First Session -- 37th Congress

WASHINGTON, March 4. – SENATE. – A memorial was presented by 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 caused by the death of Prof. [Felton] be filled by Henry Brainard of Conn.

The bill introduced by Mr. HARRIS for the safe keeping and maintaining of U. S. prisoners was taken up and passed.

On motion of Mr. COLLAMER the bill authorizing the commission for the preservation of 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 taken up.

Mr. McDOUGAL of California resumed his speech.  He quoted from Marshal, Story and other writers as showing that there should be no confiscation of any private property.  The clause in the bill referring to the freeing of slaves was unconstitutional.  He then quoted from the declaration 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 imagination was the greatest view of the victorious, and that we should go forward with our common constitution in one hand and peace in the other.

Mr. COWAN said that he agreed with the Senator for California.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, March 8, 1862, p. 3

Senator Trumbull on Confiscation

The bill for the confiscation of Rebel proper[ty] being under consideration in the Senate on the 25^th ult.

Mr. TRUMBULL said:  But what seems to embarrass some minds is the difficulty of treating these men both as citizens and traitors. – These rebels in the Southern States occupy just exactly that position.  When an insurrection assumes such formidable proportions as this has, and when armies are arrayed against the Government and against each other, all the writers on international law agree that the Rebels are entitled to be treated as belligerents and as enemies, and we have been treating the Rebels at the south as belligerents during this present war.  We have sent flags of truce to them and taken them as prisoners, and whenever a rebellion becomes of such magnitude as to be entitled to be called a civil war, the parties are to be governed by the ordinary rules of war, while it lasts, and in the prosecution of the same rules as it would observe if in a war with an independent nation.  But that does not prevent the government, after the war is over, from trying as a traitor any person that may be in its hands, and that is the way, I take it, which this rebellion is finally to be put down.  Nobody expects to try all of the 300,000 men now in arms against the Government and hang them though they are undoubtedly traitors.  But we will give them the rights of belligerents, and take them as prisoners of war, and when they return to their loyalty again, those who have been seduced from it we will release them; but the ringleaders of this rebellion, in the instigators of it, the conspirators who have set it on foot, will I trust, be brought to the halter, and never be discharged unless they are discharged by Petit Jury, who shall say they are not guilty of treason.  These are our rights as against these people, but our right as against an enemy is a right of confiscation.  We have now the right to take the person and property of the enemy and destroy it wholly if necessary.  I know that according to modern usage of civilized nations, total destruction does not follow.  I know that in our modern times prisoners who are captured are not put to death or reduced to slavery, and property has not generally been confiscated; but the right to confiscate property real or personal, for there is no distinction, is undoubted.  Look at the condition of things at Port Royal, where all the inhabitants have fled, and left the country desolate.  Is it to remain unoccupied, and a wilderness, or shall we treat it as the European nations did the places on this continent, when savages fled and left the territory unoccupied?  How does the conduct of the people at Port Royal differ from that of the Aborigines?  They leave everything to waste, abandoning the country and we may take possession of that country and apportion it out among the loyal citizens of the Union; and this act of confiscation by which we do this is not a bill of attainder.  Some have objected to the constitutional power to pass this bill, because they say it is a bill of attainder.  It is not a bill of attainder at all.  It does not corrupt the blood of a person; it operates upon his property.  The Supreme Court has expressly decided, in the case of Brown agt. The United States that Congress has authority to pass a confiscation bill.  And if Congress has the power to confiscate the property of an enemy, then an act of confiscation must be something different from a bill of attainder, for the constitution expressly declares that no bill of attainder shall be passed.  Again, Sir, if Congress declares the property of a rebel forfeited – declares his estate forfeited – I want to know who is to controvert that question?  If it is contended that, according to international law, Congress has no right to confiscate the real estate of a Rebel, who is to interpret international law?  There is no common tribunal to which all nations submit their questions.  International law is nothing more than a uniform usage of civilized nations, and each one at last interprets if for himself, running the hazard it is true, of bringing upon himself the condemnation of other nations.  I suppose if a nation should violate a well settled principle of international law, such as violating the rights of an embassador or of a passport it would bring upon itself the condemnation of other nations.  But to confiscate the property of your enemy is not a violation of the principles of international law.  Suppose Russia in these interminable wars going on between that country and Circassia, should take the land of the Circassians and apportion it out among the Nobles of Russia?  And if other nations would not interfere, who would interfere?  Can our courts give a different construction to international law from what a Sovereign Power gives it? – Certainly not?  The courts are bound by international law as the Nation establishes it. – They cannot overrule an act of Congress, because in their opinion it does not harmonize with international law.  They have no such power.  The Supreme Court said in this case of Johnson agt. McIntosh (5^th Curtis, 513), that conquest gives a title the Courts cannot deny.  That is settled by judicial decision.  It does not lie in the power of Congress to settle international law.  It only involves a question of policy and expediency, and that, I think is so manifest with regard to this bill that I need not to discuss it.

