have got very low when they can do that. However, that is a passing remark. What does he say?

"In my correspondence with Lincoln, continued Mr. Davis, that functionary has always spoken of the United States and the confederate States as one country; but in my replies I have never failed to refer to them as separate and distinct Governments. Sooner than that we should be united again, I would be willing to yield up everything I bave on earth; and if it were possible, I would yield up iny life a thousand times rather than succumb."

And upon the conclusion of the speech, the following resolutions, among others, were passed in the presence of the rebel commissioners:

"Resolved, That we spurn with indignation the grossly insulting terms which the President of the United States has proffered to the people of the confederate States.

"Resolved, That the terms in which and the circumstances under which it was made, stamp the proffer as a designed and premeditated outrage upon and indignity to our people.

"Resolved, That in this presence "—

That is in the presence of the rebel president and commissioners

"and in the face of the world, invoking thereto the aid of Almighty God, we renew our resolve to maintain our liberties and achieve our independence, and to this end we mutually pledge our lives, our fortunes, and our sacred honors."

And yet a man calling himself a patriot and an American rises upon this floor and sends forth to the country a denunciation of the President of the United States for not entering into negotiations with men holding these doctrines and entertaining these views as the only ones upon which they would negotiate. Sir, the simple statement of the proposition is all that the American people will require to stamp with proper condemnation the man who denounces the President of the United States for the course which he has taken. I will apply no epithets to such a man; I do not know that I could use any which would be sufficiently merited.

Dissolution of the Union being the only condition of the negotiation for peace, the gentleman from New York condemns the President of the United States for not granting an armistice to these traitors. What is an armistice? It is a withdrawal of your armies; it is a cessation of hostilities; it is to enable the traitors whom we are seeking to crush to prepare for renewed hostilities. What would an armistice imply? It would be an admission that in the terms proposed by the rebels there was something that we could accept. If the President had consented to an armistice, thus acknowledging that upon that basis peace might come, he would have deserved to be impeached by this House and convicted by the

Senate.

Now, sir, the gentleman says that this war can never end except by the desolation of the South? Whose fault is that, sir? Whose fault is it if these people, instead of laying down their arms and submitting to the law, are determined to resist to the last man and the last dollar? If we should lay waste their country and bring the peace which reigned in Warsaw, it would be but a just retribution for their hellish rebellion; it would be but a just retribution for the entertainment of sentiments such as the gentleman from New York has uttered.

Sir, the President of the United States, in my judgment, ought to do nothing more than he did some time ago: say to the rebels, "Peace is within your reach whenever you cease hostilities; peace is for you to declare, and not for us." We are no suppliants to rebels who have cost our country millions of dollars and shed the best blood of hundreds of thousands of our citizens. What dastard is there who would ask us, under these circumstances, to sue for peace on the basis which the rebels propose, or to lay down our arms for a single moment until they either submit or are exterminated? Sir, I do not hesitate to say that, in my judgment, one or the other of these alternatives must come. That the rebels can maintain themselves for any great length of time, I do not believe. That peace will come as early as some of our sanguine friends have hoped, I do not believe. I have believed from the first that men who for thirty years had concocted without the least cause the vastest and the foylest rebellion that was ever known in any country had made up their minds to take the consequences to the bitter end. I believe that in that vast country, although our superiority in arms must be acknowledged, it is very hard to produce immediate

results. Several years ago I did not hesitate to predict that scarcely five years would see the end of this rebellion, and I do not now believe that it will finally be terminated within the period of six or twelve months. I believe that the main armies of the rebellion will be crushed in the ensuing season, unless we agree to the terms advocated by the gentleman from New York, and withdraw our armies from the circle which is now closing in upon the heart and body of the rebellion. I believe we shall speedily crush all the great armies of the rebellion. Still I look for guerrilla warfare for a year or two; but that will be of comparatively little importance.

But the gentleman denounces the idea that we are to dictate terms to these people. Now, sir, was any great war ever ended by force of arms when the conquerors did not dictate terms to the conquered country, imposing upon it, in whole or in part, their own laws? But I understand the gentleman to object to other portions of the President's message. It was, if they come back, they must take the condition of things as they find them. The constitutional amendment, if finally adopted by three fourths of the loyal States, as I have no doubt it will be, will prohibit forever the admission of any State into the Union with slavery in its constitution. If they come back they come back to a free country. That touches the sensibilities of the gentleman from New York, [Mr. BROOKS.] The time will come when this nation will suffer no compromise, no attempt to reestablish slavery in the slave States, no matter by whom. Does the gentleman, I ask, wish to reestablish slavery where it has been abolished or is about being abolished by the people? Is that the kind of doctrine which a Representative utters in the American Congress? Is that to be heard in this century, when almost the universal world is crying for general emancipation? When it is proposed to put the black man back into slavery, chains, and bondage, is the President to be condemned because he does not reëcho that sentiment?

Mr. Speaker, when I rose I did not intend to say so much, as I wish to get to the business of the country; but I desired to put before the country the distinct propositions of the two nations, as they are called in the rebel correspondence. I want it to go out that Jefferson Davis has stated that he will sacrifice everything upon earth, and that he will die a thousand times over rather than negotiate upon any other terms than independence of the southern States. That is the proposition which they make, and the one which Abraham Lincoln has rejected. All I ask is that this shall be placed distinctly before the American people. Mr. MALLORY. Will the gentleman allow me?

Mr. STEVENS. Yes, sir.

Mr. MALLORY. Mr. Speaker, I think that I heard very distinctly the message of the President when it was read by the Clerk this morning, and I hope, for the sake of history, that the gentleman will not repeat the declaration that these commissioners from Richmond insisted upon southern independence as a basis of negotiations. The President says that that was not insisted upon, and the gentleman from Pennsylvania gets his information from a stump speech, or some sort of speech, made by Jefferson Davis, in Richmond. There is nothing to show that it is authentic. It may have been misprinted. He may have made no such speech as that. I hope the gentleman from Pennsylvania will confine himself to the message delivered to us by Mr. Lincoln.

