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without the formal mode now pursued of seeking his objection to this measure, that we had no is to arise, unless the Cabinet ministers should it by a resolution of inquiry, and that it would power whatever to enforce the attendance of mem- refuse to obey the law. release many clerks now kepi, at large expense, bers of the Cabinet upon the sittings of the House, Mr. BLAINE. I turn the question upon the and employed to answer these calls. Bui these and that the power of expulsion does not extend gentleman himself; suppose they refuse to obey, ideas, il entertained, are without any foundation. to those officers; and that if it did exist against the how are you going to make a case on either That the information could not be obtained with heads of Departments it would have no further ef- | side? any more facility is clear. No Secretary can give | fect than a paper pronunciamento. Now, I would Mr. THAYER. If the power of impeachment verbatim from memory the contents of documents like to ask the gentleman from Vermont whether existeil, I suppose you would proceed under that; on file in his Department, or of accounts and tabu- the power of impeachment would not extend to and in the course of the proceeding the question Jar statements in figures. The scheme would not them?
would arise and be decided. facilitate the business of the House, or relieve any Mr. MORRILL. Undoubtedly, if they were Mr. BLAINE. Do I understand the gentleDepartment from its present labors. guilty of any misdemeanor.
man to maintain that the power of impeachment If we required the attendance, or admitted the Mr. BLAINE. In case of an absolute and con- does not exist ? presence, for instance, of the Secretary of the temptuous disobedience of law, how would it be? Mr. THAYER. I do not say it does not. Treasury, he could not be expected to discharge Mr. MORRILL. If this House or any officer Mr. BLAINE. I say it does. The Constituthe daily routine of his office, and we should have of the Government imposes an unconstitutional reason io copy British precedents still further by obligation or order on any person or officer, he “The President, Vice President, and all civil officers of having an additional Secretary of the Treasury. I would not be bound to obey it.
the United States, shall be removed from othee on impeachThere could be no diminution of clerks, for an Mr. BLAINE. But the law, if passed by a ment for, aud conviction of, ireason, bribery, or other high equal force would be requisite to supply the facts
crimes and misdemeanors." concurrence of the House and Senate, and ihe and figures in detail for the use of the talking approval of the President, would be obligatory Now, if an absolute and contemptuous disreSecretary as are now needed to furnish the pres- upon the members of the Cabinet. Now, does the gard and defiance of law does not constitute a misent officer before he can communicate to Congress | gentleman from Vermont assume the ground that demeanor, what does ? answers to resolutions.
a member of the Cabinet might refuse to obey the Mr. THAYER. That depends entirely upon The more heads or chiefs that may be created law until a judicial test was had as to its consti- the constitutionality of the law. for any service the more numerous will be the tutionality
Mr. BLAINE. Precisely. subordinates. Civilians, as well as military men, Mr. MORRILL. I take the ground that neither Mr. THAYER. That is the very question in magnify their offices and feel honored by the ex- this House, nor Congress itself, has power, by controversy: tent of their commands. It can hardly be doubted the Constitution, lo compel the attendance of Mr. BLÁINE. Now, let us see whether this that, instead of lessening the number of employés, | members of the Cabinet on this floor.
process of impeachment extends to these Cabinet it would increase them. As a matter of economy, Mr. BLAINE. That is begging the question || officers. The Constitution says all" civil officers” then, the scheme should be rejected. entirely.
may be impeached, and members of the Cabinet It may be suggested that by the change pro- Mr. MORRILL. And I submit that there is are distincily recognized as “civil officers" in posed we should have an open, face to face, com- no power under the rules of this House, as now another provision of the Constitution. The genmunication with the heads of the Executive De- || adopted, by which we could compel the attend- lleman from Ohio (Mr. Schenck] wants to know partments, instead of a clandestine, secret, and ance here of those parties.
whether I consider the Secretary of Wara "civil suspicious one. I must deny the covert allega- Mr. BLAINE. I undertake to say that if this officer." (Laughter.] I do not consider that a tion. By the Constitution it is provided the Pres- measure should receive the vote of the Senate very civil question. (Laughter.] ident, not the Cabinet, “shall 'from time to time and House of Representatives, and the approval Mr. WILSON. I would ask the gentleman give to Congress information of the state of the of the Executive, it would be a law, and that, from Maine how the question is to be settled by Union, and recommend to their consideration such until authoritatively decided, would be binding; the judicial departmeni of the Government. measures as he shall judge necessary and expe- the members of the Cabinet would be bound by Mr. BLAINE. It is to be determined by the dient," and this he does ihrough the Secretaries it as much as you or 1, or any other citizen, would power of impeachment. The Constitution proannually, and oftener, when necessary, through be bound by any other law upon the statute-book. vides that civil officers of the Government may their reports made to him and communicated by Mr. MORRILL. I do not think the question be impeached, and each head of an Executive him to us. The Secretary of the Treasury, re- which the gentleman from Maine proposes has Department of the Government is subject to imports to us because of law to that effect and be- || very much relevancy to the matter. So far as I peachment. cause we hold the purse-strings of the nation. can learn what his views are, I agree with him Mr. WILSON. I understand that; but how The option in the law allowed us to require it to that the Supreme Court of the United States is in relation to the constitutionality or unconstitube done in person, but this the House has never the ultimate expounder of all our laws. I think tionality of the law? Suppose the head of a Derequired and never permitted. All these reports it rests with the gentleman from Maine and those partment should decline to appear in this House, are at once printed and promulgated to us and to who advocate his side of the question to show and proceedings intended to result in an impeachthe world. They are open to our scrutiny and that there is any authority in the Constitution to meni of him should take place, how would the the criticism of ages. The President speaks by pass such a law; and if he cannot show that, I constitutionality or unconstitutionality of this act his own authorized Secretaries. The responsi- || ihink he had much better vote against this meas- of Congress be determined ? bility cannot be shirked. The new scheme, how- ure than to undertake to show here how an un- Mr. BLAINE. I will answer that question by ever, would tend in the direction of making these constitutional law can be enforced.