The second section of this bill forfeits the claim of any person to any person held in service or labor, if the person so claiming has in any manner engaged in this rebellion, and makes the person owing such service forever, afterward free.  I take it there can be no doubt of the power of Congress to pass this law. – Congress has the power to raise armies and it may draft soldiers.  It may take from my friend from Kentucky, (Mr. Davis) his hired man, whom he has hired at a stipulated price to work upon his farm for the next year.  Right in the middle of the contract, in the midst of his harvest, the Government of the United States may draft that man into its service. – What becomes of the contract?  Can you keep it?  Can the courts decide that you are entitled to the services of this man, and can the Court give them?  No.  Here comes the paramount authority of the United States and takes this man, if it is necessary to use him for the defense of the country.  It is a question of power, and power to do this cannot be questioned.  Des the master hold his slave by any stronger tenure?  You cannot draw a contract so strong by which one person shall give his time and services to another, that the paramount authority of the Government cannot abrogate that contract, and take from your control that person, and bring him into the service of the country.  This can be done also in reference to your own child.  By the laws of nearly every State in the Union, a parent has control of his child till the age of 21 years, but notwithstanding that, if the public necessity requires it, the Government may take your son at 18 years of age, or even younger, from under your control, and bring him into the army of the United States, and into the battle field, in defense of the honor and integrity of the nation.  And does the master hold his slave by any stronger tenure than this?  Why, the person and property and everything connected with your enemy may be taken and condemned and destroyed if it be necessary for the preservation of the country and not only your enemy, but you may take the property of your friends.  We are taxing the loyal men of this country now to the furthest limit in support of this war, and we may call upon them personally to serve in the army.  While we can do all this, can it be pretended that we cannot control the negroes and the men who fight against the Government?  I know this seems to have been the course pursued.  I know that while loyal men have been suffering in person and property, the property of the disloyalists has been untouched.  I know that while my people are to be taxed to support this war, we are not to touch the property of Rebels in arms against the Government.  But it is said that you cannot enforce the laws in these Southern States now.  True, we cannot till the armies advance, and when they do advance, let us take that property, and make it contribute toward the expenses of this war, and save the property of loyal men; and let the men, who have instigated the war pay the expense.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, March 8, 1862, p. 1

Washington Correspondence

WASHINGTON, Feb. 28, 1862

FRIEND DUNHAM:  You may have noticed in the Senate proceedings yesterday, the introduction of a resolution by Senator Grimes inquiring of the Secretary of War whether any contract for the construction of a railroad under authority of the War Department had been made, etc.  The resolution refers to a matter of interest, and I will state some facts concerning it.  The road is to connect Danville, Kentucky, with Knoxville Tennessee, and will be 180 miles in length.  A contract for its construction has been made with a Mr. Stone, (Amasa I think his Christian name is,) of Cleveland, Ohio, formerly contractor on the Chicago & Milwaukee Railroad, which road I am informed he left with a somewhat suspected reputation.  He is said, and by many members of Congress believed, to have already forwarded twenty miles of iron in furtherance of his contract.  The road, it is admitted by those favorable to the project here from Kentucky, in private talk, (for the whole thing is substantially private yet,) cannot and is not to be done short of a year, when it is certainly to be hoped that it will not be needed for military purposes.  And yet, the question arises for what other purpose can the War Department undertake its construction?  Also is there authority under any existing law for the Department to undertake the construction of the road at all?  Again, the cost, $15,000,000, is calculated to provoke criticism, under present circumstances.  In connection with the affair, yesterday, in the House, Frank Blair reported from the Military Committee a bill to organize an engineer force to consist of a number not exceeding a stated amount, 100 I think, from each brigade, making in all a force of about 13,000 men.  Mr. Wilson (of Iowa) desired that it might be put over to Friday, for examination.  The purpose is to appoint a Brigadier of Engineers, who is to command this force.  In other words, the Brigadier will be a Superintendent of construction, and the 13,000 soldiers will build the road under his management.  Now, would you believe it?  This man Stone, the contractor, has been nominated to the Senate as a Brigadier.  But, an inkling of the affair getting out, the Senate refused his confirmation – or, at least, put the case over for inquiry, and I doubt now he will ultimately be rejected, even if the scheme, itself, after it gets an airing should go on.

You may also have noticed, in yesterday’s proceedings in the House, perhaps with some surprise, as things go, but doubtless with quite as much pleasure, that that body passed an act creating an additional article of war, forbidding officers in the service from returning fugitive slaves.  This was the first triumph, of any account in the House, of that popular sentiment to which such an act is agreeable.  The bill was reported, and passed, in response to the resolution some time ago introduced by our member, Mr. Wilson, and referred to committee with instructions.  To Mr. Wilson belongs the credit of inaugurating and designating the terms of the act.  It can easily pass the Senate, and doubtless will.  These facts are given to me on authority that I cannot doubt.

The Judiciary Committee is not happily constituted, as times are, I think; and so, I believe are the mass of the loyal men of the North convinced.  All the various confiscation bills presented in the House have been referred to that committee.  The matter has been fully considered by it, and the committee will soon report the bills to the House, with a recommendation that they do not pass.  However, Messrs. Bingham and Wilson make a minority report, recommending the passage of Mr. Bingham’s bill. – That bill is quite similar to the bill of Senator Trumbull, now under discussion in that body, with a probability of its passing during the week.

IOWA.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, March 8, 1862, p. 1

First Session -- 37th Congress

WASHINGTON, Feb. 27. – SENATE. – Mr. TRUMBULL said within a few weeks the property of a Rebel General in Washington had been sold and the proceeds transmitted to him, while we were imposing paper currency on suffering soldiers.  When the special order was called – being Starke’s seat.  This was postponed and the Confiscation bill resumed.

Mr. TRUMBULL said it has been settled by the Supreme Court that Congress has the power to pass a confiscation bill.  The Government has the right to take persons who may be bound by contract – to take a child even and draft it into the service of the Government.  The 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 upon he should move to amend by providing for the colonization of the slave holders, who are dangerous to the country, and whose loss would not be felt.

Mr. WILLEY wanted to know where there was any constitutional power for the present colonization of negroes.  He was willing to cooperate in the most stringent measures for the confiscation of property, but had the Senator from Illinois counted the immense cost of the scheme of colonization.  It would cost $500 a head to colonize and keep ignorant slaves.

Mr. POMEROY said his amendment would abate that, as there would only be a few slave holders to colonize.

Mr. WILLEY – I propose to hang all such traitors, and thus save all the expense of transportation. {Applause, which was immediately checked by the chair.}

By consent, 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, the bill was taken up and passed.

The Senate resumed the consideration of the confiscation bill.

