XXXVIIth Congress -- First Session

WASHINGTON, March 4.

SENATE. – Mr. Sumner presented a memorial from merchants and others doing business on the Pacific coast, asking immediate action by Congress to provide for the transportation of  the mails between New York, Panama, and Aspinwall, as at present the U. S. have not arrangements for such transportation.  Referred.

Mr. Davis presented a petition from the Citizens of Boston, asking Congress to drop the negro question and attend to the business of the country.

Mr. Dixon offered a joint resolution that the vacancy in the Board of Regents of the Smithsonian Institute by the death of Prof. Tellon, be filled by Henry Barnard of Conn.  Laid over.

On Motion of Mr. Harris the bill for the safe keeping and maintenance of U. S. prisoners was taken up and passed.

On motion of Mr. Collamer the bill authorizing the commission for the preservation of the Atlantic fisheries, was taken up.  The bill authorizes the President to appoint a commissioner to meet the British and French commissioners, to take measures for the preservation of the fisheries.  The bill was passed.

The confiscation bill was then taken up.

Mr. McDougal, of Cal., resumed his speech.  He quoted from Justice Story and other writers, showing that there should be no confiscation of any private property.  He (McDougal) contended that the provision in the bill relating to the freeing of slaves was unconstitutional.  He then quoted from the declarations of the President and Secretary of State to show that an entirely different policy had been declared by the government.  The colonization scheme was old and impracticable.  He contended that magnanimity was the greatest virtue of victory, and that we should go forward with our common constitution in one hand and peace in the other.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Wednesday Morning, March 5, 1862, p. 1

XXXVIIth CONGRESS – FIRST SESSION

WASHINGTON, February, 27.

SENATE. – Mr. Wilson reported back from the military committee the bill providing for a national foundry and furnace with an amendment, striking out the furnace.

Mr. Davis offered a bill as a substitute for the confiscation bill.  Ordered to be printed.

The bill to increase the efficiency of the medical department of the army was taken up.

HOUSE. – The house concurred in the report of the committee of conference, in the disagreeing amendment to the bill, making appropriations for sundry and civil expenses.

Mr. Wright introduced a joint resolution that the proclamation of Andrew Jackson on the subject of nullification, together with the farewell address of Washington, be printed for distribution.

Mr. Stevens moved the addition of the declaration of independence.  Agreed to, and referred to the committee on printing.

The consideration of the Upton contested election case was resumed.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Friday Morning, February 28, 1862, p. 1

XXXVIIth Congress – First Session

WASHINGTON, February 25.

Mr. Trumbull said it has been settled by the Supreme Court that Congress has the power to pass a confiscation bill.  Government has the right to take a person who may be bound by contract, or take a child then and draft it into the service of Government.  A master cannot hold the slave by any stronger tenure.

Mr.  Pomeroy objected to the third section, which provides for colonization.  He thought we could not afford to send out of the country the laboring men and producers, and if insisted on, he would move to amend by providing for the colonization of the slave holders, who are demagogues to the country, and whose loss would not be felt.

Mr. Willey wanted to know where there was constitutional power for the President colonizing niggers.  He was willing to cooperate in the most stringent measures for the confiscation of property, but had the Senator from Ill. Counted the immense cost of the scheme of colonization?  It would cost 500 dollars a head to colonize and keep ignorant slaves.

Mr. Pomeroy said his amendment would obviate that, as there would be only a few slaveholders to colonize.

Mr. Willey – I propose to hang all such traitors and thus save all the expense of transportation.  [Applause in the galleries, which was immediately checked by the chair.]

Mr. Fessenden introduced a bill authorizing the Secretary of the Treasury to issue to public creditors certificates for the whole amount of debt, in certificates of not less than $1,000, payable in one year or earlier, at the option of the Government, bearing 6 per cent. interest.

On motion of Mr. Fessenden, it was taken up and passed.

The Senate resumed the consideration of the confiscation bill.

Mr. Ten Eyck said there was a great aversion at the North to having large masses of free negroes turned loose among them, nor could they be allowed to roam at large in the South.

