WASHINGTON, May 16. – SENATE – Mr. TRUMBULL moved to strike out the 1st section which he said was merely to lighten the punishment of treason and was unconstitutional. He contended that this was not a confiscation bill at all. – He claimed that Congress had the power to take the property of a rebel and his life in war, but cannot bring him into court and take his property and life , under the Constitution, which provided against attainder and the taking of the property of the traitor from his heirs – yet the first section proposes as a punishment for treason to take the property of the rebels forever.
After further discussion,
Mr. DAVIS moved to amend the first section by striking out all the clauses freeing the slaves and to add a provision for the imprisonment at hard labor for not less than five nor more than twenty years.
Mr. DAVIS said he had no objection to the confiscation of slaves, if they were treated like other property, and the proceeds put into the Treasury.
Mr. CLARKE asked if Congress could allow a horse to go free if it were confiscated.
Mr. DAVIS thought not. He thought it the duty of the Commissioners to appropriate property or use it. He (Davis) said that the legal definition of forfeiture implied that you must take the property and use it.
After further discussion, Mr. Davis’ amendment was rejected, ayes 7, nays 31.
The question then recurred on Mr. Trumbull’s motion to strike out the first section.
Mr. LANE, of Kansas, thought it would be better to offer the original as a substitute, and not attempt to resuscitate the bill. He (Lane,) was in favor of the original bill but if the Senate was determined to have this bill, he wanted to take it as it was. Mr. Trumbull’s amendment was rejected, ayes 10, nays 29.
Mr. HOWARD moved to strike out the second section, which provides for the forfeiture of property and the freedom of the slaves of those who incite, engage in, or aid in the insurrection against the United States.
He spoke at some length against this section of the bill as simply mitigating the punishment of treason. The second section was amended by inserting by imprisonment not exceeding ten years also as to make it forfeiture and imprisonment, both at the discretion of the court.
Mr. HOWARD’S amendment was rejected, 33 against 5.
Mr. SUMNER offered a substitute for the bill, which was ordered printed.
Executive session. Adjourned till Monday.
HOUSE. – BEN WOOD had leave granted to print a speech, in which he anathematized Abolitionists, saving their chief desire is to continue the war to emancipation, while an honorable peace was within their grasp.
Private bills were then considered.
Adjourned till Monday.
WASHINGTON, May 19. – HOUSE. – Mr. BINGHAM, from the Special Committee of the House reported articles of impeachment against West H. Humphreys, Judge of the District court of the United States for the several Districts of Tennessee. There are several separate charges in the name of the people of the United States, including gross neglect of official duty, violation of the laws, endeavoring to excite revolt and rebellion, publishing the ordinance of secession of Tennessee to absolve the people of the State from their allegiance to the United States, combining with Jeff Davis and other evil minded persons to overthrow the authority of the United States &c. and demanding that Humphreys may be put on trial to answer to the high crimes and misdemeanors charged against him and that proceedings be taken for his examination and trial as may be agreeable to law and justice. – The report was agreed to.
On motion of Mr. BINGHAM a resolution was adopted appointing five managers to conduct the impeachments and that the Senate be acquainted with the action of the House with the view of the concurrent action.
The House then went into Committee of the Whole, Washburne in the Chair, and took up the Navy Appropriation Bill.
Mr. HUTCHINS advocated the bill heretofore introduced by him to equalize and reduce the present various incongruous rates of the age. He advocated low postage, the money order system and the abrogation of the franking privilege.
The Confiscation bill was taken up and Mr. SUMNER proceeded to speak at length in favor of the principle of confiscation and emancipation of the slaves of rebels and urging the adoption of his substitute for the bill.
Mr. RICHARDSON spoke against legislation which discourages Union Sentiment, while the effect was making to place the negro on an equality with the whites.
SENATE. – Memorials from the merchants of New York and Philadelphia asking for a general bankrupt law were presented.
Mr. GRIMES offered a resolution that the Secretary of War report to the Senate the names of persons appointed to the staffs of the different officers, where now employed, on the staff of what officers and by whose recommendation appointed. Adopted.
Mr. GRIMES introduced a bill for the relief of rebel slaves and others, colored, who recently delivered the rebel vessel, Planter, to Commodore Dupont.
The bill provides that the Planter, with all the crop appurtenances &c., be appraised by a competent board of officers, and that one half the value thereof shall go to Robert Small[s] and his associates who assisted in the rescue of the Planter, with the provision that the Secretary of the Navy may invest in United States stocks. Interest to be paid to Small or his heirs. He bill was taken up and passed.
Mr. WILSON of Massachusetts called up the resolution providing for the presentation of medals of honor to enlisted men who distinguished themselves in battle. Passed.
WASHINGTON, May 19. – HOUSE. – Various new amendments were discussed and adopted.
Forty eight thousand dollars for rent and expenses of the Naval Academy at Newport.