Mr. TEN EYCK said there was a great aversion to 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 agreed with the Senator from Kansas (Pomeroy) in objecting to any recognition of the fugitive slave law, which he thought never had authority in constitution.  He moved to make a verbal amendment to obviate all suspicion of anything of that kind.  The amendment was adopted.

On motion of Mr. POWELL, further consideration was postponed until to-morrow.

On motion of Mr. SUMNER, the Senate went into Executive Session and subsequently adjourned.

HOUSE. – Mr. PORTER, from the Committee on the Judiciary reported the resolution which passed that the several Railroad companies which have received from the Government grants of lands to aid in the construction of railroads, are required to transport property and troops of the United States free of all tolls.

Mr. PENDLETON reported a bill which passed, regulating the time of holding United States District Courts in Kentucky.

The Senate bill authorizing the Secretary of the Treasury to issue certificates of indebtedness to public creditors was passed.

Mr. BLAIR reported a bill establishing an additional article of war prohibiting all officers from employing any force under their command to return fugitives.  Any officer found guilty of violating this article is to be dismissed from the service.

Mr. MALLORY looked upon this as an effort to repeal the fugitive slave law.

Mr. VALLANDIGHAM moved to lay the bill on the table.  Lost by 43 to 87.

Mr. BINGHAM introduced an amendment which was agreed to, prohibiting any person connected with the army or navy returning fugitive slaves.  The bill finally passed, yeas 83 nays 42.  Adjourned.

WASHINGTON, Feb. 26. – SENATE. – Messrs. DOOLITTLE and SUMNER presented petition 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.

WASHINGTON, Feb. 26. – SENATE. – The Stark case was concluded, and the Senate adjourned.

HOUSE. – The House concurred in the Senate bill fixing the number of representatives at 241 under the census of 1860, and an additional representative for Pennsylvania, Ohio, Kentucky, Illinois, Iowa, Minnesota, Virginia and Rhode Island.  Adjourned.

HOUSE. – Mr. VOORHIES, of Indiana, asked leave to offer a resolution tendering the thanks of Congress to Major General McClellan.

Mr. LOVEJOY, of Illinois objected.

The resolution commends the sentiments and policy avowed in General Halleck’s General order of February 23d, already published, as eminently wise and patriotic, and in strict conformity to the Constitution and 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.  Some weeks since I informed my colleagues that I should resign my place entirely on the Committee, so that another could be –

WASINGTON, Feb. 27. – HOUSE. – The House concurred in the report of the Committee of Conference in the disagreement to the amendments to the bill making appropriations for sundry 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.

The consideration of the Upton contested election case was resumed.

The House declared 73 against 50, that Mr. Upton was not entitled to a seat.

Mr. DAWES, from the Committee on Elections, made a report, accompanied by a resolution that John Kline is not, but that John P. Verce is entitled to the seat from the 3d Congressional District of Penn.  Its consideration was postponed.

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.

The Senate admitted Mr. Starke as Senator from Oregon by yeas 26, nays 19.  Mr. Starke appeared and took the oath.

The Senate then resumed the consideration of the bill in relation to the medical department of the army.

On motion of Mr. WASHBURNE, from the Government Contract Committee, a resolution was adopted calling on the Secretary of War to Communicate to the House the report and correspondence of the commission sitting at St. Louis for the examination of claims growing out of affairs in the Western military department.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, March 1, 1862, p. 3

Specials to the New York Papers

(Special to Tribune.)

WASHINGTON, Feb. 25 – 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 rebel cannon seem to be in their places, it is doubted whether they are not blacked logs and whether the gunners have not left the banks of the Potomac.  Two Whitworth guns reached Gen. [Hooker] yesterday and will be used to ascertain the true facts 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 freeing 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 understood that his views are inconsistent with his holding his seat at the present time.

The House Judiciary Committee are nearly agreed on a confiscation bill, but may possibly await the action of the Senate.

The tremendous gale that commence so furiously on Monday night has dried up the mud and prepared 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.)

Gen. McClellan received a dispatch an hour since from the West confirming the report that Nashville, Tennessee is taken by Gen. Buell’s army and stating that the rebels have fallen back to Murfreysboro [sic], about 30 miles south of Nashville.

The judgment of the court martial in the case of Col. James Kerrigan has been approved by Major General McClellan and a general order issued carrying it into effect.  The court did not find Kerrigan guilty of treason, but inefficiency and of conduct unbecoming an officer, in the gross neglected of his military duty, as manifested in the disorganized and disgraceful condition of his regiment.  Kerrigan was adjudged to be dismissed from the service.

WASHINGTON, 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.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, March 1, 1862, p. 3

37th Congress - First Session

WASHINGTON, May 28. – HOUSE. – Mr. PORTER moved to postpone till Wednesday next the motion made by him yesterday, to reconsider the vote by which the House on Monday rejected the bill to confiscate the slaves of rebels.

Mr. HOLMES moved to lay Mr. PORTER’S motion on the table.

Mr. BLAIR moved a call of the House.  Disagreed to by three majority.

Mr. EDWARDS moved the House adjourn. – Negatived nearly unanimously.

Mr. POTTER moved a call of the House. – Negatived by 18 majority.

Mr. HOLMES’ motion to lay that of Mr. Potter’s to postpone on the table, was disagreed to – 59 to 73.

Mr. PORTER’S motion was adopted.

The Speaker said that the motion to reconsider the vote by which the motion to reconsider the vote by which the bill to confiscate the slaves of rebels was rejected can, as a privileged question, be taken up next Wednesday, immediately after the reading of the journal.

The House went into Committee on the Whole on the Senate Bill to collect direct tax in insurrectionary districts and for other purposes.

Several amendments were made for perfecting the arrangement for carrying the act into effect.

The bill passed 19 to 11.

