XXXVIIth Congress -- First Session

WASHINGTON, April 30.

SENATE. – Mr. Harris presented a memorial from the Chamber of Commerce of N. Y., on the system of taxation.

Mr. Wade, from the committee on the conduct of the war, made a report in relation to the barbarous treatment of our soldiers at Manassas.  The report was ordered to be printed.

On motion of Mr. Wade the homestead bill was taken up.

Mr. Carlisle offered a substitute for the bill which was postponed till to-morrow.

Mr. Nesmith introduced a bill to amend the act of 1851 for a military hospital for invalid soldiers.

Mr. Powell’s resolution calling on the Secretary of State for information concerning the arrest of persons in the State of Kentucky was taken up.  Mr. Powell said he had been much annoyed at the opposition to this resolution.  The substitute offered by the Senator from Mass. (Sumner) was merely an attempt to avoid getting the information asked for.

After some debate the morning hour expired.  The confiscation bill was then taken up.  Messrs. Wilmot and Wright spoke in its favor and McDougal against it.

HOUSE. – Mr. Emmet submitted two bills, one to confiscate rebel property and to provide for the payment of the expenses of the present rebellion, and the other to provide for freeing the slaves of all rebels who have taken arms against the government.  Referred to the select committee.

Mr. Wickliffe asked leave to introduce a resolution of inquiry, to ascertain by what authority Gen. Hunter had issued an order to emancipate the slaves in the manner expressed by Messers. Hutchins, Lovejoy and others.  Objection was made to the introduction of the resolution.

The resolutions reported from the committee on government contracts were taken up.  Mr. Stevens’ motion to lay them on the table was rejected – yeas 17, nays 107.

The following resolution was read:

Resolved, That the Secretary of the Treasury be requested to adjust the claim against the Government for the 5,000 Hall’s carbines, through Simeon Stevens by Gen. G. C. Freemont, on the 6th day of August, 18612, and afterwards delivered at U. S. Arsenal at the city of St. Louis, on the basis of a sale of such arms to the Government for #12.50 each, rejecting all other demand against the government on account of the purchase of said arms.

An unsuccessful effort was made to amend the resolution by making it ready “purchased from S. Stevens.”

Mr. Fenton moved to amend the resolution by adding “providing that nothing herein contained exonerate the Government from the payment of any claims arising from advances made in good faith on certificates by authorized officers of the Government.”

This was rejected by 53 against 71.  The resolution, as originally reported, was adopted by 123 against 28.

The House adopted a resolution censuring Mr. Cameron, by a vote of 79 against 45.

A resolution censuring Secretary Welles was rejected – 45 against 72.

The House then went into committee of the whole on the Pacific R R. bill.  Not much progress made.

Adjourned.

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

Within a year Congress has . . .

. . . done more for the benefit of the great mass of the people than during the twenty years of peace which preceded it.  Prior to this war the Government was run exclusively for the benefit of a class, and that class the last one that should have been favored.  All questions of tariff, currency, commerce, revenue, and the public lands were decided to suit the interests and the whims of the planters.  States that excluded slavery were themselves excluded from the Union, or insulted and kept waiting for years.  Tariffs had to be adjusted to suit the ideas of 350,000 planters and breeders of slaves and the public lands so disposed of and managed to facilitate their occupancy by planters in large tracts, to the exclusion of poor white men.  Things are now entirely changed.  Congress is legislating for the benefit of the whole people.  Our foreign relations are now managed with a view to promote commercial intercourse and prosperity of the whole country.  The Pacific Railroad might now be built but for the fact that we are engaged in a great war.  But most important of all “THE HOMESTEAD BILL” has passed both houses of Congress and become law.  This is a most beneficent measure, destined to produce the most important results.  It is destined to do more for us as a nation than all the legislation of the last fifty years – to greatly accelerate our rapid growth – to largely increase our substantial wealth and national strength and glory.  The friend of civilization and progress – the poor and humble and down trodden, not only of America, but of the whole world, have reason to thank God and take courage.  The desolation of civil war and blood-shed is upon this generation, but the homestead law is for all time.  The National Domain stretching far to the West and South, large enough to make thirty States as big as Iowa, is reserved and offered without money and without price, free homes for free white men.  Who can calculate the vast results to flow, even in fifty years from the passage of this law?

