Sunday, February 12, 2012

First Session - 37th Congress

WASHINGTON, May 23. – HOUSE – Evening Session – Messrs. DWIGHT, HOLMAN, BENNETT and SPAULDING, asked and obtained permission to print their speeches.

Mr. LOOMIS advocated confiscation.  It was our duty and right to free the slaves of every rebel.

Mr. ARNOLD maintained that kindness to rebels is regarded by them as an indication of meekness and cowardice.  They must feel our power and respect the majesty of justice in the punishment of their crimes.  It is a war of civilization against barbarism, and slavery must be exterminated.


WASHINGTON, May 24. – HOUSE – Mr. WICKLIFFE rose to what he considered to be a question of privilege, when as it was represented that the civil and judicial power of the District, in the rightful exercise of their power have been obstructed by force, that a military power pretending to act by the authority of the so-called military Governor of this District, by force arrested and imprisoned the Jailor of the Jail in this District, took from him the key of the Jail, imprisoned the deputy Marshal, and released a prisoner, lawfully confined and committed to the said jail by the judicial power of this District, that private citizens called to the aid of the deputy Marshal, were in like manner imprisoned by said military agency, therefore –

Resolved that a committee of five be appointed to inquire into the facts alleged, and such other acts connected with the illegal imprisonment of private citizens, explain the causes and give the reasons of such conduct to the Marshal and Jailor and the judicial acts of the officer concerned and report the same to this House, with a recommendation as to the measures necessary to prevent, in future, such occurrences, and that the committee have power to send for witnesses and examine them upon oath.

The Speaker could not see that this was a question of privilege.

Mr. WICKLIFFE stated that this conflict of jurisdiction might lead to bloodshed.  If liberties of the country are not a privileged question, what are?

The question not being entertained, the House resumed the consideration of the Confiscation bill.


SENATE. – Mr. WILSON of Massachusetts introduced a bill to legalize and confirm an act of the President accepting Volunteers under the act of the 22d of July 1861, and to authorize the acceptance of 200,000 additional under that act.  Referred.

He also introduced a bill to amend the Fugitive Slave Law.

The tax on carriages, yachts, billiard tables, gold or silver plate, and dogs, were struck out.  The tax on steamboats, railroads and ferryboats was amended so as to make the tax on steam railroads 3 per cent. of the gross receipts for passengers.  On horse railroads and ferryboats, 1½ per cent of the gross receipts on all passengers.  And on all bridges 3 per cent of the gross earnings.

The tax on Insurance Companies was amended so as to tax Fire and Marine Insurance Companies 3 per cent on the gross receipts.

Having reached the 108th section the Senate adjourned till Monday.


WASHINGTON, May 24 – HOUSE – Mr. KELLOGG, of Illinois, argued that the right of confiscation was an incident of the war under the Constitution, in civil war and rebellion as well as [to] foreign enemies.  He was in favor of a judicious confiscation bill, especially for the punishment of the leaders of the rebellion.  He maintained that we ought to strip the enemy of his strength and thus augment our own action.  That it will not resort to the most effective means to preserve and insure obedience to its authority is grossly neglecting duty.  The penalty of treason ought to be enforced.

Mr. HARDING said that the wicked course of the rebellion is calculated to arouse the passion and prejudice on the part of Northerner and the danger was that the latter would act from these influences and not with a view to the prosperity and perpetuity of the country. – Emancipation and confiscation would be fatal to the restoration of the government and as yet, there are men here rich enough to try the experiment.  This view of the pending bill he elaborately discussed.

Mr. TRAIN opposed confiscation and emancipation, the former was too sweeping but would receive slaves into the army – any way to suppress the rebellion.

Mr. THOMAS opposed confiscation.

Mr. EDWARDS favored it.

Mr. RICHARDSON opposed confiscation quoting from Mr. Douglas.

Mr. WHALEY favored confiscation.

Recess.


WASHINGTON, May 26 – HOUSE – The confiscation bills were taken up.