Mr. STEVENS. I take both; the one introduced by the gentleman from New York [Mr. BROOKS] from the rebels, and the one introduced in the message of the President. They both show conclusively that they refused to negotiate upon any other terms than the independence of the South.

Mr. MALLORY. The speech which the gentleman from Pennsylvania cites may say that southern independence was insisted upon, but the message of the President declares that no such thing was insisted upon. Now which authority is the gentleman determined to rely upon?

Mr. STEVENS. I did not so understand Mr. Lincoln.

Mr. MALLORY. Then you misunderstood him.

Mr. STEVENS. He said that they had no authority to negotiate upon any other terms than southern independence.

Mr. MALLORY. Let that part of the message be read, in order that the House may see the force of the argument which the gentleman has been making. The declaration of the President is, as compared with the telegraphic correspondence, like the small piece of bread to the vast deal of sack in Falstaff's bill. I call for the reading of that part of the President's message. I want it to go forth with the gentleman's speech.

Mr. STEVENS. It goes right along with it. [Laughter.]

Mr. MALLORY. I should like to have it in the gentleman's speech.

Mr. STEVENS. Both the report of the rebel commissioners and the report of the President of the United States go upon the ground that they would consent to no agreement except upon the concession of their independence. The President of the United States offered to treat distinctly upon the terms of his letter, and they refused to treat upon those terms. The President does not repeat them, but he refers to the letter he wrote to Mr. Blair, which contained the proposition. They refused to treat upon those terms, and thence those who censure the President now for not treating, censure him because he could not agree to severing this Union; and although he offered to pardon many of them and deal liberally with them, they did not ask that, but scorned it. They go upon the ground that they are a nation at war with us, and nothing but the sword can end it. Now, it seems to me that that brings us simply to the point whether we are for disunion or not. I know that the President claims that they must take the Constitution as we have amended it. I understand the gentleman from New York desires that the rebels shall come back under the Constitution as it was, and not the Constitution as it is now made by us. That might suit him very well, because by the aid of the rebels here, and the Representatives of some portions of New York and the West, they would have it all again their own way. That would be the rebel congress transferred to this Hall.

But, sir, I did not suppose I should say so much; and I call the previous question upon the motion to print.

Mr. COX. I ask my friend to yield to me. Mr. STEVENS. I must insist upon it, there having been a large speech on the one side, and a very small one upon the other.

Mr. COX. I will not consume more than five minutes, if the gentleman will allow me.

Mr. STEVENS. We must go to work. I had intended to say something more. I intended to answer the charge against Pennsylvania, when, really, that rebellion was nothing but that kind of whisky insurrection which our friend from Illinois [Mr. WASHBURNE] introduced here last night.

Mr. COX. Does the gentleman from Pennsylvania decline to yield to me five minutes? I have granted him more grace than that often.

Mr. STEVENS. I thought the gentleman wanted me to surrender the floor for the purpose of a speech. I will give the gentleman five minutes of my time.

Mr. COX. I would not now detain the House, but for the fact that in some sense the resolution which I offered a few days ago was intended to support the Administration in the policy of peace. I was the more anxious to do this, inasmuch as gentlemen upon the other side were in opposition to their own Administration on this policy. If possible, I would strengthen the arm of the Administration for peace, as I have voted to strengthen it for war to sustain the Government. Gentlemen on this side of the House generously gave it their support in its endeavors to seize the results of war and victory, and thus bring an end to this devastating conflict. The gentleman from Pennsylvania [Mr. STEVENS] and others, upon that side, were opposed (as he has said to-day) to making any inquiry into the disposition of the armed insurgents. They denounced, not the terms or conditions which might be tendered in advance of effort, but the effort itself. They were exasperated at the attempt to ascertain whether peace was possible without sacrificing the Union and its integrity. In other words, they were unwilling to close the war, even by the accomplishment of its object. They want war for bloody

and revengeful purposes. Their resentments and hates must be gratified. I prefer to gratify the patriotic object of all our sacrifices, and, if it can be done, to restore peace with its blessings of Union and good-will. Gentlemen affect to believe that the negotiations, whose record has been read, have utterly failed. They please their own minds now with the efforts, since the effort has seemed to them fruitless of results.

But, sir, I am glad that this attempt at negotiation was made, for this reason: if the message be properly studied and the correspondence be read between the lines, it will appear to every one who looks at the matter with careful criticism and dispassionate statesmanship that this negotiation will not end now and here, but if it be followed up in a patriotic spirit may end in a restoration of peace and reunion. In the five minutes allotted to me I can barely hint at my reasons for this conclusion. My hope for peace was great, and my desire greater. The House knows the deep interest I have taken in this movement. This interest may give a bias to my judgment. But I will submit to them the reasons which have impressed me upon the mere reading of the message.

I am sorry that the gentleman from Pennsylvania should have given the emphasis of his great name great in the country, greater in his party -to propagate the idea that the southern commissioners stood inflexibly on their independence. This is a mischievous torture of the correspondence. I appeal from the inferences of the gentleman [Mr. STEVENS] and from the speech of Jefferson Davis made after this seeming failure to a popular assembly, to the message of Mr. Lincoln, and the facts therein stated.

In the letter from City Point of February 2, 1865, the southern commissioners state their willingness" to proceed to Fortress Monroe and there to have an informal conference with any person or persons that President Lincoln may appoint on the basis of his letter to Francis P. Blair, of the 18th of January ultimo, or upon any other terms or conditions that he may hereafter propose, not inconsistent with the principles of self-government and popular rights, on which our institutions are founded. It is our wish to ascertain, after a free interchange of ideas and information, upon what principles and terms, if any, a just and honorable peace can be established without the further effusion of blood, and to contribute our utmost efforts to accomplish such a result."