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, May 31, 1862, p. 2

[The Homestead Act]

OFFICIAL

LAWS OF THE UNITED STATES

Passed at the Second Session of the Thirty Seventh Congress.

(PUBLIC – No. 64.)

AN ACT to secure homesteads to actual settlers on the public domain.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who is the head of a family, or who has arrived at the age of twenty one years, and is a citizen of the United States, or who shall have filed his declaration of intention to become such, as required, by the naturalization laws of the United States, and who has never borne arms against the United States Government or given aid and comfort to its enemies, shall, from and after the first January, eighteen hundred and sixty-three, be entitled to enter one quarter section or less quantity of unappropriated public lands upon which said person may have filed a pre-emption claim, or which may, at the time the application is made, be subject to pre-emption at one dollar and twenty-five cents, or less, per acre, or eighty acres or less of such unappropriated lands, at two dollars and fifty cents per acre to be located in a body, in conformity to the legal subdivisions of the public lands, and after the same shall have been surveyed. Provided, That any person owning and residing on land may, under the provisions of this act enter another land lying contiguous to his or her said land, which shall not, with the land so already owned and occupied, exceed in the aggregate one hundred and sixty acres.

SEC 2  And be it further enacted, That the person applying for the benefit of this shall upon application to the register of the land office in which he or she is about to make such entry, make affidavit before the said register or receiver that he or she is the head of the family, or is twenty-one or more years of age, or shall have performed service in the army or navy of the United States and that he has never borne arms against the Government of the United States or given aid and comfort to its enemies, and that such application is made for his or her exclusive use and benefit and that said entry is made for the purpose of actual settlement and cultivation, and not either directly or indirectly for the use or benefit of any other person or persons whomsoever and upon filing the said affidavit with the register or receiver, and on payment of ten dollars, he or she shall thereupon be permitted to enter the quantity of land specified.  Provided, however, That no certificate shall be given or patent issued therefor until the expiration of five years from the date of such entry, and if at the expiration of such time, or at any time within two years thereafter, the person making such entry – or if he be dead, his widow; or in case of her death his heirs or devisee, or in case of a widow making such entry, her heirs or devisee, in case of her death – shall prove by two credible witnesses that he, she or they have resided upon or cultivated the same for the term of five years immediately succeeding the time of filing the affidavit aforesaid and shall make affidavit that no part of said land has been alienated, and that he has borne true allegiance to the Government of the United States then in such case, he or she, or they, if at that time a citizen of the United States shall be entitled to a patent, as in other cases provided for by law.  And provided further, that in case of the death of both father and mother, leaving an infant child, or children under twenty-one years, the right and fee shall enure to the benefit of said infant child or children and the executor, administrator, or guardian may at any time within two years after the death of the surviving parent, and in accordance with the laws of the State in which such children for the time being have their domicil, sell said land for the benefit of said infants, but for no other purpose, and the purchaser shall acquire the absolute title by the purchase, and be entitled to a patent form the United States on payment of the office fees and the sum of money herein specified.

SEC 3  And be it further enacted, That the register of the land office shall note all such applications on the tract books and plats of his office, and keep a register of all such entries and make return thereof to the General Land Office together with the proof upon which they have been founded.

SEC 4  And be it further enacted, That no lands acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therfor.

SEC 5  And it be further enacted,  That if, at any time after the filing of the affidavit, as required in the second section of this act, and before the expiration of the five years aforesaid, it shall be proven, after due notice to the settler, to the satisfaction of the register of the land office, that the person having filed such affidavit shall have actually changed his or her residence, or abandoned the said land for more than six months at any time, then and in that event the land so entered shall revert to the Government.

SEC 6  And be it further enacted, That no individual shall be permitted to acquire title to more than one quarter section under the provisions of this act, and the commissioner of the General Land office is hereby required to prepare and issue such rules and regulations consistent with this act as shall be necessary and proper to carry its provisions into effect, and that the registers and receivers of the several land offices shall be entitled to receive the same compensation for any lands entered under the provisions of this act that they are not entitled to receive when the same quantity of land is entered with money, one half to be paid by the person making the application at the time of so doing, and the other half on the issue of the certificate by the person to whom it may be issued, but this shall not be construed to enlarge the maximum of compensation now prescribed by law for any register or receiver.  Provided, That nothing contained in this act shall be so construed as to impair or interfere in any manner whatever with existing pre-emption rights.  And provided further, That all persons who may have filed their applications for a pre-emption right prior to the passage of this act shall be entitled to all the privileges of this act.  Provided further, That no person who has served or may serve, for a period of not less than fourteen days in the army or navy of the United States, either regular or volunteer, under the laws thereof, during the existence of an actual war, domestic or foreign, shall be deprived of the benefits of this act on account of not having attained the age of twenty one years.

