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the eulogies delivered upon the late Hon. Sol No. 116) to prevent the introduction of the sylvania and reject the opinion of the medical omon Foot, for the use of his widow and fam cholera into the ports of the United States, the convention which assembled at Baltimore! I ily, to report it back and recommend its pas- || pending question being on the amendment leave the case in the hands of the Senate. If sage. I ask for its present consideration. reported by the Committee on Commerce in || they think that the knowledge and information There being no objection, the Senate pro the nature of a substitute,
of the Senator from Pennsylvania is greater ceeded to consider the following resolution:
Mr. CHANDLER. I do not propose to go than that of the convention that visited the Resolved, That one thousand extra copies of the largely into the discussion of this question. East during this summer to investigate this addresses and funeral sermon delivered in the Sen Whether this measure will prove effective or subject, and greater than that of the convenate on the death of Ilon. Solomon Foot, a Senator from the State of Vermont, heretofore ordered to be
not, I cannot say. I have not had, perhaps, as tion which assembled in Baltimore, and greater printed for the use of the Senate, be printed for the much experience in the matter of cholera as than that of the medical faculty of the world, use of the widow and family of the deceased.
some other Senators. I have only had the dis I hope they will adopt the views of the SenaThe resolution was agreed to.
ease twice, and have only spent about four or tor from Pennsylvania and reject those of the DEPOSITS OF PUBLIC MONEY.
five years of my life in attending upon patients | medical faculty. The Senate will vote upon Mr. GRIMES submitted the following res6
afflicted with it, [laughter,] and I do not pre this question as they see fit.
tend to know as much about it as the Senator Mr. MORRILL. I should like to have the lution ; which was considered by unanimous consent, and agreed to:
from Pennsylvania, (Mr. Cowan.), Eminent original resolution, as it came from the House, Resolved, That the Committee on Finance be in
surgeons throughout the world have had doubts read. I believe it has not yet been read. structed to inquire into the expediency of providing
as to the character of this disease. Great The Secretary read as follows: by law that no public moneys shall be deposited by Britain, France, and the Powers of Europe ap Resolved, Lc., That the President be, and he hereby any public officers elsewhere than in the office of tho
pointed a commission to visit the East and ascer is, authorized to make and carry into effect such orders sub-Treasurer in any city where there is a sub-Treasury, por elsewhere than in the Treasury of the United tain the sources, the dangers, and the symp
and regulations of quarantine as in his opinion may
be deemed necessary and proper, in aid of State or States in the city of Washington,
toms of the disease. Had they been aware of municipal authorities, to guard against the introducNEW YORK POST OFFICE. the learning, the knowledge, and the informa
tion of the cholera into the ports of the United States; tion contained in this Senate, they never would | the military and navalcommanders in ports and places
and the President is further authorized to empower Mr. DIXON. I move that the Senate now
have sent that commission to the East or any in the States that have been or are in insurrection to proceed to the consideration of House joint resolution No. 66, in relation to the courts where else. They could have got all the infor
enforcesuch quarantineregulations as may bedçemed mation they desired from the Senator from | troduction of cholera or yellow fever, and to provido
necessary for the purpose of guarding against the inand post office in the city of New York. Mr. CHANDLER. I would ask if the
Pennsylvania, who, I regret, is not in his seat. for the proper cure and treatment of patients. And House joint resolution No. 116 was not the During the debate yesterday, that Senator said:
such an amount of money as may be necessary to
carry into effect this joint resolution is hereby approunfinished business of yesterday at the close
"If there is any one thing I think well settled, it is printed out of any money in the Treasury not otherthat cholera is not contagious in that sense of the
wise appropriated. of the morning hour.
word which would enable you by meaus of some legisThe PRESIDENT pro tempore. It is not lative enactment to keep it out of the country. I
Mr. MORRILL. Perhaps the attention of think for the credit of the body in that respect, we the Senate should be called to the action of the the practice of the Senate, when a motion is
ought to avoid this mode of dealing with that which made to take up a bill, to give precedence to
House of Representatives in contrast with the is now pretty well understood."
action of the Senate committee. It will be seen the unfinished business of the morning hour. Again, he said: The question is on the motion of the Senator
that the resolution from the House, for which
"It is an epidemic instead of a contagion. It exists from Connecticut to take up House joint res in the air; and hence there was great propriety in the
the Senate committee substitutes its own resoolution No. 66, relative to the courts and post
jest of some Senator the other day who proposed to lution, provides for a method of treating this
refer the whole subject to the ventilation committee." office of New York city.
subject in coöperation with the States. The The motion was agreed to; and the Senate,
Now, sir, that is a question that had never President is authorized to make rules and regas in Committee of the Whole, proceeded to
been settled until yesterday. The most emi- |ulations to cooperate with the State and local consider the joint resolution, which proposes
nent surgeons on earth had been in doubt as to authorities. That is the chief feature of the to appoint the mayor and postmaster of the
whether it was contagious, infectious, or at House resolution. The resolution reported city of New York, the district attorney for the mospheric. That point being settled, and by the Committee on Commerce of the SenUnited States at New York city, the president | ate, they may deem that no further action is inaugurates a system independent of the local
probably settled to the satisfaction of the Sen ate, which is proposed as a substitute for that, of the Chamber of Commerce of the State of New York, and Jackson S. Shultz, of New necessary upon this resolution. As I remarked | authorities and independent of the States; and
it is different in some other respects. The object York city, a commission to select a proper site yesterday, the Committee on Commerce have
had this regolution under consideration for two of the two resolutions, of course, is the same, to for a building for the post office and for the accommodation of the United States courts in
months. There was a great diversity of opin prevent the spread of the cholera. the city of New York. They are to report to
ion in the committee as to the propriety of The question which I desire the Senate should the Postmaster General and the Secretary of
action on the subject. The medical profes understand and should consider is, whether it the Interior, at their earliest convenience, the
sion, not having been aware that the point was is advisable to invest the President and his selection upon which they, or a majority of
settled, appointed a convention in Baltimore, Secretaries with the powers of quarantine and them, may agree, and the price at which the
which assembled on Friday last, I believe. In | sanitary regulation over the whole country.
