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vessels from the sea into the lakes. We cannot do that, but they can.
With this threat, made at a time when we were in danger of war, staring us in the face, I ask whether it is not the part of prudence and of caution, even dealing with a friendly nation, that we should place ourselves on equal terms. If Great Britain can throw vessels upon the upper lakes in derogation of a treaty which was made to prevent this force of mutual invasion and recriminalion, I say we ought to prepare ourselves for the like security; and there is no other preparation that I know of except to give the President full authority and means to place suddenly upon the lakes the necessary force.
I do not anticipate a war with Great Britain. I would dread it. I think no man ought to say anything that would contribute to the hostile feciing between this country and Great Britain. When Great Britain and the United States fight with each other, as they muy in the course of the future, though I trust not, it will be a battle of giants. We have shown by our power in this war our ability to carry on war fearfully and with great physical strength; and when we come to fight England again, if in ille course of Providence we cver do, it will not be a figlit such as the war of 1812, or the war of the Revolution; but it will be a fight between the two greatest physical Powers of the globe, with the single exception, probably, of France. Such a war ought to be avoided, and no man in public life oughito say anything that would excite feelings of hostility between these two great nations speaking the same language; but yet it is a mark of prudence, it is a mark of caution, to prepare ourselves for this exigency; and therefore I ihink there is nothing that will go before the Committee on Foreign Relations which will be more important, or which ought to demand more careful consideration, than the question raised by the reference now moved by the honorable Senator from Wisconsin.
Mr. SUMNER. Will the Senator please read the article to which he has alluded?
Mr. SHERMAN. The article is n long one, but for the purpose of recalling it to the memory of Senators, I will read it. liis, as I have said, from the London Times of January 7, 1862.
« TIE NAVAL RE-ENFORCEMENTS FOR NORTH AMERICA, -If praise is due to the War Department for their rapid and energetic action in sending oui military stores and reenforcements for Canada, the same tribute con unquestionably be claimed the Admiralty for the rapidity which they have shown in preparing for the inspending struggle, strengthening our fleet on the North American station, and bringing forward the vessels that will be tit for service on the lakes of Canada. It is just live weeks since we laid before our readers a list of the naval force, under the cominand of Admiral Milne, on the North Arnerican and West India stations. That list comprises five line-of-battle slips, ten first-class frigates, and seventeen powerfully armed corvettes and sloops, all steainers, and mounting in all ciglityfive guns. This fleet is, in fact, equal to the whole Federal Navy, whether steain or sailing. As we bave said, only five weeks lave elapsed since that list was given, and already the preparations are far advanced toward reenforcing ibis fieet with two line-of-batule slips, twenty-threr of the largest, fastest, and heaviest screw frigates, and eight powerful corvettes, mounting among them one thousandguns. Some of these vessels have sailed, and are already on the station, others are on their way oui, others only await their sailing orders to start at a momcut's notic";sonicare in commission and will be ready and off in a very short time, and only one or two, such as ihe Black Prince, though rapidly filling, are not sufficiently forward to be commissioned yet.
" Of' the squadron of irigates, cacli vessel bas been carefully chosen for its great sailing speed, high steam power, and heavy armament, and never yet has such a fleet of picked cruisers been sent ilgainst any enquy. Among them are the Shannon, 51 guns; Leander, 51; the Euryalus, 51; Sutlej, 51; Orlando, 51; Severn, 51; Phæbe, 51; Warrior, 40; Black Prince, 40; Galatea, 26, (sister to the formidable Ariadne;) Defiance, 22; Detense, (iron,) 22; Resistance, (iron,) 22; Satellite, 21; Orpheus, 21; Barrosa, 21; Pylades, 21; Rattlesnake, 21; Chanticleer, 17; Greyhound, 17; Zebra, 17; and Magicienne, 16.
The two line-ot-battle ships are the llero, 91 guns, and the Meeance, 81. The sloops, very heavily armed, are the Styx, 7 guns; Stromboli, 7; Devastation, 7; Peirel, 11; Rápid, 11; Rosario, 11; Pandora, 5; and Vigilant, i.
All these ships, like those already on the stations, are screws or paddies, so that by the beginning of February, Admiral Milne will have it his disposal sixty five sail--namely, seven line-of-battleships, thirty-three frigates, and twentyfive corvettes and sloops. Of the seven line-of-battle ships, four--the St. George, Conqueror, Donegal, and plero-both steam and sail as fast as the best frigates in the service. Witb such a force a total and most effective blockade of all the Federal ports could be established in a single week; for, unlike the coast line of the confederate States, which is protected by myriads of little islands, and countless inleis and channels leading to the great rivers beyond, all the great Federal harbors have such narrow entrances that a single vessel would be sufficient to stop all passage in or
With the Warrior at Sandy Hook, what could enter equally open to the Federalists to do all this as to ourselves, New York, or rather what efl'ectual resistance could Fort but this is not so. Undoubtedly, it' we built gunboats on Hamilton and the batteries on Staten Island offer to a Lake Iluron, the Federals could build others to check combined attack of the four iron frigates, in case the Goy them ou Lakes Michigan and Superior quite as fast.