SEC 7  And be it further enacted, that the fifth section of the act entitled, ‘An act in addition to an act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes,’ approved the third of March, in the year eighteen hundred and fifty-seven, shall extend to all oaths, affirmations, and affidavits, required or authorized by this act.

SEC 8  And be it further enacted, that nothing in this act shall be so construed as to prevent any person who has availed himself or herself of the first section of this act form paying the minimum price, or the price to which the same may have graduated, for the quantity of land so entered at any time before the expiration of the five years, and obtaining a patent therefore from the Government, as in other cases provided by law, on making proof of settlement and cultivation as provided by existing laws granting pre-emption rights.

Approved May 20, 1861.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, May 31, 1862, p. 1

The Republican Party

The Republican party of the Union, at its great convention held in Chicago on the 16^th, 17^th and 18^th of May, 1860, in which all the non-slaveholding states, and Maryland, Delaware, Virginia, Kentucky, Missouri and Texas, were represented set forth a formal declaration of their principles and of the ends they desired to attain.

Let us review these principles and objects, as embraced in the platform of the party, adopted at this convention:

1^st  That the Republican party should be perpetual.

That is a question which the party itself will decide.

2d that the principles of the Declaration of Independence are essential to the preservation of our Government.

On that point we all agree.

3d  That to the Union of the States the nation owes its prosperity and greatness.

On that point all but traitors agree.

4^th  That the right of each state to control its own domestic institutions is inviolate.

On that point we all agree.

5^th  That Mr. Buchanan’s administration was an unmitigated nuisance.

On that point we all agree.

6^th  That extravagance in the management of the Federal revenue should be avoided, and strict economy be practiced.

On that we all agree.

7^th  That the dogma that the Constitution carries slavery into all the Territories is a false and dangerous one.

The Republican party have settled this question by organizing all the Territories, and thus making this issue a dead one.

[8^th]  That the normal condition of all the Territories is that of freedom.

The same remark as above applies to this.

9^th  That the African Slave trade should be stopped.

We all agree on that.

10^th  That the administration of Mr. Buchanan was dishonest on the popular sovereignty issue.

We all agree on that.

11^th  That Kansas should be admitted as a free State.

Kansas has been admitted as a free State.

12^th  That working men should have fair wages, farmers have good prices, merchants and manufacturers adequate rewards, and the nation commercial prosperity and independence.

To which all the people say amen!

13^th  That the Homestead bill should be passed.

The Homestead bill has passed.

14^th  That there should be no change in the naturalization laws.

And we all agree on that.

15^th  That needful harbor and river improvements, of a national character, are constitutional.

The people will not dispute that.

16^th  That we should have an overland mail to California and that the Pacific Railroad Bill should be passed.

We have the overland mail, and the Pacific Railroad bill has passed.

So that it appears that the Republican party, fresh, young, vigorous and impetuous, have very nearly completed all the work that they laid out for themselves to do.

The only live issues they have left for themselves are:

1^st  The preservation of the Union of the States.

2d  The right of each State to control its own institutions.

3d  The necessity of economy in public expenditure.

4^th  To secure good wages and good prices to both consumer and producer.

On all these issues the Republicans of Missouri, and the other Union men of Missouri of no matter what previous political affinity, can stand shoulder to shoulder, and fight and triumph together.

And no man, or set of men, have the right to interpolate any new dogma, to call it a Republican Doctrine, and to denounce men as anti-Republicans who will not accept it.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, May 31, 1862, p. 1

The passage of the Homestead bill . . .

. . . will no doubt be considered an unconstitutional and fanatical proceeding by the Vallandighammers, as it may operate to prevent the rebel slave-owners and breeders from turning the public domain into large plantations, and give it in small farms to white men.  Is it not an aggravated violation of Southern Rights?

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, May 31, 1862, p. 1

The Homestead Bill . . .

. . . has passed both Houses of Congress, and is probably now a law.  It goes into effect on the 1^st day of January next.  The following is a synopsis of its provisions:

All the lands owned by the Government are open to settlement under it in quantities not exceeding 160 acres to each person.

