XXXVIIth Congress -- First Session

WASHINGTON, May 15.

SENATE. – 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.

Report agreed to 24 against 13.

A message was received from the President, recording a vote of thanks to Col. [sic] Farragut and other officers in his expedition.

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 on the table.

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 armament on the Northern lakes.  Laid over.

A message was received from the House announcing the death of G. F. Bailey, of Mass. Mr. Sumner paid a brief tribute to his worth.  The customary resolutions were passed.

Adjourned.

On motion of Mr. Felton 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 damaged done thereto 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 benefited by the act.  The claims ascertained are to be reported to Congress, so that provision may be made for their relief.

Mr. Fenton said this bill had been maturely considered by the committee on claims, and was based on the principles of equity and justice.  While sincerely desirous of indemnifying Union men for the loss 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 sequestered their estates [should] not escape punishment.  Their property and substance should be used to pay the expenses incidental to the suppression of this 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. Morrill, of Vermont, moved the postponement of the bill till Monday week. – The bill should be maturely considered, as it involves the expenditure of one hundred thousand dollars, and if passed, might [supersede] the court of claims.

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

Mr. Morrill’s motion was adopted.

House passed the senate bill authorizing the appointment of medical storekeepers for the army and hospital chaplains.

Among the measures passed are the following: The Senate bill setting apart ten 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 be challenged, and the House bill requiring the oath of allegiance to be taken by attorneys and solicitors in courts within the District of Columbia.

Mr. Potter, from the conference committee on the homestead bill, made a report, which was adopted.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Friday Morning, May 16, 1862, p. 1

The Northwest Ordinance of 1787

An ORDINANCE for the GOVERNMENT of the TERRITORY of the UNITED STATES, North-West of the RIVER OHIO.

BE IT ORDAINED by the United States in Congress assembled, That the said territory, for the purposes of temporary government, be one district; subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient.

Be it ordained by the authority aforesaid, That the estates both of resident and non-resident proprietors in the said territory, dying intestate, shall descend to, and be distributed among their children, and the descendants of a deceased child in equal parts; the descendants of a deceased child or grand-child, to take the share of their deceased parent in equal parts among them: And where there shall be no children or descendants, them in equal parts to the next of kin, in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate, shall have in equal parts among them their deceased parents share; and there shall in no case be a distinction between kindred of the whole and half blood; saving in all cases to the widow of the intestate, her third part of the real estate for life, and one third part of the personal estate; and this law relative to descents and dower, shall remain in full force until altered by the legislature of the district, – And until the governor and judges shall adopt laws as herein after mentioned, estates in the said territory may be devised or bequeathed by wills in writing, signed and sealed by him or her, in whom the estate may be, (being of full age) and attested by three witnesses; – and real estates may be conveyed by lease and release, or bargain and sale, signed, sealed, and delivered by the person being of full age, in whom the estate may be, and attested by two witnesses, provided such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts, and registers shall be appointed for that purpose; and personal property may be transferred by delivery, saving, however, to the French and Canadian inhabitants, and other settlers of the Kaskaskies, Saint Vincent's, and the neighbouring villages, who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to the descent and conveyance of property.

Be it ordained by the authority aforesaid, That there shall be appointed from time to time, by Congress, a governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress; he shall reside in the district, and have a freehold estate therein, in one thousand acres of land, while in the exercise of his office.

There shall be appointed from time to time, by Congress, a secretary, whose commission shall continue in force for four years, unless sooner revoked, he shall reside in the district, and have a freehold estate therein, in five hundred acres of land, while in the exercise of his office; it shall be his duty to keep and preserve the acts and laws passed by the legislature, and the public records of the district, and the proceedings of the governors in his executive department; and transmit authentic copies of such acts and proceedings, every six months, to the secretary of Congress: There shall also be appointed a court to consist of three judges, any two of whom to form a court, who shall have a common law jurisdiction, and reside in the district, and have each therein a freehold estate in five hundred acres of land, while in the exercise of their offices; and their commissions shall continue in force during good behaviour.