that medical convention were eminent men site can be purchased by the Government for
The statement of that question will show the from Canada and other British Provinces, from the purposes contemplated in the resolution;
Senate at once the importance of this measur and if the report shall meet the approbation
New York, Baltimore, and Philadelphia, and and the magnitude of the undertaking; and of the Postmaster General and the Secretary
the most eminent medical talent in the United | they must judge for themselves as to the probof the Interior, they shall communicate it, States. They deemed the subject of sufficient ability of its being effective. A measure au
thorizing the President and his Cabinet to use with such additional suggestions as they think importance to send a delegation from that con
vention here to advocate the passage of some proper, to Congress.
the war power of the country and the Treasury The first amendment reported by the Com
such measure as this. A meeting of the Com of the country to make, in the first place, a mittee on Post Offices and Post Roads was in
mittee on Commerce was called, which was system broad enough to quarantine all the ports line six, after “ Jackson S. Shultz,'' to insert
attended by all the members except the Sena on the coast, and a sanitary system or a cordon “Charles H. Russell, and Moses Taylor."
tor from Maryland, (Mr. CRESWELL; } and they of sanitary posts extensive enough to guard The amendment was agreed to.
unanimously decided to recommend the Senate your whole frontier, and also to be effective in
to adopt this plan, which that delegation said all the cities and towns throughout the whole The next amendment was after the word would be effective.
country, the Senate will see at once will be “resolution,” in line fourteen, to insert "if a new site should be selected;" so that the clause | delegation who seemed to have the most expe
I made the suggestion to the man of that very comprehensive and very extensive, and
involves the exercise of very extensive powers; will read:
rience on this subject that this disease was by and whether so spread out and so acting indeThat they report to the Postmaster General and the Secretary of the Interior, at their earliest conven
many considered not to be contagious, but pendent of the States—to raise no question now ience, the selection upon which they or a majority of
rather infectious or atmospheric. He replied of the right to do so-by any possibility, within them may agree, and the price at which such site can that last fall they had in the harbor of New a reasonable time, it could be made effective be purchased by the Government for the purposes
York one hundred and fifty cases of Asiatic contemplated in this resolution, if a new site should
as a practical question, it seems to me admits be selected.
cholera, but the board of health put their hands of very serious doubt. I ought to say, thereThe amendment was agreed to.
upon it and held it in the bay, and not a sin fore, calling the attention of the Senate to these The joint resolution was reported to the Sen
gle case reached the city of New York, although two propositions, that it seemed to me that the
the train was laid, and New York city was ate as amended, and the amendments were con
measure, as it came from the House of Reprecurred in. The amendments were ordered to
never in a better condition for its reception sentatives, was preferable in two particulars :
and for its terrific ravages than it was at be engrossed and the joint resolution to be read
first, that it avoids all questions of authority; a third time. It was read the third time and
that time. The opinion of these medical men and secondly, that it proposes to coöperate passed.
differs materially from the opinion of the Sen with the systems already in existence. The
ator from Pennsylvania, and yet I have no city of New York, the great metropolis, for ASIATIC CHOLERA.
doubt the Senator from Pennsylvania must be instance, has a very effective system to-day of Mr. CHANDLER. I now move to take up correct. I never knew him to be wrong in any. quarantine and health police, more so than House joint resolution No. 116.
thing--politics, religion, law, or anything else. could be perfected by this Government in The motion was agreed to; and the Senate, He knows this thing to be so, and of course it twelve months if it should set to work to-day as in Committee of the Whole, resumed the is settled ; and I suppose the Senate will adopt to do it. Now, are we to act independent of consideration of the joint resolution (H. R. the learned opiniou of the Senator from Penn that, or to coöperate with it? Just as you
settle that question so will you settle whether cases which have been decided on the subject | doubt, if we proceed under the House resolayou will amend the resolution as it comes from of the introduction of passengers, known as the tion, whether we shall do the work thoroughly. the House, and adopt the proposition of the passenger tax cases, in which the Supreme I doubt whether that resolution can be made committee, or concur in the resolution as it Court of the United States held, and rightly sufficiently effective for the occasion. Indeed, came from the House.
held, that the States, while Congress under I may go further and say I am satisfied, all I was in favor of the House resolution be takes to regulate commerce at all, have no things considered, that it cannot be effective cause it proposed to confer with the States and authority to regulate the admission of persons for the occasion. We then have the substitute with the cities and avail itself of the local sys or merchandise from foreign countries into this. proposed by the committee of our own body. tems of quarantine and health police, organ. Therefore this concerns, in the most eminent | Against that there is certainly this remark to ized and as they have existed for fifty years. It and exact sense, that power which is granted be made, that it is novel. I am not aware that may be said that our authorities can avail by the Constitution of the United States to us any such proposition has ever before been themselves of that; but that is not the theory | under the head of the regulation of commerce; brought forward. It has, therefore, to meet of the bill. The theory of the bill is that it is to and inasmuch as we must all agree that it coul the argument of novelty; but when you conbe independent, that a system is to be organ cerns us all, inland States and inland districts sider it, certainly it has in its favor the great ized here by these Secretaries, and that it is as well as the sea-board ones, ought we not argument of elliciency. If adopted, it will be to be carried out over the whole country. It assuming that we can frame and pass any law | effective for the purpose. But then the quesseems to me that you will lose entirely the which will have any prospect of attaining the tion remains behind, to which the Senator from efficiency which is desirable and which you result-to go as far as prudence and as courage Maine has directed our attention, whether this would secure if, instead of that, you coöper will allow to accomplish it? Most certainly we proposition of the committee is not something ated with the systems already in force. should.
more than even a novelty, whether it is not a For these reasons-not to argue the ques. The PRESIDENT pro tempore. The morn- departure perhaps from the just principles of tion in any way, but merely to make sugges ing hour having expired, it becomes the duty our institutions. I am not inclined to say that tions-because of the doubt on the question of the Chair to call up the unfinished business | it is anything more than a novelty. I admit of authority, and especially because etficiency of yesterday.
that it is such. It does invest the Government will come from coöperating with the States, it Mr. CHANDLER. I hope the unfinished with large and perhaps unprecedented powers seemed to me that the House resolution was business will be permitted to lie over inform in order to meet a peculiar case where a strinpreferable; but of course I rise to make no ally. I think this will not take long.
gent remedy must be applied. hostility to the measure. It seemed, however, Mr. SHERMAN. It is very manifest that But, as the chairman of the Committee on to me to be advisable, as nobody had stated this will take time.