Any person who is a citizen of the United States, or has declared intention to become such, who is 21 years old, or the head of a family, or has served in the military or naval services of the country during this Rebellion, can make the entry on the payment of ten dollars, and the fees of the Register and Receiver of the Land Office. – That is all the settler has to pay at any time.

The act takes effect on the 1^st of January next, and requires a residence and cultivation of five years to perfect the title.

Any person can enter, under this act, land on which he has a pre-emption claim.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, May 24, 1862, p. 2

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

The Homestead bill. . .

. . . giving every man who will settle upon, and cultivate it, a free farm from the public lands, which passed the Senate by a vote of 33 to 7, had previously passed the House, and now only awaits the signature of the President to become a law.

It is a beneficent measure, and will do much to hasten the settlement and development of the free territories of the West.  Every poor man can now, if he chooses to avail himself of the Government’s free gift, become the possessor of a farm.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, May 17, 1862, p. 1

First Session -- 37th Congress

WASHINGTON, May 2. – HOUSE. – Mr. STEVENS, from the committee on Ways and Means, reported a bill making appropriations for the support of the army for the year ending with June 1862.

The House then took up and finally discussed the bill granting pensions.

Mr. GOODWIN said the bill had been carefully prepared and was unanimously reported from the Committee on Invalid Pensions, after being submitted to the Commissioner of Pensions for all persons whether regulars or volunteers, engaged in the military and naval service who have been disabled or wounded since the 4^th of March, 1861, and while in the service of the United States, in line of duty, &c.

The further consideration of the subject was then postponed until Tuesday next.

Mr. ODELL presented a memorial from the Chamber of Commerce in favor of a tax upon all sales of merchandise, by which it is estimated that $115,000,000 can be annually collected.

The house went into consideration of private bills.

Messrs. MORRILL of Vermont, BIDDLE and VORHEES the first named having rose to a special explanation made remarks exculpating Gen. Smith from the charge of drunkenness.

Mr. WASHBURNE also defended General Grant on similar charges.

Mr. RICHARDSON thought all these things ought to be left to the military authorities.  If the riot act was read dispersing congress the army would get along much better.

Mr. FISHER vindicated Delaware from the remarks of Senator Saulsbury.

At the conclusion of Mr. FISHER’S remarks the House adjourned till Monday.

WASHINGTON, May 2. – SENATE – The president pro tem presented a message from the President in regard to the arrest of Gen. Stone which has already been reported.  The President says he will be allowed a trial without unnecessary delay.  Charges and specifications furnished him and every facility for defense afforded him by the war department.

The Confiscation bill was taken up and discussed by Messrs. Doolittle, Cowen and Wade and adjourned till Monday.

WILSON of Mass. From the Military Committee reported back the bill to facilitate the discharge from enlistment for special disabilities.

Mr. HALE offered a resolution that the Naval Committee inquire into the expediency of providing for appointments to the naval corps the same as to the Naval academy adopted.

Mr. SUMNER gave notice that he should introduce a bill to abolish coast wise traffic in slaves and to prevent the transportation of slaves through the United States.

On motion of Mr. WADE the Homestead bill was taken up.  An amendment was adopted excluding from the benefits of the bill any person who has been in arms against the U. S. or who has given aid and comfort to the enemy.

On motion of Mr. POMROY the bill was postponed until Monday.

Adjourned.

WASHINGTON, May 5. – SENATE. Mr. HARRIS presented a petition in favor of a general Bankrupt Act.

Mr. TENEYOK offered a resolution that the Military Committee enquire into the propriety of extending provision of the Act offering $100 to volunteers honorably discharged and to such volunteers as may have been or hereafter may be disabled by warrants and discharged. – Adopted.

HOUSE.  Mr. ALDRICH introduced a bill indemnifying the people of Kansas for losses and depredations.  Referred.

The House passed the bill to provide increased revenues from imports and to pay the interest on the public debt, &c.

The House then went into Committee of the Whole on the Pacific Railroad bill.

Mr. FREDERICK A CONKLING immediately moved that the committee rise with an intention to move the postponement of the bill till the second Monday in December next.

The Motion was lost by a vote of 34 against 61.

WASHINGTON, May 5. – Mr. WILSON from the Military Committee, reported back the bill to limit the number of Major Generals and Brigadier Generals with an amendment making the Major General 30 instead of 20.  The amendment was adopted.