What was the letter of President Lincoln to Mr. Blair of the 18th? Its very language, familiar to me before read here, was, peace to the people

66

Union. If we fail or have failed to treat upon that basis, the fault, I will not say the crime, of failure will lie at the door, if not of the President, of the radicals whose incessant pressure is always at his back. I wish, sir, that the House were possessed of what took place at the concluding interview. All we know is, that the commissioners "desired a postponement" of the question of reunion for a time, and "the adoption of some other course first." This the President regarded as an indefinite postponement. What that other course was we are only left to conjecture. Perhaps it had reference to a union of our armies for a common object-perhaps in Mexico. Whatever it was, there is nothing but the inference of the President that it might have been inconclusive; or, that it might have resulted in an armistice, which the President regarded as an indefinite postponement of the question of reunion. But, whatever it may have been, it is clear that by recommending another "course first," the commissioners did regard peace and Union as feasible at last.

The gentleman from Pennsylvania, in answer to the gentleman from New York, [Mr. BROOKS,] denounced an armistice. He thought it ought not to be agreed to at this time. I have never thought an armistice indispensable to negotiation; neither is an armistice what it is here defined. It does not mean a withdrawal of force, only its suspension. But, sir, we can let the war go on and still talk of and act for peace. A treaty may be in progress up to the very moment of the end of hostilities; it may be celebrated by the firing of hostile cannon; or, as at New Orleans, in the late war, hostilities may continue after a treaty is signed, in ignorance of its signing. But, sir, I cannot, in the short time allotted, speak on that subject. I only wished for five minutes to speak upon this question, because I stand here as a Representative, as I believe from the vote taken the other day upon my resolution, of the loyal and patriotic sentiment of the people of the country, whose hearts are yearning toward peace and union, and who want to escape taxation and bloodshed and drafting, and to see the old political relations between the States, if it be possible, and as nearly as may be, restored to the whole country. They believe in superadding to the force of the Army and Navy that higher, nobler, and benign Christian element of conciliation toward which the President is approximating, even if it has not been fully tried and exhausted. I do not see, as some of my friends around me do, any discouragement in the negotiations, so far as they have advanced. I would not represent my district or State, cer

sponse to the language of Mr. Davis, which was peace to the two countries. It was used by Mr. Lincoln, and as appears by the indorsement of Mr. Lincoln of January 28, understood by Mr. Davis to have direct reference to the language of the latter as to the "two countries." Hence when the commissioners agreed to meet it was a recession from the point of Mr. Davis as to "two countries," and an agreement to treat for peace to the people of "one common country." All through the correspondence nothing appears to the contrary. Mr. Lincoln says they omitted to declare that they never would consent to reunion. General Grant himself says in his cipher telegram of February 1, and I call the attention of gentlemen to the striking and conclusive significance of his language:

"I am convinced, upon conversation with Messrs. Stephens and Hunter, that their intentions are good and their desire sincere to restore peace and union. I have not felt myself at liberty to express even views of my own, or to account for my reticency. This has placed me in an awkward position. I fear now their going back without any expression from any one in authority will have a bad influence."

Why will it have a bad influence? Why would it hurt our cause if they should return willing for peace and union, and no attempt made to secure such results by negotiation? With such an expression from the Lieutenant General before me, I say, Mr. Speaker, that the thanks of this Congress and the thanks of the country are due to President Lincoln for this effort to negotiate, which has drawn out this significant and hopeful explanation from a majority of these commissioners.

In the entire correspondence, and in the conversation which ended the conference, there is not a word, not a syllable, which does not look to the treatment of peace upon this patriotic basis of

effort of the proper authorities to end the war and save the nation.

At the outset of these negotiations the President made three propositions: first, to restore peace on the basis of the restoration of the national authority. We would all agree to that. No man, no Democrat, no Republican, will contravene that as an indispensable condition. Secondly, he says that there will be no receding from his position on the slavery question as developed in his message and documents. I can draw, sir, any proposition on any side of the negro question from these messages and documents. From them may be drawn either the principles of constitutional regard for the local government of the States over slavery, as enunciated in his first message, or the principles of gradual emancipation, or of compensation, or of total abolition. If the President desires to settle the conflict by a resort to his messages, he can in a diplomatic way find the material in his letters or messages. This condition I do not choose to regard as insuperable. In the third place, he says that there shall be no cessation of hostilities short of the end of the war. Very well; then we can still go on and treat for peace. Hostilities may go on without armistice, and negotiations may go on at the same time. There is no reason, therefore-and I choose to give the most charitable interpretation to these negotiations-why the people of this country may not hope for a restoration of peace and the reunion of the States if the President is not broken down in his laudable efforts by the fierce onslaughts of his radical adherents. God help him to do all, and do it courageously, to save our land from its terrible woes, while something worth having of material wealth, social order, and political virtue; remains to be saved.

Mr. STEVENS. I now move the previous question.

The previous question was seconded, and the main question ordered.

The motion of Mr. WASHBURNE, of Illinois, for the printing of extra copies was referred, under the law, to the Committee on Printing.

Mr. STEVENS moved to reconsider the vote by which the President's message was laid on the table, and ordered to be printed; and also moved to lay the motion to reconsider on the table. The latter motion was agreed to.

MESSAGE FROM THE SENATE.

A message from the Senate, by Mr. HICKEY, its Chief Clerk, informed the House that the Senate insisted upon its amendments to the bill of the House making appropriations to supply deficiencies in the appropriations for the fiscal year ending June 30, 1865, in which the House had non-concurred.

PROCEEDINGS UNDER THE CALL.

The SPEAKER. The question now comes up in reference to absent members, which was postponed until the President's message was disposed of.

Mr. MALLORY. I move to dispense with all further proceedings in the privileged case now before the House, and to remove the case from the docket. I think we have enough to do without this matter, and that we had better go on with the consideration of the tax bill or some other measure of importance.

The SPEAKER. The Chair will state that, after the resolution was adopted under which the Sergeant-at-Arms is about to execute the order of the House, all further proceedings under the call were dispensed with. A quorum being present, the resolution was adopted, and then all further proceedings under the call were dispensed with. The House resolved itself into the Committee of the Whole on the state of the Union and proceeded with the tax bill, and afterward rose and reported. The only way of disposing of the matter, that the Chair sees, is to take up the cases individually, or lay the whole subject on the table.

Mr. MALLORY. Then I move to lay the whole subject on the table.