Mr. ELLIOTT, in closing the general debate remarked that it was a legal fiction to say those bills were designed to punish treason.  They are designed for no such purpose, but to weaken the power of the enemy to bring about a speedy and permanent peace.  They propose to take from the enemy the instruments of war without which they could not carry on the rebellion six months longer.

Mr. LILEMGER [sic] objected to further debate, inasmuch as he was compelled to print his remarks and had no opportunity to deliver them.  Debate here was useless but our people at home had a right to understand our position for these great questions.

His (Killinger’s) speech would advocate confiscation as a measure for indemnity for the past and as a military necessity for the future.  He was against the passage of an abolition enactment.  Let slavery take care of itself.  While he stood on the Lincoln platform of compensating or colonization, he was against negro worship and negro legislation.  He was opposed to negroes swarming in Pennsylvania and protested against their being supported by Government liberality.

Mr. NOELL obtained permission to print his remarks.

Mr. ELLIOTT resumed his remarks advocating the bills reported from the committee and examined the ending substitute.

The House first voted on ROSCOE CONKLIN’S amendment to the third and fifth clauses of the Select Committee Confiscation bill whose property is to be confiscated namely, provided that such persons shall have accepted their appointment since the date of the pretended ordinance of Secession, [has] taken [an] oath of allegiance to the so-called Confederate States, to any persons acting as Governor of a State, member of Convention or Legislature, Judge, or any person hereafter holding any office or acting under the so-called Confederate States.

The amendment was adopted by 150 against 50.

Mr. MAYNARD’S substitute was rejected, 9 against 135.

Mr. MAYNARD’S amendment was rejected – 9 against 140.

The Confiscation Bill was then passed as reported with Mr. Conkling’s amendment, as above mentioned – yeas 82 nays 62.

The bill to confiscate slaves, reported from the Select Committee, was next considered.

Mr. BLAIR’S colonization amendment and Sedgwick’s amendment giving freedom to all slaves were both rejected, the former receiving 52 affirmative votes and the later 32.

The bill was rejected by 4 majority.

The bill from the Senate for the relief of Robt. Small and others concerned in the delivery of a rebel steamer to our squadron was presented.  The following gentlemen voted against it – Messrs. Culvert, Dunlap, Hardin, Johnson, Kerrigan, Norton, Voorhees, Vallandigham.  Adjourned.


SENATE – Mr. HENDERSON present a memorial from the citizens of South west Missouri, asking protection from guerilla bands.

Mr. WILSON of Massachusetts, from the Military Committee, reported back the bill legalizing the acceptance of 200,000 more troops.

Mr. SUMNER offered a resolution that the Secretary of War be authorized to communicate to the Senate copies of any instructions to Generals in pursuance to the act of August, 1861, setting free the slaves employed against the United States by their masters.  Also, to inform the Senate whether any steps had been taken to make that statute effective.  Laid over.

Mr. HOWE, introduced a bill to aid in restoring order and preserving the public peace within insurrectionary districts.  He referred to the answer of the Mayor of New Orleans to Capt. Farragut, and the Mayor of Norfolk to General Wool and to various letters showing a lack of union feeling at the South, and treason swaggers everywhere, and their armies recruited by decriped [sic] old men, unchristian ministers and malignant women.  Treason struts where it can no longer fight, and loyalty implores where it ought to command.

The bill was referred.

Mr. DAVIS referred to Gen. Hunter’s proclamation and to the bad policy of weakening Banks so as to be whipped by the rebels and he conceived that Gen. Stanton had charge of the army.

Mr. WILSON, of Mich., said the President was responsible for these orders.  The arrest of Gen. McDowell’s progress towards Richmond and all the withdrawals of troops from General Banks was done by the President with the approval of the Secretary of War and various gentlemen and military men.  The President gave a written order that a certain number of men should be agreed upon by the commanders of the different army corps, 20,000 of McDowell’s men were retained and the men withdrawn from Gen. Banks in anticipation of just such a movement as has taken place.  These movements were directed by the President and he is entirely responsible.

Mr. TRUMBULL said he should like to ask if it was not at the repeated and urgent request of Gen. McClellan that the troops be sent to reinforce him.