putting another. officers responsible to the House, and to that ex- Mr. BLAINE. I did not rise to discuss the Mr. WILSON. Oh, no; answer my question. lent relieving the President. If the Secretaries general merits of the question at this time; but I Mr. BLAINE. Suppose you impeach any were of great force of character they would make understood the gentleman to make the specific other civil officer anywhere for disobedience of the House bend to their will. If they were weak point that if Congress passed this measure, the law, how will you determine the constitutionality they would become the tools of a faction, or of members of the Cabinet could snap their fingers of the law that is disobeyed ? some artful demagogue. But the idea that any in the face of this House, and there is no power Mr. WILSON. Well, take any other civil Jess of secret and suspicious influence would be here to vindicate the authority of Congress. officer. I come back to the same question. exerted when ampler opportunities of constant Mr. MORRILL. I still maintain that there is Mr. BLAINE. I put the same question to the intercourse should be offered, hardly requires se- no power in the Constitution, and no law which gentleman. rious refutation.
now exists, by which you could compel them to Mr. WILSON. Answer my question. Mr. Speaker, I have thus presented some of the be present; and that if you pass this law the Exec- Mr. BLAINE. It would be done in this case objections to the admission of the President's Cab- || utive may execute it or not, of course at their own through the same medium, the same instruments inet to seats in this House and to me they appear || peril.
ality that is applicable to any other civil officer. insuperable. However lamely presented, I feel Mr. THAYER. I would ask the gentleman Mr. WILSON. What is that? confident the House is in no greai danger of reach- from Maine how the constitutionality of the law Mr. BLAINE. I would be very glad to hear ing a wrong conclusion, as all parties have an is to be cried if it is violated ?
it from the chairman of the Judiciary Committee. equal interest in the maintenance of its character Mr. BLAINE. And I would ask if the con- Mr. WILSON. If the gentleman will pardon and privileges. It will retain with most respect- stitutional lest could not be applied to this law me, did I not understand him to say that this ful aitachment its ancient usages and bar out all as it is to any other law? We have documents question must be decided by the courts of the attempts to undermine its constitutional independ- brought in here upon almost every question to country? ence. It will not seek obedience where it has no prove that a pending measure is unconstitutional, Mr. BLAINE. By no means. I maintain that power to enforce its commands. It will never and it is proved over and over again, and yet in a member of the Cabinet who is made amenable consent to dim either in form or substance the defiance of that we go forward and pass the to a law has no more right to decide that that law luster of its republicanism; and, conscious of hav- measure into a law, and until it is passed upon is not constitutional than you or I have. ing been created and elected to represent the people by a judicial tribunal it is binding; and the argu- Mr. WILSON. Then I make this suggestion: only, separated by fundamental law as well as by ment of the gentleman from Verniont is that this suppose a Cabinet minister under the provisions all our most revered traditions from executive is an exception to all law.
of this law should withhold his attendance here, alloy, it will not debase its original standard, no Mr. THAYER. I do not think the gentleman and proceedings should then be commenced lookmatter whether the solicitation comes from within understood the force of my interrogatory. I un- ing to impeachment, and that he should insist or without.
derstood the gentleman to reply to the sugges- that the law is unconstitutional; what tribunal is Mr. COX obtained the floor, but yielded to tion of the gentleman from Vermont in regard to to determine that question?
Mr. BLAINE, who said: I desire to ask the the obedience which is to be given by the mem- Mr. BLAINE. 'I ask the gentleman the same gentleman from Vermont a question, which I did bers of the Cabinet to an unconstitutional law, if question. I say that the process of impeachment not like to address to him during the progress of || this law is passed, by saying that they would be is as applicable to Cabinet ministers as to all other his speech, for I always dislike to interrupt a bound to obey it until it was pronounced uncon- officers. The House presents the articles of imgentleman in the course of his remarks. Tun- stitutional. I ask the gentleman from Maine how peachment, and the Senate tries them. That is derstood him to maintain, as one cssential part of l] the opportunity to pronounce it unconstitutional the whole of it.
I only rose to reply to that single remark of the gentleman from Vermont, and I will say.in closing, as I said at the commencement, that the power to enforce this law when once enacted is just as ample as the power to enforce any other Jaw.
Mr. COX resumed the floor.
Mr. GRINNELL. Will the gentleman give way for a motion to adjourn?
Mr. COX. I yield for that purpose.
Mr. GRINNELL. Inasmuch as the Cabinet are not expected here this evening, I move that the House do now adjourn.
The motion was agreed to; and thereupon (at four minutes to four o'clock, p. m.) the House adjourned.
EXECUTIVE COMMUNICATIONS. The VICE PRESIDENT laid before the Senate a letter of the Secretary of the Interior transmitting a copy of the supplemental report of the chief engineer of the Washington aqueduct, showing the condition of the work and the present state of the appropriations authorized and provided for by the act of July 4, 1864; which was referred to the Committee on Public Buildings and Grounds.
He also laid before the Senate a report of the Secretary of War in answer to a resolution of the Senate of the 17th instant calling for muster rolls of such of the regiments as have been raised in the State of Maryland in the present war which were composed in whole or in part of those who were at the time of their enlistment or draft slaves; which was ordered to lie on the table, and be printed.
He also laid before the Senate a report of the Secretary of War communicating, in answer to a resolution of the Senate of the 25th instant, information in relation to the appointment of a commission in each of the slave States represented in Congress "charged to award to each loyal person to whom a colored volunteer may owe service a just compensation;" which was ordered to lie on The table, and be printed.
He also laid before the Senate a report of the Secretary of Warcommunicating, in answer to the resolution of the Senate of the 224 of December, 1864, a report of the Adjutant General in relation to volunteers called out in the State of Delaware for thirty and for one hundred days; which was ordered to lie on the table, and be printed.
CREDENTIALS PRESENTED. Mr. RIDDLE presented the credentials of Hon. WILLARD SAULSBURY, chosen by the Legislature of the State of Delaware a Senator from that State for the term of six years, commencing March 4, 1865; which were read, and ordered to be filed.
MESSAGE FROM TIIE HOUSE. A message from the House of Representatives, by Mr. McPherson, its Clerk, announced that the House had passed without amendment the bill (S. No. 384) to amend an act entitled “An act to amend and extend the charter of the Franklin Insurance Company," approved the 20 of March 1838; and also that the House had passed a joint resolution (H. R. No. 142) tendering the thanks of Congress to Major General Philip H. Sheridan and the officers and men under his command; and a bill (H. R. No. 705) for the relief of collectors and surveyors of the customs in certain cases; in which the concurrence of the Senate was requested.
PETITIONS AND MEMORIALS. Mr. SPRAGUE presented resolutions of the Legislature of the State of Rhode Island in favor of the passage of the joint resolution submitting to the Legislatures of the several States an amend. - ment to the Constitution of the United States abolishing slavery; which were ordered to lie on the table, and be printed.