Mr. UPSON. I rise to a question of order. I ask whether the gentleman from Kentucky [Mr. MALLORY] is not included in the list of delinquents, and whether he is entitled to make any motion?

The SPEAKER. The Chair sustains the point of order.

Mr. MALLORY. I suppose I have the same right as in an ordinary court of justice.

The SPEAKER. The Chair will state that his predecessors have decided that a gentleman under arrest has no right to make a motion or a speech, except in reference to the question.

Mr. BLAINE. I move to lay the whole subject on the table.

Mr. BALDWIN, of Massachusetts. Is not the gentleman from Maine in the same category? The SPEAKER. He is not.

The question being on Mr. BLAINE's motionThe SPEAKER said: The Chair will state that he cannot count the vote of any member included in the order of arrest, and now at the bar of the House technically, although he may happen to be in his seat.

Mr. MORRIS, of Ohio. Mr. Speaker, is there any way of disposing of this matter, except by rescinding the resolution?

The SPEAKER. It comes up as a resolution adopted by the House; and the only way to dispose of it is to hear the excuses of the absentees individually, or to lay the resolution on the table. Mr. MORRIS, of Ohio. I move to reconsider the vote by which the resolution was adopted. The SPEAKER. That was done, and the motion to reconsider was laid on the table.

Mr. ASHLEY. I understand the Chair to have decided that gentlemen who were absent without leave are not entitled to vote.

The SPEAKER. The names of over fifty gentlemen are included in this list; and neither of those gentlemen is entitled to vote until he is excused by the House.

Mr. ASHLEY. I ask that the Clerk be directed to read the names, so that we may know who are entitled to vote.

The SPEAKER. The Clerk will read the names of the gentlemen under arrest.

The Clerk read the list.

The question was taken on Mr. BLAINE's motion, and it was not agreed to-there being, on a division-ayes 9, noes 88.

So the House refused to lay the whole subject on the table.

The SPEAKER. The Sergeant-at-Arms will now present the gentlemen in his custody at the bar of the House.

The members named in the list appeared in the area in front of the Speaker's chair, in custody of the Sergeant-at-Arms.

Mr. L. MYERS. Mr. Speaker, I inquire why it is that the name of the gentleman from Illinois [Mr. WASHBURNE] does not appear in the list. Mr. WASHBURNE, of Illinois. I will inform the gentleman from Pennsylvania that I did not happen to be absent.

The SPEAKER. The Chair will state that it appears by the Journal that the gentleman from Illinois answered on the second roll-call last evening.

Mr. STEVENS. Mr. Speaker, was there not a call afterward, when the House found itself reduced below a quorum?

The SPEAKER. There were two calls last evening. All further proceedings were dispensed with under the first call of the House, when nineAfter ty-two members appeared in their seats.

that call there was an attempt to go into the Committee of the Whole on the state of the Union, on which motion no quorum voted. Another call was ordered, and it appears by the record that on that call the gentleman from Illinois responded. Mr. STEVENS. Somebody must have answered for him.

Mr. L. MYERS. The gentleman from Illinois had disappeared from the Hall.

Mr. WASHBURNE, of Illinois. The gentleman from Pennsylvania is mistaken; and he has no right to make the assertion. I was here, and I did answer to my name.

Mr. L. MYERS. I make it, notwithstanding. Mr. WASHBURNE, of Illinois. I understand the gentleman to say that he makes the assertion, nevertheless.

Mr. L. MYERS. I would ask the gentleman if he answered to his name upon the second call. Mr. WASHBURNE, of Illinois. I have already stated that I did answer to my name, and the gentleman is bound to believe it."

Mr. L. MYERS. If the gentleman states that here as a fact, of course I am bound to believe it. Mr. WASHBURNE, of Ilinois. I have stated it once, and no gentleman has a right to question it. Mr. L. MYERS. My recollection is different; but of course I must believe the statement of the gentleman.

The SERGEANT-AT-ARMS then appeared at the bar of the House and said: Mr. Speaker, in obedience to the order of this House, and of your warrant to me directed, I have, with as little delay as possible with the means at my command, notified and caused to appear at the bar of this House the following-named members:

James C. Allen, John B. Alley, Lucien Anderson, Isaac N. Arnold, James M. Ashley, Joseph Baily, Jacob B. Blair, George Bliss, Henry T. Blow, James Brooks, William G. Brown, John W. Chanler, Freeman Clarke, Brutus J. Clay, Cornelius Cole, Henry L. Dawes, John L. Dawson, Join F. Farnsworth, Jolm Ganson, Aaron Harding, Benjamin G. Harris, Wells A. Hutchins, Austin A. King, Francis C. Le Blond, Robert Mallory, William II. Miller, Warren P. Noble, Godlove S. Orth, Nehemiah Perry, William H. Randall, Andrew J. Rogers, James S. Rollins, Robert C. Schenck, John G. Scott, Rufus P. Spalding, William G. Steele, L. D. M. Sweat, Robert B. Van Valkenburgh, and Edwin H. Webster.

The SPEAKER. The Clerk will read the resolution of the House under which it is now acting:

The Clerk read, as follows.

"Resolved, That the Sergeant-at-Arms be directed to bring the members now absent without leave before the bar of the House at one o'clock, p. m., to-morrow, February 10, 1865, or as soon thereafter as possible; and that they then be required to show cause why they shall not be declared in contempt of the House, and abide the order of the House."

The SPEAKER. Gentlemen, you have all been brought to the bar of the House by order of the House, for absence from its session without its leave, in order that you may be required to show why you should not be declared in contempt of the House, and why you should not

abide the order of the House. Your names will be called in order.

JAMES C. ALLEN.

The SPEAKER. Mr. ALLEN, you have been absent from the session of this House without its leave. What excuse have you to render for your absence?

late hours. [Laughter.] During the recess last evening

Mr. GARFIELD. I call the gentleman to order. I submit that his remarks are, by inference, disrespectful to the House.

The SPEAKER. The gentleman has not proceeded far enough to enable the Chair to decide that point. The gentleman has not yet said anything out of order.

Mr. GARFIELD. I certainly thought so. If the gentlemen did not intend that, I withdraw the point of order.

room.