It provides for the appointment of a board of tax commissioners to enter upon the duties of their office, wherever the commanding General of the forces of the United States entering into any insurrectionary state or district, shall have established the authority throughout any parish, district our county of the same in all cases where the owner of the land shall not pay the proportion of the tax and consequent expenses the property is to be sold.

Provisions to be made for the redemption of land if it be shown to the satisfaction of the Commissioners that the owner has not taken part in or in any manner aided or abetted the rebellion, and that for reason of the rebellion he has been unable to pay the tax.  In cases of owners having left their land to join the rebel cause the United States shall take possession and may lease them to the civil authorities established.

The people of the State shall elect a Legislature and State officers, who shall take the oath to support the federal Constitution.

The board of Commissioners may, under the direction of the President instead of leasing the lands vested in the U. S. cause the same to be subdivided and sold to any loyal citizen or any person who shall have faithfully served in the army, navy or marine corps.  The preemption principle is also granted in the bill.

HOUSE – The remainer of the House proceedings previous to adjournment unimportant.

SENATE – The vice President presented a message from the President in reply to the resolution concerning arrests in Kentucky saying that it was not compatible with the public interests to furnish such information at present.

The bill making an appropriation for an authorizing payment of certain bounties was taken up and passed.

Mr. HARRIS presented a number of petitions for a bankrupt act.

Mr. WILLEY presented a memorial from the Legislature of Virginia in relation to a division of that State, and also the constitution adopted by the people within the proposed limits was taken up.

Mr. WILKINSON spoke against it as injurious to the new State tending to increase land speculation and preventing many of the benefits of the Homestead bill.

At ten o’clock the tax bill was taken up, the question being on Mr. Wilson’s amendment to strike out the license to retail liquor dealers.

The bill donating land for the benefit of colleges of Agriculture and Mechanic Arts.

WASHINGTON, May 28. – SENATE – Various amendments were rejected by 27 majority.

Mr. SUMNER offered an amendment taxing persons claiming service or labor for life of any such person the sum of ten dollars each.

After a discussion he modified it by making it read five dollars each for persons held by corporations, societies, or persons but such persons not to be sold to pay said tax.

Mr. SHERMAN offered a substitute for Mr. Sumner’s amendment to tax cotton one cent per pound.  Rejected 15 to 22.

Mr. HICKMAN offered an amendment that the tax is not to be collected in States where a gradual emancipation system is in force.

Pending the question the Senate adjourned.

WASHINGTON, May 29 – HOUSE – The Speaker laid before the House a communication from C. W. Wallen stating that he is about to accept and enter upon the office of Associate Justice of the Supreme Court of Maine, and resigning his seat as a member of the House.

Mr. POTTER, from the committee on Public Lands reported back the Senate Bill establishing a Land Office in Colorado Territory.  Passed.

The House passed by 94 against 37, the bill declaring as the census of California has never been taken till the year 1860 and as it appears that said Sate had a sufficient population to entitle her to three Representatives, under the supposition that California was entitled to the same and as direct taxes have been apportioned to be paid by her under the census of 1860 therefore she be allowed three Representatives instead of two until the beginning of next Congress.

Mr. HICKAMN, from the Committee on Judiciary reported a bill for the effectual suppression of the slave trade.  Giving Consuls and Agents on the coast of Africa certain judicial powers in order that the proceedings may be by them instituted against vessels engaged in the trade.  The persons concerned to be tried in this country.

The bill passed – 63 against 45.

The bill dividing Pennsylvania into two Judicial Districts and providing for holding a district court at Erie passed.

The House renewed the consideration of the bill appropriating $75,000 for the purchase of Douglas Hospital.

Mr. WOODROOF while declaring himself in favor of prosecuting the war to restore the authority of the United States said he should not support the confiscation and emancipation bills.  He regarded them as unconstitutional.  The advocates of extreme measures seemed to be giving aid to the enemy and pursuing a course more calculated to destroy the Union than that of the rebels themselves.

Debate of the bill rejected.  Adjourned.

SENATE – Mr. WILLEY called up the memorial of the Legislature of Virginia with reference to the division of the State and requesting the Senators and Representatives to use their influence for the admission of the new State of West Virginia.  He referred to the manner to which the allegiance of the State was transferred to the rebellion – in secret session and without consulting the people, and to the people of Northwestern Virginia [remaining] loyal to the Union and forming a separate Government.  He claimed that this feeling for a division of the State was nothing new – it had been frequently urged by the people of the State.  Reason and justice are [in] favor of it.  There is sufficient number of inhabitants and Western Virginia was completely divided from the Eastern half by the Allegheny Mountains.  Nature seems to have divided the two and evidently demand a separation.  There has never been but little commercial intercourse between Western and Eastern Virginia and the social institutions and habits of both indicate a separation.  Slavery cannot exist in Western Virginia and why should the people of that section be compelled to be subject to a system of laws calculated for slavery which exists in Virginia.  The geographical position, climate, natural productions and moral and religious sentiments of the people absolutely forbid the existence of slavery in Western Virginia.

He contended that the proposed State was rich in minerals and other resources and would make a wealthy and prosperous State.  The memorial was referred to the committee on Territories.

The tax bill was then taken up – the question being on Mr. Henderson’s amendment that the proposed tax on slaves shall not be levied on any State which has adopted the system of gradual emancipation, yeas 15, nays 20.

Mr. FESSENDEN’S amendment reducing the tax on slaves to two dollars was adopted.

After debate Mr. SUMNER’S amendment as amended was rejected by 14 against 22.

Executive Session.  Adjourned.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, May 31, 1862, p. 3

XXXVIIth Congress -- First Session

WASHINGTON, April 10.

SENATE. – The confiscation bill was taken up.