Mr. Sumner entirely agreed with the Senator from Kansas.

Mr. Pomeroy took objections to any recognition of the fugitive slave law, for which he thought no authority existed in the Constitution.  He moved to make a second amendment, to obviate all suspicion of anything of that kind.  The amendment was adopted.

On motion of Mr. Powell, the consideration of the bill was postponed till to-morrow.

On Motion of Mr. Sumner, the Senate went into executive session, and subsequently adjourned.

WASHINGTON, Feb. 26.

SENATE. – Messrs. Doolittle and Sumner presented petitions for emancipation.

Mr. McDougal, from the special committee, reported a bill for the establishment of a railroad and telegraph line from the Missouri River to the Pacific Ocean.

On motion of Mr. Wade, the bill for the occupation and cultivation of cotton lands was taken up.

Mr. Doolittle thought it a question whether government should go into raising cotton or attempt to run plantations.  He thought it would be a very difficult experiment, in a pecuniary sense.  If there was a population to lease the lands to he should not object.

Mr. Wade said he did not suppose the bill would realize any great sum of money, but there was a large extent of territory abandoned and the slaves left at large, and something must be done to take care of them.  This was not any settled policy, but only a temporary measure for one year, to meet the necessity of the case.

Mr. Doolittle thought that if commissioners had been sent down to Port Royal to see the elephant we have on our hands, we might have received a great deal of information.

Mr. Wade asked if he (Doolittle) had read the able report of Mr. Pierce on the subject.

Mr. Doolittle said he had not.  He confessed to ignorance of the subject.

HOUSE – Mr. Voorhes, of Ind., asked leave to offer a resolution tendering the thanks of Congress to Gen. McClellan.

Mr. Lovejoy objected.

The resolution commends the sentiments and policy avowed in Gen. Halleck’s general order of Feb. 23d, already published as imminently fair and patriotic, and in strict conformity to the Constitution; that the war should be conducted in accordance with the same, and that the thanks of Congress are tendered to Gen. Halleck for said order, and for his military achievements as commander of the Department of Missouri.

Mr. Van Wyck, addressing the Speaker, announced his desire to be excused from serving as chairman of the committee on government contracts.  I, some weeks since, informed my colleague that I should resign my place entirely on the committee so that another could be appointed, but they insisted that I should continue as one of its members, devoting such time in its service as I could spare.  Recollecting the sentiments of warm and generous friendship so often manifested on their part towards me I do not feel at liberty to disregard their wishes.  The committee has much to do, and although the unflinching integrity and untiring watchfulness of Secretary Stanton relieves it of many of its cares, I would also ask to be excused from serving as chairman of the committee on revolutionary pensions.

A long debate ensued on the Virginia contested election case of Mr. Upton.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Thursday Morning, February 27, 1862, p. 1

From Washington

WASHINGTON, Feb. 25.

The Navy Department to-day received the following:

CAIRO, February 24.

To Hon. Gideon Welles, Secretary of the Navy:

Lieutenant Commanding Gwynn, with the gunboat Tyler, has just arrived from Tennessee, Mississippi, and Alabama, and reports the Union sentiment in south Tennessee and North Alabama to be very strong.  I shall send him back to-day, and he will call for a regiment at Fort Henry to accompany the gunboat, which will aid the loyal people of those States to raise Union forces within their borders.

Signed,

A. H. FOOTE,

Flag-Officer Commanding.

The President has approved the fortification bill.  It is therefore a law.

Both Houses yesterday agreed to the report of the committee of conference on the Treasury note bill.  It retains the provision that notes to be redeemable in five years, or payable in 20 years, at the pleasure of the government.  It also makes duties on imports payable in coin and pledges it to the payment of interest on the notes and bonds.  It strikes out the pledges of public lands.

The communication of the Russian government on the subject of the Trent affair, was communicated to the Senate to-day.  It was characterized by the strongest feelings of friendship for the United States.

Special to Tribune.