Mr. HALE moved to strike out 200 and insert 180 as the number of Brigadier Generals.

Mr. WILSON of Massachusetts hoped the bill would pass.  He thought 150 Brigadier Generals enough.  About 150 had been sent in here.

Mr. CLARKE thought we ought to make the bill according to the service and not according to the appointments.  The chairman of the Military Committee (Mr. Wilson) thinks that 150 Brigadier Generals is enough and yet we refuse to put the number down because we have got these appointments here and have not [illegible]ness to strike them out.

Mr. WILSON said he thought 150 enough but the President and Secretary of War seemed to think more were necessary.

Mr. HALE.  That would look to the country as if we were legislating for the salvation of the Brigadier Generals and not for the salvation of the country.

The bill was laid over.

Mr. WADE introduced a bill donating public lands to several States and Territories which provides for the benefit of agriculture and public acts.  Referred.

Mr. WILSON of Massachusetts offered a joint resolution to suspend all business under the act entitled an act to secure to the officers and men employed in the Western Department and Missouri their pay bounty and pensions.  Carried.

He also presented a joint resolution relative to an exchange of prisoners that humanity and sound policy require that the officers and men of the Army and Navy of the United States held as prisoners by the force now in arms against the authorities of the Government should be released from captivity by such exchanges as may be needful and such exchanges as a measure of humanity and military expediency would recognize solely admitted facts that these forces in arms against the authority of the United States held in captivity in prisons whom it is desirable to release by necessary practical measures.  Referred.

Mr. HALE moved to take up the resolution offered by him some time since in regard to a debate in the Senate.  Rejected yeas 17 nays [22].

The homestead bill was then taken up.

Mr. POMEROY opposed it.

The confiscation bill was then taken up.

Mr. HOWE against it.

Executive session – adjourned.

HOUSE – Various amendments were made when the committee rose and reported the bill to the house.  The previous question was ordered of the bill which was ordered to be printed in order that the House might examine the amendments with the understanding that the vote was to be taken on its passage at 2 o’clock to-morrow.

Adjourned.

WASHINGTON, May 6. – HOUSE. – Mr. COLFAX by unanimous consent introduced a bill to prevent frauds on the Government, which provides that all persons engaged in furnishing supplies of any kind for any Department of the Government by contract or otherwise or performing any service therefore who shall be found guilty in any United States Court, and all accessories therefore shall be sentenced to imprisonment for not less than six months nor more than 10 years and a fine not exceeding double the amount of the fraud and all officers are required when fraud is discovered to institute suit.  Referred to the Judiciary Committee.

Mr. BINGHAM from the committee on the Judiciary offered a resolution that a committee of two be appointed to go [to] the Senate and at the bar there in the name of the House of Representatives and of the people of the United States impeach West H. Humphreys Judge of the District Court of the United States for Tennessee for high crimes and misdemeanors, and acquaint the Senate, and the House will in time exhibit particular articles of impeachment against him and make good the same and that the Committee demand that the Senate take measures for the appearance of said West H. Humphreys to answer said impeachment.

In response to a question, for information, the report of the Judiciary committee was read which in effect charged that the Judge acted out his secession proclivities.

Mr. MAYNARD showed the justice of the present proceeding for impeachment.

The resolution was adopted.

Mr. DAVIS called up the California election case reported form the Committee on Elections, declaring that F. F. Lowe is not entitled to a seat as a Representative from that State.

Mr. DAWES explained that the prayer of the memorialists was founded on a statute of the United States as well as the Constitution of the State of California claiming three Representatives in the present Congress, the number to which she is entitled under the apportionment taken on the last census.

The Pacific Railroad bill passed by 80 majority.

WASHINGTON, May 6. – SENATE. – Mr. SHERMAN offered a resolution that the Secretary of War communicate to the Senate all copies of reports of the officers in command at the recent battle of Pittsburgh.  Laid over.

Mr. KING presented petitions in favor of a bankrupt act.

The Homestead Bill was then taken up.  The question being on Mr. CARLISLE’S amendment, which was rejected by yeas 11, nays 28.  The bill was then passed, yeas 33, nays 7.

YEAS – Anthony, Browning, Chandler, Clark, Collamer, Cowan, Dixon, Doolittle, Fessenden, Foote, Foster, Grimes, Hale, Harris, Henderson, Howe, Kennedy, King, Lane, of Indiana, Lane, of Kansas, McDougall, Murrill, Penny, Sherman, Simmons, Sumner, Ten Eyck, Wade, Williamson, Wilson, of Mass., Wilson, of Missouri, Wright.