Mr. Willey offered an amendment, making an appropriation of five millions for the colonization of free negroes, made free by this bill, or otherwise.  He did not think it fair to throw upon the Border States a class of population which the Senators would not receive in their own States, thus making the former suffer, in addition to the evils of war, a new evil.

Mr. Hale said the senator seemed to think Virginia and Kentucky would some day have to tear from the free negroes the little rights they have, and re-enslave them.  He wanted to tell the Senators and the country that this was a job they could not do.  The idea of colonizing this race is utterly absurd.  The whole navy could not carry of their natural increase.  He understood that the Creator meant for the black man as well as the white to live on earth, but these negroes are to be made free by States themselves, of their own free will, after they had used them as long as they are wanted; and it is for these States to say they shall not have a resting place on earth, and that will be to enslave them.  Such a thing cannot be done.  It will only reach the rain of States which attempt it against the moral sentiment of the age.  He said that Barnwell, of S. C., when he was here as a Senator, admitted he could see no solution of this problem of races.

Mr. Willey said he was not opposed to the bill in any way, but simply wished to improve it.

Mr. Howe, by consent, introduced a bill to incorporate the North Pacific R. R.

Mr. Doolittle moved to go into executive session.

Mr. Trumbull hoped not.  He wanted to get a vote on the amendments to the bill, but if the Senate chose not to act he would do his duty.

Mr. Doolittle protested against the supposition that he wished to antagonize the bill in any way.  He made the motion at the suggestion of the chairman of the military committee.

The question was taken on going into executive session.

Yeas – Anthony, Browning, Clark, Collamer, Cowan, Davis, Doolittle, Fessenden, Foot, Foster, Henderson, Howard, Howe, Kennedy, King, Lane of Ind., Nesmith, Powell, Stark, Wilson of Mass., Wilson of Mo., and Wright – 22.

Nays – Chandler, Dixon, Hale, Lane of Kansas, Latham, Morrill, Pomeroy, Sherman, Sumner, Trumbull, Wade, Wilmot, Willey – 13.

After executive session the Senate adjourned.

HOUSE. – The amendment to the bill for appropriation to the Stevens battery being under discussion, a spirited debated took place.  Mr. Lovejoy opposed the amendment.  Mr. Pike said that $500,000 had already been spent on the battery, and with the amount now proposed the total would be $1,288,000, and that the battery drew so much water as to be of no consequence in any Southern port; the Monitor had only cost $275,000, and four such vessels could be constructed for that the Stevens battery would cost.

Mr. Olin said the Monitor had not been a success so far as the contest with the Merrimac was concerned, for she did not run her down, the only way to destroy her.  This, he believed would be done by the Steven’s battery.  10 guns could be fired from it to 1 of the Monitor.  The amendment was adopted.

Mr. Stevens reported back from the committee of ways and means, the resolution that, the Senate concurring, Congress will adjourn sine die on the third Monday in May.  Agreed to.

The Pacific RR. bill was postponed till to-day week to afford members an opportunity to examine it.

The bill regulating [franking privilege] was up, and discussed, and its further consideration postponed till Tuesday.

The bill abolishing slavery in the District of Columbia was laid aside.

Mr. Washburne suggested that the House take up the bill for the relief of Gen. Grant, which was assented to, and the bill passed.  It re-imburses him $1,000 which amount, while serving as quartermaster in Mexico, was stolen from his trunk without neglect or default on his part.

Mr. Brown, of R. I., from the committee on elections, reported a resolution that Wm. Vandever has not been entitled to a seat in this house since he was mustered into service of the U. S. as Colonel of an Iowa regiment, since September last.  Ordered to be printed.

Mr. Stevens moved that debate on the bill for the abolishment of slavery in the District of Columbia, close in one hour after consideration of the same, to be resumed in committee of the whole.  Disagreed to – 57 against 54.

The bill came up in committee of the whole.

The General debate was closed by a vote of the House.

Mr. Cradlebaugh offered an amendment so as to make the bill apply to the emancipation of the white slaves of the Territories.  It should not be confined to persons of African blood.  Slavery in the District of Columbia was nothing to be compared with that which exists in some of the territories.

Mr. Lovejoy thought the amendment was not appropriate, as it proposed to strangle the bill now before them.  The amendment was rejected.

Mr. Wright offered a proviso requiring the President to issue a proclamation for a special election, a majority of the legal voters being required to affirm and ratify the act.

Mr. Wright’s amendment was rejected.  Mr. Wadsworth unsuccessfully sought to amend the second section, arguing that Congress cannot discriminate between loyal and disloyal men in making compensation for slaves.

Mr. Biddle opposed the bill as inexpedient and inopportune.

Mr. Dunn expressed his astonishment that any member should wish to pass it through without affording an opportunity to offer amendments to a measure of such importance.

Mr. Harding moved to strike out the provision that the entire sum appraised and apportioned shall not exceed in the aggregate an amount equal to $300 for each person shown to have been so held by lawful claim.  He said there was a strange and unusual haste manifested for the passage of this bill.

Mr. Lovejoy expressed his desire to speak.

Mr. Harding replied when the gentleman gets sober on the question I will hear him with pleasure.

Mr. Lovejoy said he asked no courtesy for the gentleman.

Mr. Harding concluded, after which Mr. Lovejoy spoke of robbing slaves of their rights, and said every  one has been robbed.  He expended his five minutes in speaking of what he termed the “sublimity of infamy.”

Mr. Harding’s amendment was rejected.

Mr. Wyckliffe offered an amendment to strike out the clause against excluding witnesses on account of color, saying this was contrary to the law of the District.

Mr. Stevens said that was an outrageous law – a man of credit, whether black or white, ought to be a witness.

Mr. Wyckliffe’s amendment was rejected.

Mr. Dunn said it was the determination of some gentlemen to pass the bill, no matter how imperfect it was.  There was a higher tribunal than this – the American people – to which they were responsible.