* The worst part of the struggle, however, will not be on interrene between the declaration of war and the thawing
length, running froin Oltawa to Kingston. The locks on
Mr. SUMNER. Mr. President, there are two
wish to make a single remark, not by way of
it is supported by the eminent authority of Mr. Canada. They may do so with ease, since all the locks in Phillimore, the latest English writer on the law these canals are built to pass vessels one hundred and of nations. The words of Mr. Phillimore have cighty-six feet long, forty-four and a half feet beam, and
been quoted in the Canadian press and also in mine feet draught. “On this important point we can speak with certainty, as
some of the newspapers of our country. They we have an othcial engineer's plan, with the dimensions do seem to sanction the order of General Dix. of the locks and canals, before us. All our smaller twenty But perhaps the Senator from Ohio has not had one-gun frigates, such as the Pylades, Rattlesnake, Bar
his attention called to another authority of our rosa, Satellite, &c., could, wc think, with perfect case pass
I np these locks, it lightened of their heavy stores and arma
own country which is in a different sense. ments, which could, of course, be taken up with them on refer to the recent work of General Halleck on timber rails, or flat-bottomed country boats. Once on the the law of nations, which, take it all in all, is waters of Lake Ontario, all our diiticulties would be at an
perlaps the best practical manual on that subend, for at the western extremity of Lake Ontario is the Wetland canal, connecting Port Dalhousie, on Lake On
ject extant. If Senators refer to that, they will tario, withi Port Colborne, on Lake Erie. The length of see that this writer, after quoting the very words this canal is about thirty-five iniles, and it passes entirely of Mr. Phillimore, takes exception to them as 100 through British territory. The lock-gates on this are capa broad, and doubts whether any enterprise in purble of passing vessels of one hundred and forty-two teet long, liventy-six feet beam, and ten feel draught, an ample
suance of that authority would be sustained by accommodation for the heavy-arinedsix gini screw dispatch
the law of nations. In short, he says that anygunboat vessels like the flying Fish, or even for the leavy thing done in that sense would be an act of war. armed eleven gun sloops of the class to which the Rapid, Petrol, and Rosario belong. From Lake Eric the Riversi.
Now, sir, I do not intend myself on this occaClair leads direct between Detroit, on the American side,
sion to express any opinion on that question. and Chatham, on the Canadian side, into Lake Michigan. There is no occasion for it. Across Lake St. Clair and down the St. Clair river two Mr. HOWARD. Will my honorable friendl thirds of the corn and provision traffic between the States of the far West and the Atlantic seaboard is carried on,
from Massachusetts have the goodness, if the and one or two corveties on Lake Si. Clair would be suf
book of General Ialleck is at hand, to read the ficient to stop it all. The Grand Trunk railway has a line passage to which he refers? It is certainly a very to the settlement of Sarnia, on Lake Turon, around the
important principle that General Hulléck anshores of which grows any quantity of the finest timber.
Mr. SUMNER. The Senator knows very well
dare say it is in the Congressional Library, and mercy. It may be said, perhaps, that in case of war it is I can have it within a reasonable time, and I shall
have great pleasure in calling the attention of the lakes we have ten tons of shipping where the an avenue open, you will not have to keep useSenator to the passage and section on this subject. British bave one; we own nearly all the stcam less fortifications or useless feels there,
Mr. JOHNSON. Will the Senator from Mas boats that ply there, and we shall continue to The third remark I wish to make is that I do sachusetts pardon me for asking if General Hal own them so long as we maintain our present navi not believe with the Senator from lowa (Mir. Jeck cites any authority for the opinion? gation laws, giving to our own people the power | GRIMES) that the repeal of the reciprocity treaty
Mr. SUMNER. Tihink he does not; I think to transport the traffic of that country. All you will afford ample protection either to the States he goes into a criticism of the English authority. want, whenever difficulties shall occur between us adjacent to the great lakes or to any other portion
Mr. JOHNSON. He is clearly wrong. and Great Britain, is to have armaments which you of the country. If it is to be conceded that the
Mr. SUMNER. As I say, I do not wish now can immediately throw on board these vessels. repeal of the reciprocity treaty must be had, if to be drawn into any opinion on the question; I Take possession of the mouth of the Welland that is a foregone conclusion, which I shall regret merely call attention to the difference of opinion || canal, and what power will the British have? very much to know as a single individual, I trust among important authorities, and I show that Where the necessiiy, therefore, of deciding in ad no one will be persuaded either by the Senator while the Englishman would seem to sustain Gen vance that we must go and build fortifications at from lowa, or in any other way, 10 rest with the eral Dix, the American authority does not sus the mouth of every river, or near every harbor on repeal of that treaty. Think other measures will lain him; that is all. the whole upper lakes?
be just as necessary for our protection after that There is one other topic to which the Senator Mr. President, the true way to settle this whole is repealed as before. The repeal of a treaty. from Ohio referred, and that is the naval forces thing is to repeal the reciprocity treaty. Great which it is said has proved beneficial to these on the lakes. He is aware that the " arrange- Britain is not going to fight for Canada Canada provinces, our neighbors, I do not think will make ment" on that subject is anomalous, abnormal was an apple ripe and ready to drop into our them any more friendly to us. If I believed that in its character; that it does not appear to have hands when the reciprocity treaty was agreed to. that trraty was more beneficial to them than to us ever received the sanction of the Senate; that in It was consummated through the instrumentality I should say that of itself was a good reason for the statute-book it is only printed in small type; of the men who are now in rebellion against this the repeal of the treaty; but the repeal of the it is a small type arrangement; that it does seem Government, with a little aid that was furnished
treaty is no reason why these other measures of to have been proclaimed at the time by the Pres to them by the people of the North. Repeal the defense should not be prosecuted. ident; but the origin, and history, and character | reciprocity treniy and you will find thai in less Mr. HALE. I rise, Mr. President, to say a of that arrangement are still subjects of doubt. than twenty-four months the people of the Cana
word in regard to a matter which has incidentIt was on this account that only the other day | das and of the British provinces generally to the ally been brouglit in. I entirely agree with the I introduced a resolution into the Senate calling | north and northeast of us will be clamorous to Senator from Wisconsin (Mr. Howe) in regard for all information on the files of the Department come back to us. I trust that the Committee on
to the reciprocity treaty, and I wish to make one of State with reference to that anomalous paper, Foreign Relations will direct their attention spe or two suggestions to the Senate on that subject, as it may be characterized. When that informa- | cially to that branch of the subject that is com I think that at the last session an attempt was tion is received, the Senate will then have the mitted to them.
made very perseveringly, and I may say obsliproper information to proceed, as they should, lo Mr. SUMNER. The committee meet to-mor
nately, to repeal the fishing bounties. li was reannul it. I have no doubt that they will act row expressly to consider that.
sisted in this body, and successfully resisted, on promptly as soon as ever they are in a condition Mr. GRIMES. I am glad to hear it, and I the ground that those bounties were necessary in to act at all.