At a late hour of the morning I returned to my I found a bundle of mail matter lying upon my table when I entered my room. But it was so late that I did not undertake to read my letters before retiring. I retired and slept; slept very soundly indeed. I came to the House this morning, and very shortly after making my appearance in the Hall I was arrested by the Sergeant-at-Arms. I did not learn until after I had breakfasted this morning that there had been any call of the House last night.

Mr. WADSWORTH. I would inquire whether the hour rule applies to these proceedings. [Laughter.]

The SPEAKER. The Chair would state that by the decision of Speaker Winthrop, made many years ago, the hour rule docs apply.

Mr. JOHNSON, of Pennsylvania. I rise to a question of order. Even though the hour rule does apply, a member must confine himself to a statement of the causes of his detention-the things which operated to detain him. How he felt and how he slept have nothing to do with the cause of his detention.

The SPEAKER. The Chair sustains the point of order.

Mr. J. C. ALLEN. I may be a little too obtuse, sir, to understand exactly what would be a good excuse for my absence from this House. I was endeavoring to state the reasons why I had not been here. They may not be satisfactory to my friend from Pennsylvania; I cannot tell how that may be.

I was not aware, sir, that there was a call of the House. I had been advised by those who were presumed to know the order of business, that no legislative business would be transacted last evening. It may be that I ought not to have relied upon what was thus stated to me. I should have been here had I anticipated that my colleague [Mr. WASHBURNE] would revive the "whisky insurrection," as I understand he did; for on that question, according to my information, arose the call of the House. I am very sorry to hear, however, that, on being defeated, he retired in great disorder from the Hall.

I have said all that I propose to say in exculpation of myself, except that I desire to add that I did not purposely commit a contempt against the House by absenting myself.

Mr. BROOMALL. I move that the gentleman be excused upon the payment of the usual fees. The motion was agreed to.

JOHN B. ALLEY.

The SPEAKER. Mr. ALLEY, you have been absent from the session of this House without its leave. What excuse have you to render to the House for your absence?

Mr. ALLEY. Mr. Speaker, the Postmaster General sent a written request to the Committees on the Post Office and Post Roads of both Houses of Congress to meet at his house last evening to consult upon matters connected with his Department. In compliance with that invitation Fattended that meeting with the other members of the committee.

Mr. Speaker, I deem that a sufficient excuse; but I have another which I think is perhaps even stronger. Before I left home I promised my good wife that I would not keep any bad company or

Mr. ALLEY. Not at all; I referred to the House in speaking of late hours.

The SPEAKER. The Chair so understood it. Mr. THAYER. I desire to ask the gentleman whether he had any refreshments at the Postmaster General's.

Mr. ALLEY. I believe it is one of the rules of this House, Mr. Speaker, that anything that transpires in committee shall not be divulged. (Laughter.]

Mr. STEVENS. I desire to ask the gentleman whether the members of the Post Office Committee met at the Postmaster General's on business, or whether the meeting was a convivial party.

Mr. ALLEY. We met there on business, of

course.

During last evening I received a letter from home stating that my good lady was on her way here to look after me, and would probably be here to-morrow. Now, Mr. Speaker, I submit to you and to the honorable House, how I could answer to the promise I gave if I had been here last evening and staid till three o'clock this morning. [Laughter.] That is my excuse.

Mr. BROOMALL. I move that the gentleman be excused on the payment of the usual fees.

Mr. O'NEILL, of Ohio. I move that he be excused unconditionally.

Mr. STEVENS. Has the Committee on the Post Office and Post Roads leave to sit during the sessions of the House?

The SPEAKER. It has not.

Mr. STEVENS. Then the gentleman had no business to be absent.

Mr. O'NEILL's motion was rejected.

Mr. PRUYN. I move, if it be in order, to amend the motion of the gentleman from Pennsylvania, by providing that all of those who are under arrest, except the members who were present at the first call and left before the second call, be excused on the payment of the usual fees. I think that we have spent enough of the time of the country on this, and at this stage of the session I think we had better get to business.

The SPEAKER. Each member has the right to have a decision on his own case.

Mr. PRUYN. I think there will be no objec tion to excusing all except those who were present upon the first call and absent on the second call.

The SPEAKER. Let the gentleman name the members he wants excepted.

Mr. PRUYN. I cannot do it; but I suppose the Clerk has their names.

The SPEAKER. The Clerk cannot do it; the Chair therefore cannot entertain the motion. Mr. BROOMALL's motion was agreed to. Mr. RADFORD. Is a motion in order? The SPEAKER. A motion is in order to lay on the table.

Mr. RADFORD. I propose that as many gentlemen as choose to pay the usual fees be discharged.

The SPEAKER. The Chair thinks that that motion would not deprive any member of his right to be heard. If adopted the members can avail themselves of it or not as they choose. Mr. RADFORD. That is my motion. The motion was disagreed to. LUCIEN ANDERSON.

The SPEAKER. Mr. ANDERSON, you have been absent from the session of the House without its leave. What excuse have you to offer?

Mr. ANDERSON. Mr. Speaker, last night a gentleman from Kentucky, with whom I am well acquainted, having some important business

THIRTY-EIGHTH CONGRESS, 2D SESSION.

to transact, came to my room and remained till half past ten o'clock; and when he left I went to bed. I was notified about three o'clock this morning, and was on my way to the House when I was told that it had adjourned.

Mr. BROOMALL. I move that the gentleman be excused, on the payment of the usual fees. The motion was agreed to.

ISAAC N. ARNOLD.

The SPEAKER. Mr. ARNOLD, having absented yourself from the sitting of the House without its leave, what excuse have you to offer?

Mr. ARNOLD. Mr. Speaker, I regard the passage of the Illinois and Michigan ship-canal bill as of the greatest possible importance to my constituents. That bill is now pending before the Committee on Military Affairs of the Senate. Learning that nothing was to be done in the House except making general speeches on the tax bill, I believed that by conference with members of that committee I could do more service to my constituents than by being here, and I was accordingly in the company of members of that committee during the evening. I was absent, subserving the interests of my constituents.