Commerce suggests to me, the powers are temthe precise position in which the measure was Mr. CHANDLER. I think but very little. porary. I am not ready to say that such powers presented to the Senate, that I should make Mr. EDMUNDS. I will not occupy three cannot be intrusted to the Government. I be.. this statement. minutes.
lieve they can be; but while I agree in that, Mr. EDMUNDS. Mr. President, it appears Mr. SHERMAN. I will not interrupt the and am ready to vote for intrusting these powers to me that the amendment which the Commit Senator from Vermont in the midst of his to the Government, yet, if I can have the attentee on Commerce have recommended to this speech.
tion of my friend, the chairman of the comjoint resolution very much improves it as sent The PRESIDENT pro tempore. If there mittee, I should like to ask him why these from the House of Representatives. The hon be no objection the unfinished business of yes powers are to be placed under the direction of orable Senator from Maine has correctly stated | terday will be laid aside in order to proceed the Secretary of War rather, for instance, than the essential difference between the two propo with the joint resolution now before the Sen of the Secretary of the Treasury. sitions, that of the House being to authorize ate. No objection being made, it is laid aside Mr. CHANDLER. They are placed jointly the President to act in aid of the State and informally:
in threc Secretaries, the Secretary of War, the local authorities, and which proposition, there Mr. EDMUNDS. I think it was made man Secretary of the Navy, and the Secretary of fore, necessarily implies the consent of the ifest before the Committee on Commerce--and | the Treasury. State and the municipal authorities who are it is a subject so serious that I cannot regard Mr. SUMNER. I do not mean to express invested by local regulations with present it in the jocose light that my friend from Penn any decisive opinion on the question, but I power over the subject, while the Senate sylvania did yesterday-it was made manifest mean to call the attention of the Senate to it, amendment proposes to make a uniform sys before the Committee on Commerce by the that it may go for what it is worth. The lantem of quarantine under the paramount regu. concurrent testimony of many doctors, who lations of the General Government, which for once did not disagree, that cholera is the
That it shall be the duty of the Secretary of War, shall be coextensive, irrespective of State and subject of preventive regulations; that it is with the coöperation of the Secretary of the Navy municipal lines and boundaries, with the dis capable, in a very large degree at least, of being and the Secretary of the Treasury, whose concurrent ease which it is sought by both processes to excluded from districts, territories, and coun
action shall be directed by the Commander-in-Chief
of the Army and Navy, to adopt an efficient and uniexclude from the conntry; and the simple tries by the enforcement of sanitary and quar form system of quarantine against the introduction question is, which is the most likely to attain antine regulations; and a very eminent instance into this country of the Asiatic cholera through its the desired end? of that fact and a very strong proof of it is
ports of entry, &c. Now, I think it must be admitted by my found in what we know of the history of cholera Mr. CHANDLER. With the permission of friend from Maine that the cholera will not in Europe last fall. The quarantine in the the Senator, I will state that all the southern pay any regard to State lines. It does not Italian ports on the Mediterranean was very cities are now guarded by United States sol. know anything about State rights; it does not strictly enforced, and consequently the cholera | diers, and naturally, those points being more recognize the distinction between Federal and passing from the East went by those Italian ports exposed, it would come more directly under State authority; and, therefore, while one reg: to the ports of France, and at last first reached the Secretary of War than any other Secretary, ulation may exist in New York which shall the Italian territory by way of the railroad from The condition of things on the northern frontrequire a quarantine, if you please, of thirty | Paris, having gone completely around the sea ier is the same. days, another may exist at Jersey City which board and returned into that country from the Mr. SUMNER. I proposed simply to call only requires a quarantine of ten days, another | interior, where the quarantine regulations were attention to the point; I do not intend to pass at New London, in Connecticut, or at New. not enforced. Therefore it behooves us most upon it myself; only I must say that on the port, in Rhode Island, having a different length certainly to try the experiment, and to try it face of the proposition it does seem to me as of time and a different process of security; so upon that scale of uniformity and of severity if it was to make this proceeding for a quarthat the result is without uniformity, that a which is commensurate with the danger of this antine a military transaction, as if it was to a regulation which is enforced with safety and pestilence, which certainly is as dangerous as certain extent to continue military power for security in one city, operating to the temporary any pestilence or any evil can possibly be. this purpose. I cannot say that I have scruples disadvantage and injury of its commerce and It has appeared to me, with all deference to on that point; but still I am not disposed to disturbance of its trade, is evaded in an adjamy friend from Maine, that we ought to go to vote for such a proposition, at least without cent city to the advantage of its commerce and the length of intrusting these large powers to fully considering, and I desire that the chairits trade, and by means of which the pestilence || the Government as we did in the case of the man of the committee shonld consider whether which we all seek to exclude is introduced into | rinderpest, which is a case in point as to the it is expedient that this quarantine proceeding the country.
power, and to authorize the Secretaries of War shall be placed under the direct charge, manIt appears to me that this is a subject which and the Navy and the Treasury to put in force agement, and control of the military power, or concerns the general welfare of the people of with uniformity and impartiality a system which whether it shall be placed where in times past the United States, irrespective of State or local will operate for the protection of the whole it has been, with the Treasury Department, organizations and irrespective of State bound country.