Several days have passed since a gun has been fired from the rebel batteries on the Lower Potomac, although numerous vessels have sailed by them.  Although the rebel cannon seem to be in their places, it is doubted whethe[r] they be not blackened logs, and whether the gunners have not left the banks of the Potomac.

Two Whitworth guns reached Gen. Hooker’s division yesterday, and will be used to ascertain the truth of the case.

World’s Dispatch.

The indications in the Senate to-day are clearly in favor of the immediate passage of Senator Trumbull’s confiscation bill, with an amendment forfeiting all slaves of rebels.  Senator Powell will deliver a speech to-morrow against the bill, and take occasion to explain his present position as a Senator, it being intimated that his views are inconsistent with his holding his seat at the present time.

The House judiciary committee are nearly agreed on confiscation, but may possibly await the action of the Senate.

The tremendous gale, that commenced so furiously on Monday, has dried up the mud, and prepared a solid ground for our soldiers to march over.  Already a wonderful change has taken place, and the soldiers are becoming confident that they are to move at last.

Times’ Dispatch.

WASHINGTON, Feb. 25.

Gen. McClellan received a dispatch, an hour since, from the west, confirming the report that Nashville, Tenn., is taken by Gen. Buell’s army, and stating that the rebels have fallen back to Murphysville, about 30 miles south of Nashville.

The judgment of the Court Martial in the case of Col. Jas. Kerrigan, has been approved by Maj. Gen. McClellan, and a general order issued, carrying it into effect. – The court did not find Kerrigan guilty of treason, but of inefficiency and conduct unbecoming an officer of his military duty, and manifested in the disorganized and disgraceful condition of his regiment.  Kerrigan was adjudged to be dismissed from the service.

Much excitement has been occasioned by the discovery that the bill introduced by Mr. Wade, from the conduct of the war committee, and passed some time since, authorizing the President to take possession of railroads, also authorized him to extend railroads by construction.  It appears, that since the passage of this bill, a contract has been made by the War Department to build a railroad, 180 miles long, from Lebanon, Ky., to Knoxville, Tenn.  To-day the House repealed that portion of the bill almost unanimously, and there is talk of a motion to discharge the conduct of the war committee from further action.

It is understood that a resolution has been adopted in executive session of the Senate, calling for information relative to the alleged improper acts of Gen. Blenker.

Gen. Sturgis’ confirmation is hung up by the Senate.

The forces on the Potomac will not be paid until the paymasters are through with those battling for the Union in the West and on the seaboard.

Gen. Fremont was not at Saturday’s ceremony in the House, because the invitation did not rich him till yesterday.

Col. Lee, from Richmond, brought to this Government a communication from Howell Cobb, relating ostensibly to an exchange of prisoners, but probably to other matters, also.

Mr. Trumbull’s speech on the confiscation bill to-day, was very strong, and had a marked effect; taking the ground, among other things that the rebels, and not the loyal men, ought to pay the expenses of this war.  The bill will have a decided majority in the Senate.

News from Leavenworth has rendered tolerably certain Gen. Lane’s return to the Senate.

The Mexican treaty resolutions, &c., were defeated in executive session of the Senate.  Ayes 8, nays 28.  This carries the rejection of Gen. Scott as additional minister to Mexico.

Mr. Blair’s bill, from the House military committee, for an engineer brigade, is believed to have connection with the Danville and Knoxville Railroad, and also with the recent appointment of Amasa Stone, the great railroad contractor of Cleveland, as Brigadier General.

WASHIGNTON, Feb. 26.

Pre President has approved the United States note law, and it is therefore a law.

Special to Post.

WASHIGTON, Feb. 26.

New mail routes are to be speedily opened in Tennessee and Kentucky.

The senate bill authorizing the Secretary of the Treasury to issue certificates of indebtedness to government creditors whose accounts have been audited, will probably pass the House.

The following notice to the public has just been published:

WASHINGTON, Feb. 24.

