-th CONGRESS-4nm SESSION;
CLOSE 'OP 'YESTERDAY'S EDODEEDTRSS.
• SEtherE.—Mr. Henderson (Mo.).Presentea
the petition of citizens of Missouri on the
subject of reconstruction, asking Congress
tuannul the acts of the President in estab
lishing civil governments in the South, and
to secure equal rights to all, without dis
tinotion on account of color.
Referred to the Special Committee of Fif.
teen..
• - Mr. Lane (Ind.) presented the petition:a
Assistant Assessors of Internal Revenue for
an 'increase of compensation. Referred to
the Committee on Finance.
• 'MrMorgan (N. Y.) presented the memo
rial of the Loyal League Club, of New York,
on the subject of-reconstruction, which was
referred to the Committee on Reconstruc-
•
Lion.
Mr. Sumner (Mass.) presented a petition
from citizens of Massachusetts, and also
from citizens of Wisconsin, asking for equal
rights. Referred to the Special Committee.
Mr. Wade (Ohio) introduced the following
joint resolution, propobing an amendment
to the Constitution:
Besolv'ed, &c., That the following article
be proposed to the Legislatures of the seve
ral States as an amendment to the Constitu
tion of the United States, which,. when rati
fied by three-fourths of the said Legisla
turesrshall be valid as part of said Constitu-
tion viz .
Article. The . executive power shall be
tested in a President of the United States of
America. He shall hold his office during
the term of four years, and shall not again
be eligible to that office during the term of
his natural life. ln 'case of the removal of
the President from office, or of his death,
resignation, or inability to discharge the
powers and &ides of the said office, the
same shall devolve on thb Vice President,
who shall not again be eligible to the office
of President of the United. States during the
.term of his natural life. Whenever Con
* gress may, by law, provide for the case of
removal by death, resignation or inability,
both of the President and Vice president,
declaring what officer shall then act as Pre
sident, such officer shall not again be eli
gible to the office of President of the United
• States during the term of his natural life.
. Mr. Wade, in offering this resolution said:
I 'rill state that it is no new idea of mine,
for I nave been an advocate of it for many
;:years, and I have derived the very strong
impressions I have on the subject by a very
careful observation of -the workings of our
Government, through such periods as I
have been an observer of it. And I believe
it has been very rarely that we have been
able to elect a President of the United States
who has not been tempted to use the vast
powers intrusted to him, according to his
own opinions, to advance - his re-election;
and when I say this of the Presidents who
have preceded us, I say it in no attempt to
depreciate the merits of these men, because
the Cohstitulion places before them tempta
..tiona.!which we can hardly expect that
litunan nature will resist; and in tne long
run, sir, it never will resist them.
Early-in the history of our Government
. f Washington himself, who was exceedingly
• sagacious in the workings of the Govern
-merit, informed us that it was his opinion
that here was a weakness that ought to be
remedied. He saw it early. He' aw that a
man inistrusted with these more than regal,
powers during the period he is Preaident
.I:iiight be tempted to use them for his ad
. vancement afterwards, and almost all the
Presidents since have felt the necessity of
some such check upon personal ambition.
It is the indication of more than human
wisdom to be relieved from these tempta
tions. We might trace this, had we time,
through preceding administrational, and we
should find that this influence weighed like
gravitation upon thaminds of almost every
President we ever had. How is it, sir, in
the present case? I have no doubt that the
present• Chief Magistrate came into his
office while he was perfectly single in his
mind, sincere and truthful in his opinions.
What were some of theae opiniOns? Why,
sir, he spoke, and reiterated it every day for
two months, that treason was alreat crime;
that it ought to be punished; that it must be
relidered odious, and that he was the man
to do this. He said it to every delegation
that waited on him, until the words became
stereotyped on the minds of the whole
people. How, sir, has - he- performed that
pledge? Has he punished anybody? Why,
sir, we have the unheard-of spectacle of one
of the greatest rebellions that ever cursed
mankind, involving more people, more
lives, more expense ' thanall the rebellions
that have ever occurred in history. And'
yet, sir, no man has been punished in con
sequence of it! Something is wrong. If
this is all right, then the whole system of
penitentiaries throughout the whole Union
ought to be abolished. Sir, the President
was right when he said that "treason was a
great crime, and ought to be rendered
callous." Why did he not carry out this
Qiiolaration? What has occurred to change
his position on this' question? I will not
.say that this ambition, which has tempts
sill who have gone before him, weighed
upon his mind to tempt him; but it is ex
ceedingly singular that, so far from render
ing treason odious by punishment, he has
hoisted into themost exalted positions many
of the leading traitors in the South.
Who else, et any period of the world's
history, everlthought of taking a rebel, red
with the blood of his countrymen, and
placing him in the position of Governor of
a State. A. Governor of a State who has
sought to overturn the Government of the
Union, and who invoked a despotism to aid
- him in doing it. Is that the way you make
treason' odious among mankind? Is that
the policy about Which we have heard, so
much? Nobody has' Veen able to tell us
heretofore exactly what that policy was.