WASHINGTON, April 11.

SENATE. – Mr. Sumner presented a petition for the employment in the suppression of the rebellion of all classes of persons without respect to condition or color.

Mr. Wilson, of Mass., introduced a bill amendatory to the fugitive slave act.

Mr. Howe offered a resolution that the military committee be instructed to inquire what troops have been or are being mustered into the service of the United States as home-guards, and who refuse to go beyond the limits of their own State.

Mr. Lane, of Indiana, said that the war department was already mustering out of service this class of troops.

Mr. Howe said he had heard this morning that some troops from Maryland refused to go beyond the mine of their State.

Mr. Grimes said he understood that some of this class of troops were being enlisted.

The resolution was adopted.

On motion of Mr. Sumner, the bill to remove all disabilities of color for carrying the mails was passed.  Yeas 24, nays 11.

The confiscation bill was taken up.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Saturday Morning, April 12, 1862, p. 1

By Telegraph

(Reported expressly for the Gazette.)

Opinion of the Attorney General in regard to Pensions.

Rumored Promotion of General Rosencrans [sic].

Skirmish between the Rebels and Gen. Sickles’ Division.

__________

From Washington

WASHINGTON, April 4.

Attorney Gen. Bates has given his opinion that the acts of January and August, 1813, granting pensions for wounds or disabilities are applicable only to the forces thereby created, and will not cover the cases of those called into service by the acts of the 22d of July last; nor are their widows and entitled to pensions under the act of fourth of July, 1836.

Grave doubts may be suggested whether the existing laws make provision for pensions to widows of those now in service who may die from disease or be killed in battle; and upon the whole question the Attorney General inclines to the opinion that there is no adequate provision of law by which such widows are entitled to pensions.  In addition to the bounty conferred by the act of July last, the militia, under the president’s proclamation of the 15^th of April 1861, which was in accordance with the law of 2d August, 1813, are, in cases of wounds and disabilities, entitled to pensions under its provisions.

Previous to adjournment to-day, Senator Trumbull gave notice he should call up the confiscation bill and press it daily until disposed of.

An official war bulletin from the War Department, creates two military departments – first, that portion Virginia and Maryland lying between the mountain department and Blue Ridge, to be called the Department of the Shenandoah, to be commanded by Gen. Banks.

Second, that portion of Virginia east of Blue Ridge and West of the Potomac, and the Fredericksburg & Richmond Railroad, including the District of Columbia and the country between the Patuxent, to be called the Department of the Rappahannock; to be under command of Gen. McDowell.

Special to the Tribune.

Wm. H. Russell, of the London Times, has engaged passage to England in the next Cunard steamer.

Times’ Special.

The committee on the conduct of the war have examined several witnesses bearing upon the charge of atrocities by the rebels upon our wounded soldiers at the battle of Bull Run, and the evidence so far is a disgraceful record against the chivalrous Southerners.

The House committee on printing introduced a resolution to-day providing for the printing of 100,000 extra copies of the final report of the committee on war claims at St. Louis.

It is asserted in official circles that Brig. Gen. Rosencrans [sic] is to be promoted to a Major Generalshiip.

The Times’ correspondent telegraphs to-night from Budd’s ferry as follows:

HOOKER’S DIVISION, April 3.

A corps of picked men belonging to the Excelsior brigade, left Liverpool point under the command of Gen. Sickles, early on Tuesday morning, for Stafford Court House, on a reconnaissance.  The troops landed at the Shipping Point batteries, and marched from thence past Dumfries through Aquia to Stafford.

There was a skirmish between a body of 500 rebel cavalry and the advanced corps of Sickles’ command, six miles this side of Stafford, and firing on both sides was continued until we reached that place.  The rebels in their retreat set fire to the town and all the stores.  Our forces promptly stopped the conflagration.  A number of prisoners, horses, stores, &c., fell into our hands from Brook’s station.  A force of 1,200 rebel infantry, and a battery of six field pieces were moving up to support their cavalry, after remaining three hours in Stafford camp.

Gen. Sickles with a part of his corps arrived back at Shipping Point this morning.  The rest came by Brest’s Ferry, opposite Liverpool.

Our casualties were 2 wounded and a few missing.

The corps marched 48 miles in 17 hours, over the worst mountain roads.

There are a few troops at Fredericksburg.  They are falling back to Richmond.  The citizens state that the Confederate Government intend abandoning Virginia.

WASHINGTON, April 4.

The grand jury of the District of Columbia has found two bills of indictment against Horace Greeley for an attack made on the Marshal of the District in the New York Tribune.

A military hospital has been ordered to be established at New Albany, Ind., and Jefferson Barracks, near St. Louis; have been converted into a military hospital.

The Secretary of War has communicated to Congress his opinion that the present organization of the medical bureau is inadequate to the service.  He has authorized Surgeon General of New York, under direction of the Governor, to organize a corps of volunteer surgeons to render medical aid when requested.  A similar organization has been made under the Governor of Pennsylvania, and valuable service has been rendered.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Monday Morning, April 7, 1862, p. 2

From Washington

WASHINGTON, March 5.

Lieut. Col. Emery, of the 6^th cavalry, and Cols. [Quinby] and Patrick, of N. Y. have been nominated for Brigadier Generals.

Gen. Lander will be buried from Rev. Dr. Hull’s church, under military escort.  His body guard will be a company of sharpshooters from his native city, Salem, Mass., who have been with him since the fight at Edward’s Ferry.  Half of the pall bearers are to be civilians, Gen. Lander not having cherished special love for the regular army.  The body arrived this morning, attended by a large number of his officers and men.  It has been already embalmed and will be sent to Salem after the funeral.

Philadelphia and New York merchants have petitioned Congress for a resumption of letter and newspaper mail to Panama. – A bill will be introduced soon, restoring the old mail.  At present there will be no mail communication with Central America, the steamship company positively refusing to convey letters or newspapers without the authority of Congress.