The undersigned, on behalf of the commissioners appointed by the President to represent the interests of such American citizens as might desire to appear at the Exhibition of the Industry of all Nations, to be held in the city of London during the present year, submit the following statements:

The Congress of the United States, after due consideration, has declined to adopt any measures to further a national representation of our works of industry, invention and art, at the aforementioned exhibition.  The authority of the Commissioners has, therefore occurred.  They have advised the Commissioners appointed by the British Government that there will be no general participation on the part of the people of this country on the occasion; but they have thought it not improper, at the same time, to recommend to the consideration of the royal commissioners such works of industry and art as have received the authentication of the commission and may to a limited extent be presented for exhibition through individual exertions.

Signed,

WM. H. SEWARD.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Thursday Morning, February 27, 1862, p. 1

From Washington

WASHINGTON, Feb. 18.

The nomination of Gen. Grant as Major General was sent into the Senate to-day.  He will be confirmed.

President Lincoln’s boy, William, is still in a critical condition.

The bill which the territorial committees of both houses are maturing, will organize the rebel country into free territories, on the principle that by rebellion these States committed suicide, and that with them their local laws and peculiar institutions have died.

Congress has passed a joint resolution directing Commissioner French to illuminate the public buildings in honor of the recent victories.

Saturday evening an illumination of private dwellings will probably be requested as a means of distinguishing loyal from disloyal citizens.

In a speech in Stark’s case, Mr. Carlisle of Va., to-day foreshadowed a pro-slavery policy in the treatment of the rebel states saying that the Senate must receive persons duly accredited hereafter, by the Legislature of Missouri, even if they have been in arms against the government.  It is coming to be generally hoped that Carlisle will be obliged this to give his seat back to Mason.

Secretary Stanton has recently said that the victory of Fort Donelson is due to Gen. Halleck, who planned, to the President, who recognized, and to Gen. Grant, who executed the campaign.

N. L. Wilson, President of the Marietta and Cincinnati R. R., is here, and says that the Baltimore and Ohio R. R. will be open within thirty days.

Very few private flags have been displayed in Washington for our late victories.

An order was issued to-day, at the request of the entire Indiana delegation, terminating the furlough under which Capt. Hazzard, of the army, was allowed to serve as Col. Of the 37th Ind. Vols.  He is charged with tyranny to his troops.

Schuyler Colfax has sent $100 to Quartermaster Pierce, at Paducah, to be expended in the relief of soldiers wounded at the attack on Donelson.

Capt. Craven, in command of the Tuscarora, is not like the other captains who have pursued rebel privateers.  If he catches the Nashville, he will blow her out of water, avoiding capture if possible.

A subscription is on foot at Alexandria, among the women, for the purchase of a flag to be presented to Farnsworth’s Illinois Cavalry Regiment.

The bill reported from the naval committee of the House, framed after consultation with Assistant Secretary of the Navy Fox, provides for the grades of naval officers, viz: Five flag officers, eighteen commodores, thirty-six captains, seventy-two commanders, one hundred and forty-four lieutenants and masters.  Boards to recommend for promotion or retirement.  Flag officers to be appointed only if they shall have received the thanks of Congress, and upon the President’s recommendation for services in battle.

Senator Harris introduced a bill to-day, making rebels outlaws, so far as civil rights are concerned: the fact of plaintiff’s treason to be a complete defense in bar of any action.

Mr. Trumbull’s confiscation bill is the special order of the Senate to-morrow.

Gen. Grant will not be confirmed as Maj. Gen. until his official report of the battle has been received.

The Senate District of Columbia committee, to-day summoned a number of witnesses to investigate the truth of the allegations in deputy jailor Dupall’s letter, relative to barbarities practiced within the jail, on an alleged fugitive slave.

Col. McConnel, of the inchoate and considerably mythical Third Maryland regiment of Vols., has at last been mustered out of service.  Upon evidence that recruiting was going on in Philadelphia to fill up the ranks of the loyal Virginia brigade being raised by John C. Underwood, and order was issued to-day breaking up the organization.

Tribune’s Correspondence.

Gen. Lander’s resignation has not been received here, and people who know his impatience for a fight pray it may not come.