But we all saw that it was a kind of policy
that suits every rebel, every' Copperhead
' and every enemy of the Government of the
United States, both foreign and domestic.
Well, sir, as the policy has become devel
oped we all now see precisely what it is,and
why it was so grateful to the ears and hearts
of every enemy of his country.
It was no less than this, that these States
- should suffer nothing nor forfeit nothing by
rebellion, but that they should be admitted,
unwashed, and red with the blood of their
* 'countrymen, into fall communion with the
honest loyal men of the Government, and
into the councils of. the nation. What has
a brought about this change? Sir, it all points
to this fact, that it will not do to tempt men
in this way. Why, sir, this policy of bring
. ing these States into the Union with all their
.rebellion and treason in their hearts, is no
'better than treason itself. I lay down the
rule here, sir, and defy contradiction, that if
• ' there is any man, be he high or low, who is
an advocate for bringing traitors into the
- - - , •councils of the natipn,that man is a traitor
inads heart. He,islin enemy to the Govern
: merit 'and the nation, and nothing can make
• .it .appear differently. He who invokes the
‘ -'" aid of unrepentant rebels to come into the
.. 7 ...‘conneils of the nation to participate in its
Aeliberations, is no better than a rebel d
! .and is a rebel at heart. ,an
- ' How does the policy that is now developed
upon us differ from the policy that would
be announced from the same place by Jef
ferson Davis, were he to-morrow placed in
the same position? Would he ask any
snore? , Would he ask anVless than that his
co-conspirators should be restored to the
same positions that they-had when they left
these ~ balls? Why, sir, all know the
`history of the Governnaent atthe time when
these nien first rebelled; How was it? ' When.
they went off they . had. , the Government all
in their own handis; and, to the infatiny ot
the Democratic:.t i
arty; be t said, that, with
theirtreason and their crimes, here, in
'the Senate-chamber,-there was
_bid one man
• t , . -from their side:reatly to' rotist against their
Ireardn: .-- With this exception, sir, you wil
mot find a single Democratic vote against
the will and 'action enjoined by the Southern
rebels before they*ent out of Congress.- '
They bad it all i _their own way, and yon.
and I, Mr. President, felt relieved when' we
saw:them_voluntarily leave these halls. The .
greatest blunder treason eirer committed—
more fatal than the blunder of the battle
field—was the blunder of withdrawing from
power in Congress, when they 'had it all in
their own hands. Now, 'sir, suppose they
had kept in here, just as they are invited to
come in here now, and suppose they had
kept on,and had predominated in Congress,
so as to prevent any provision being made
for arresting the progress of treason; you
'Could not have enlisted a soldier. Had they
not committed the blunder of withdrawing
from the halls, the Democratic party would
have stood by them, and voted down every
measure, as they undertook to vote them
down after their masters had gone out.
Therefore, I shall move, at a very early
period, to take this. resolution up, and I
shall press the action of Congress to a vote
!upon it. It is no new thing. It is the result
'of the experience of-the greatest statesmen
Who have occupied the Presidential chair.
I have no doubt that of all the amendments
;proposed this is' the most conservative,
though I do not like to give it that bad
name. It is the best one to reach a great
evil. Some gentlemen are astonished at the
number of amendments offered from time
to time, and I do not wonder at it at all.
This Government 'has • been floundering
through a•crisis such as never GoVernment
'encountered before. 'lt is tried in all its
parts. If there be any weakness in it, it is
revealed' by the very difficulties that we
have to overcome. It is like a great ship
'overtaken by a hurricane, it may show you
the weak points—show you where the car
penter ought to commence his work. - So
with this great Government.
This amendment that I now propose is to
remedy the greatest deficiency left by the
fathers who made this Government. It is
no disparagement to them that we find their
work not adapted to our time.. It would be
more than a miracle if it wre otherwise
than as it is. It is absurd to suppose that
that Constitution which was made for a
people arid a nation scattered Over a small
part of the country, should be in all its
parts-perfect when the nation had grown
up to contain thirty millions of people,
separated over an entire continent. Just as
well !expect that cloth cut for an infant
would be the correct pattern for him when
he had arrived at manhood. There are de
fects in it, and all men had seen them. It is
very seldom in the history of a country that
an - opportunity like this arises. I hope
everybody will join me in this and the
President with the rest of them. If they be
a spark of patriotism in him he will join
in as Jackson and Washington and all the
great statesmen before him did. Here I
have the satisfaction of believing I will
have the aid and assistance of all parties,
because it is, a measure which heretofore
has met the approbation of everybody.
Mr. 'Creswell. (Md.) introduced a bill to
protect children of African' descent from
being enslaved in violation of the Constitu
tion of the United States, Which was re
ferred to the Committee on the Judiciary.
ii.