Mr. GRIMES presented a petition of chaplains in the Navy of the United States, praying that the law regulating their pay may be so amended as to give them the pay of the line otticers with whom they rank; which was referred to the Committee on Naval Affairs.
Mr. CLARK presented a memorial of Swee- / just reported by the Senator from Vermont. It ney, Rittenhouse, Fant & Co., praying that their is a matter of very deep interest to the commuclaim reported upon adversely by the Court of nity generally to have the railway completed to Claims January 23, 1862, may be referred back which the bill refers. to that court for a rehearing; which was referred The VICE PRESIDENT. The Senator from to the Committee on Claims.
Kentucky asks the unanimous consent of the Mr. WILSON presented the petition of Josiah Senate to proceed to the consideration of the bill Copeland, praying an extension of his patent for just reporied by the Senator from Vermont. Is an improvement in boot crimps; which was re- there any objection? ferred to the Committee on Patents and the Pat- Mr. COWAN. I object. I want to read the ent Office.
bill first, and see what it is. He also presented the petition of Josiah M. The VICE PRESIDENT. Objection being Read, praying for an extension of the patent for made, the bill must go over under the rules. an improvement in boot crimps to Josiah Cope
BENJAMIN VREELAND. land; which was referred to the Committee on Patents and the Patent Office.
Mr. ANTHONY. I am instructed by the He also presented the petition of boot manu
Committee on Naval Affairs, to whom was refactures and crimpers of Boston, praying for an
ferred the petition of Benjamin Vreeland, prayextension to Josiah Copeland of the patent known
ing to be allowed the difference of compensation as Read's improvement in boot crimps, patented
between the pay of an assistant surgeon and that January 20, 1844; which was referred to the of passed assistant surgeon from the date when Committee on Patents and the Patent Office. he was entitled to his examination by law to the Mr. MORGAN presented the petition of citi
date of his passing his examination, to report & zens of Orange County, New York, praying for
bill for his relief. It is a very small matter, and the
passage of a law authorizing the Secretary of I ask for the present consideration of the bill. the Treasury to issue duplicates of United States By unanimous consent, the bill (S. No. 412) for bonds, certificates, and scrip which have been or
the relief of Benjamin Vreeland, surgeon in the may hereafter be lost or destroyed; which was
Navy of the United States, was read twice and referred to the Committee on Finance.
considered as in Committee of the Whole. It He also presented the memorial of William H.
provides for the payment of $449 07, being the Webb, shipbuilder of New York, contractor difference between the compensation of an assistwith the Navy Department of the United States ant surgeon and a passed assistant surgeon from under date of July 3, 1862, for the construction
May 9, 1855, to March 30, 1857. and equipment of the iron-clad screw ram called
Mr. HALE. Is there a report in that case? the Dúnderberg, praying for an additional allow- Mr. MORRILL. I believe the bill touches the ance on his contract; which was referred to the general question of increasing salaries, against Committee on Naval Affairs,
which the Senate has expressed itself so strongly. Mr. HARRIS presented the petition of Jane
Mr. ANTHONY. No, sir. I will explain the W. Nethaway praying for an allowance of back case. There is no written report. Assistant Surpay and bounty due her husband, and the pas
geon Vreeland was ordered to sea about the time sage of an act allowing her a pension; which was
when he was entitled to an examination for proreferred to the Committee on Pensions.
motion. At the time when all the other assistant Mr. FARWELL. I present resolutions of the
surgeons of the same date were examined, he was Legislature of Maine in favor of the abrogation
at sea and could not be examined. As soon as of the reciprocity treaty, with the British prov
he returned he was examined, and the board of inces. As that subject has been disposed of by
examiners testified that he would have passed the the necessary legislation, I move that the resolu- examination at the time when he was entitled by tions lie on ihe table.
law to receive it, but being absent at sea he could The motion was agreed to.
not appear before the board. This bill is to allow Mr. TEN EYCK. ! present the memorial of | time when he ought to have been examined and
him the pay for the advanced grade between the owners and masters of vessels owned in whole
the time when he was examined. It is in strict or in part by residents of the counties of Hudson and Bergen, in the State of New Jersey, || arisen occasionally, a general law. has been passed
accordance with precedent. As these cases have praying that the act of Congress of February 21, || covering them, but the law was not retroactive 1863, by which those counties of New Jersey
and did not reach his case. were made a part of the collection district of the
Mr. MORRILL. It is a gratuity. port of New York, may be so amended that the assistant collector shall have charge of loading
Mr. HALE. I do not know anything about and unloading vessels to and from foreign ports
the law referred to by the Senator from Rhode
Island, but I know that I have had such cases as and the warehousing of merchandise, and that he
this and the Senate has refused to pay them. The be also empowered to enroll and license vessels in the coasting trade owned in whole or in part
case of young Dr. Suddards, of Philadelphia, I in those counties, and to do such other acts and
recollect, precisely similar to this, and the Senate
refused to make the allowance. I wish that the things as will promote the interests of New Jersey and of the United States. I present also a
bill may lie over until to-morrow, so that I may
look into that law. similar memorial from the city of Hoboken. I
Mr. ANTHONY. I have no objection to that. move that these memorials be referred to the
I am sure that if the Senator examines the case Committee on Commerce. The motion was agreed to.
he will find that the bill is according to precedent,
and that there is a general law now covering such BILLS INTRODUCED. Mr. MORRILL asked, and by unanimous
The bill was postponed until to-morrow. consent obtained, leave to introduce a bill (S. No.
COMMITTEE ON BANKS. 411) to amend an act entitled "An act to incor
Mr. GRIMES submitted the following resoluporate the Metropolitan Railroad Company in the
tion; which lies over under the rule: District of Columbia;" which was read iwice by its title, and referred to the Committee on the
Resolved, That there be added to the standing committees
of the Senate a Committee on Banks and Banking lustituDistrict of Columbia.
tions, lo consist of seven members. REPORTS FROM COMMITTEES.