Little has been said of the prize money earned by the crews of our blockading squadron, but the amount cannot be small.  The share due to Commander Alden, of the North Carolina, which made so many captures in the gulf, is over $100,000.  Nineteen times that sum is to be divided among his officers and men.

Gen. Grant was nominated as Major General to-day.  The Senate, which has since had no executive session, will not confirm until the official reports are received.

The House committee on territories will soon report a bill organizing Arizona as a free territory.  The Wilmot Proviso will probably be part of the bill.

Mr. S. A. Allen has been appointed as an agent to accompany our forces into Tennessee to take charge of the cotton crop in behalf of the Government.

Times Dispatch.

Andy Johnson will probably proceed to Nashville, as soon as Gen. Buell’s army take possession of that city, and assist in organizing a provisional government for Tennessee.  The people there are panting for freedom and resumption of their connection with the Union.  They will probably send a full delegation of loyal men to Congress by the last of March.

The President to-day nominated Colonel Garfield, of Ohio, Brigadier General, in compliment for his thrashing Humphrey Marshall.

The war Department has proofs, which are considered conclusive, that young Walworth is a spy.

WASHINGTON, February 19.

Gen. U. S. Grant, the hero of Fort Donelson, has just been unanimously confirmed by the Senate as Major General, an honor conferred in testimony of his gallant conduct in battle.

The reading the Tax Bill will be commenced in the Ways and Means committee to-morrow.  The Bill will not be printed till ordered by the House of Representatives.

In the House of Representatives this afternoon Representative Wickliffe, of Ky., announced the capture of Gen. Price and his army.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Thursday Morning, February 20, 1862, p. 1

First Session - 37th Congress

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

37th Congress - 1st Session

WASHINGTON, May 21. – SENATE. – Mr. WRIGHT, of Indiana, offered a resolution that the Military Committee be instructed to inquire into the expediency of reporting at an early day a bill providing a suitable bounty for the soldiers enlisted for three months and one year, and also for pensions for the widows of soldiers who died in the service.  Adopted.

The bill donating lands for the benefit of Agricultural Colleges and Mechanic Arts was taken up.  The discussion was continued till 1 o’clock, when the special order being the Confiscation bill was taken up.

MR. FESSENDEN moved to take up the Tax bill.

Mr. FOSTER, of Connecticut, by consent, offered a resolution in regard to the impeachment of West H. Humphreys.  That the Senate will to-morrow resolve into a Committee of Impeachment on the case of West H. Humphreys, and the Vice President shall administer the following oath to the Senate: I solemnly swear, in all cases and things pertaining to the trial and impeachment of West H. Humphreys, late Judge of the United States for the several districts of Tennessee, that I will do impartial justice as a court of law; and the court being thus formed will receive the managers from the House, &c.  Adopted.

The Senate took up the Tax bill instead of the Confiscation, by a vote of – Yeas 33, nays 9.

The Senate Proceeded to the consideration of the [amendments] of the Committee on Finance, several of which were adopted, including one reducing the salaries of the commissioners from $5,000 to $3,500.

Senate went into Executive Session and adjourned.

HOUSE. – The House resumed the consideration of the Confiscation Bill.

Mr. VOORHES, of Indiana, reviewed the financial policy which has governed the Administration since it came into power, characterizing it as unsound, unwise and ruinous.  The criminals who have been plundering the Treasury have not been brought to justice, nor has honesty pervaded the Departments.  History will, on this subject, cause every love of his country to bow his head, while his cheek burns with shame because of the extravagance and shamelessness of expenditures at a time when the nation was struggling for life.  By means of mismanagement and fraud, the public debt one year hence will be one-sixth of the entire wealth of the country; now the proportion to every voter is two hundred dollars; twelve months from this time it will be four hundred dollars.  Where is the evidence that any other people have been so burdened within so short a time?  In conclusion he expressed the hope and predicted that the people would rise in their majesty and send hither representatives who would be governed by the teachings of the Bible and Constitution, and that the Union will be re-established on the principles of justice and liberty.