which has, as I need not remind the Senate, aries. It concerns the general welfare, and
Mr. SUMNER. Mr. President, I must say the direction of the custom-house and of the therefore, in my judgment, it is the highest || that in reflecting upon this question I find that revenue, and also, I may say, the direction of duty of the General Government to promote I traveled with my friend from Maine through the revenue cutter which is the police power in that general welfare if anything can be done his inquiries and his doubts, but it was only to our harbors. by exercising its paramount authority over the arrive substantially at the conclusion of my The question I ask is, whether the Departsubject. My friend from Maine suggests that friend from Vermont. I thought that the crit ment which thus far has had charge of the police there is doubt as to the authority of the United icism of my friend from Maine was in many of our harbors, which controls the hospitals States. I think he will reconsider that doubt respects, at least on its face, just; I went along there, to say nothing of the custom-house, and change his opinion, if it be his opinion that with him, and yet I hesitated in adopting the should not be intrusted with control with ref we have not the power, when he recurs to the conclusion which he seemed to intimate. I erence to the quarantine? Thus far it has had
guage is :
exclusive control with reference to the quar ted States. That was a case not like this, of descriptions, medicines, sanitary regulations, antine. We are now, to a certain extent, to war, but a case of commerce. I therefore cordons, and what not; there is no limitation. dispossess it and put the War Department in submit to my honorable friend whether the Whatever is needed to be done in the premises the front. If Senators are disposed to do so ; cases are at all analogous, whether the facts to prevent the introduction of cholera, and if my honorable friend, the chairman of the justify the comparison; and I suggest to him || control it after it is here, is to be done by committee, thinks, after having his attention that this is more analogous to the license cases. authority of the General Government, by phycalled to it, that upon the whole it is advisable Under the authority of Congress importers || sicians, by police regulations, &c. Whatever that the War Department should be put in the were authorized to import into this country may be done, may be done, and is to be done, front, and that the others should but follow up from abroad ardent spirits, and having brought in contemplation of this bill, by authority of in the rear, I am not going to raise any ques them in under the authority of Congress they || the General Government. tion, because I start avith the idea that this bill claimed the right to sell them, and they claimed So much for the authority. I rose in the first must be made effective for the purpose. I that the sale was authorized, and that under | place simply to suggest what was obvious upon believe the House bill cannot be effective for their police powers the States had no right to the reading of the two measures, that the propthe purpose; and therefore I am ready to accept | interfere with the disposition which they should | osition of the House of Representatives prothe bill of the committee, if after having called choose to make; but there the court drew the ceeded upon the idea of the General Governattention to this point the committee feel that distinction between the authority of the State | ment doing something in aid of the State instiupon the whole it is advisable to proceed with and the authority of the General Government; tutions which already exist, sanitary and otherthe bill in its present form.
and whereas they said that over foreign com wise, in the several States, as it very properly Mr. MORRILL. I did not intend to do merce the jurisdiction of the General Govern may to render those local and State institutions more than to call the attention of the Senate ment is supreme and exclusive, yet when once effective. There are a thousand ways in which to the bill coming from the Committee on the foreign article has been introduced within the that may be done. The Government has now Commerce, of which I happen to be a member. limits and jurisdiction of the State entirely, the in all the States a great variety of hospital stores Having dissented from the bill, I thought it was State may then apply to it its police regulations, and other stores which might very properly be perhaps advisable that I should state the dis either of health, sanitary regulations, or what delivered over to the State authorities. In that tinction between the proposition which came not, and may impose such conditions and lim- || way the aid of the Government might be very from the other House and that reported by the itations on the article so imported under the efficient; but I have no faith at all in the operacommittee. As the Senator from Massachusetts authority of the Government of the United tion of the measure reported by our committee. apprehends, the measure proposed by the com States as the State, in its own judgment, hav If you take the matter out of the hands of the mittee is a war measure. There is no question || ing exclusive jurisdiction of all matters of State authorities; if you undertake to inauguof that. It addresses itself to the war power; || police in its own State, shall determine to be rate a system here at Washington which is to it seeks to find its authority nowhere else; and necessary for the protection of its own people. || supplant their regulations and be independent I think it will be difficult for anybody to find an Now, apply that doctrine to this case. We of them, I have no belief that you will render authority so broad as is contemplated by it; are to fight the cholera ; where? I concede the scheme efficient.' That is my difficulty. outside of the war power, with which, in the that we may fight it on our exterior limits, Mr. EDMUNDS. Mr. Presidentlast four or five years, we have become so either by weapons of war or through the agency Mr. SHERMAN. I must interpose and call familiar. It proceeds on the idea of using the of the Treasury Department, as suggested by for the regular order of business. This debate war power; and in aid of the war power it puts the honorable Senator from Massachusetts ; is evidently going to be much longer than was at the disposal of the Government the entire but can you enter the States and fight it over anticipated. means of the Treasury. They are not appro the railroads and the turnpikes and the com The PRESIDENT pro tempore. The unfinpriated in so many words, but these Secretaries mon highways, and in the cities and the towns, ished business having been laid aside informare empowered to use all the means at their and visit the houses and take possession of all || ally, is liable to be called up at any moment. command. Of course that includes the mili the cities and towns in any district of country?