Mr. WILSON. Was the gentleman notified before the adjournment last night that his presence was needed?

Mr. ARNOLD. I was not.

Mr. GARFIELD. I move that the gentleman be excused on the payment of the usual fees. The motion was agreed to.

JAMES M. ASHLEY.

The SPEAKER. Mr. ASHLEY, you have been absent from the House without its leave. What excuse have you to offer?

Mr. ASHLEY. Mr. Speaker, understanding there was to be speech making and no business transacted last night, I concluded to remain at home, being somewhat fatigued, and put myself upon low diet. After reading and answering my letters I turned to Dombey and Son, and read some of the extraordinary incidents in that remarkable book. I was unconscious that the Sergeant-at-Arms was out after members. I have no other excuse.

Mr. RADFORD. I move the gentleman be

excused, upon the payment of the usual fees.

Mr. WILSON. Idesire to ask the gentleman one question, and that is, whether he was notified by the Sergeant-at-Arms or any one authorized by him that his presence was needed here?

Mr. ASHLEY. I desire to ask my friend from Iowa why he asks me that question.

Mr. WILSON. If the notice was received by the gentleman from Ohio, or by any other gentleman now at the bar of the House, that his presence was desired in the House, I am in favor of adding to the usual fees a fine for not attending in accordance to notice.

Mr. ASHLEY. Then the gentleman wants me to criminate myself. [Laughter.]

Mr. WILSON. I would like an answer. Mr. ASHLEY. Well, I was notified and knew nothing about the matter until this morning. The motion to excuse was agreed to. JOSEPH BAILY.

The SPEAKER. Mr. BAILY, you have been absent from the sittings of the House without its leave. What excuse have you to render for your absence?

Mr. BAILY. When I left the Hall yesterday afternoon I supposed the evening session was to be devoted to general debate exclusively. I was not well, and remained in my room all the evening. I had no notice that my presence was needed in the House, or I should have been here.

Mr. GARFIELD. In consideration of what the gentleman says in reference to his health, I move that he be unconditionally excused.

Mr. STEELE, of New York. I move to amend the motion by striking out the word "unconditionally," and adding "upon payment of the usual fees."

The amendment was agreed to.

The motion, as amended, was agreed to.

MONDAY, FEBRUARY 13, 1865.

JACOB B. BLAIR.

The SPEAKER. Mr. BLAIR, you have absented yourself from the sitting of the House without its leave. What excuse have you to render for your absence?

Mr. BLAIR rose in his seat to speak.

Mr. THAYER. I rise to a question of order. The gentleman must come forward to the bar of the House.

Mr. BLAIR, (stepping forward to the bar of the House.) I rose in my seat for the purpose of being heard, as I want gentlemen to hear my excuse. I was about to observe that most of the members of this House probably know that I have been seriously indisposed in one of my limbs for several weeks, so much so that I have been almost unable to get to the House in the day time. I am in the habit of retiring to my virtuous couch about the time I think all sober and honest men should go to rest. Last evening, at my usual hour, I retired. About half past one o'clock I heard an unusual noise at my door. I got up, went to the door, placed my hand upon the key and was about to turn it, when the thought struck me that possibly some one was there who wished to rob me of that which would not enrich him, but make me poor indeed. I retired again in good order to my bed. A second thought occurred to me that as there was great excitement through out the country in reference to the question of oil, and particularly the stock of the Blair Oil Company, some one might be there wanting to purchase the few shares that are left. I went to the door and opened it, but instead of finding a purchaser, I found the Sergeant-at-Arms. He told me my presence was required at the House. Just then my foot, which had caused me a great deal of trouble, but which I thought was almost well, commenced hurting me most dreadfully. I appealed to the Sergeant-at-Arms, extending my lame limb toward him, and asked him if he thought I should go out at the dead hour of the night, cold as it was, in that condition. He remarked at once that he thought he would report me as being too unwell to visit the House. I assured him from the bottom of my heart of my most distin

guished consideration, and retired again to my bed. I remained there until morning, and when I reached the Hall at twelve o'clock I was informed that I was under arrest. This is the only excuse I have.

Mr. GARFIELD. I move that the gentleman be excused on paying a fine of ten dollars and the usual fees.

Mr. STEELE, of New York. I move to amend

by striking out the ten dollars. The gentleman

was lame and could not walk up here, and there was no provision made for bringing him.

Mr. WADSWORTH. I move that he be excused unconditionally.

Mr. STEELE, of New York. I accept that in the place of my amendment.

Mr. WADSWORTH's motion was not agreed to. Mr. GARFIED's motion was agreed to. GEORGE BLISS.

The SPEAKER. Mr. BLISS, you have been absent from the session of the House without leave. What excuse have you to offer for your absence?

Mr. BLISS. I have but a few words of excuse to offer, and there will be no wit contained in them. I left the House at an advanced hour yesterday afternoon without any intelligence that there was to be an evening session. I supposed that the business of the day was substantially accomplished. The Sergeant-at-Arms is guilty of treating me with neglect last night, for I got notice neither from him nor any other functionary or source of information that the House was in session. Had I known it I should have been here. I was in perfect health, and have no excuse except, perhaps, such negligence as may be imputed to me for not knowing that the House would be in session. The legal and legitimate consequences I am ready to respond to.

Mr. HOLMAN. I move that the gentleman be discharged unconditionally.

NEW SERIES.....No. 47.

Mr. BROOMALL. I move to amend that motion by adding thereto the words "on payment of the usual fees."

Mr. HOLMAN. I desire to be heard for a moment on that point.

The SPEAKER. Debate is not in order. Mr. BROOMALL's amendment was agreed to.

Mr. HOLMAN's motion, as amended, was then agreed to, and Mr. BLISS was excused on payment of the usual fees.

HENRY T. BLOW.⚫

The SPEAKER. Mr. Blow, you have been absent from the session of this House without leave. What excuse have you to offer for your absence?