Mr. MORRILL, of Vermont, contradicted Mr. Voorhes figures as to expenditures.

Mr. BAILEY was severe upon Mr. Voorhes and accused him of sympathizing with traitors, saying that Floyd, Cobb and others were thieves under that gentleman’s party administration – The present condition of the country was the natural result of the treatment of the people, received at the hands of the Democratic party.

It made our country the plunderer of nations, provided they were feeble.  Filibustering became identified with Democracy during the two last Administration[s].  Considering all their co-operations, it did not lie in the mouth of those seeking to resuscitate the Democratic party to reproach the present Administration with dishonesty and fraud.  In further reply, Mr. Bailey said the labor of the country would pay the taxes.  Stephen A. Douglas truly said that there could be only two parties in the war, loyal men and traitors, and men must be for or against the Government.

WASHINGTON, May 22. – SENATE – Several petitions were presented from citizens of Maryland, asking for the better enforcement of the fugitive slave law in the District of Columbia, that they may secure a large number of slaves which are now in the district.

A resolution calling on the Secretary of the Navy for reports of the battles on the Mississippi was adopted.

Mr. SUMNER offered a resolution that the Committee on the District of Columbia be [directed] to enquire what legislation is necessary to protect persons of African descent from unconstitutional seizure as fugitive slaves, or seizure by disloyal persons.

Mr. POWELL objected to the present consideration of the resolution by the Senate.

The resolution was laid over.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, May 24, 1862, p. 3

Confiscation

WASHINGTON, May 14 – The first bill reported by Mr. Elliott, from the Special Conference provides that all the estate, property and money, stock, credit and effects of the person or persons hereafter named, are declared forfeited to the Government of the United States, and are declared lawful subjects of seizure and of prize and capture wherever found, for the indemnity of the United States against the expenses for suppressing the present rebellion; that is to say,

1.  Of any person hereafter acting as an officer in the army of the Rebels, now or hereafter in arms against the Government of the United States.

2.  Any person hereafter acting as President, Vice President, Member of Congress, Judge of any Court, Cabinet officer, Foreign Minister, Commissioner, or Consul of the so-called Confederate States.

3.  Any person acting as Governor of State, member of Convention, or Legislature, or Judge of any Court of the so-called Confederate States

4.  Any Person who having held an office of honor, trust or profit in the United States, shall hereafter hold an office in the so-called Confederate states.

[5].  Any person hereafter holding any office or agency under the so-called Confederacy, or under any of the several States of said Confederacy, or laws thereof, whether such officer or agency be National, State, or Municipal in its name or character.

6.  If any person, who holding property in the loyal State or territory of the United States or in the District of Columbia, shall hereafter assist and give aid and comfort to such rebellion, the said estate, property and money, stocks, credits and effects of these persons are declared lawful subjects of capture wherever found, and the President of the United States shall cause the same to be seized, and to the end that they may be confiscated and condemned to the use of the United States, and all sales, transfers or conveyances, shall be null and void, and it shall be a sufficient bar to any suit brought by such person for the possession and for the use of such property, or any of it, to allege and prove he is one of the persons described in this section.

The second section provides that if any person within any State or Territory of the United States, other than those already specified, shall not within 60 days after public warning and proclamation by the President, cease to aid and countenance and abet such rebellion and return to their allegiance, their property in like manner shall be forfeited for the use of the United States.  All sales, transfers, or conveyances of any such property, after the expiration of said 60 days from the date of the warning shall be null and void.

The 3d section provides that to secure the possession, condemnation and sale of such property situated or being in any State district or Territory of the United States.  Proceedings in such cases shall be instituted in the name of the United States, in any District court or Territorial court in the United States, or the District of Columbia, or in any district in which the property may be found, or into which the same, of moveable, may be first brought, which proceeding shall conform, as nearly as may be, to the proceedings in Prize cases, or to cases of forfeiture arising under the revenue laws, and the property so seized and condemned, whether real or personal, shall be sold under the decree of the court having cognizance of the case, and then proceeds to go into the Treasury of the United States for their use and benefit.