The testimony of returned prisoners captured in July, at Falling Water, before the conduct of the war committee, tends to show that with more energy Patterson might have caught Johnston before Bull Run.

The residence of the French minister, M. Mercier, at Georgetown, was burned last night.  Loss $15,000.  The furniture might have been saved by the provost guard, but the Frenchman locked them out, while seeking to extinguish the flames by buckets of water.  All the furniture but a few pieces was thus destroyed.

Col. Jas. H. Spear, of one of the Tennessee regiments organized at Camp Dick Robinson, Ky., was confirmed as Brigadier General to-day.

Andy Johnson, Maynard and Etheridge leave for Nashville to-morrow.  The former is commissioned to form a provisional government.  He will call a State convention which will dispose of Gov. Harris and all his rebel associates in the old State government, and form a new loyal government. – All of these gentlemen hope soon to rejoin their families.

In executive session of the Senate to-day, a resolution was introduced, expressing the sense of the Senate, that no more appointment of Generals should be made, except as reward for gallantry on the field of battle.

Gen. Lander will be buried to-morrow.  The pall bearers are Senators Sumner and Gens. McClellan, Marcy and Williams, and Col. Key, with an escort of artillery, cavalry and infantry.

The Senate amended the military bill to-day so as to repeal the act giving the President power to appoint additional Aids de Camp, thinking 49 enough for Gen. McClellan.  Another bill, recently introduced, giving the president the power to appoint Assistant Adjutant Generals ad libitum will hardly pass.

The bill fixing naval salaries, reported by Senator Sherman was not introduced with the approbation of the committee, but merely to get it before the Senate, the understanding being that it shall not be taken up till the pay of Congress and the army has been reduced.

The House and Senate amendment to the appropriation bill giving but two mileages to members.

The order under our treaty with New Granada which the joint committee sitting here has extended six months, is designed to give a hundred claims pending on the 10^th of May which would otherwise cease, another chance to be passed upon.

Gen. Blenker has been three times before the military committee.  There are some discrepancies between his testimony there and before Van Wyck’s committee.  His case, with other doubtful ones, will be passed on to-morrow by the Senate, which will have a long executive session.

Mr. Browning has the floor on the confiscation bill.  A speech betwixt and between is expected.

Gen. Andy Johnson and Representatives Maynard and Ethridge leave for Tennessee to-morrow.  Gen. Johnson, immediately upon his arrival at Nashville, will call upon the loyal people of the State to elect delegates to a convention to be charged with the duty of declaring vacant the places of Gov. Harris, and his rebel associates, and electing new officers, and sitting a loyal State Government on its feet.

Gen. Spear, of Tennessee was confirmed Brigadier General to-day.

The post Master General complained to-day by letter to the post office committees of both Houses, of the refusal of Com. Vanderbilt to carry the South American mails, and some Northern Railroads to contract to carry the mails.  He recommends that legislation be adopted to relieve the Government from the dictation of railroad and steamboat proprietors.

Special to Post.

A tax upon cotton will be agreed to in the House as an amendment to the tax bill, when that measure comes up for consideration.  The bill is not yet printed.

The finance committee of the Senate has struck out the House appropriation of fifteen million dollars for the construction of gunboats, but the naval committee is urging its restoration.

Senator Johnson leaves Washington to-day for Tennessee.  He has not yet accepted his appointment as Brigadier General.

Information has reached the navy department of the capture of the schooner Lizzie Weston, with a large cargo of 290 bales of cotton, by the gunboat Itasca.  The captured vessel sailed from Apalachicola, Fla., for Havana and a market.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Friday Morning, March 7, 1862, p. 1

Congress and Slavery

The following extract from a Washington letter to the New York Evening Post, shadows forth the danger we are in of losing the golden opportunity which this unhallowed rebellion has given the Government and people of destroying the power of slavery, and thus preventing it inflicting future calamities upon the country:

“Those members of Congress who favor such a policy against the rebellion as will make another impossible in this country for at least another half century, are conferring together, so that some sort of organized action may be had, in and out of Congress, in favor of rigorous measures against the cause of the great rebellion.  The Democratic members of Congress, with here and there a notable exception, are striking hands with the border slave States men and the so-called conservative Republicans, to defeat every bill reported to Senate of House affecting the institution of slavery.  This formidable combination threatens to defeat the bill for the emancipation of the slaves within this district, the Territorial bill, as it is called – the bill from the Territorial Committee of both houses, providing for the occupation and government of the disloyal States – and even the confiscation bill of Senator Trumbull, which is now under discussion in the Senate.

If the press and the people do not keep a watchful eye on the proceedings of Congress every one of these important measures will be defeated by this new coalition.  It is composed of some of the best talent in the House, and it feels strong because, on several small occasions in the House, it has always succeeded in carrying its point. Mr. Diven , of New York, is one of the leaders of the coalition, and several of the Pennsylvania and New Jersey members follow his lead.  The importance of passing some of the measures alluded above is so great that not even the financial measures of the Ways and Means Committee, or Mr. Chase, will be permitted wholly to push them aside.  The debate on the tax bills will not consume the entire time of the House, but these other measures will claim some attention.”

The people will watch these members closely, and woe to that man who fails of his duty in this hour of trial.  The people expect the tax-gatherer, and they will submit with patience to a burden which cannot be avoided, provided they receive some equivalent for all their sacrifices.  But if they are cheated by their representatives on a subject for which they have felt so much and suffered so much, they will hold thee recreants to a strict accountability.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Thursday Morning, March 6, 1862, p. 2

XXXVIIth Congress - First Session

WASHINGTON, March 5.

SENATE. – The confiscation bill was taken up.  Mr. Morrill made a speech in favor of it, when it was postponed until to-morrow.