hope we shall have speedy action on that matter. order to encourage the fisheries as a school for Mr. GRIMES. There is one subject that has Sir, the newspapers tell us that there is u panic
Now, sir, the reciprocity treaty enbeen introduced into this debate to which I de in Canada. I have no doubt of it. It does not courages the fisheries of our northeastern States sire to direct the special attention of the Commit- proceed from any fear that they have of war; it ten times what all your fishing bounties do, and tee on Foreign Relations when this question shall proceeds from the fear that they have of their be referred to them, and that is as to the truth of pockets. The moment you repeal the reciprocity | those States will see what it is before they con
hope that the representatives in ihe Senate from the allegations set forth in the editorial of the treaty, that moment the stock of every railroad sent to its repeal. The very first article in the London Times. In the language which has been in all Canada will become utterly worthless; every treaty, and one of the most important, is in these quoted by the Senator from Ohio, the article says: man of wealth and means there will become bank
words: “But it is equally certain that they (the United States) canrupt. It is caused by the fear they have of the
"It is agreed by the high contracting parties that, in adnot possibly build steam frigates and corvettes on Litkes repeal of ihat treaty which gives them the carry dition to the liberties secured to the United States fisherErie and Ontario ns fast as we can send them up through ing trade of the produce from the West, and gives men by the above mentioned convention of October 20, the canals we have mentioned, ready built, manned, and equipped.” them the power to compete with us in the eastern
1818, or taking, curing, and drying tish on certain coasts of
the British North American colonies therein dcfined, the markets, which is very much to our injury. Now, I assert that Great Britain has not got a
inhabitants of the United States shall have, in common
Mr. HOWE. Mr. President, before this prop wiil the subjects ofher Britannic Majesty, ile liberty to take corvette, or a sloop, or any steam vessel of war
osition goes to any committee, I want to avail fish of every kind, except -bell-tisli, on the sca-coasts and that has the capacity to go through the canals myself of the occasion to make two, possibly
shores, and in the bays, liarbors, and creeks of Canada, New into the upper lakes.
Brunswick, Nova Scotia, Prince Edward's Island, and of the three remarks, if I do not forget the third. Mr. SHERMAN. If my friend from Iowa
several islands thereunto adjacent, without being restricted
The first is that I am glad at last to see attention will allow me to read an extract from that same
to any distance from the shore, with permission to land called, for some reason or by any means, to the upon the coasts and shores of those colonies and the islands editorial he will find that it gives information on defenseless condition of our northern lakes. It thereof, and also upon the Magdalen Islands, for the purthat very point. It speaks of the Welland canal is said that there is a panic in Canada. I hope
pose of drying their nets and curing their fisi," connecting Lakes Erie and Ontario, which is the smallest of the canals, and says of it:
there is no panic here to prevent our considering This is one of the most important privileges
the subject coolly and calmly, and with a tolera ever secured to the fishing interest of this country, * The length of this canal is about thirty-five miles, and ble share of wisdom. When the first fortifica and the Senator from Maine before me [Mr. Far. it passes entirely through British territory. The lock-wales
lion bill that ever I heard considered in the Sen WELL) knows it as well as I do. I was recently on this are capable of passing vessels of one lundred and forty-two feet long, tiventy-six feet beam, and ten feet
ate was under consideration here, in the winter in the office of the American consul at Halifax, drauglit-an ample accommodation for the heavy-illmed of 1862, I then took occasion to call the attention and I think I speak within bounds when I say six gun screw dispatch gunboat vessels like the Flying of the Senate to the very condition of things that of the American captains who called there Fisli, or even for the heavy-armed eleven-gun sloops of
which we hear spoken of to-day, and I then the class to which the Rapid, Petrel, and Rosario belong."
for the purpose of exhibiting their manifests and called the attention of the Senate to the very ar making their entries, more than nineteen lwenThus the writer gives the size of the locks of ticle which the Senator from Ohio has read this lieths of all the commerce that was thus officially the canal and designates the class of vesscls that morning. It seemed to be then the general opin- || registered at the office of the American consul at can pass through those locks, and quite a num ion of the Senate and of the country that the Halifax consisted of fish. Ti is a very important ber of vessels are named as those that could go Northwest was all oak, and could stand alone, item, and it was an item that was placed first in through into the upper lakes.
and therefore no provision whatever was made for consideration in the treaty. Mr. GRIMES. "Then the writer goes on and our protection or our defense. It seems to be now Again, sir, another provision should be borne speaks about the capacity of the British to send admitted that a hostile fleet thrown in on those in mind in view of the present high price of coal, . through frigates and corvettes. Everybody knows lakes could operate disastrously on other portions which is an article of prime necessity for the peothat they cannot send those through; and every of the country than the Northwest itself; and it ple of this country, and especially for the poor body who is familiar with the British navy knows is of national importance, it seems to be conceded people. That article, under this treaty, comes into that the class of gunboats they built during the this morning, that there should be some protec ihe United States free of duty; and anybody who Crimean warand which had capacity to go through tion to that section of the country. That is all I is acquainted with the necessity that humanity these canals, have now been entirely broken up have to say upon that head.
itself demands in the matier of fuel in the cities and destroyed. I remember having had my ai. The next suggestion I want to make is by way and on the northeastern coast will be slow, I think, tention called to this matter when the project of of reminder to the Senate that for the last two before consenting to repeal a treaty which has so building a ship canal from the Atlantic io the years you have had almost the whole country beneficent a provision in it as that which allows Mississippi was under consideration, and it was here knocking at the doors of the Legislature and coal to come in free of duty. This treaty gives urged in the section of the country in which I re begging you to make an appropriation (and I be us coal, and gives our fishermen a privilege which side that it was necessary that we should expend || lieve they have never asked for more than one they never had before, and I should look upon it millions of dollars to build a ship canal in order third of the appropriation which is contemplated as one of the most unwise measures this nation that we might have in that a counterpoise for the il by this bill) in order to provide an avenue thiough could possibly adopt, if we were to repeal the power which Great Britain had in her canals; and which you can throw gunboats from the Hudson reciprocity treaty for the purpose of inflicting my attention having been thus directed to it, I river into the lakes as readily and as prompily as any injury upon the British colonies. The fact is sutisfied my own mind that Great Britain had not they can be thrown by way of the St. Lawrence we shall injure ourselves ten times more than we the power to molest us in this way.
canals. Those calls have not been heeded. My shall the inhabitants of those provinces by repealThe true mode, Mr. President, to defend our deliberate judgment is that that is the cheapest | ing the reciprocity treaty. I hope that whatever selves on the northern frontier and on the lakes mode of defending the northern lakes and the else we may do, we shall not, in any fancied feelis to have arsenals and armories there. On the countries adjacent thereto. When you have such ing of wrong that we have suffered at the hands
of those colonies, undertake to repeal so benefi The whole matter was that Great Britain had action until we have heard from the imperial Govcent a measure for ourselves us is the reciprocity practiced upon one interpretation of national law ernment and seen what they say on the other side treaty. It may in some cases, in some localities, when her cruisers took her alleged suljects out of the water in regard to the wrongs that have and in regard to some interests, have operared of our vessels, and when our vessels undertook been inflicted upon us.