Mr. WILSON said that he understood that Gen. McClellan was desirous of having these forces and the President sent a part of General McDowell’s forces, and about one third of those under Gen. Franklin to Gen. McClellan.  He (Wilson) thought that the events of yesterday completely vindicated the President for reserving McDowell’s forces.

The tax bill was then taken up.

The tax on telegraph messages was modified to [be] for those less than 20c and the first ten words and 8 cents on those exceeding that. – On insurance policies except life insurance, 25c each.

An amendment was adopted that the act of August last imposing $60,000,000 shall only be held as authorizing the collection of tax of that amount.

The tax on lard and linseed oils was reduced from 5 to 2 per cent. on the gallon.

On the question of reducing the tax from 20 to 15 cents on Tobacco, the Senate adjourned.


WASHINGTON, May 27 – HOUSE – Mr. Potter from the committee on Public Lands reported back the Senate bill providing that the contracts for surveys shall not be binding until approved by the Commissioners of the General Land Office, that the compensation of Registers and Receivers shall be each $5,000 per annum with fees and commissions, &c., the object being to reduce the expenses of the survey and the sale of lands.  The bill was passed.

The Speaker laid before the House a message from the President, briefly referring to the commencement of hostilities and his exercise of the broad power of the Constitution to preserve the Capital of the country during the absence of Congress incidentally.  This he refers to the arrangements with Gov. Morgan, Alexander Cummings, and others, with a view to speedy and efficient protective measures.  By these means he believes the Government was prevented from overthrow.  He has no knowledge that a dollar was lost or wasted.

The President quotes the House resolution censuring Mr. Cameron and says that not only himself but all the heads of departments are responsible with Mr. Cameron for whatever error, wrong or fault has been committed.  The message was referred to the Committee of the Whole on the state of the Union.

Mr. DAWES made an expose of the financial condition of the Treasury to show that Mr. Voorhees widely overshot the mark as to the expenditures, &c.

Mr. VOORHEES spiritedly replied and maintained his former position.

The Speaker laid before the House the following Message from the President.


To the Senate and House of Representatives

The insurrection which is yet existing in the United States and aimed at the overthrow of the Federal Constitution and Union, was clandestinely prepared during the winter of 1860 and 1861 and assumed an open organization in the form of a treasonable provisional government at Montgomery, Alabama on the 18th day of February, 1861.  On the 12th day of April, 1861, the insurgents committed the flagrant act of civil war by the bombardment and capture of Fort Sumter which cut off the hope of immediate conciliation.

Immediately afterward the roads and avenues to this city were obstructed and the Capital was put into a condition of a siege.  The mails in every direction were stopped, and the lines of telegraph cut off by the insurgents and military and naval forces which had been called out by the Government, for the defense of Washington were prevented from reaching the city by organized and combined treasonable resistance in the State of Maryland.  There was no effective organization for the public defense.  Congress hand indefinitely adjourned.  There was no time to convene them.  It became necessary for me to choose whether using only the existing means, agencies and processes which Congress had provided.  I should let the Government fall into ruin, or whether availing myself of the broader powers conferred by the Constitution in cases of insurrection I would make an effort to save it with all its blessing for the present age and posterity.

I thereupon summoned Constitutional advisers – the heads of all the Departments – to meet on Sunday the 20th day of April 1861[at] the office of the Navy Department, and then and there with their unanimous concurrence I directed that an armed revenue cutter should proceed to sea to afford protection to the commercial marine and especially to the California treasure ships then on their way to this coast.  I also directed to commandant of the Navy yard at Boston to purchase or charter and arm as quickly as possible five steam ships for purpose of public defense.  I directed the commandant of the Navy Yard at Philadelphia to purchase or charter an equal number for the same purpose.  I directed the commandant at New York to purchase or charter and arm an equal number.  I directed commandant Giles to purchase or charter and arm and put to sea two other vessels.  Similar directions were given to commander Dupont with a view to the opening of passages by water to and from the capital.