NAYS – Bayard, Carlisle, Davis, Powell, Saulsbury, Willey.

Mr. ANTHONY moved to postpone the special order.  Negatived – Yeas 14, Nays 23.

The Confiscation bill was then taken up.

Mr. WILSON of Mass., offered an amendment to the amendment of the Senate, striking out all after the first section and substituting the second section.  It provides that the act shall not be construed in any way to effect the punishment of any person for treason.  The third section authorizes and requires the President to seize the property of the leading rebels substantially as the Sherman amendment to the original bill.  The fourth section provides that whenever it becomes necessary to suppress the rebellion, the President be authorized to seize the personal property of other rebels not included in the list.

The 5^th section provides that when the owners of property flee so that they cannot be brought to trial and do not appear by a certain day specified by the Constitution, the property be confiscated and the slaves freed.

The 6^th section provides that the President be authorized and required to make proclamation and fix the day not more than 30 days after those persons who continue rebellion, their slaves shall be set free.

The 7^th section provides for voluntary colonization and emigration.

The 8^th section gives the President power of amnesty.

Mr. WILSON briefly explained his substitute.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, May 10, 1862, p. 4

FIRST SESSION - 37TH CONGRESS

WASHINGTON, April 30. – HOUSE. – Mr. ELLIOTT submitted two bills, one to confiscate rebel property and to provide for the payment of the expenses of the present rebellion and the other to provide for freeing the slaves of all rebels who have taken up arms against the Government. Referred to the Select Committee.

Mr. WICKLIFFE asked leave to introduce a resolution of inquiry to ascertain by what authority Gen. Hunter hand issued an order to emancipate slaves in the manner expressed by Messrs. Hutchins, Lovejoy and others.

Objection was made to the introduction of the resolution.

The resolution from the Committee on Government contracts was taken up.

Mr. STEVENS moved to lay them on the table, which was rejected. Yeas, 17, Nays 107.

The following resolution was received.

Resolved, That the Secretary of the Treasury be requested to adjust the claim against the Government for the 5000 Hall carbines, purchased through Simon Stevens, by Gen. John C. Fremont, on August 6th, 1861, and afterwards delivered at the U. S. arsenal at the city of St. Louis, on the basis of a sale of such arms to the Government for $12.50 each, and rejecting all other demands against the Government on account of the purchase of said arms.

An unsuccessful effort was made to amend the resolution by making it read:

Purchased for Simon Stevens.

Mr. FENTON moved to amend the resolution by adding “providing that nothing herein contained shall be so construed as to exonerate the Government from the payment of any claims arising for the advances made in good faith, on certification by the authorized officers of the Government.” This was rejected 53 to 71.

The resolution as originally reported was adopted by 123 to 28.

The House adopted a resolution censuring Mr. Cameron by a vote of 76 to 45.

A resolution censuring Mr. Welles, Secretary of the Navy, was rejected 45 to 72.

The House then went into Committee of the Whole on the Pacific Railroad bill. Not much progress was made on it. Adjourned.


SENATE. – Mr. HARRIS presented a memorial from the Chamber of Commerce of New York, on the system of taxation.

Mr. WADE from the Committee on the Conduct of the War, made a report in relation to the barbarous treatment of our soldiers at Manassas. The report was ordered to be printed.

On motion of Mr. WADE the homestead bill was taken up.

Mr. Carlisle offered a substitute for the bill, which was postponed until to-morrow.

Mr. NESMITH introduced a bill to amend the act of 1851 for a military hospital for invalid soldiers.

Mr. POWELL’s resolution calling on the Secretary of State for information concerning the arrest of persons in the state of Kentucky was taken up.

Mr. POWELL said that he had been much annoyed at the opposition to this resolution. The substitute offered by the Senator from Massachusetts (Sumner) was merely an attempt to avoid giving the information asked for.

After some debate the morning hour expired. The Confiscation bill was taken up. Messrs. WILMOT and RIGHT spoke in its favor, and Mr. McDOUGAL against it.


WASINGTON, May, 1. – HOUSE. – Mr. BLAIR of Missouri, called up the bill recently reported form the Military Committee, authorizing the appointment of a Board on Fortifications, to provide for the coast and other defences, of the United States, and for other purposes, and abstract of which was published on the 24th of April.