POST OFFICE APPROPRIATION BILL. tary and naval forces, and, in aid of them, the For that is what is implied in cordons for sanresources of the Treasury.
itary purposes. You absolutely for the time The Senate resumed the consideration of the I did not care to raise the questions which being have the custody socially, politically, civ
bill (H. R. No. 280) making appropriations for the honorable Senator from Massachusetts has | illy, economically, in every sense which is inti
the service of the Post Office Department dur. so rightly apprehended. It was on account of mate, of the entire American people, houses, II ing the fiscal year ending June 30, 1867, and the extraordinary powers to which he has | lanes, streets, everything as perfectly as the for other purposes, the pending question being referred that I shrank from the consideration | police regulations of the several States and
on the amendment of Mr. TRUMBULL, to add of the bill, I admit. I thought it inadvisable, the cities and towns. Can you do that? If
the following as an additional section to the and I intimated some doubt about the power to so under what power? If we were in a state
bill: which the honorable Senator from Vermont has of war, there is nothing which we could not do SEC. -. And be il further enacted, That no person so properly alluded. After a proclamation of against a foreign enemy. I doubt whether we
exercising or performing, or undertaking to exercise
or perform, the duties of any office which by law is peace, which has come to us, the effect of which can do it against an enemy such as the cholera ; required to be filled by the advice and consent of the
never could exactly understand, and which I but against the enemy that invadeg, you can Senate, sha!!, before confirmation by the Senato think it will be left to future historians and do any or all of these; but can you do any one
receive any salary or compensation for his services,
unless such person be commissioned by the President commentators to define, and after peace has of them in this case under the war power? I to fill up a vacancy which has happened by death, come to us in a general way, why we should question very much whether it can be done. resignation, or expiration of term, during the recogs pass a bill putting at the discretion of the Pres Certainly it cannot be done under the authority
of the Senate and since its last adjournment. ident of the United States, through the Secre suggested here, under the power to regulate Mr. WILSON. Mr. President, the country tary of War and the Secretary of the Navy, the commerce. The cholera is not commercial in || clearly understands why the amendment proentire military and naval power of the country its character ; it is pervasive, and it invades posed by the Senator from Illinois upon this to fight the cholera, is what I cannot exactly | everywhere and knows no Federal or local lines. bill is moved. It grows out of an apprehencomprehend as a question of constitutional I agree with my honorable friend from Ver- || sion, of which there are significant signs, that power. The measure reported by the commit mont that it knows no State boundaries nor any executive patronage is to be used to influence tee, I say, proceeds upon that idea, and invokes boundary whatever.
the action of the country, to influence the pubthat authority, and does 'not find its authority My honorable friend from Vermont suggested lic sentiment upon the great question of reconanywhere else.
-I do not know that he meant to be committed struction. It seems to me that it is legitimate My honorable friend from Vermont suggests to it-something about the general welfare. and proper upon this proposition that the action for my consideration that the authority is Whether he intends to draw the authority for of the President, the condition of the country, clearly justifiable upon the ground of the de this bill from that provision of the Constitution and the relations of the men who made him cision of the Supreme Court in the passenger which speaks of the general welfare, I do not President of the United States should now be cases so familiar to the country and to the know. I hardly think there is anything in the discussed. Senate. But let me suggest to him whether history of the country which authorizes so I propose, Mr. President, to notice very briefly there is an analogy between the facts of the broad an interpretation of that provision of one or two of the observations made yester
There we were proceeding under the the Constitution. But the answer to that sug; day by the Senator from Wisconsin (Mr. Doocommercial authority of the Government-not | gestion would be that this bill does not proceed LITTLE) and by the Senator from Pennsylvania, under the war power, but under the power to on that idea. Suppose, however, that any spe [Mr. Cowan.] The Senator from Pennsylvaregulate commerce. The fact was, in those cific authority could be drawn, or ever had been nia set out with the declaration that the Presi. cases, as the honorable Senator doubtless recol- | drawn, from the phrase of the Constitution rel: dent had been charged by me with a betrayal of lects, that the States of New York and Mas ative to the general welfare, which I am not the Republican party.
When I indicated to sachusetts had imposed a tax of one dollar a aware there ever was, would anybody contend him that I had made no such charge, the Senhead upon persons who should be imported that, under the language of the Constitution ator repeated it and reasserted it. Sir, the into this country under the regulations of com in regard to providing for the general welfare, record shows that I made no such charge against merce prescribed by Congress. The United a general system for doctoring the American the President of the United States. I have States, in whom is the supreme authority over people against cholera, for that is what it is, I endeavored at all times and on all occasions, questions of commerce, having regulated the could be provided by Congress?, The power in public and in private, to prevent any disimportation of such persons, of course the involved in this bill assumes, if it is effect agreement between the President and Congress, States could not interpose. The States were ive, to go the whole extent of doctoring the any disruption of the ties which bound him to in direct conflict with the asserted and con American people upon the great emergency of the men who brought him into power, ceded authority of the Government of the Uni the cholera, providing dry and wet nurses of all A year ago, within thirty days after the assas.
sination of Mr. Lincoln, I learned from various soul. For two hundred years the one side had upon the Administration, and not very stinted sources that there was a class of public men been trained to the love of freedom, justice, | laudations of General McClellan. To-day all among us who hoped to have a new cast of and humanity, and the other had been trained the Republican presses but one in Pennsylthe Administration, a reorganization, a recon in the spirit of caste. It was a contest of giants; || vania support the general policy of Congress. struction of political parties. It was more than || it was the “irrepressible conflict;" and it came There are one or two others that give a sort of hinted by some of these persons that the radi- to blows; and when it did come to blows it divided support to Congress and to the Presicals would be “sloughed off,'' that the extreme rocked the continent with its power. We have dent. I will not remind the Senator of the men of the rebel States would be "sloughed | triumphed. Slavery dies a traitor's death, and action of the Republican convention a few off," and that there would be a great political leaves a traitor's name in the history of the weeks ago, or of the action of the Legislature organization composed of conservative men. Republic. Liberty, patriotism, justice, human of his own State. Surely their action is an The belief was expressed by these managers ity, all that is noble, all that inspires men to indication of the temperof the people of his that the President of the United States would || lofty deeds were with us in that contest. I look great Commonwealth. be the founder of a great party, as were Jeffer upon
the contest as one that could not well be The Senator tells us now that we radicals son and Jackson. It was a new era, just the avoided. We have triumphed ; and I want no do not belong to the Republican organization. lucky moment to found a great party of the more blood, no more confiscations. I want | Sir, they have a delegation from Pennsylvania future-a party that would take care of its none of their houses, or their lands, nor any. in the other House, and no one man among founders.