The governor and judges, or a majority of them, shall adopt and publish in the district, such laws of the original states, criminal and civil, as may be necessary, and best suited to the circumstances of the district, and report them to Congress, from time to time, which laws shall be in force in the district until the organization of the general assembly therein, unless disapproved of by Congress; but afterwards the legislature shall have authority to alter them as they shall think fit.

The governor for the time being, shall be commander in chief of the militia, appoint and commission all officers in the same, below the rank of general officers; all general officers shall be appointed and commissioned by Congress.

Previous to the organization of the general assembly, the governor shall appoint such magistrates and other civil officers, in each county or township, as he shall find necessary for the preservation of the peace and good order in the same: After the general assembly shall be organized, the powers and duties of magistrates and other civil officers shall be regulated and defined by the said assembly; but all magistrates and other civil officers, not herein otherwise directed, shall, during the continuance of this temporary government, be appointed by the governor.

For the prevention of crimes and injuries, the laws to be adopted or made shall have force in all parts of the district, and for the execution of process, criminal and civil, the governor shall make proper division thereof – and he shall proceed from time to time, as circumstances may require, to lay out the parts of the district in which the Indian titles shall have been extinguished, into counties and townships, subject, however, to such alterations as may thereafter be made by the legislature.

So soon as there shall be five thousand free male inhabitants, of full age, in the district, upon giving proof thereof to the governor, they shall receive authority, with time and place, to elect representatives from their counties or townships, to represent them in the general assembly; provided that for every five hundred free male inhabitants there shall be one representative, and so on progressively with the number of free male inhabitants, shall the right of representation increase, until the number of representatives shall amount to twenty-five, after which the number and proportion of representatives shall be regulated by the legislature; provided that no person be eligible or qualified to act as a representative, unless he shall have been a citizen of one of the United States three years and be a resident in the district, or unless he shall have resided in the district three years, and in either case shall likewise hold in his own right, in fee simple, two hundred acres of land within the same: – Provided also, that a freehold in fifty acres of land in the district, having been a citizen of one of the states, and being resident in the district; or the like freehold and two years residence in the district shall be necessary to qualify a man as an elector of a representative.

The representatives thus elected, shall serve for the term of two years, and in case of the death of a representative, or removal from office, the governor shall issue a writ to the county or township for which he was a member, to elect another in his stead, to serve for the residue of the term.

The general assembly, or legislature, shall consist of the governor, legislative council, and a house of representatives. The legislative council shall consist of five members, to continue in office five years, unless sooner removed by Congress, any three of whom to be a quorum, and the members of the council shall be nominated and appointed in the following manner, to wit: As soon as representatives shall be elected, the governor shall appoint a time and place for them to meet together, and, when met, they shall nominate ten persons, residents in the district, and each possessed of a freehold in five hundred acres of land, and return their names to Congress; five of whom Congress shall appoint and commission to serve as aforesaid; and whenever a vacancy shall happen in the council, by death or removal from office, the house of representatives shall nominate two persons, qualified as aforesaid, for each vacancy, and return their names to Congress; one of whom Congress shall appoint and commission for the residue of the term; and every five years, four months at least before the expiration of the time of service of the members of council, the said house shall nominate ten persons, qualified as aforesaid, and return their names to Congress, five of whom Congress shall appoint and commission to serve as members of the council five years, unless sooner removed. And the governor, legislative council, and house of representatives, shall have authority to make laws in all cases for the good government of the district, not repugnant to the principles and articles in this ordinance established and declared. And all bills having passed by a majority in the house, and by a majority in the council, shall be referred to the governor for his assent; but no bill or legislative act whatever, shall be of any force without his assent. The governor shall have power to convene, prorogue and dissolve the general assembly, when in his opinion it shall be expedient.

The governor, judges, legislative council, secretary, and such other officers as Congress shall appoint in the district, shall make an oath or affirmation of fidelity, and of office, the governor before the president of Congress, and all other officers before the governor. As soon as a legislature shall be formed in the district, the council and house, assembled in one room, shall have authority by joint ballot to elect a delegate to Congress, who shall have a seat in Congress, with a right of debating, but not of voting, during this temporary government.