Mr. BLOW. Mr. Speaker, about a week ago, not anticipating a night session, I accepted an invitation for last evening to a delightful dinner party, as it proved. I did not feel at liberty, under the circumstances, to withdraw the answer I had given to the polite gentleman who had invited me to his house. I remained there until half past eleven o'clock last night, and then proceeded to assist my friend from Illinois [Mr. ARNOLD] in his efforts to secure legislation in reference to the Illinois ship-canal. I saw the Sergeant-at-Arms at a distance at one of the places where I was, and on my way to the Capitol I was made prisoner at the National Hotel-not, however, by the Sergeant-at-Arms. That is all I have to say.

Mr. ROLLINS, of New Hampshire. I move that the gentleman be excused on payment of the usual fees.

Mr. JOHNSON, of Pennsylvania. I desire to inquire of the gentleman if he was notified by the Sergeant-at-Arms that his attendance was required

here?

Mr. BLOW. I was.

Mr. JOHNSON, of Pennsylvania. At what hour?

Mr. BLOW. The Sergeant-at-Arms can answer that question; I must decline answering.

Mr. HOLMAN. It seems to me that under these circumstances something more than the payment of the ordinary fees should be required. It is a case of willful neglect of public duty. I therefore move that an additional penalty of ten dollars be imposed.

Mr. BLOW. I desire to say to the gentleman from Indiana that it was not willful.

Mr. HOLMAN. Then I will take back the word "willful."

Mr. HOLMAN's amendment was disagreed to. The motion of Mr. ROLLINS, of New Hampshire, was then agreed to; and Mr. Blow was discharged on payment of fees.

Mr. YEAMAN. I move that all the remaining gentlemen at the bar of the House, who see fit to pay the usual fee, be excused.

Mr. HOLMAN. I rise to a question of order. If I remember right, the gentleman from Kentucky [Mr. YEAMAN] was before the bar of the House last evening and had a fine imposed upon him. I understand the rule to be that he has no right to take part in the proceedings unless the penalty is paid.

The SPEAKER. The Chair presumes that every member of the House obeys the order of the House. As the gentleman from Kentucky was released on payment of the usual fee, the Chair presumes that he has complied with the order of the House.

Mr. HOLMAN. A very violent presumption. The SPEAKER. That may be.

The question was taken on Mr. YEAMAN's motion, and it was not agreed to.

JAMES BROOKS.

The SPEAKER. Mr. BROOKS, you have been absent from the session of the House without its leave. What excuse have you to render for your absence?

Mr. BROOKS. Mr. Speaker, there was a conflict of authority last night. I obeyed the rules of the House up to nine o'clock. I was then called by the chairman of the Post Office Committee to another sphere of duty at the Postmas

ter General's. In that other sphere I thought I might render as good public service as if I had remained here.

Mr. JOHNSON, of Pennsylvania. I desire to inquire whether the gentleman was notified that the Sergeant-at-Arms had called on him.

Mr. BROOKS. I was not notified. I never heard of it till I saw it in the papers this morning. Mr. TOWNSEND. I move that my colleague be excused unconditionally.

Mr. BROOMALL. Imove, as an amendment, that he be required to pay the usual fees.

The amendment was adopted; and the motion, as amended, was agreed to.

Mr. BROOKS. Mr. Speaker, if I pay the Sergeant-at-Arms now, can I vote?

The SPEAKER. Certainly.

Mr. BROOKS, (stepping forward to the Sergeant-at Arms.) Then I will settle up. [Laughter.]

Mr. ASHLEY. Do I understand the Chair to decide that until a member who has been fined has paid the Sergeant-at-Arms he is not entitled to vote?

The SPEAKER. The Chair has already decided that he presumes all gentlemen have obeyed the orders of the House unless there be evidence to the contrary.

Mr. BROOKS. I rise to a point of order. I am told that there is an arrangement between certain gentlemen who were here last night to collect a considerable sum of money for the Sergeant-atArms and to have a grand supper at the close of the session. My point of order is that those gentlemen are interested and therefore are not entitled to vote. [Laughter.]

The SPEAKER. The Chair overrules the point of order.

Mr. THAYER. The remarks of the gentleman from New York are a reflection on the House.

Mr. WORTHINGTON. Mr. Speaker, as one of those who remained here till four o'clock in the morning, I utterly deny the existence of any such arrangement. [Laughter.]

Mr. THAYER. I understand the Chair to say that the remarks of the gentleman from New York are in order.

The SPEAKER. The Chair has ruled them out as not being a valid point of order under the rule. WILLIAM G. BROWN.

The SPEAKER. Mr. BROWN, you have been absent from the session of the House without its leave. What excuse have you to render for your absence?

Mr. BROWN, of West Virginia. Mr. Speaker, I had an engagement last evening for a few hours with a friend. My health is not very good at any time, and at the conclusion of my engagement went to bed unwell. Some time in the night, after I had slept for a considerable time, my wife told me that some gentleman had come to the door wanting to see me, and that she sent word to the gentleman that I was unwell. The gentleman then left without my seeing him. It was a fact that I was unwell; and I would not have come here last night for any amount that the House would probably fine me on account of my absence. My condition of health was such that I could not come.

Mr. JOHNSON, of Pennsylvania. I move that the gentleman be discharged unconditionally. The motion was agreed to.

JOHN W. CHANLER.

The SPEAKER. Mr. CHANLER, you have been absent from the session of this House without its leave. What excuse have you to render for your absence?

Mr. CHANLER. I left the House on yesterday under the impression that the debate upon the internal revenue bill, which had been commenced by the honorable gentleman who had charge of that bill, [Mr. MORRILL,] would certainly continue until the next morning, and that it would not be necessary for me to be here. Before I started from the Capitol, I left word with one of the officers of the House that in case any other business should transpire I should be sent for. I heard nothing of the order of the House, but came here this morning unaware any call had been made.

Mr. BROOMALL. I move that the gentleman be excused upon the payment of the usual fees. The motion was agreed to.

Mr. F. CLARKE. Mr. Speaker, I am not well enough to attend the evening sessions of the House.

Mr. BROOMALL. I move that the gentleman be unconditionally excused.

Mr. HOLMAN. I would ask the gentleman if he was confined to his room last night. Mr. F. CLARKE. I was not.