thing that is theirs. From the day that Kirby them of the Republicans stands where that Sir, I confess these hints gave me some anx. Smith surrendered his army to this hour, no Senator stands. In truth, every indication in iety, some alarm for the country. I am among person from the rebel States has asked a favor | that State shows that at least ninety-nine out those who believe in the faith and creed, in the from me that I have not freely given. I mean of every one hundred of the Republicans of motives, objects, and purposes of that political to give act, vote, and thought to elevate, im that State are with Congress. We radicals do organization which made Mr. Lincoln Presi prove, and build up that war-blasted section not belong to the party! I should like to see dent in 1860, which carried the country through of the country. What I say of myself I can, I the party with the radicals weeded out. the fire and blood of civil war, and reëlected am sure, say of the great masses of the State Why, sir, I have not a doubt of the fact that Mr. Lincoln in 1864. I believe it to be a lib I represent. We would build the church, erect in the free States to-day there is not a repreerty-loving and patriotic organization, com the school-house, send the teacher, send capi sentative or a senatorial district in which the posed of the noblest, the truest men of our tal, send skill, do everything to build up the Johnson men can elect a man opposed to Concountry, and that an overwhelming majority war-worn and waste places in the rebel States. gress to their State Legislature without the of the thoughtful, reflecting, conscientious, The Senator from Pennsylvania, as usual votes of Democrats. Here are thirty-nine Bible-reading, and God-fearing men of the with him, was very boastful; he was prophetic. | Republican Senators. How many of them country are in its ranks. Every sentiment I have heard that Senator make predictions are outside of the ranks of the branded radithat great organization has ever breathed has before. I remember that during the late long cals? There are one hundred and forty Re. been for liberty, for patriotism, for justice, || and bloody war that Senator, who opposed | publicans in the House. How many of them for humanity, for the elevation of every be many of the measures advocated by the major are outside of the ranks of the radicals? Sir, ing who breathes God's air or walks His | ity on this floor and sustained by the Adminis you can put all the Johnson men in the Senate earth. I do not claim that its public men tration, often predicted the direst disasters from and House of Representatives on one side of are better than the public men of other par the enactment of those measures. When the one of the street cars on the avenue. They ties who have gone before us or of other parties | confiscation bill was pending he opposed it. could be packed on the front and rear, and that have existed in our time; but the great When the proposition was made to make free they could carry their market baskets, too. masses, the rank and file, the men who give the slaves captured from the rebels in the places [Laughter.] Of one hundred and eighty memthe votes, are swayed and controlled by as our Army should take possession of or who bers they have, perhaps, ten, and they are lofty motives as ever animated the bosom of should come within the lines of our Army, the stronger here, by far, than they are in any humanity. Thus believing, I felt it to be the Senator declared it a disruption of the Union portion of the free States to-day. duty of patriotism and of liberty to labor by and a desecration of the sacred charter of the Sir, let any one of these much reproached day and by night to prevent a rupture and to Constitution. The Senator gave his vote against | radicals start for his home, and from the mopreserve the integrity of that political organi- | that measure recommended by President Lin ment he leaves yonder depot until he reaches zation that held the control of nearly all the coln to aid the loyal States in emancipation; his home he will receive an ovation, hearty States and of the national Government. Ani. and yet he told us yesterday that he sapported | God's blessings, from almost everybody, and he mated by that desire, during the last autumn, the President now, as he did once before, and may travel for days and never hear a word said for six weeks, before vast throngs of men in we had to submit before, and we would have in favor of "my policy' from any party or set Pennsylvania, New Jersey, and New York, I to submit now. The Senator opposed the
The Senator from New York [Mr. maintained everywhere that there need be no repeal of that dark act that blackened the Harris) went home the other day, and I rendifference among us, that there must be no legislation of the country-the fugitive slave ture to say he met nothing but approving smiles rupture, that there should be none.
law. To that measure of humanity, of justice, \ and applauding words from the men who made here in December animated by that spirit, of the organization of labor—the Freedmen's this Administration. There is not one per cent. resolved that no word or act of mine should Bureau-that Senator gave his persistent oppo of the Republicans of New York who do not precipitate a disruption of the great Union sition. To the act allowing the negro to give approve of the votes he has given in this conparty of the country. It was only when the testimony, an act of simple justice, that Sena gress. And when the other Senator from New civil rights bill, the dearest measure I ever
his opposition. To the act to make York the other day gave his vote in favor of yet supported in the twelve sessions I have free the wives and children of the men who the civil rights bill, it brought the instantaneous been here, was vetoed; it was only when the were fighting the battles of the country, that applause of the galleries, and it was repeated 22d of February speech was made and a deter Senator also gave his opposition. In fact, most by the hundreds of thousands of the Union men mination avowed to maintain the President's of the leading measures of the Administration of the great State of New York. So it is with policy against any policy that might be devised of Mr. Lincoln met, as is well known, his stern all these Senators about me and of the memby the Congress of the United States, that I || opposition, and those measures were carried | bers of the House of Representatives. They thought the disruption of the ties that bound || by those of us here whom he then branded as never had so much the confidence, the respect, the President to the great Union party of the radicals, and whom he now continues to brand and the love of the people as they have now, country possible if not probable. as radicals.