The senate then took up the bill defining the pay and emoluments of officer of the army.

HOUSE. – The house took up the Senate’s joint resolution appropriating $8,000 for removing the army bakery from the Capitol buildings.

On motion of Mr. Blake, the resolution was tabled by 76 against 42.

Mr. Duell, from the committee on revolutionary pension, reported a bill for the discontinuance of the pension to the children of officers and soldiers of the revolution.

A letter from the Secretary of the Interior was read, in which he said such claims are not justified by the merits of the applicants, and were not presented by those whose services warranted an appeal to the Government; and further, that these claims are generally urged through speculating claim agents.  The bill was passed.

It provides that no claim for pensions or increase of pensions to the widow or children of revolutionary officers, shall be allowed where there is failure to establish claims.

Mr. Edwards, form the committee on public expenditures, reported a joint resolution which was passed, authorizing the Secretary to cause all goods furnished as army supplies, now on hand and unsuitable for use, to be sold for the benefit of the U. S.

Mr. Blair of Mo., from committee on Military affairs, reported a bill to define the pay and emolument; also a bill to provided compensation to loyal citizens for property destroyed, and to prevent the same being used by the enemy.  The consideration of the bills was postponed.

The Vice President presented petitions from citizens of Wisconsin in favor of a bankrupt law.

Mr. Sumner presented a petition from merchants asking for measures for the transmission of the mails to Panama.

Mr. Davis introduced a bill granting pay, pensions and bounty to the volunteers and home guards of Kentucky.

Mr. Sumner introduced a bill to provide for carrying the mails of the United States to foreign ports.

Mr. Latham said for the last few months communication to the Pacific coast has been almost entirely interrupted, in consequence of the unprecedented floods.  The overland mail could not run; commerce was much injured, in consequence of the line of ships plying from New York to Panama had decided that they would not carry the mails nor Government dispatches.  This was an outrage upon the government and the community.  This very company had received ten millions from the Government, and now they take opportunity to force the mail contract from the Government.  Such vessels ought not to be allowed to clear from our ports, or be allowed the protection of our flag if they refused to afford any accommodations to the country.  The bill was referred.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Thursday Morning, March 6, 1862, p. 1

From Washington

WASHINGTON, March 4.

Besides taxed articles telegraphed by the Associated press flour is taxed at 10 cents per brl.; carriage valued above $50 for one horse $1; ditto for two horses $2; carriages valued over 200, $5; over $600, $10; plate of gold 50 cents per troy ounce; plate of silver 3 cents per troy ounce; slaughtered cattle 50 cents each.  Those are not included which are for the slaughterers’ consumption.  Hogs 10 cents, sheep 5 cents – the last to be levied annually, when specified animals are slaughtered.  For soap 5 cents per pound to tallow chandlers and soap makers.  Apothecaries, photographers and other manufacturers, not specified, each $10.

Andy Johnson’s nomination as Brigadier General, was sent into the Senate and confirmed unanimously.  He leaves for Tennessee speedily.

Brevet promotions of all the officers at Pickens have been sent to the Senate.  Some are promoted one grade, and some two.

The statement that Blair procured or attempted to procure an appointment for Sigel, as Major General, as wholly untrue.

The common Council of the city of Washington passed a resolution last night remonstrating against the abolition of slavery in the District by 10 to 5.

One man, said to have been a mail carrier across the Potomac, declared himself a friend to slavery in the District and in every State of the Union, and was willing to wear the brand on his forehead.

The water was all let out of the Ohio and Chesapeake canals on Sunday night, between Georgetown and the Chain bridge, used heretofore for the transportation of provisions to the troops.  The canals will henceforth, be guarded.

Andy Johnson accepts the military governorship of Tennessee, whither he will soon go.

The first five million of new Treasury notes will be issued to pay Quatermaster General’s debts.  With the next issue western and southwestern troops will be paid.

The House military committee is considering the proposition for a National Cemetery, by which three hundred acres will be apportioned among several States.

Gen. Blenker was before the Senate Military committee to-day.

Robt. O. Kirk, late Lieut. Governor of Ohio, has been nominated Minister to the Argentine Confederacy.

Secretary Chase sent the excise bill to the committee of ways and means too late for use in this dispatch.  It makes taxes much heavier, in some cases fifty per cent., than the bill before reported.

Ex-Congressman Abram Wakeman, was nominated Postmaster of New York City to-day.

Thos. Merritt is appointed general superintendent of gunboat Construction.

In the West twenty new gunboats are to be built.

Mr. Cowan made a pettifogging speech against Trumbull’s confiscation bill to-day.  He was fittingly congratulated by Messrs. Powell, Saulsbury and Wickliffe.  Mr. Morrill has the floor to-morrow.

Five or six members are absent from the Washington Common Council, otherwise they would give about a tie vote on the abolition question.

WASHINGTON, March 4.

The following dispatch was received to-night from the correspondent of the Associated Press:

Gen. Banks’ forces occupied Martinsburg yesterday, without opposition, and the pickets continue to bring prisoners; although few in number, they are of much importance.

Among those taken, last night, was the Rev. T. J. McVeigh, chaplain of the 2^nd Va. Infantry.  He was captured by company K, Michigan cavalry, near Berryville.

Intelligence from Winchester leads to the belief that Jackson is there in full force, and has completed his preparations to oppose our approach.  Three miles east of that place the same authority says, the enemy is well provisioned, supplied and clothed.

Gen. McClellan issued a general order, announcing with deep regret, to the army of the Potomac, the death of Brig. Gen. Lander.  He pays a high compliment to his public services, intelligence and courage.

Gen. McClellan to-day issued a general order, dismissing Col. Kerrigan from the service, for the various offenses of which he was convicted by Court Martial.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Thursday Morning, March 6, 1862, p. 1