Mr. HOLMAN. I move to amend the motion of the gentleman from Pennsylvania [Mr. BROOMALL] So as to excuse the gentleman upon the payment of the usual fees.

The amendment was adopted; and the motion, as amended, was then agreed to.

BRUTUS J. CLAY.

The SPEAKER. Mr. CLAY, you have been absent from the session of this House without its leave. What excuse, have you to render for your absence?

Mr. CLAY. I was not aware, Mr. Speaker, that my services were needed here last night. I left the Hall last evening under the impression that we were to have a night session only for the purpose of allowing gentlemen an opportunity to make speeches for their constituents; not particularly to enlighten members of this House; and as I felt no particular interest in them I did not think it necessary to attend. I went home to my room and remained there, and was not aware of anything that was being transacted here last night; and furthermore I am not much inclined to travel at night over the slippery pavements and steps, and therefore I concluded I would not come up here last night. I had no intention or desire to show any contempt of this House.

Mr. ARNOLD. I move that the gentleman be unconditionally excused.

Mr. RADFORD moved to amend so as to excuse the gentleman upon the payment of the usual fees.

The amendment was adopted; and the motion, as amended, was then agreed to.

CORNELIUS COLE.

The SPEAKER. Mr. COLE, you have been absent from the session of this House without its leave. What excuse have you to render for your absence?

Mr. COLE, of California. Mr. Speaker, I was by special invitation at a more festive scene than the one transpiring in this House last night. It was between eleven and twelve o'clock when I reached my lodgings, and I supposed then that the House was keeping better hours than the members of the Committees on Post Offices and Post Roads, and I retired for the night. I knew nothing then of the proceedings of the House. When I saw the statement in the papers this morning to the effect that when last heard from the House was still in session, my first impression was to come up here immediately and relieve you from the dilemma in which you were placed. But stopping to obtain my breakfast, I learned that the House had adjourned some time during the morning.

Mr. BROOMALL. I move that the gentleman be excused upon payment of the usual fees. The motion was agreed to.

HENRY L. DAWES.

The SPEAKER. Mr. DAWES, you have been absent from the session of this House without its leave. What excuse have you to render for your absence?

Mr. DAWES. Mr. Speaker, as the House is well aware, I attended upon the session of the House last evening until a very late hour. During the discussions of last night, as the House is also aware, I unfortunately became involved in a personal difficulty with the venerable and, until then, very much esteemed gentleman from Ohio, [Mr. SPALDING,] under the impression that he was attempting to appropriate to himself an article that belonged entirely to me. In the course of the evening I received a message from him of such a character that I was a little uncertain what it meant. I therefore consulted the distinguished gentleman from New York, [Mr. BROOKS,] who, we all know, is perfectly au fait in such matters, [laughter,] and he informed me that it admitted of but one construction, and that I must meet the

gentleman from Ohio outside of the District and vindicate my honor, [renewed laughter;] and, in company with the gentleman from Ohio, I left the House for that purpose late in the evening. I was not aware of the call of the House after I left. I am happy to say that such explanations took place between the gentleman from Ohio and myself as rendered it entirely satisfactory to me that he had no intention to make the appropriation that I at first supposed he had, and that is the reason why I left the House.

Mr. STEVENS. I understand that the gentleman from Massachusetts [Mr. DAWES] is one of those who left after the doors were opened, and thus left the House without a quorum; and both for that reason and because he accepted a challenge, I move that he be excused upon paying a fine of ten dollars in addition to the usual fees. Mr. COX. I do not think we ought to press so hard upon my friend from Massachusetts, [Mr. DAWES.] He has said that he left the House upon a belligerent errand. Now, it is so unusual a thing for our New England friends to fight that I think it should be regarded in his case.

Mr. TRACY. I move to amend by striking out the fine of ten dollars.

The amendment was rejected.

Mr. WADSWORTH. I move to amend by striking out "ten dollars" and inserting "one dollar."

The amendment was rejected.

The motion of Mr. STEVENS was then agreed to. JOHN L. DAWSON.

The SPEAKER. Mr. DAWSON, you have been absent from the session of this House without its leave. What excuse have you to render for your absence?

Mr. DAWSON. Mr. Speaker, I was present during the regular session of the House on yesterday until the hour for the recess. It seems that the House had resolved to meet again at seven o'clock I did not learn that fact until after eight o'clock, when I immediately repaired toward the Capitol, but on my way was informed that the House had adjourned. I then returned to my lodgings. I received no notice from any one that the House was in session, and knew nothing of the fact until after I appeared here to-day at twelve o'clock and was informed that such was the case.

Mr. ANCONA. I move that the gentleman be unconditionally excused.

Mr. BROOMALL. I move to amend so as to excuse him upon the payment of the usual fees. The amendment was adopted; and the motion, as amended, was then agreed to.

JOHN F. FARNSWORTH.

The SPEAKER. Mr. FARNSWORTH, you have been absent from the session of this House without its leave. What excuse have you to render to the House for your absence?

Mr. FARNSWORTH. Mr. Speaker, I attended the session ofthe House last evening until nearly one o'clock, until all further proceedings under the call of the House had been dispensed with, and the doors were opened. Presuming that no further business would be transacted, and feeling quite unwell and very much fatigued, I went to my lodgings, and, after taking some refreshment, retired to my virtuous couch. I had just got into my first slumber when "I heard a rapping As of some one [not very} gently tapping At my chamber door."

Upon asking who was there, the Sergeant-atArms responded, desiring me to get up and come to the House. I told him that was impossible; that I could not, in the condition of my health, get out of my bed at that hour.

Mr. MORRILL. I ask the gentleman to yield to me for a moment, that I inay make motion which, if it be made at all, must be made before half past four.

Mr. FARNSWORTH. I cheerfully yield to the gentleman.

Mr. MORRILL. I move that the session of this evening be dispensed with. I desire that we shall get through with the business in which we are now engaged, and I think that we had better continue this afternoon's session until we conclude this matter.

The SPEAKER. The gentleman from Vermont moves that the session of this evening be