Let us not do what our disadvantageously; I do not doubt that it lias, le to apply the same rule, to take men that owed minister at Brazil complains that Great Britain cause that seems to be the judgment of some gen. allegiance to this country and were in rebellion did. He complains that when the rebellion broke temen; but in a great national point of view, and against it out of her vessels, she assumed another out, before our minister had been received, hefore particularly with reference to that great national and a totally different policy, and tlie Sevator there had been an opportunity to say a word from consideration, the nurture of soamen, the privi from Massachusetts construed that as an aban this Government in regard to the state of things, lege that this creaty gives to the fishermen of the donment of the piratical doctrine that she had in hot hasie, as soon as the war commenced, Great United States of fishing within three miles of the lived upon for so many years before. He will Britain acknowledged the rebels as belligerents. British coasts and going upou British territory to excuse me (for nobody has more respect for him Well, sir, it was a great wrong, it was a great outcure their fisli, is a privilegra that I think Massa than I have) when I say that that is an answer to rage; but let us noi do what amounts to the same chusetts and Maine wiil deliberate a very long his whole speech, beautiful as it was, though it thing in a similar case. Let us not put ourselves time before they will consent to give up.
may be presumpiuous for me to suppose that an in any position that can be construed as offensive Now, Mr. President, while I am up I want to oft-hand utterance of mine can answer so clabo to Great Britain, until we know how Great Britsay another word in regard to the matter of this rate an argumentas ihat; but it is there, sir. We ain herself looks upon the transaction of which bill. I do not care much to what committee it ought to have resisted that, and we ought to have we complain. may be referred, but I do hope that the Senate resisted it ihe more for the insolent and the threat Mr. FARWELL. I did not propose to take will consider, and consider maturely, the condi ening manner in which it was made. If we had any part in this discussion; but as the Senator tion of things; and that because we are smarting stood up then we should have had the sympa. from New Hampshire has called upon me, I will under the unjust decision of a Britisha magistrate thies of the civilized world with us, because we state for the information of that Senator and of in a mutter in regard to which the public mind should have then said " we will not submit to the Senate that my impression is that the fisherhas been exceedingly excited, we will not, under have a rule one way for you and another way for men of New England would be very well cona temporary irritation for this cause, enter upon
tent to have the reciprocity treaty repealed. To be a system of hasty legislation, one that will be cai Mr. President, let no man say anything lightly sure, the reciprocity treaty gives them some privculated to excite rather than to allay the animosi that will have a tendency to provoke a war between ileges which were denied ihem under former treatties of these contiguous peoples.
these two great countries; let no man and no ies; for instance, the privilege of fishing within Sir, I believe to-day that the sentiment of the boily of men do anything lightly that shall have three miles of the coast of the provinces; but, authorities in the British provinces is for discharg a tendency to disturb the relations of peace be upon the other hand, the duty on sale which our ing their duty in regard to this country. I know tween this country and Great Britain. 'I should fishermen have to pay is at this time very heavy. that in some parts of the provinces the feeling look upon it as one of the greatest calamities that Salt costs on board fishing vessels this year one among the people is different; and I can explain could befall the civilized world. But, sir, we are
dollar a bushel. Then they are obliged to go on something of what makes it so. Goiolo Ibirax, now at war, we are in the desperate contingencies the coast of the provinces to get their fures of for instance, which is the great depoe for block of national life or death, and I say that if national fish, with considerable loss of time and expense. ade runners at the present time, where they load life cannot be preserved with national honor, then The provincial fishermen put their salt on board their vessels to go io Bermuda und Nassau, and come national death; the loss of national honor at about one third the cost of ours; they go out then take the chance of running them into Wil. can never be retrieved. I say, therefore, we from their own harbors right upon the coast and ming!on. At Halifax tihey get their supplies of should not hastily, even by any words of debate, catch their fares of fish; They bring them duty groceries, meat, and everything of that sort. The say anything which shall have a tendency to ex free into our market to compete with our fisherconsequence has been to raise the market price of cite such a feeling and to proyoke such a result.