WAYS AND MEANS. Mr. CHANDLER, from the Committee on Mr. SHERMAN. I am directed by the ComCommerce, to whom was referred the petition of mittee on Finance, to whom was referred the bill light-house keepers in Narragansett bay, pray- || (H. R. No. 677) to amend an act entitled “An ing for an increase of salary, reported adversely act to provide ways and means for the support of thereon, the committee deeming it inexpedient at the Government, and for other purposes,”. apthis time to increase official salaries.
proved June 30, 1864, lo report it back without Mr. COLLAMER. The Committee on Post amendment, and I ask for its present considerOffices and Post Roads, to whom was referred a ation, bill (8. No. 392) supplementary to an act ap- By unanimous consent, the bill was considered proved July 14, 1862, entitled “An act to estab- as in Committee of the Whole. It provides that in lish certain post roads," have directed me to re- lieu of any bonds authorized to be issued by the port it back with amendments. The amendments first section of the act of June 30, 1864, that may are merely verbal, and need not be printed. remain unsold at the date of this act, the Secre
Mr. POWELL. I move to take up the bill tary of the Treasury may issue, under the au
thority of that act, Treasury notes of the descrip
POST OFFICE APPROPRIATION BILL. I feel entirely indifferent what disposition the tion and character authorized by its second section;
Mr. SHERMAN. I move that the Senate pro
Senate make of the motion to reconsider. That but the whole amount of bonds authorized by it ceed to the consideration of the Post Office appro
is all I have to say about it. and Treasury notes issued and to be issued in lieu
Mr. CLARK. I do not know that I understand priation bill. thereof is not to exceed the sum of $400,000,000;
The motion was agreed to; and the Senate, as
distinctly to what examination the Senator from and such Treasury notes may be disposed of for in Committee of the Whole, proceeded to con
Kentucky refers. lawful money, or for any other Treasury notes sider the bill (H. R. No. 659) making appropri- l officer in the case.
Mr. DAVIS. The written evidence of the bank or certificates of indebtedness or certificates of deposit issued under any previous act of Congress; //ations for the service of the Post Office Depart
Mr. CLARK. I understand that there was the and such notes are to be exempt from taxation by || June, 1866. ment during the fiscal year ending the 30th of
written evidence of the bank officer; but did I unor under State or municipal authority. The sec
The bill was reported to the Senate without derstand the Senator to refer to the examination ond section of the bill provides that any bonds amendment, ordered to a third reading, read the
of the money by a stranger ? known as five-twenties, issued under the act of third time, and passed.
Mr. DAVIS. Yes, sir. That bank officer reFebruary 25, 1862, remaining unsold to an amount
marks in the course of his testimony that he saw not exceeding $4,000,000 may be disposed of by
HOUSE BILLS REFERRED.
the money that was then paid by the bank officer the Secretary of the Treasury in ihe United The following bill and joint resolution from to the paymaster being examined by a stranger. States, or, if he shall find it expedient, in Europe, the House of Representatives were severally read Mr. CLARK. The Senator misunderstood the at any time, on such terms as he may deem most i wice by their titles, and referred as indicated be- testimony entirely, I think. advisable. There is a proviso that this bill is not low:
Mr. DAVIS. I think not. At any rate, he to be so construed as to give any authority for bill(H. R. No. 705) for the relief of collectors said that a stranger had his hand on it. the issue of any legal-tender notes, in any form, and surveyors of the customs in certain cases- Mr. CLARK. That was while the officer of beyond the balance unissued of the amount au- to the Committee on Finance.
the Department was counting it out. thorized by the second section of the act of June A joint resolution (H. R. No. 142) tendering Mr. DAVIS. My recollection of the evidence 30, 1864.
the thanks of Congress to Major General Philip is this: that the evidence of the bank officer, in reMr. SHERMAN. It is proper, as this is a bill H. Sheridan and the officers and men under his gard to the money being handled by the stranger, of general importance, that I should state the pur- command-to the Committee on Military Affairs is not clear upon the point whether it was before pose of it. By the act of the last session, approved and the Militia.
or after the deficit was ascertained and announced. June 30, 1864, the Secretary of the Treasury was
Mr. CLARK. It was before. authorized to borrow $400,000,000 on the credit
Mr. DAVIS. Before?
On motion of Mr. MORRILL, the Senate proof bonds to be issued by the United States on the
Mr. CLARK. I think so. ceeded to consider the bill (S. No. 376) to amend terms prescribed by the first section of that act,
Mr. DAVIS. If the proof is that it was bean act entitled “An act to amend an act to incorand he was authorized by the second section to
fore, I think it is just such a case in which the issue, in lieu of $200,000,000 of the bonds authorporate the inhabitants of the city of Washing
paymaster ought not to have relief at all. ized by chat first section, Treasury notes to an
ion, passed May 15, 1820,"approved May 5, 1864. Mr. CLARK. After that, the paymaster took
Mr. MORRILL. I move that it be recom. amouni not exceeding $200,000,000. Under this
it and counted it himself, to ascertain if it was mitted to the Committee on the District of Colaw, perhaps about seventy million dollars have
correct, and then they discovered the loss of the been issued under the first section and about lumbia.
The motion was agreed to. one hundred and twenty-five million dollars un
Mr. DAVIS. The evidence itself is better to der the second section. The Secretary of the
On motion of Mr. ANTHONY, the Senate
establish its contents than any understanding or Treasury desires to avoid the issuing of bonds proceeded to consider the bill (H. R. No. 387) debate between the honorable Senator from New under the first section, to avoid the payment of
for the relief of Solomon Parsons, which had Hampshire and myself in relation to what that interest in gold. He does not desire to increase been reported adversely by the Committee on evidence is. that class of securities at present unless he is comClaims.
Mr. CLARK. The evidence has gone to the pelled to do so. The only effect of the first sec- Mr. ANTHONY. I move that the bill be re- House of Representatives. There is no evidence tion of this bill is to authorize the issue of the committed to the Committee on Claims.
here. I tried to find it. same amount under the second section of that law,
The motion was agreed to.
Mr. GRIMES. It is printed in the Globe. instead of under the first section.
Mr. DAVIS. I do not care what disposition
HENRY A. BRIGHAM. The second section of the bill relates to $4,000,
is made of the motion. 000 of the five-twenty loan which was hypothe
Mr. HARRIS. A bill for the relief of Henry The VICE PRESIDENT. The question is cated for certain purposes in London, and is now A. Brigham was passed by the Senate about a on reconsidering the vote by which the bill was there. llauthorizes the Secretary of the Treasury week ago after a very exhaustive discussion. || passed. to sell those bonds already issued in the market, Subsequently a motion was made by the Senator The motion was not agreed to. rather than to issue new bonds, or to export gold from Kentucky [Mr. Davis) to reconsider the bill. to redeem them. It was sent back from the House of Representa
ENROLLED BILLS SIGNED. I believe this is the only explanation of the bill lives for that purpose; and if the Senator from A message from the House of Representatives, that is necessary. It is only a change of the form Kentucky has no objection, I should like to call | by Mr. McPherson, its Clerk, announced that of security, and does not increase the amount now that up now.
the Speaker of the House had signed the followauthorized by law.