The remainder of the sections provide the necessary machinery for carrying the act into effect.

The second bill of the Select Committee is as follows:

If any person or persons, within the United States, shall, after the passage of this act, willfully engage in an armed rebellion against the Government of the United States, or shall willfully aid or abet such rebellion, or those engaged in such rebellion, giving them aid and comfort – every such person shall thereby forfeit all claim to the service or labor of any persons commonly known as slaves, and such slaves are hereby declared free and forever discharged from service, anything in the laws of the United States, or any State to the contrary notwithstanding, and whenever thereafter, any person claiming the labor or service of any such slave, shall seek to enforce this claim, it shall be sufficient defence thereto that the claimant was engaged in said rebellion, or aided or abetted the same, contrary to the provisions of this act.

Whenever any person claiming to be entitled to the service or labor of any other person, and shall seek to enforce such claim, he shall in the first instance and before any service shall be made for the surrender of the person whose service or labor is claimed, establish not only his claim to such service or labor, but also that such claimant has not in any way aided, assisted or countenanced the rebellion existing against the Government of the United States.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, May 17, 1862, p. 3

First Session -- 37th Congress

WASHINGTON, May 14 – SENATE – Mr. WRIGHT presented a petition form citizens of Indiana asking Congress to leave off the agitation of the negro question, and attend to the business of putting down the rebellion.  He said he believed those were the sentiments of a very large majority of the people of his State.

On motion of Mr. WILSON, of Massachusetts, the resolution to suspend the payment of troops actually employed in the Department of the West was taken up.  He stated that under the act, it has been reported that great frauds have been perpetrated, and the only remedy is to have a Commission appointed to investigate the claims.  After a discussion the resolution was laid over.

The resolution by Mr. POWELL, asking the Secretary of State for the number and names of prisoners arrested in Kentucky, how long imprisoned, why they are, &c., was taken up.

The question was on the amendment by Mr. SUMNER that the President be requested to inform the Senate, if compatible with the public interests, concerning the arrests in Kentucky, which was adopted, yeas 30, nays 7.

Mr. POWELL offered an amendment to Mr. Sumner’s amendment, which the Chair said was substantially the same as the original resolution, therefore it was not in order.

Mr. POWELL appealed from the decision of the Chair.

The decision was sustained, 34 to 1.

Mr. POWELL read a letter concerning an interview by the citizens of Kentucky with the Secretary of State, when he refused to give them any information, and said he did not care a damn for the opinion of Kentucky, but meant to hold her in the Union, &c!

The resolution, as amended, was adopted.

Mr. CLARKE, from the special Committee on Confiscation, reported a bill.

Mr. TRUMBULL offered a resolution that the President inform the Senate, if consistent with the public interests, of any information he may have of any design on the part of any foreign Power to interfere in the contest now existing, and whether any foreign nation has made any arrangement with the insurgents or has it in contemplation to do so.  Laid over.

After consideration and amendment of the Indian Appropriation Bill the Senate went into Executive Session.  Adjourned.

HOUSE. -  Mr. WALTON, of Vermont, reported back from the Committee on Printing the joint resolution requiring the Superintendent of the Census to keep records of the names of adults, heads of families and free holders.  The subject was discussed.

Mr. ELLIOTT, from the Select Committee on Confiscation, reported two bills.  He said the time for the restoration of this subject ought not to be much longer postponed.  He suggested that it be made the special order for Monday next.  The first bill provides that all estates, property and money of persons holding, or hereafter holding, office under the so-called Confederacy be forfeited to the United States, and that the President be requested to issue a proclamation giving sixty days.

Mr. PHELPS, of Missouri, suggested that it made the special order for Tuesday, after the morning hour, and the rest of the week be given for debate.

Mr. ELLIOT acquiesced in this, and further that the vote be taken on Monday week on both sides.

Mr. SHELLABARGER offered a resolution calling on the Secretary of the Interior to inform the House what retrenchments can be made in the expenditures.  Passed.