Therefore I think that our fishermen would those articles in the British poris; and those who Mr. President, I believe ihat by wise counsels, be the last men to complain of the repeal of the deal in them, and find the prices of them raised, and by prudent and by firm counsels, we can do reciprocity treaty. necessarily have their sympathies and their feel- everyihing that the emergencies of the time re I was content with the reference of this ques. ings enlisted on the side that puts money in their quire. I rejoice to notice in the papers which tion to the Committee on Foreign Relations, and pockets, more than on the other side. But that have come to hand since the orderof General Dix I wish to say here that I have great admiration ihere is any setiled feeling of hostility to this was made, and before the order of the President for the manner in which the foreign relations of country among those who control the provincial countermanding it, that the tone of the leading this country have been managed, both by the governments, or control public sentiment there, I presses in the provinces, in Canada especially, executive depariment and by the two Houses of do not believe,
was one of justification of General Dix's order. Congress. It by any forbearance short of the loss I regret as much as anybody the things that They did not feel that it was an infringement of national honor we can prevent at this time any have occurred; I feel as indignunt as anybody, upon the dignity or the power of Great Britain, collision or any complication of our affairs with and I have felt so for a long time; but I think the bul, so far as I have seen, and I have seen num foreign countries, it is not good policy to bring time has gone by for us to get angry without rea bers of them, the tone of the press in the Canadas about any such collision or complication. son. The time was when we could have got mad was almost universul in sustaining the position
This discussion has taken a wide range, and I with grace and dignity, and it was when the in- | which General Dix had taken. The President propose now to allude to one or two things which solent demand was made by Great Britain upon thought differently, and I am content with ibat. have occurred here without any remark from me. us, in an insolent manner, for the surrender of Bui, sir, while we would do nothing rashly, resolution of inquiry was presented last week Mason and Slideil. Then we could have stood and while I would counsel nothing rashlý, I would || in regard to making a list of vessels destroyed by before heaven and earth, and we ouglit to have counsel firmness; and I confess I regrei (though the pirates which have been filted out from Engstood there. That was my opinion then, it is my upon the whole I agree with the general tenor land, and calling upon England to pay us for those opinion now. Great Britain demanded the sur
ir- ll of the letter) that our minister at Brazil, in the vessels. The people of my Slate are very much render of Mason and Slidell, and in the same communication which he ade touching the seiz interested in that subject. We have had a good breath in which she made the demand she sent ure of the vessel Florida by our cruiser, admits many vessels destroyed by these pirates, and I her troops in a threatening aspect into her prov so boldly and so baldly as he does that we had hope the time will come when England will pay inces here, ready to back up by force of armis the submitted to wrong and insolence from Greut every dollar of the value of our vessels destroyed; demand which she had made. My honorable Britain because we were not in a situation to re but I would not advise the making of a clain difriend from Massachusetts (Mr. SUMNER] made sentit. It may possibly be true; but if it be true, recily on England for the payment of those veson that occasion, as he always makes, a very able it should have been kept in the most secret re sels at the present time. If the Government should specch on that subject; and it was my inten cesses of the patriotic heart, and never should collect the money, to whom would it be paid? To tion, in my poor way and with such teeble sug have been ultered until we were in a situation to whom does it belong? As a general thing the gestions as I could make, to suggest the fallacy || enforce that which we believed to be our right. vessels that have been destroyed were insured. and the infirmity of the argument which lie sub. Now, Mr. President, I have said thus much The insurance companies have paid for them. mitted to the Senate. But, sir, I did not want, because I have totally disagreed with those who The insurance companies have collected the even by implication, to do anything which should would repeal this reciprocity treaty. I think it money in the shape of war premiums from the add fuel to the flames that seemed to be threaten is a great measure of good, not only to the com whole commerce of the country. It is, therefore, ing a general conflagration. Let me tell the Sen fort but to the military ability and to the naval a loss to the commerce of the country, and not to ator here now, however, though I have not read force of the country. Now, when everybody feels the men who have individually lost the vessels or his speech, I am sorry to say, since it was deliv-. || aggrieved, when everybody feels that we have to the insurance companies which have paid for ered, ihal Great Britain had been in the habit of been treated by the subordinates of the Canadian them; but there may be cases of individual harddoing the very same thing year after year and year governmentas no independent nation should sub ship, where Congress muy think proper to grant after year. She had mel American vessels sail mit to be treated, I hope that in such an hour and reliet. I hope to see this money collected in aning under the American flag, and claimed the right such a time as this, while we take counsel of that other way. I have noticed a movement in the to stop them and to take anybody that the cap- l patriotic indignation which burns in every Amer other House for the repeal of that clause of the tain of the British cruiser judged to be an English ican breast ai this great outrage, we will still take Constitution which prohibits the laying of an subject from under the protection of our flag and counsel of prudence, as well as firmness. I be export duty, and I hope the prohibition may be transfer him to theirs. The Senator says “that lieve that this feeling of indignation at the treat repealed. More than forty years ago cotton was is true," that is what they had done. The in ment we have received from Canada, although proclaimed king in this country, and it was king; firmity of his argument was this, that when Great | unofficial, is not confined to this country; I believe but now, like another king that we read of, it is Britain came to have that very same thing prac it is the universal expression of the public mind driven out to eat grass for a season. Bul, sir, it liced on her, then she would not submit; then it of the best classes and of the leading classes in will be king again, it will be crowned again as was another bull that had gored the ox, and she the Canadas; and I hope, to say the least, that king, and this country is to rule the king that will was prepared to examine the question, and if, and this Government, or the Senate, or any official of rule the world; and, sir, wlien this vasi southern if, and if, und so on. Now, sir, what was it? this Government, will not commit itself to any country shall be opened, and when free labor shall
It is a
go down and occupy it, when cotton can be pro the invaded State is warranted by international law in cross at that time was in accordance with that opinion, duced for eight or nine cents a pound, and laid ing the frontier, and in taking the necessary means for her He supposes that the surrender was not justified; down in our harbors ready for export, then it will
safety, whether these be the capture or dispersion of the be for the interest of the men who raise the colrebels, or the destruction of their stronghold, as the exi
that England had no right to demand it, because gencies of the case may fairly require.”
she had been, before our war with her of 1812, in ton, and the interest of this whole country, to put
These are the words of the English authority,
the habit of taking from the protection of our own an export duty of at least five cents a pound upon i already referred to by the Senator from Ohio, flag those whom she claimed to owe allegiance to the market for cotton by taking the great bulk of quoted by General Halleck. He then proceeds!
upon it, but we never admitted it; on the contrary, the crop, the manufacturing interest both North
“This is certainly a very extraordinary pretension; let
from the first we denied it, and finally we went to us examine the reasons by which it has been attempted to and South will spring up, and at least half the crop sustain this right of extra-territorial jurisdiction. (Philli.
war because of it; and although the asserted right will be manufaciured at home, and the price will more, On Int. Law, vol. 1,9 213; Phillimore, letter to Lord was not formally surrendered by her at the terminot be exclusively in the control of British mer Ashburton, p. 27, et seq.)