And for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and constitutions are erected; to fix and establish those principles as the basis of all laws, constitutions and governments, which forever hereafter shall be formed in the said territory, – to provide also for the establishment of states, and permanent government therein, and for their admission to a share in the federal councils on an equal footing with the original states, at as early periods as may be consistent with the general interest:

It is hereby ordained and declared by the authority aforesaid, That the following articles shall be considered as articles of compact between the original states and the people and states in the said territory, and forever remain unalterable, unless by common consent, to wit:

Article the First. No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship or religious sentiments in the said territory.

Article the Second. The inhabitants of the said territory shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature, and of judicial proceedings according to the course of the common law; all persons shall be bailable unless for capital offences, where the proof shall be evident, or the presumption great; and fines shall be moderate, and no cruel or unusual punishments shall be inflicted; no man shall be deprived of his liberty or property but by his judgment of his peers, or the law of the land; and should the public exigencies make it necessary for the common preservation to take any person's property, or to demand his particular services, full compensation shall be made for the same; – and in the just preservation of rights and property it is understood and declared, that no law ought ever to be made, or have force in the said territory, that shall in any manner whatever interfere with, or affect private contracts or engagements, bona fide and without fraud previously formed.

Article the Third. Religion, morality and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and in their property, rights and liberty, they never shall be invaded or disturbed, unless in just and lawful wars authorised by Congress; but laws found in justice and humanity shall from time to time be made, for preventing wrongs being done to them, and for preserving peace and friendship with them.

Article the Fourth. The said territory, and the states which may be formed therein, shall forever remain a part of this confederacy of the United States of America, subject to the articles of confederation, and to such alterations therein as shall be constitutionally made; and to all the acts and ordinances of the United States in Congress assembled, conformable thereto. The inhabitants and settlers in the said territory, shall be subject to pay a part of the federal debts contracted or to be contracted, and a proportional part of the expences of government, to be apportioned on them by Congress, according to the same common rule and measure by which apportionments thereof shall be made on the other states; and the taxes for paying their proportion, shall be laid and levied by the authority and direction of the legislatures of the district or districts or new states, as in the original states, within the time agreed upon by the United States in Congress assembled. The legislatures of those districts, or new states, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States; and in no case shall non-resident proprietors be taxed higher than residents. The navigable waters leading into the Missisippi and St. Lawrence, and the carrying places between the same shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost or duty therefor.

Article the Fifth. There shall be formed in the said territory, not less than three nor more than five states; and the boundaries of the states, as soon as Virginia shall alter her act of cession and consent to the same, shall become fixed and established as follows, to wit: The western state in the said territory, shall be bounded by the Missisippi, the Ohio and Wabash rivers; a direct line drawn from the Wabash and Post Vincent's due north to the territorial line between the United States and Canada, and by the said territorial line to the lake of the Woods and Missisippi. The middle state shall be bounded by the said direct line, the Wabash from Post Vincent's to the Ohio; by the Ohio, by a direct line drawn due north from the mouth of the Great Miami to the said territorial line, and by the said territorial line. The eastern state shall be bounded by the last mentioned direct line, the Ohio, Pennsylvania, and the said territorial line: Provided however, and it is further understood and declared, that the boundaries of these three states, shall be subject so far to be altered, that if Congress shall hereafter find it expedient, they shall have authority to form one or two states in that part of the said territory which lies north of an east and west line drawn through the southerly bend or extreme of lake Michigan: and whenever any of the said states shall have sixty thousand free inhabitants therein, such state shall be admitted by its delegates into the Congress of the United states, on an equal footing with the original states in all respects whatever; and shall be at liberty to form a permanent constitution and state government: Provided the constitution and government so to be formed, shall be republican, and in conformity to the principles contained in these articles; and so far as it can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the state than sixty thousand.

Article the Sixth. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in punishment of crimes whereof the party shall have been duly convicted: Provided always, that any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original states, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.

Be it ordained by the authority aforesaid, That the resolutions of the 23d of April, 1784, relative to the subject of this ordinance, be, and the same are hereby repealed and declared null and void.

DONE by the UNITED STATES in CONGRESS assembled, the 13th day of July, in the year of our Lord 1787, and of their sovereignty and independence the 12th.

SOURCE: Library of Congress, Washington, D. C.

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