Mr. BLAIR explained the provisions of the bill, and in response to a question, said it surrendered the appropriations already made. It also provides that the money shall be expended upon such works or defences, as shall be named by the commission, proposed to be created by the bill. The consideration of the bill was postponed until Tuesday.

Mr. LOVEJOY from the Committee on Territories, reported a bill to render Freedom national and slavery sectional.

The house then went into committee of the Whole on the Pacific Railroad bill.

The time was occupied in the explanation of numerous amendments, when the Committee rose without coming to any consideration of the bill. Adjourned.


SENATE. – Mr. HOWARD presented petitions in favor of a general bankrupt law.

Mr. WRIGHT, also, presented petitions for a bankrupt act, and said that more of them are coming from Indiana.

Mr. WILSON, of Massachusetts, offered a resolution, that the Secretary of War, be requested to report whether one Frederick Emory, who murdered Wm. Phillips in Leavenworth, Kansas in 1855 or 1856, had been appointed to any place in the Department of Kansas.

Mr. LANE, of Kansas, said the Government had before it to-day, the Kansas difficult, and he presumed it would correct the evil. The resolution was laid over.

The Confiscation bill was taken up.

Mr. WILSON, of Massachusetts, offered, as an amendment to the sixth section of Mr. Collamer’s substitute, authorizing the President to make a proclamation and free the laves of those who continue in the rebellion for 30 days.

Messrs. WILSON and MORRILL spoke in favor of the bill.

Mr. DAVIS offered a resolution, declaring that the war now carried on by the United States, shall be vigorously prosecuted and continued to compel obedience to the Constitution and laws, within the limits of every territory, by all the citizens and residents thereof, and for no further end whatever.

On motion of Mr. SUMNER, the resolution was laid over.

On motion of Mr. WILSON, of Massachusetts the resolution asking the Military Committee to enquire whether any further legislation was necessary to prevent soldiers and officers from returning fugitive slaves was taken up.

Mr. SUMNER said he was glad the Senator from the State of Iowa, in his speech, had called attention to some officers concerning their treatment of fugitives. One General who lately made an order returning fugitives was a native of Massachusetts, and he (Sumner) used his influence to get him appointed. If he had known that Gen. Hooker would have made such an order, he never would have tried to get him an appointment. When a General falls in battle there is honor in it, and we regret his death, but when a General falls as Gen. Hooker has fallen, there can be nothing but regret. He rose to call attention to the order of Col. Doubleday, and contrasted it with that of Gen. Hooker, saying that he (Doubleday) was an honor to his country.

Mr. SUMNER then referred to Gen. McCook at the West, and also to the conduct of the Provost Marshal at Louisville, as being disgraceful to the army. Mr. S. also read and account of how blacks were oppressed at Louisville.

Mr. DAVIS asked Mr. Sumner where he got his account.

Mr. SUMNER said from the newspapers in New York.

Mr. DAVIS had no doubt of the falsity of the account.

Mr. WILSON of Massachusetts said that he had abundant evidence of the disgraceful treatment of fugitive slaves by portions of the army.

Mr. SUMNER also referred to the return of fugitive slaves from the camps of General Buell, and to the order of Gen. Halleck excluding all fugitives from his lines. Sumner said the order was unconstitutional, absurd and deficient in common sense, an outrage upon common humanity and unworthy of a soldier. Such an order would exclude all the valuable information received from fugitives such as for instance the capture of New Orleans and the evacuation of Fredericksburgh.

Mr. SAULSBURY offered as an amendment to the resolution the following: And also to enquire what further legislation is necessary to prevent the illegal capture and imprisonment of free white citizens of the United States.

Mr. SAULSBURY referred to the number of persons taken from the States of Delaware and Maryland. They had been seized by military authorities and dragged away to forts and prisons, after being kept a week or two were discharged because no fault could be found with them.

These men belonged to a class who are deemed to be of no account, and whose interest do not appear to be cared for, for they are unfortunately are free white persons. The men who had committed no offense were reserved in violation of every law and every night. If the wrongs of the negro are to be redressed he could only ask that the same justice might be meted out to white men. He also asked nothing further. Men who were disloyal to the Government, he would have punished to the full extent of the law.

The Senate [then] went into Executive Session, after which it adjourned.

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