Mr. WICKLIFFE had ineffectually endeavored to offer an amendment, calling on the Secretary of War, to state whether he had provided arms and clothing to arm the fugitive slaves in the South.

The house went into Committee on the Army Appropriation bill.

Mr. CRISFIELD made a speech against confiscation.

Several amendments were offered to the army bill.  One by Mr. Calvert, that no portion of the appropriation should be appropriated to keeping, supporting or equipping fugitive slaves for service in the army.

After debate it was rejected.

The Army Appropriation bill passed without amendment.

Adjourned.

WASHINGTON, May 15. – Mr. WADE presented petitions in favor of confiscation.

Mr. GRIMES presented a petition for a ship canal from Lake Michigan to the Mississippi River.

Mr. WADE, from the Committee on Territories, reported back the house bill to provide for the temporary government of Arizona.

Mr. WILKINSON, from the same Committee, reported back a bill to amend the act for the government of Colorado.  The bill makes the Governor’s veto qualified instead of absolute. – The bill was passed.

Mr. BROWN, from the same committee, reported back the House bill to secure freedom to the people of the Territories, with an amendment which changes the language of the bill to that of the ordinance of 1787.

HOUSE – On motion of Mr. FENTON, the House proceeded to the consideration of the bill introduced by him for the adjudication of claims for loss or destruction of property belonging to loyal citizens, and the damage done them by the troops of the United States during the present rebellion.

The bill provides for the appointment by the President of three Commissioners, together with a Clerk and Marshal.  The commissioners are prohibited from taking cognizance of claims for slaves, while the bill is guaranteed to prevent disloyal citizens from being benefitted by the act.  The claims ascertained are to be reported to Congress, to the end that provisions may be made for their relief, as may be deemed just and proper.

Report agreed to 24 to 28.

A message was received from the President recommending a vote of thanks to Com. Farragut and other officers in his expedition.

The Conference Committee on the homestead bill made a report which was agreed to.

A resolution was offered calling on the Secretary of the Navy for the number of iron clad gunboats under contract, their armaments and when they will be ready for service.  Laid over.

Mr. HARRIS offered a resolution asking the Secretary of State what were the rights and obligations of the United States and Great Britain in regard to the maintenance of armaments on the Lake.  Laid over.

The Indian appropriation bill was taken up and discussed.

A message was received from the House announcing the death of Geo. F. Barley, of Massachusetts.

Mr. SUMNER paid a brief tribute to his worth, &c.

The customary resolutions were passed.

Adjourned.

Mr. FENTON said this bill had been materially considered by the Committee on Claims and was based on the principle of equity and justice.  While sincerely desirous of indemnifying Union men for the losses they had sustained, he was anxious that congress should pass a confiscation bill, denouncing special pains and penalties against the leaders of the rebellion, who having plundered loyal men and sequestrated their estates, shall not escape punishment.  Their property and substance should be used to pay the expenses incidental to the suppression of the most wicked and causeless rebellion.

Mr. WEBSTER moved an amendment making it the duty of the Commissioners to take cognizance of the losses of slaves, which the bill, as reported, prohibits.

Mr. MORRIL, of Vermont, moved the postponement of the bill till Monday.  The bill should be maturely considered, as it involved the expenditure of $100,000.  If passed it might supercede the amount of claims.

Mr. FENTON explained that all adjudicated claims have to be reported to Congress, which is to control the appropriation.

Mr. MORRIL’S motion was adopted.

The House passed the Senate bill authorizing the appointment of medical store-keepers for the army, and hospital chaplains.

Among the measure passed on are the following:

The Senate bill setting apart 10 per cent of the taxes paid by the colored persons to be appropriated for the education of colored children of the District.

The Senate bill requiring the oath of allegiance to be administered to persons offering to vote whose loyalty shall shall [sic] be challenged.

The House bill requiring the oath of allegiance to be taken by attorneys and solicitors in Court within the District of California.

Mr. POTTER from the Conference Committee on the homestead bill, made a report which was adopted.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, May 17, 1862, p. 3