and if any one man of them is specially singled The Senator from Pennsylvania said another The Senator told us that he belongs to one out for opprobrium he is from that moment thing, which, as he was replying to some re wing of the party and that we radicals belong | dearer to the people than ever before. marks of mine, I choose to notice now. He to the other. I must say I would like to see Although I do not like to make predictions, spoke of the hate that animated some of our the wing of the party to which that Senator I will venture to say, in answer to what was people. Sir, I can say before my conscience || belongs in the State of Pennsylvania. If he said by the Senator from Pennsylvania and the and
my God' that during these thirty years of belongs to the very tip of the tail of the party Senator from Wisconsin, that in almost every struggle between the irrepressible forces of anti in Pennsylvania I have yet to see it. The Sen State the Republican party is stronger now slavery and slavery in America, I have never ator well knows that during the past three years than it was a year ago. We gave seventy-eight entertained one sentiment of unkindness toward he has had the sturdy opposition of the Repub- thousand majority for Abraham Lincoln and my countrymen of the slave holding States. As | lican press of Pennsylvania and of the Repub Andrew Johnson in 1864 in Massachuseits. I I have gazed upon the graves of neighbors and lican masses of Pennsylvania. I remember, in would pledge my life that we can give one hunof kindred who have fallen in this war, I have 1863, when the contest, so important to the dred thousand majority for impartial suffrage never had a feeling of revenge. I have felt | country, between Judge Woodward, the
in Massachusetts now, and that where we have that this struggle, which was a contest of ideas, sentative of opposition to the war, on the one one Republican against it we have fifty Demoof thoughts, of acts, and of blood, was a logical || hand, and Governor Curtin, who had contrib crats for it. I will make this suggestion to the and philosophical contest. It was a contest uted so much to carry on the war, on the other, | Senator from Pennsylvania-and he and I will between men trained in the spirit of liberty; stirred Pennsylvania to its profoundest depths, remember it when we meet, if we live, in Dethat spirit which embraces in its affections all that the Senator took no part in the contest. cember next-that he will find that not more the children of men of every clime and race; I remember, in 1864, when the contest was than an average of one per cent. of the Repubthat spirit which pulls not the highest down, between Mr. Lincoln, whose friend he now lican party of the country has been led off into but lifts the lowest up, on the one hand, and professes to be, and the nominee of the Chi any stray movements. on the other the dark, malignant spirit of sla cago platform party, he had little voice or Do the Senator from Pennsylvania and the very, which shrivels the mind and debases the counsel to give, except very severe criticisms Senator from Wisconsin believe that they can
go to the country-appeal to the Republicans | Senator and by the Senator from Pennsyl- of Mr. Lincoln selected Mr: Underwood and to elect Representatives or elect Legislatures vania over us is to be won by coöperation Mr. Segar to represent the State in the Senate against us? They will not elect, in the free with the men who stood on the Chicago plat- | of the United States. Both of these gentlemen States, a single Republican against us, unless form in 1864, pronounced the war a failure, now are and have been devotedly loyal to the they do it with the aid of those who are ever and denounced Abraham Lincoln as a tyrant. Union. Of the delegation of eight members opposed to us. I say to our friends in Penn Sir, I know not what we have done that God to the House chosen under the reconstruction sylvania and Wisconsin and everywhere else, should send afflictions upon us.
I know not policy of Mr. Johnson, two signed the secesthat these Senators, who tell us they are fight- || why the hearts of loyal, devoted, and true men sion ordinance and were active rebels during ing within our ranks, mean to go beyond our that have been wrung with anguish doring five the rebellion. Mr. Chandler, of the Norfolk ranks; they mean to make combinations with years of bloody strife should be made longer | district, has ever been loyal. Three only of the the men who stood on the Chicago platform in sorrowfull We put this Administration in | delegation, I am assured, can conscientiously 1864, and with the traitors whose bayonets power. We took Mr. Johnson, placed him on take the prescribed oath. The three judges of were in front of our legions in the rebel States. the ticket with Abraham Lincoln, when he had the court of appeals, recently appointed by Without that countenance and that support, not a vote in America to give us. We did not Governor Peirpoint, and sixteen judges of the there is nothing of them, and can be nothing | nominate him because he would give us strength | circuit court were active rebels to the end of the of them. Sir, how is it with Wisconsin? One or power. He had proved true to the country One only of the nineteen judicial nomi. paper there, started within a few weeks, sup when his State, section, and political friends | nations made by Governor Peirpoint was a loyal ports the policy advocated by the Senator from || proved false; he rendered service to the coun man, and he was rejected by the Legislature, Wisconsin. The Legislature, with scarcely a try, and we recognized it. We had hundreds | receiving only nine votes. Every State officer dissenting vote among the Republicans, have of able men in the field and in the civil coun elected by the Legislature of Virginia at its spoken in condemnation of their Senator, and cils, but we passed by them and nominated recent session was an active rebel. No Union asked him to resign his seat.
him. We put aside the ever faithful Hannibal man stood any chance whatever to receive any Mr. HOWE. With the leave of the Senator, || Hamlin, by the votes of his own New England, office at the hands of that Legislature. I should like to correct him on one point. He to nominate Mr. Johnson. We put this Admin North Carolina was organized by the election does not quite do justice to the Union party of istration in power, and it went into power to of Governor Worth, a rebel, over Governor Wisconsin. He enumerates one paper there do precisely this: to put down this rebellion; || Holden, professedly loyal, the election of a that supports the policy of the President and to cement the Union ; to put down slavery, to Legislature that elected two United States of my colleague and of the Senator from Penn exterminate it root and branch; to make the Senators who cannot take the required oath, sylvania. I believe there is no Union paper bondmen citizens of the Republic, and clothe | and by the election of an unbroken delegation of that kind. There is a paper which was them with the rights of manhood. Sir, I say of disloyal men to the House of Representastarted a few weeks ago, and I suppose it is the to the Senator from Wisconsin, who talks so tives. South Carolina was reconstructed by one alluded to by the Senator from Massachu much of suffrage, that one year ago, after the the election of Mr. Orr, a disloyal civilian, setts, which supports the person of the Presi surrender of Kirby Smith, it was in the power over Wade Hampton, a disloyal soldier; by dent and of my colleague very actively; but I of the Administration to impose just such terms the election of Perry and Manning, identibelieve it has never ventured to support their as it believed the good of the country required fied with the rebellion, to the Senate of the policy. It regrets the defeat of the Freedmen's upon the rebel States. They were defeated, United States, and a delegation to the House Bureau bill and the defeat of the civil rights conquered, humiliated. They expected some of Representatives, none of whom can take bill.