Mr. DAVIS assented.
ing enrolled bill and joint resolution; and they The bill was reported to the Senate without The VICE PRESIDENT. The Senator from
thereupon received the signature of the Vice Pres. amendment, ordered to a third reading, read the New York moves to postpone all prior orders for ident: third time, and passed. the purpose of proceeding to the consideration of
A bill (H. R. No. 677) to amend an act enti. the subject indicated in his motion. MILITARY ACADEMY APPROPRIATION BILL.
tled "An act to provide ways and means for the
The motion was agreed to; and the Senate pro- || support of the Government, and for other purMr. SHERMAN. I move that all prior orders ceeded to consider the motion of Mr. Davis to
poses," approved June 30, 1864; and be postponed, with a view to take up the Military reconsider the vote by which the bill (S. No. 212) A bill (S. No. 384) to amend an act entitled Academy bill. I will state that I should like very
for the relief of Henry A. Brigham was passed. "An act to amend and extend the charter of the much to pass to-day the Military Acadeny bill, Mr. DAVIS. I will merely state the ground Franklin Insurance Company,"approved the 20 and also ihe Post Office appropriation bill, which upon which I made the motion for a reconsidera- of March, 1838. have been lying on our table for three or four tion of the passage of the bill. I feel no particudays, lar interest in it. There was in the testimony in
RETALIATION ON REBEL PRISONERS. The motion was agreed to; and the Senate, as
the case the evidence of a bank officer. That The VICE PRESIDENT. It being near the in Committee of the Whole, proceeded to con
evidence proved the fact that while the dispute | expiration of the morning hour, and there being sider the bill (H. R. No. 621) making appropri
about the counting of the money was progress- no other matter before the body, the Chair will ations for the support of the Military Academy | ing, a third person came in and examined the call up the unfinished business of yesterday, the for the year ending the 30th of June, 1866. package from which the money was lost; but it joint resolution (S. R. No. 97) advising retaliaThe Committee on Finance reported the bill
did not state whether this examination by the tion for the cruel treatment of prisoners by the with two amendments. The first amendment was
stranger, the third person, was before the money insurgents, the pending question being on the to strike out lines thirty-nine and forty of the first
had been counted by the paymaster, or afterward. amendment offered by the Senator from Ohio; section of the bill, in the following words: The testimony of the bank officer was indefi- (Mr. Wade,) and upon that question the SenaFor store-rooms for artillery and small-arms, $25,000. nite on that point. I desired that the testimony lor from Kentucky (Mr. Davis) is entitled to the
floor. The amendment was agreed to.
should be retaken, and that that officer should
make a definite statement on that point. If the Mr. DAVIS. I shall not occupy much of the time The next amendment of the committee was to
examination by the stranger was before the deficit || of the Senate in continuation of the remarks I was strike oul the second section of the bill, in the fol- was ascertained and announced by the paymas. || making yesterday. I had stated the proposition lowing words:
ter, I would not vote for the passage of the bill lo that the law of retaliation existed as an undoubted Sec. 2. And he it further enacted, That section four of give the paymaster relief, because I think that principle of international law, and that the law of chapter forty-five of the public acts of the first session of would be such an act of carelessness on his part, retaliation had its limits was just as certain and the Thirty-Eighth Congress, relating to cadets “ found deficient," is liereby repealed.
in admitting the money to be counted by a siran- as indisputable as the existence of the principle The amendment was agreed to.
ger and a third person, as to preclude him from of that law itself. I read from two American au
asking any relief from the Congress of the United | thorities in limitation of the law of retaliation, The bill was reported to the Senate as amended, Stales. On the contrary, if thul examination by and both of those authorities established this genand the amendments were concurred in and or- the stranger took place after the deficit had been eral principle, that retaliation by death in any dered to be engrossed, and the bill io be read a discovered and announced by the paymaster, Iform could only be visited upon ihose who were third time. It was read the third time, and passed. II would vote most readily for the passage of the bill. Il personally guilty of the offense against national
law for which retaliation was resorted to. I do || legislation on the part of Congress, may execute itary authorities, and that all the obstacle to the not contend myself for the latter or the qualified that law just as he could and to the same extent exchange and to the deliverance from horrible principle of retaliation to the extent that Chan- and rigor with which he might execute it backed | captivity of ten, twenty, or thirty thousand white cellor Kent and Professor Woolsey do. I admit || by any legislation which Congress would adopt. | Union prisoners, was that there were between one that there may be cases in which retaliation by I had furthermore said that the fate and the and two hundred negro prisoners held by the death in some form may be visited upon persons question of our prisoners depended somewhat rebel authorities which they refused to give in who are not individually and personally guilty of | upon two powers. The first is the rebel govern- exchange. the offense for which retaliation is resorted to as ment and authorities that hold them in captivity. Now, sir, I will read an extract from a letter of a preventive.
The second power is that of our own Govern- | General Butler, dated in August last, to the rebel By way ofexample, there is bush whacking now ment, and especially our military authorities, who commissioner for prisoners, Mr. Ould: all over the States that border upon the confed- have the function to exchange for them, and to “I unite with you most cordially, sir, in desiring a speedy eracy. I concede that the bush whackers may be relieve them from that captivity by the ordinary settlement of all these questions, in view of the great sufshot down, and that they ought to be shot down mode to which the civilized earth has resorted and
ferings endured by our prisoners in the hands of your au
thorities, of wbich you so feelingly speak. Let me ask, in without being captured; that prisoners should not resorts for the deliverance of prisoners, and that view of that suffering, why you have delayed eight months be taken from bush whackers at all, because they | is, by exchange. I stated thai I had asked the at- to answer a proposition which by now accepting you adare a lawless set of robbers, assassins, and mur- tention of the Senate to the latter point more than
mit to be right, just, and humane, allowing that suffering derers who ought to be hunted down in that sum- twelve months ago, and I had failed to attract
to continue so long? One cannot help thinking, even at
the risk of being deemed uncharitable, that the benevolent mary form. I concede, further, that if a man is a
any, decided attention to the subject on the part | sympathies of the confederate authorities have been lately bush whacker and our authorities desire to make of the Senate.