nation of that war, yet in point of fact she has never chants and British manufacturers, where with
"Mr. Phillimore has himself pointed out what he conceives to be the principle of international law, from which
since exercised it. It is indeed as effectually extincheap money they hoard up their millions of bales lic derives this pretended right of one state to transgress | guished as it had been expressly renounced, and and hold them in order to govern the price. Sir, the borders of its neiglior’s territory in line of peace, not I think the honorable member will find, if he will I trust that all our vessels which have been des as an act of hostility, but as a kind of pacifico-belligerent
read the correspondence that passed between Eng. stroyed will be paid for, together with a large
right of territorial violability; pacific with respect to the
land and the United States in relation to her once amount of the inierest of our debt, by an export
spect to the particular powers and places attacked or de asserted right, that the fixed opinion of the Amerduty upon cotton. stroyed."
ican people and Government was that such right But, sir, if there shall be war between England
He then proceeds to quote some other words was entirely without foundation. and this country, it will be a war upon the ocean, from Mr. Phillimore, and goes on as follows:
A word more. It has been over and over again and I wish here to say one word to Senators upon
“ The defect of Mr. Phillimore's argument consists in
asserted by the press, and by many of our public this topic. The legislation of the last two years the assumption of a false principle for its basis, and his men, that England did us great wrong in recog. has been extremely cruel to our commerce. Hemp, erroneous premises necessarily lead him to an erroneous nizing the confederate government at all as an iron, copper, everything that goes into the con: conclusion. There can be no conflict or rights, stricti juris, between States in time of peace. No such principle is
existing government, and as such entitled to belstruction of ships is highly taxed, and then there admitti d in the code of public international law.
ligerent rights; that she did this too speedily. is a special tax laid upon the construction, a top
maxim of that law that every right is followed by corre Now, we should remember that the doctrine is nage duty laid every time a vessel comes into sponding duties and obligations. It, therefore, one State has perfectly well settled with us that in the case of a port; and further, Congress has required every
a right to violate the territory of a neighbor in time of peace, civil revolution, if the revolting people are preman who owns a ship which has been once meas
for wvliat it sees lit to consider the purposes of self-defense,
sented before the world as having a government
its existence is to be admitted by all foreign naof its territory, and that any invasion of it is an act of boscommodation, or for some other purpose, unasked tility which may be repelled by force. So, the other party
tions, and all the consequent belligerent rights for by the commercial men of the country. The may also entorce, with arms, if need be, its own right of recognized. We did it in the case of South Amerresult has been, with the war premiums which we territorial transgression, incident to its paramount right of ica. We have done it, and are now doing it, as are obliged to pay not only on the hull but practi sell-defense! Tiere, then, we have force repelling force the President tells us, if I recollect, in his message,
in the pacific exercise of established public international cally upon every cargo carried, for no merchant rights! This is the legitimate and necessary consequence
in a much more recent instance. Maximilian will ship his goods in an American botlom unless of Mr. Phillimore's argument. Its defects are too mani. put upon the throne, or attempted to be put upon he gets the freight enough cheaper to cover the fist to require any extended discussion. (Webster, Ofl. ihe throne of Mexico by Napoleon, and a civil war extra war premium on the curgo-the result
and Dip. Papers, pp. 104-1:20, 140992; Phillimore on Int. practically is that we are unfilling ourselves for a
Law, vol. 1, $3.213,216; Wildinan, Int. Law, vol. 1, ch. 2.)" waging between him and the former republic, the war with England; we are driving commerce from
But the author does not consider us without a
President tells us that he recognizes and observes
strict neutrality between the two. This is prethe country; our shipping is being sold every day remedy. He proceeds:
cisely what England has done in our civil war, to foreigners, and what is not being sold is being “ But it may be asked, shall the State, which is suffering
and it was done at the earliest moment, too, by us. denationalized by a transfer to a foreigner and a
from the piratical incursions organized in and emanating
from a nejzboring Stair, do nothing in self-defense and Now, I submit, under all the circumstances, foreign llay hoisied over il.
for self preservation? Must she wait till the invading force can we justly complain that England acted too Senators will see by looking at the report of the crosses hier own borders before she can attack or destroy speedily? We should not forget what we have done Secretary of the Navy that we have now fitry one it? Not at all. If the neighboring State, from the want
ourselves. But what have we done in our war? either of the will or of the ability, neglects to prevent such thousand sailors in our Navy, a:d I think there excursions, or to suppress such organizations, the threat
This insurrection began in April, 1861. In July, can be but very few more than that now engaged ened State may crosside frontier and attack or destroy the 1861, the Congress of the United States by legisin the commercial marive of the country. Nearly purcat led danger. But the act is one of hostility, and she lation recognized the existence of the war, and the half of all the sailors are taken from the commer
perfornis it in the exercise of her belligerent rights, not in cial marine and transferred to the Navy. Then, ile exercise of a pacific right of self defense. It is not
Supreme Court in their decision in the prize cases necessary that such act should be preceded by a declaration at December term, 1862, relied upon ihat act as besides all the other obstacles in the way of the of war, vor, indeed, that it should be followed by a public conclusive that the confederate government was commercial marine of the country, is the great and solemn war in for; nevertheless, it is a belligerent
a government de facto, and that we had the right advance in wages caused by the high bounties
aci, justifiable, perhaps, by the circumstances of the case and the large inducements offered for men to go and the culpable neglect of the other party, and, as such,
to proceed against it by embargo, or by blockade, belongs to that class of hostile operations known in inter or in any other way known to the laws of nations, into the Navy. I trust that the committee who are national jurisprudence as imperfect war, and which will be the same that we would have against a foreign to have this subject under consideration will as far inore particularly discussed in another chapter. (Wheaton,
nation with whom we might at any time be at as possible endeavor to relieve the commerce of
Elen. Int. Law, pl. 2, ch. 1, § 13; Grotius, de jur. Bel, ac
war. And from that day to this, and indeed even the country from all charges which are not paid
tome 5, pt. 4, ch. 3; Vattel, Droic des Gens, liv. 2, ch. 6, before the 13th of July, 1861, when your first act by foreigners with whom we have to compete:
was passed, we have recognized the confederate would, however, assure our friends at the West
My object is simply to call attention to the government as a government de facto, giving us that they need not be alarmed in the event of a rup words of this learned writer, without myself ex for the time being every belligerenı right. We ture with England. At the first speck of war, pressing any opinion upon the point in question. have, therefore, been very quick in our own movewith our superior land force to any she can puion Mr. JOHNSON. Mr. President, as I supposed ments in following the example of Great Britain foot on this continent, we should take possession the fact to be, from recollection, no authority is in the matter; in truth, we anticipated her, and that of the ingress to the lakes, and with our commer cited by Halleck in support of his criticism on being the case, perhaps it would be as well for us cial marie, our steamers so easily converted into Phillimore. And, in truth, it will be seen that he not to complain very bitterly of what she has war vessels, we should have entire control of the
differs with Phillimore as to the character of the done. lakes.