punishment for their crime of treason. They the oath, unless it be Governor Aiken. Mr. WILSON. I am much obliged to the expected the bondmen would be put under the Reconstructed Georgia sends the rebel vice Senator for the correction he has made. Then protection of just and equal laws. Many of president, Alexander H. Stephens, and the it appears that none of the old journals of the their leading men not only expected suffrage, unrepentant rebel, Herschel V. Johnson to party sustain “my policy'' or support the Sen but were ready for it. A systematic effort was the Senate, and an entire delegation of traiator from Wisconsin, (Mr. Doolittle.] We made last spring to tone down the sentiment tors to the House of Representatives. Unreall know that that Senator is a gentleman of of the country. Sir, had the Administration pentant rebels reorganized the government talent and personal character, for whom we seized that glorious opportunity we could have of Florida, elected a disloyalist for Governor, have great respect. It is a great thing for a established impartial suffrage; we could have one Senator and her Representative, and sent. people to pronounce against such a Senator | proclaimed universal amnesty; these seats Governor Marvin, a loyal man, to fill the term or to pass a vote asking him to resign his seat. would have been filled; and law and order, that expires on the 4th of March next. Judge It requires an immense pressure coming from harmony and peace, would have reigned all Marvin was elected Senator for that brief the body of the people, and can only come over the country.
period as a matter of policy, but he has not from men actuated by the purest motives and But the Senator from Wisconsin told us that the shadow of a chance for reëlection. Reloftiest purposes;
The fact that it is done is this Administration was pursuing precisely the constructed Alabama made Robert M. Patton, only another evidence of the depth and strength | policy of Mr. Lincoln. I deny it altogether. a bitter secessionist, Governor, and elected of the feelings of the people in favor of giving || Mr. Lincoln organized Tennessee by the loyal Lewis E. Parsons and George S. Houston Senequal, universal, and impartial liberty to the men of Tennessee. Traitors had to take the ators of the United States, although it was four million men whom we have made free by || back seat. He organized Louisiana by the loyal admitted that they could not take the prethis war. I tell you, sir, if there be one thing men of Louisiana, although their numbers were scribed oath of office ; Langdon, a bitter rebel; down deep in the heart and soul of the Amer not many. In the State of Louisiana they made Freeman, a colonel in the rebel army ; Battle, ican people, it is the purpose to see that these a constitution emancipating slaves, leaving it brigadier general in the rebel army; and two poor bondmen are free in fact as well as in to the Legislature to fix suffrage; established other secessionists, one of whom was a mem
They remember that Abraham Lin nine hours as the measure of time of a day's || ber of the rebel congress, to the Congress of coln, in his immortal proclamation of emanci- || work, and they made liberal provisions for the United States. pation, pledged the faith and the power of the education. They made one of the most liberal Reorganized Mississippi elected General Government to make them free. They have constitutions ever framed in America. Our Humphries, of the rebel army, Governor over passed a constitutional amendment clothing us friends told us that their Legislature would give | Mr. Fisher, supposed to be partially loyal; with full powers to make them free; and they | suffrage, and the moment we had the relations Governor Sharkey, who may be able to take have resolved upon it, and they will not be restored here that suffrage would come to the the oath, and General Alcorn, of the rebel baffled. They have vowed it on bended knee freed people. Some of us thought so, and if service, Senators of the United States; Colbefore Almighty God. I tell the Senators we had admitted them and the war had con onel Reynolds, of the rebel army, Mr. Pierfrom Wisconsin and Pennsylvania that it is that tinued, I do not doubt it would have been so. son, Mr. Harrison, and Mr. West, so commotive animating the heart and impelling the What is the result under this Administration ? promised by the rebellion that they cannot action of our people that makes them doubtful || They have elected two Senators in place of the take the oath of office, and Mr. Peyton, a of the policy of the President. It is no hostil men elected by the Legislature under Mr. Lin consistent Union man, to the House of Repreity to the President; it is no personal hostility coln. They have elected five Representatives, sentatives. to the Senator from Wisconsin, for I think he all of them rebels. Not one of them can take Louisiana, reorganized under Mr. Lincoln is among that class of men who would excite the oath. All their State officers are rebels. || by her few loyal men, passed under the policy personal hostility as little as almost any man Tennessee, Arkansas, and Louisiana were of Mr. Johnson into the hands of her leading I know,
organized under Mr. Lincoln by the loyal men secessionists. Her Legislature, pronounced The action of the people of Wisconsin in re of those States. They went for freedom. They | by Governor Wells in a recent telegraphic gard to the Senator is the most striking evi- || adopted a progressive policy; not so fast as we dispatch to the President to be in favor of redence of our time of the love of the people for desired, nor so far, but still it was all in the right | actionary measures, elected Mr. Hunt and Mr. liberty, justice, and humanity. Does the Sen direction. Some of us thought it would be safe Boyce, who registered themselves when Genator expect to go before these people and have to admit their Senators and Representatives ; eral Butler had command of New Orleans as them reverse their action? Does he believe others thought otherwise. I am content with enemies of the country, United States Senahe can elect a single member to Congress from the result. But what has been the organiza- | tors, to crowd out Mr. Hahn and Mr. Cutler, that State by the votes of the Republicans who tion under this Administration ? Mr. Lincoln, elected by her loyal Legislature. She elected will support the policy indicated by the Presi with Mr. Johnson's approval, organized the to the House of Representatives, Mr. Martin, dent and oppose the action of Congress? Does States that he organized with loyal men. He a register of voters under the rebel governhe believe he can elect a Representative in his compelled the rebels to take, as Mr. Johnson ment; Jacob Barker, editor of the Advocate, State by Republican votes to the Legislature well said, "the back seats. The Legislature | twice suppressed for disloyalty ; Robert C. that will do it? Every victory won by that clected by the loyal men of Virginia in the days || Wickliffe, of the rebel army, who was captured