stirred by the depleted condition of their armies, and a dean example by way of retaliation, a bush whacker How did this difficulty in relation to the ex
sire to get into the field, lo afieet the present campaign, the may be taken as the subject of that retaliation. | change of prisoners arise? I concede that there
haie, hearty, and well-fed prisoners held by the United
States in exchange for the half-starved, sick, emaciated, But I would qualify that concession in this wise: have been the most revolting and inexcusable cru- and unserviceable soldiers of the United States now lanI would not allow any commanding general by || elties practiced on the part of the rebel authorities guishing in your prisons. The events of this war, if we his own order to determine who was and who toward our prisoners. The picture read by the
did not know it before, have laught is that
northern portion of the Ainerican people alone who kuow was not a bush whacker, and order that man against honorable Senator from Michigan (Mr. HOWARD)
how to drive sharp bargains. whom there was an imputation of being a bush- in a report of a committee thai examined the sub
“The wrongs, indignities, and privations suffered by our whacker thus to be summarily executed. I would | ject a few days since, was one of the most revolt- soldiers would move me to consent to anything to procure require the bush whacker to be tried by a mili- ing that has ever been presented to my mind. I
their exchange, except to barter away the lionor and faith
of the Government of the United States, which has been tary court, and give him an opportunity of dis- have no doubt that thousands and tens of thou
so solemnly pledged to the colored soldiers in its ranks. proving the charge if he could do it, in order to sands of our prisoners have perished in captivity “ Consistently with national faith and justice we cannot exempc himself from that summary mode of exe- || substantially in the mode set forth in the vivid relinquish this position. With our authorities it is a quescution. My friend from Maine (Mr. FARWELL] || picture that is presented in that report. Who
tion of property merely. It seeins to address itself to you
in this form. Will you suffer your soldier, captured in suggests that the Government ought to be re- doomed those unfortunate and brave men to such
fighting your battles, to be in confinement for months rather quired to prove the fact that he was a bush whacker a fate? It was the rebel authorities; but if there than release him by giving for him that which you call a against him. I concede the justice of that posi- was a power, and that power was in their own piece of property, and which we are willing to accept as a tion; but that is not the principle upon which the
man? Government, to redeem and to deliver these un
- You certainly appear to place less value upon your sollaw of retaliation is praciiced in relation to bush- fortunate men from that dreadful fate, and our dier than you do upon your negro. I assure you, much as whackers. The military commandant of the par- Government and our authorities refused to make we of the North are accused of loving property, our citizens ticular section of the country-at least it is so in the deliverance, I ask if the condemnation against
would have no difficulty in yielding up any piece of propKentucky-decides for himself and by himself
erty they have in exchange for one of their brothers or sons our own Government ought not to be as severe who is and who is not a bush whacker; and any
languishing in your prisons. Certainly there could be no as that against the rebel government for bring- doubt that they would do so were that picce of property man that he determines to be a bush whacker he ing them into such a condition?
less in value than $5,000 in confederate money, which is orders to summary execution by being shot. The honorable Senator from Maryland (Mr.
believed to be the price of an able-bodied negro in the inMy own opinion, Mr. President, is that such Johnson) adverted to this subject about the time
“Trusting that I may receive such a reply to the questions mode of punishment might frequently result in that I brought it before the Senate. A cartel for propounded in this note as will lead to a speedy resumpthe murder of an innocent man. It denies to a the exchange of prisoners was established between Lion of the negotiations for a full exchange of all prisoners, man the right of trial. ll with holds from him the the two Governments at an early day. That car
and a delivery of them to their respected authorities, i
have the honor to be, very respectfully, your obedient scrinvaluable privilege of proving himself innocent tel was read yesterday by the honorable Senator
BENJAMIN F. BUTLER, of the charge that is made against him, and with- from Missouri, (Mr. HENDERSON.] It established “ Major General and Commissioner of Exchange.” out any examination, mutual or ex parle, of the the general principle that prisoners should be ex- The correspondence between the two commisfacts of the case, it dooms him to a sudden and to changed by the belligerent parties according to sioners of exchange was reported upon the call a horrible death. In that form I would not, if I the terms recognized and practiced by the present of the Senate; and, if I recollect that correspondcould control the matter, permit any man to be civilized world. It furthermore stipulated that if | ence, it states distinctly that the difficulty, and the punished. I would not consent that any man cither party had an excess of prisoners over the only difficulty, in the way of the exchange of white should be deprived of his life upon the imputation || other, that excess of prisoners should be liber- | prisoners was, that the rebel authorities refused of crime without knowing whai the charge against || ated upon their parole. The rebel authorities have to exchange for negro prisoners. In the remarks him was, and without having a fair and a full contended all the time with distinct emphasis, that | that I made to the Senate on that subject at the opportunity of bringing evidence of his exculpa- the cartel in relation to the release of prisoners || time, I assumed the position that the Government tion from that crime. Retaliation exists only for upon parole was violated by the American au- and the military authorities of the United States one purpose and upon one reason, and that reason thorities. If it was violated by the American | ought to exchange for our white prisoners, even is not vengeance, not justice, but simply by the authorities I suppose they had some very good | if the rebel authorities refused to make a solitary force of the example of retaliation to arouse an- reason for it. But be that'as it may, the difficulty exchange for a negro prisoner. I assumed then other belligerent, who is in the inhuman violation which arrested the exchange of white prisoners that the holding of white Union prisoners in rebel of the laws of war, to a proper observance of those was that the rebel authorities refused to give negro prisons to languish, to be tortured by starvation, laws of war in waging hostilities; and that is the prisoners in exchange for white prisoners. The and to die, did not in any degree alleviate or make only legitimate consideration, in my judgment, Senator from Maryland adverted to the number more comfortable the condition of negro prisoners. upon which the principle can be executed. It is of negro prisoners that were then in rebel prisons. I assumed, furthermore, that if the rebel authorthe reason upon which it is founded in the laws Mr. HOWE. If my friend will allow me, I ities were willing to exchange for any class of of nations.
should like to know what is the authority for the Union soldiers in captivity, white or black, that Mr. President, this law of retaliation is not our statement he has just made, that the difficulty in | exchange ought to be made to the extent that was Jaw. It is not the law of the Congress of the the way of exchanging white prisoners was be- practicable, in order to deliver those who might United States. It is not the law of the President cause the rebel authorities refused to exchange be delivered from the horrors of such a captivity. of the United States. It is the law of nations, colored troops.