I directed the civil officers to take advice and obtain the aid of efficient service in the matter of his Excellency Edwin D. Morgan, the Governor of New York, and in his absence William Ewen, R. M. Blatcherd and Messrs. Grinnell who were by my direction especially empowered by the Secretary of the Navy to act for his Department in that crisis in matters putting to the forwarding of troops and supplies for the public defense.  On the same occasion I directed that Gov. Morgan and Alexander Cummings of the city of New York should be authorized by the Secretary of War, Simon Cameron to make all the necessary arrangements for the transportation of troops and munitions of war in aid and assistance of the officers of the army of the United States until communication by mail and telegraph could be completely re-established between the cities of Washington and New York.

No security was required to be given by them – either of them was authorized to act in case of inability to consult with the other.  On the same occasion I authorized and directed the Secretary of the Treasury to advance without requiring security two million dollars of public money to John A. Dix, George Opdyke and Richard M. Blatchford of New York to be used by them in meeting such requisitions as should be directly consequent upon the military and naval measure for the defense and support of the Government requiring them to act without compensation and report their transactions when duly called upon.  The several departments of the Government at that time contained so large a number of disloyal persons that it would have been impossible to provide safely, through official agents only, for the performance of the duties thus confided to citizens favorably known for their ability, loyalty and patriotism.  The several orders issued upon these occasions, were transferred by private messengers who pursued a circuitous route to the seaboard cities on land across the States of Pennsylvania and Ohio and the Northern Lakes.  I believe that by these and other [secretary] measures taken without authority of law the Government was saved from overthrow.

I am not aware that a dollar of the public funds thus confided without authority of law to unofficial persons was either lost or wasted although apprehensions of such misdirections occurred to me as objections to these extraordinary proceedings, were necessarily over ruled.  I recall these transactions now because my attention has been directed to a resolution which was passed by the House of Representatives on the 30th of last month which is in these words:

Resolved, That Simon Cameron late Secretary of War, by investing Alex. Cummings with large sums of public money and authority to purchase military supplies without restriction, without requiring him any guarantee for the faithful performance of his duties when the services of competent public officers were available and by involving the Government in a vast number of contracts with persons not legitimately engaged in the business pertaining to the subject matter of such contracts and principally in the purchase of arms [for] delivery has adopted a policy highly injurious to the public service and deserves the censure of the House.

Congress will see that I should be wanting equally in candor and justice if I should leave the censure expressed in this resolution to rest exclusively or chiefly on Mr. Cameron.  The same sentiment is unanimously entertained by the heads of the departments who participated in the proceedings which the House of Representatives has concurred in.  It is due to Mr. Cameron to say that although he fully approved the proceedings they were not moved or suggested by himself, and that not only the President but all the other heads of Departments were at least equally responsible with him for whatever error or fault was committed in the premises.

(Signed.)
ABRAHAM LINCOLN


Two thousand copies of the President’s message were ordered to be printed, and the Message was referred to the committee of the whole.

The House then went into committee on the hospital in the District of Columbia.

A sharp discussion occurred between Messrs, DAWES and VOORHEES.

Mr. WADSWORTH contrasted toe Governors of Kentucky and Massachusetts, saying Kentucky would furnish troops without conditions and fight until all the States are again under the Constitution.

Mr. DAWES replied vigorously for Massachusetts, referring to the past course of his State, saying that Massachusetts will not tire of this war.  She has no blood, no treasure which she will not freely offer.  She will freely give her last man and last drop of blood for a war for Constitutional liberty and freedom.

The Committee rose.

Mr. PORTER moved to reconsider the vote of yesterday rejecting the confiscation of slaves of rebels, pending which the House adjourned.


SENATE – The resolution suspending regiments under the act providing payment for the troops employed in the department of the West, was taken up.

Mr. HENDERSON offered an amendment that the commissioners provided for report within 60 days which was adopted.

A reduction of the tax on tobacco was refused.

An amendment striking out the tax on cotton was adopted, yeas 20, nays 16.

The tax on auction sales was modified to one per cent on merchandise and a tenth of one per cent on bonds, stocks, &c.

Pending a motion to strike out the license on retail liquor dealers, on the ground of Mr. Morrill, he stating that he would vote against the bill if such a section was in it, the Senate adjourned.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, May 31, 1862, p. 4

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