The bill was finally reported to the House and passed. It appropriates about $38,000,000.
Adjourned.
SENATE. – Mr. DAVIS offered amendment to the 3d section which disqualified persons guilty of offenses named in the bill, that such persons also forfeit all claims to citizenship. Rejected, 8 against 28.
Mr. DAVIS offered another amendment providing that all property forfeited by the bill shall be bound by all debts to loyal persons. Rejected 12 against 26.
Mr. POWELL moved to strike out the 11th section, which authorized the President to employ and organize persons of African descent as he may deem necessary to suppress the rebellion. Rejected, 12 against 25.
Mr. HENDERSON moved to strike out the 1st section and insert as a substitute, that any person hereafter convicted of treason shall suffer death or punishment and forfeit all property during life.
WASHINGTON, May 20. – SENATE. Messrs. HARRIS and KING presented petitions from merchants of New York for a general Bankrupt Act.
Mr. WADE presented petitions for an efficient Confiscation Act.
Mr. SUMNER gave notice that he should to-morrow call up the resolution for the expulsion of the Senator from Oregon (Starke).
Mr. McDOOGAL [sic] moved to take up the Pacific Railroad bill.
The Pacific Railroad bill was taken up, by yeas 23, nays 16. But before the ready was finished the morning hour expired and the confiscation bill was taken up.
Mr. DAVIS of Kentucky proceeded to speak at length upon it.
HOUSE. – Mr. BLAKE reported from the committee on Post Offices a bill to establish certain post route and bridge partly constructed across the Ohio River abutting on the Virginia shore to be a lawful structure, a public highway, and establishes a post route for the purpose of transmitting the mails, and that the Steubenville and Indiana railroad Company and the Holiday Cave Railroad Company them, or either of them, are to have maintained and open said bridge, when completed. Draws are to be provided for the passage of boats.
Mr. BLAKE said the bridge would not materially interfere with the navigation of the Ohio River. The bill was then passed.
Mr. COLFAX, from the Post Office Committee, reported back the Senate bill, providing that no person by reason of color shall be disqualified from carrying the mails, with the recommendation that it do not pass.
Mr. COLFAX said that not a single person of any color, from any State, had ever petitioned for this repeal. No postmaster General had ever recommended it. No public opinion demanded it. It could not only allow negroes to be mail contractors, and therefore officers of the Government but Indians and Chinese also. It would impair the security of the mails for in some States blacks, Indians and Chinese are not allowed to testify against whites, and if robbed while in their lands we could not procure legal testimony as now against the robbers and mail carriers. It would also release holding contractors for the employment of slaves as mail carriers for them instead of whites, whom they are now compelled to employ. And money would thus be paid out of our post office treasury, for the labor of slaves which is now impossible. And as this bill could not even indirectly aid in crushing out the rebellion, which he thought the main duty of Congress, or crippling the power which sustains this treasury.
A large majority of the Post Office Committee concurred with him in recommending that it do not pass.
Mr. DAWES referring to an objection stated by Mr. Colfax, inquired by way of an answer whether the latter supposed mail depredations were tried in State or United States Courts, and whether he, himself, did not assist in making the laws.
Mr. COLFAX replied that not being a lawyer he could not fully understand the matter, but he understood that in such cases, the Federal court was governed by the rules of the State in which the trials took place.
Mr. WICKLIFFE approved of the decision of the Committee. He had been informed that this bill had been introduced into the Senate to remove the disability of distinguished men. If the negroes were to be made aliens, we had better carry out the whole programme and in addition to making them soldiers and sailors, we had better throw open the door here and admit them as members of Congress.
Mr. COLFAX moved to lay the bill on the table, but the hour fixed for the consideration of the confiscation bill having arrived, the vote goes over until to-morrow.
Mr. ELLIOT, Chairman of the Select committee, who reported the Confiscation bills, said the war originated in the rebel States, and is carried on by rebel citizens against the Government of the United States. This is precisely the character of the war. Appropriate legislation may soon be demanded concerning the Rebel States. These bills concern the property not the per[sons] of the Rebels and Congress may make the property of the Rebels aid in paying the expenses incurred in crushing the rebellion. The lands owned by the Rebels are used for carrying on the war and their unwilling slaves are made to toil that our Government may be overthrown. Their lands and slaves are made instruments for carrying on the war. Deprive them of these and the war must come to an end and our immense debt balked of increase.
The rebels owe $30,000,000. Every dollar of that debt has been confiscated by their Government – repudiated by rebel debtors to whose honor the constituents of the gentleman trusted. He repeated that as slaves are being used by the traitors they should be confiscated. As the pending bills proposed, these were as much enemy’s property as if they owed allegiance to a foreign power.
Mr. ELLIOTT supported his remarks by legal arguments.
– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, May 24, 1862, p. 4
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