right rather than as to the right itself, as to its proper The motion to refer the bill to the Committee Mr. SUMNER. The Senator from Michigan designation rather than its existence. Phillimore on Foreign Relations was agreed to. (Mr. IlowanD) asked me to read to the Senate
considers it as a peaceful remedy, a peaceful right, the important words of General Halleck lo which
NOTICE OF A BILL. of which the Government whose territory is inI referred in debate. I told him that I had not the book then with me. Since then I have seni vaded cannot justly complain. General Halleck
Mr. WILSON gave notice of his intention to considers it a belligerent right, and if it be a
ask leave to introduce a bill to increase the numto the Congressional Library, and I now have it before me. belligerent right it cannot be a just subject of
ber of cadets in and raise the standard of admisI do not wish to trespass upon the complaint. Whether, therefore, it be called a
sion to the Military Academy. time of the Senate, but perhaps it would not be belligerent right or a peaceful right is perfectly uninteresting io Senators to hear the precise state
BILLS INTRODUCED. immaterial. All that I maintained, and all that ment of this learned authority on the question General Dixevidentiy thought when he issued his
Mr. GRIMES asked, and by unanimous conwhich is now one of practicalinterest to the whole country. General Halleck begins on page 94 by
order, was that there existed a right in the United sont obtained, leave to introduce a bill (S. No.
Stales to take the course which he directed his 358) to establish the grade of vice admiral in citing the words of Mi. Phillimore, the English officers to take.
the United States Navy; which was read twice by authority, as follows:
A word in relation to what fell from the honor its title, and referred to the Committee on Naval “ A rebellion, or a civil commotio:, it my happen, agi able member from New Hampshire, (Mr. Hale.)
Afairs. tates a nation; while the authorities are engaged in repressing il, band of rebels pass the frontier, shelter them
It is very desirable, of course, that while we are de Mr. HENDERSON asked, and by unanimous selves under the protection of the conterminous State,
Termined to exact justice of all nations, we should nt obtained, lenve to introduce a bill (S. and from thence, with restored strength and fresti appila see that we are noi doing injustice ourselves in the No. 359) to reimburse the State of Missouri for auces, renew their invasions upon the State from which they have escaped. The invade State remonstrates. The
particular of which we may complain. The honor-moneys expended for the United States; which remonstrinch, whether from favor to the rebels, or feeble
ablemember says that our Government was wrong was read twice by its title, referred to the Comness of the Executive, is unheeded, or, at least, the evil
in surrendering Slidell and Mason. Perhaps the 10111ee on Military Affuirs and the Milicia, and complained or remains usredressed. In this state of things in general sentiment of the people of the United Smtes , videred to be printed.
Mr. LANE, of Kansas, asked, and by unanimous consent of tained, leave to introduce a bill (S. No. 360) to enable the people of Colorado to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States; which was read twice by its title, and referred to the Committee on Territories.
He also asked, and by unanimous consent obtained, leave to introduce a joint resolution (S. R. No.85) authorizing the Secretary of the Treasury to issue certain bonds to the Secretary of the Interior for feeding the refugee Indians; which was read twice by its title, and referred to the Committee on Indian Affairs.
Mr. HENDRICKS asked, and by unanimous consent obtained, leave to introduce a bill(S. No. 362) to amend the third section of an act entitled "An act making appropriations for sundry civil expenses of the Government for the year ending June 30, 1865, and for other purposes," approved July 2, 1864; which was read i wice by its lille, and referred to the Committee on the Judiciary.
Mr. HENDERSON asked, and by unanimous consent obtained, leave to introduce a joint resolution (S. R. No. 86) to provide against periodical rebel invasions of Missouri, and to protect the interests of the Government on the western border; which was read twice by its title, and referred to the Committee on Military Affairs and the Militia.
DEPARTMENT OF ARKANSAS. Mr. BROWN submitted the following resolution, which was considered, by unanimous consent, and agreed to:
Resolu That the Secretary of War be directed to transmit to the Senate, if not incompatible with the public service, the report made by Major General Herron, in compli. ance with orders instructing him to inspect the military department of Arkansas.
ARRESTS IN KENTUCKY. Mr. POWELL submitted the following resolution, and asked for its present consideration:
Resolved, that the President be requested 10 communicate to the Senate all information in his possession bearing on the arrest and imprisonment of Colonel Richard J. Jacobs, Lieutenant Governor of the State of Kentucky, and Colonel Frank Woolford, one of the presidential electors of that State; particularly by whose order they were arrested and imprisoned, where they are at present contined, and what offenses are charged against them.
Mr. WILSON objected to the consideration of the resolution, and it lies over under the rules.
ADJOURNMENT FOR THE HOLIDAYS. Mr. HENDRICKS. I move to take up the resolution which came from the House of Representatives this morning, proposing an adjournment over from Thursday next.
The motion was agreed to; and the Senate proceeded to consider the following resolution of the House of Representatives:
Resolved, (the Senate concurring,) That when this House adjoums on Thursday, the 22d instant, it adjourn 10 meet on Thursday, January 5, 1865.
Mr. HOWE. If there be no objection, I prefer to have the resolution so amended that when the two Houses adjourn on Wednesday next, they adjourn over. ("Oh, no.”] Very well, I will not move the amendment.
Mr. BROWN. I ask that the resolution be again reported. The Secretary read the resolution.
Mr. BROWN. Cannot the resolution be so amended as to include both Houses?
The PRESIDENT pro tempore. Undoubtedly it is in the power of the Senate to amend it as they may choose.