I remarked then, as I now remark, that if from that is established by their consent, their practice, Mr. DAVIS. I will read to the honorable Sen- any whim, or principle, or policy, the rebel auand their usage. We have to receive the law as ator in a few minutes some authority on that sub- thorities refused to exchange white prisoners and the nations of the earth have made it; we cannot ject. In the mean time I state that position, and were willing to exchange negro prisoners, the fact modify it; we cannot add to it; we cannot restrict I will sustain it by proof in a few minutes. of their refusal to exchange white prisoners onght or repeal any of its principles or provisions; it I understood, furihermore, that the rebel au- not to have been an obstacle with our military exisis as a code independent of all local legislation thorities were willing to exchange negro prisoners | authorities even to exchanging negro prisoners; by any Government upon earth; it exists as the who had been freed before they entered the Uni- and with much more force and distinctness would common, general law of the civilized world, that ted States Army; they were willing to exchange I contend for the converse of that proposition. has received the sanction of the nations of the negro prisoners whose ownership could not be If the rebel authorities were willing to exchange civilized world.
ascertained; they only refused to exchange negro for the ten, twenty, or thirty thousand white prisThis law may be taken up by the President of prisoners to the extent that those prisoners be- oners, who were in that loathsome captivity, and the United States without any additional legisla- longed to their own people; and they insisted and refused to exchange for negro prisoners, it was tion upon the part of Congress just as it exists, practiced upon the principle of returning those the dictate of humanity, of justice, of magnanimand it may be executed by him; and as some of the negroes to their owners in the confederate States, lity, and of gratitude upon the part of our own members of the Senate have maintained, and I ag- and therefore refused to exchange them as pris- Government to our own brave white men who sent to the position, there is no reason whatever oners of war,
were thus perishing in such loathsome prisonsfor the interposition of Congress in this matter I recollect that the honorable Senator from it was the duty of our Government to those brave at this time. So far as the law of retaliationcxisis, Maryland stated near a year ago, when the sub- men, who were thus suffering martyrdom by all 80 far as it may be legitimately executed, it is to ject was up before the Senale, in debate, that there the horrors of starvation, to deliver them at once be decided by the law of nations, and the Presi- were only between one and two hundred negro from such a wretched fate. dent of the United States, without any ancillary prisoners then held in captivity by the rebel mil- But what says General Buller? “The faith of
our Government is pledged to the negro soldiers." ||tion, and especially it had no right to maintain filling an unknown grave in a distant land, they I understand that faich to have been, “ We will that position so persistently, so obstinately, and would be cheering and sustaining and blessing not enter into exchange with the rebel authorities so inflexibly as to suffertwelveor eighteen months
their own homesteads and their own families. for white prisoners, unless they will agree at the to expire without a general exchange of white
rebel negro prisoners." if way to have
if second to that, I view with repugnance, conI understand the difficulty, why the exchanges sands of the best and bravest men of our land to demnation, and execration, the heartless, cruel, for white prisoners did not proceed. Why, sir, || perish by starvation.
and unjust indifference of our own authorities tosuppose the rebel authorities had been willing to A friend of mine came from Libby prison two ward the fate of these perishing, brave men. exchange for all white prisoners, except those or three months before the close of the last ses- I never heard it controverted before this occafrom Tennessee, or any other State, would their sion of Congress, and he informed me that he had sion that the great difficulty in the way of exobjection and refusal to exchange for that class been in that prison thirteen months, that in that | changing white prisoners with the rebel authorof prisoners be any excuse, much less any jus- time there had been upward of eighteen thousand ities was their refusal to exchange for negro tification, to our military authorities not io ex- Union prisoners brought to Libby and to Belle prisoners. On this point I will read again a single change for the white prisoners that they were Isle, and that more than six thousand of them had clause from General Buller's letter: willing to make a free exchange for? I contend | perished by exposure, want, and starvation, and “ The wrongs, indignities, and privations suffered by our that this business of exchange was not a matter ihe diseases resulting from insufficiency of food soldiers would move we to consent to anything to procure that interested mainly the rebel government; it and from exposure. We have all seen the report
their exchange, except to barter away the lionor and faith
of the Government of the United States which has been so was a matter that interested principally American of the mortality in the prisons of Andersonville
solemnly pledged to the colored soldiers in its ranks." Union prisoners who were perishing in prison. in the southern confederacy during the summer.
Mr. HOWE. Will the honorable Senator al- All the papers stated that at one time there were What was that faith? What was that pledge? low me to interrupt him for a moment?
about thirty thousand Union prisoners confined What was it but simply this, that exchanges Mr. DAVIS. Yes, sir, with pleasure.
in the prisons at Andersonville, and that in two would not be entered upon by our Government Mr. HOWE. The honorable Senator has just | months, either June and July or July and Au- unless they were treated as prisoners of war with read from a letter of General Butler's, written gust, upward of eight thousand of our prisoners our white soldiers, and unless the exchanges in August last. I should like to know if it was perished in that single place.
should extend to and include negro soldiers as not preceded by a letter from Commissioner I have no doubt ihat at least thirty thousand well as white men? I dissent entirely from the Ould, of the rebel government.
Union soldiers have died from starvation and dis- position that the refusal of the rebel authorities Mr. DAVIS. Yes, sir; but I have not got that case resulting from insufficient food and fromex. io exchange a few thousand, yea all the negroes letter here. posure, from a want of shelter and other protec
in America if they had been in captivity, should Mr. HOWE. I should like to ask the Senator, tion that a sick soldier ought to have, by being || make one moment's delay or obstacle in the exfurther, if it is not within his recollection that the held in these rebel prisons. What a horrid fate change of our white prisoners. The refusal to letter of General Butler, from which he has just The vivid picture read by the honorable Senator exchange negro prisoners did not mitigate the read, was in reply to a letter from Commissioner from Michigan, the other day, from the report of sufferings of those negroes. It made their conOuld, in which Commissioner Ould said that our a committee of the Sanitary Commission, 'I sup
dition no better. It gave them no additional comGovernment had, months preceding that date, pose did not portray it in colors too strong. The forts. It offered them no speedier or earlier deoffered, and repeatedly offered, to make the ex- human heart and imagination recoil from torture. liverance from captivity. Then, when it produced changes, man for man and rank for rank, which | The rack and all the cruel modes of punishing no good fruits to the negro, and resulted in the offer had been steadily refused by the rebel au- and torturing criminals in the dark ages shock wasting, torturing, starving to death of our while thorities, for two reasons, one of which was that the sense of the present age of Christian civiliza- citizens in captivity, why should the latter dread they would not consent to treat colored soldiers tiou; but all of them were not more revolting, consequence be looked upon calmly, with cold in the American uniform as prisoners of war, and were not more horrid, and indeed not so much so, indifference and apathy, in its terrible consummawe must relinquish that preiense as the condition as the punishment of a prisoner by starving him || tion, by our military authorities and they not to exchange, and the other was that before they to death. In my judgment, the most horrible
waive the condition of negro prisoners being also would exchange at all we must agree to parole the death that my reason or my imagination could exchanged? excess of prisoners in our hands.
contemplate would be to be shut up in a dungeon No, Mr. President, I would say and I do say Mr. DAVIS. I do not understand the facts as and there starved to death. The men who can that all the negroes in America should never have the honorable Senator from Wisconsin has stated doom prisoners to such a fate are monsters, and been one iota in the way of or an obstacle to the them. I understand the position of the rebel gov- any punishment of the guilty who do this decd free and prompt deliverance of our unfortunata ernment to have been this; that their authorities that would promise to reform or restrict or cur- white soldiers from captivity. It is for that reawere willing to enter into an exchange of prison- tail in any degree the horrid sufferings of our brave son that, although I denounce and censure and ers on the terms of the cartel agreed upon between and unfortunate soldiers who are prisoners in the abhor the cruelties of the rebel authorities that the two Governments, that the rebel authorities enemy's hands, I would be willing to resort to. doomed our brave men to such a dreadful fate, I were willing to execute the agreement in the car- But, Mr. President, what liberality, what mag-condemn with equal decision and with equal intel for the exchange of prisoners between the two nanimity, even what justice toward our poor un- dignation that heartless policy of our military Governments.
fortunate prisoners, had our Government a right | authorities which permitted those brave men Mr. HOWE. Yes; and the Government of the to expect at the hands of these rebels, these crim- there to remain and thus to perish. I like to hear United States refused to carry out that cartel, for inals? None. They are engaged in a conflict of the thunders of the denunciation of my eloquent the reason that the rebels had violated in num- war, deadly, savage, desolating, almost without and able friend from Michigan in condemnation berless instances the paroles given by their prison- an example in modern times. But here is our of the cruelties of the rebel authorities; but here ers, and therefore we refused to take paroles any own Government, which is charged with the fate is a double cruelty; here is a cruelty, an apathy, longer.
of our brave but unfortunate captives in rebel a heartlessness, a devotion to an abstraction and Mr. DAVIS. But I understand the position of prisons. These men, the soldiers of our Repub- a mischievous error on the part of our own authorour authorities--and it is stated substantially by l lic, had volunteered to bear aloft the flag of our ities, that has resulted in the great destruction of General Butler in the correspondence to which I country and to sustain the Union and the author- the health, of the happiness, of the hopes, and have referred-to be that they had pledged their lity of the United States within all the borders of even of life to all those prisoners of ours that have faith and honor to the colored soldiers that no the United States. When those men were so un- died in rebel prisons. I insist, then, that conexchange of prisoners should take place with the fortunate as to be captured, and especially when demnation ought to extend to our own authori. rebel authorities unless the exchange included the direful misfortune of being lodged in such ties also. negro prisoners as well as white prisoners. I || prisons as Libby, Belle Isle, Andersonville, and Sir, we have even heard the proposition ad. may be misinformed; I may have read the papers others equally horrible, was brought upon them, vanced that exchanges ought now to cease because inaccurately; and if so, I should like to be cor- I ask if every, principle of humanity and justice our prisoners are in an emaciated and unhealthy rected; but I understand our Government to have and policy did not require that their own Gov- condition, while the rebels are in a healthy and assumed and steadily and inflexibly to have main- ernment should exhaust every means to deliver hale condition, and will if exchanged go into tained the position that it would enter into no them from their dreadful condition.
their armics, and fighting behind fortifications one exchange of prisoners unless the rebel authorities I ask you, sir, and I ask the Senate, if the re- man of them will be equal to four of ours. For would agree to treat negro soldiers just as white fusal of the rebel authorities to exchange for a few that reason we have been told that exchanges prisoners, and enter into their indiscriminate ex- hundred negroes was any justification, any ex- should not take place any more during this war; change. I understand General Butler to have cuse, any palliation even, for our military author- and nobody is able to determine or to predict stated this pledge to Commissioner Ould as one ities in not exhausting every means of exchange when the war will close! Sir, I utterly repudiate reason at any rate why the exchange for while or parole and any other mode whatever by which that position. I do not care what advantage in a prisoners had not proceeded.
these brave and perishing men might be delivered military point of view the exchange of our prison. I stated at that day and at an earlier day that from their horrible captivity and its inevitable ers would give to the rebel armies or to the rebel this would be one of the ills and evils resulting | death. I say to-day that if the subject of exchangos | power. The simple, single inquiry is, what does from the enlistment of negro soldiers into our had been taken up honestly, earnestly, and in good ihe obligation under which our Government lies armies; that there would be disputes and ques- faith by our Government and our military au- toward our brave soldiers (who are in captivity Lions about the exchange of negro soldiers which thorities eighteen months ago, more than twenty in loathsome dungeons where they are starving could not be satisfactorily adjusted with the rebel thousand gallant and true men who have died in to death and enduring such horrid tortures) reauthorities, and that those diificulties would pre- these dreary prisons would have been restored to quire from our Government toward those men? vent, hinder, or defeat the exchange of white pris- their country, their friends, their families; and Not that exchanges shall cease, not that exoners, and would condemn our while citizens to with all the comforts of home and all the atten- changes shall be further postponed until the remain in these prisons where they were gradu- tions of mother, wife, and daughter which they negro is exchanged, but to go forward 10-duy, ally starving to death. In my judgment our Goy- would have received, they might ere this have to-morrow, whenever you can, with any class of ernment had no right to assume any such posi- || been restored to health, so thai now, instead of our white soldiers, any number of them, without