Mr. SHERMAN. It has been usual at different sessions to amend it in that way. The House of Representatives usually, under the Constitution, ask leave of the Senate to adjourn themselves, and it is usual for the Senate to amend it so as to include both Houses. 1 move to amend the resolution so as to make it read:
That when the two Houses adjourn on Thursday, the 221 instant, they adjourn to meei on Thursday, January 5, 1865.
The amendment was agreed to, and the resolution, as amended, was concurred in.
NATIONAL UNION INSURANCE COMPANY. Mr. HARLAN. I move to take up for consideration the bill (H. R. No. 517) to incorporate the National Union Insurance Company, of Washington.
The PRESIDENT pro tempore. The Chair is ABSENT-Messrs. Buckalow, Carlile, Chandler, Colinformed that that bill has noi been reported from lamer, Cowan, Rale, Harding, Hendricks, Hicks, Howard, the Committee on the District of Columbia, to
Johnson, McDougall, Morrill, Nesmith, Saulsbury, Ten which it was referred.
Eyck, Trumbull, and Wade--18.
So the bill was passed.
I came in for the purpose of voting.
The PRESIDENT pro tempore. The result
Mr. JOHNSON. I ask leave to vote with the
consent of the Senate. House of Representatives, and referred by the Mr. LANE, of Indiana. The Senator from Senate to our Committee on the District of Co- Maryland was in the Chamber before the result lumbia at the last session, according to my recol was announced, and I hope he will be permitted lection. By that committee it was referred to a to vote. special sub-committee, consisting of the Senator The PRESIDENT pro tempore. The Chair from Maine [Mr. MORRILL] and another mem
will read the rule. ber. I think the Senator from Maine prepared Mr. FOSTER, (to Mr. Johnson.) The rule some amendments to be submitted, which he is positive. thought were necessary as checks and guards to
Mr. JOHNSON. Then I waive the motion. secure the public interest and to protect the per
I understand it is against the rule. sons who might be insured. I suggest to my The PRESIDENT pro tempore. The rule is colleague that he let the bill lie over until the very explicit. The Chair will read it for the inSenator from Maine returns. I know that it was formation of the Senator. the sentiment of the committee that the bill as it “ 17. When the yeas and nays shall be taken upon any came from the other House was defective. It
question, in pursuance of the above rule, no member shall
be permitted, under any circumstances whatever, to vote does not correspond with the best regulated char
after the decision is announced from the Chair." ters granted in the States, and it confers some ex
Mr. JOHNSON. In point of fact I was maktraordinary powers on the corporators. Mr. HARLAN. I will say to my colleague
ing the motion before the result was announced. that I conversed with the Senator from Maine, to
I should have voted "ay;" that is all. whom he refers, at the close of the last session, and
The PRESIDENT pro tempore. It might have at that time he was prepared to vote for the bill,
been possible that the Chair did not hear the
MARY SCALES ACCARDI.
Mr. FOSTER. There are on the Calendar a lest since then he may have discovered something | few private bills, mostly House bills, reported that needs amendment, I will conform to the sug from the Committee on Pensions. They are not gestion of my colleague, and move that the bill of great public importance, but they are of very be postponed until to-morrow.
much importance to the individuals interested, The motion was agreed to.
and if they can be passed before the holidays, DISQUALIFICATION OF COLOR.
they will make a good many hearts glad. I hope On motion of Mr. SUMNER, the Senate, as in
the Senate will indulge me in calling them up. I Committee of the Whole, resumed the considera
move that the Senate proceed to the consideration tion of the bill (S. No. 62) to temove all disquali- || Scales Accardi.
of House bill No. 394, for the relief of Mary fication of color in carrying the mails, the pending
The motion was agreed to; and the Senate, as question being on the amendment submitted by Mr. Powell to the amendment reported from the
in Committee of the Whole, proceeded to consider Committee on Post Offices and Post Roads, after
the bill, which directs the Secretary of the Intethe words “United States "to insert the words,
rior to place the name of Mary Scales Accardi,
the widow of Salvador Accardi, upon the roll of "in all cases for robbing or violating the mails of the United States ;” so that the amendment of paid a pension, at the rate of six dollars per
widows of invalid pensioners, and that she be the committee will read: Sec. 2. And be it further enacted, That in the courts of
month, commencing with the date of the decease
of her husband.
The Committee on Pensions reported the bill any witness on account of color.
with an amendment to strike out the words " with Mr. SUMNER. I propose that the amend the date of the decease of her husband,"and to inment of the Committee be non-concurred in, as a sert“July 1, 1862.” bill on that subject has already been passed.
The amendment was agreed to. The PRESIDENT pro lempore. The first ques The bill was reported to the Senate as amended, tion is on the amendment to ihe amendment. and amendment was concurred in and ordered
Mr. HENDRICKS. I wish to suggest to the to be engrossed, and the bill to be read a third Senator that a proposition of that sort became a time. It was read the third time, and passed. law at the last session, I think.
On motion of Mr. FOSTER, the Senate, as in amendment of the committee is now the law of Committee of the Whole, proceeded to consider the land, and therefore I propose that the Senate
the bill (H. R. No.542) to grant a pension of eight non-concur in the amendment and pass the bill.
dollars per month to Harris Welch. The bill proTheamendment to theamendment was agreed to.
vides that Harris Welch, of Charlestown, MasThe amendment as amended was rejected. sachusetts, a sergeant of company B, in a New Mr. POWELL. I should like to have the bill
York regiment of volunteers known as the Leslie rend as it stands.
Guards, shall be entitled to a pension of eight dolThe Secretary read it, as follows:
lars per month, lo commence from the 1st day of Be it enacted, &c., That from and after the passage of
October, 1861, and to be continued and paid to him
The motion was agreed to.
EMILY A. LYON,
On motion of Mr. FOSTER, the Senate, as in Mr. POWELL. I ask for the yeas and nays Committee of the Whole, proceeded to consider on the passage of the bill.
the bill (H. R. No. 390) for the relief of Emily The yeas and nays were ordered; and being
A. Lyon, which had been reported from the Com-
in the following words:
authorized and directed to place the name of Einily A. NAYS-Messrs. Davis, Powell, Richardson, Riddle, and Lyon, widow of Alfred M. Lyon, late a sutler in the twinWright--5.
ty third lowa regiment of infantry, and who died in the