It provides that it shall not be awful in any
State where slavery has b en abolished
since the year 1861 to indent eas appren
tices any child of African d scent without
the consent of the parent orparents, guar
dian or next friend; and that any such child
So indentured since the date named without
such consent is hereby declared to be in
violation of the Constitution lof the United
States, and such: indenture; obtained by
fraud or misrepresentation in any form, is
declared null and void, and the child may
be delivered by writ, of hctbe - corpus, and
a fine of thirty to five hurt ed dollars im
posed.
Mr. Guthrie (Ky.) reportedlabill to facili
tate the ' settlement of the accountif of the
Treasurer of the United States, and to se
cure 'certain moneys to the people of the
United States, or to the persons to whom
they are due. Tins bill was prepared by
Mr. Spinner, the Treasurer, .II meanly : to au
thorize a settlement of accounts, some of
them warrants of nearly thirty years' stand
ing, from six cents upwards, upon which
drafts have been issued, 'but a= remain
outstanding. Under the present law the
Treasurer can only reeeiire credit for these
drafts when properly endorsed . and paid.
The bill is reported from the Finance Com
mittee.
Mr. Wilson (Mass.) introduced the fol
lowing resolution: 4 I
, Resolved, That the Committeeon Recon
struction be instructed to inquire into and
report how far the States lately in rebellion,
or any of them, have complied with the
terms proposed by ithe President for their
resumption of practical relations with the
United States, which terms and conditions
were as follows : viz., Fii-st, That the
severaL State ; constitutions should be
amended by the insertion Of a provision
abolishing slavery. Second, That the
several State conventions Should declare
null and void the !ordinances of secession,
and the laws and decrees of the confederacy.
Third, That the several State Legislatures
should ratify the amendment to the Federal
Constitution abolishing • slavery. Fourth,
That the rebel debt, State and confederate,
should be repudiated. Fifth, That civil
rights should be secured by law, applica
ble alike to whites and blacks.
Mr. Sumner (Mass.) said that some time
ago the President was repiested to com
municate the information, above asked for.
The President has in his hands, said he, or
ought to have,:copies - of the correspondence
between himself and the so-balled,_ . Govern
ors of these States. A resolution adopted
by the Senate called upon the . President to
supply copies of that correspondence with
the President. For some reason known to
him that call has not been{.i answered by the
President. As the information sis in his
hands, and not in the hands; of a committee
of this body, I think it
_would, be better,
perhaps, that the Senate should repeat its
call once more upon the President, looking
to him for information .which, better than
any: other person, began supply. At the
same time I see no objections to addressing
.this inquiry to, a committee of this body.
'That committee, if it sees fit, may put itself
in-communication with the President, or
by inquiries of its own it I may ascertain
what we *ant. What is desired can best
be obtained, I think, by calling upon the
President. I
Mr. Wilson said that had been done al
ready. I
Mr. Sumner. - My colleague says we have
done that. I hope, then, that the President
will yet listen to the call of' the Senate and
communicate this needed information.. It
is • essential in determining the duties of
Congress at this important moment.
The resolution was adopted.
At one o'clock, Mr. Foster, (Conn.) in' the
chair, said—'The unfinished (business of yes
terday is the bill returned by the President
with his objections, Senate bill No. 6, and
the question is shall the bill pass, the Presi
dent's objections notwithstanding.
Mr. Davis (Ky.) took the-floor, and re-
Viewed in a written speech the main fea
titres of the bill, reiterating his" objections
heretofore presented at length, and compli
menting the President upon his action in
- returning a bill deemed to :be be unconstitu
tional, Subversive of early! reconstruction;
irritating, unwise and expensive. Be Pro
dneed authorities and considerations show
ing the propriety in. certain Circumstances,
'of - President vetoes, and deelitring his firm
- conviction Of the necessity Of such action in
the present case. - .
. !At the cOnclrision of Mr. Davis'' reniarki,
'Mr. - Trumbull trn.y the originator of _the
vetoed bill, took the floor.' , He saidMr,
Preindent: .Itis with deep, and profound
regriat r thatTrise for the "purpose ofreview
ing somewhat the extraordinary message of
the President, returning with his objections
the bill to amend the act entitled an act to
establish a bureau for the relief of freedmen
THE DAILY EYENING_BULLETIN : PHILADELPHIA., IiVED
and refugees, and for other pUrrai l ei; •It
has been_my desire that the various depart
of the government should harmonize
in the restoration of the States to their fall
constitutional relations to. the::Union. , I
have sought, and had no other ptirpase in the
part which I have taken in reference to this
bill, to carry out such measures as would
prptect the loyal refugees and freedmen in
the rebellious States, and would, as I sup
posed, harmonize with the views of the
•
Executive.
He had declared to us, in his message,de
livered to.us at the commencement of the
session, that we shall but fulfil, our duties
as legislators by according egual and exact
justice to all men, special privileges to none,
The only object or design of the bill was to
secure these rights 'to all men; and I am
greatly surprised that a bill designed for
such a purpose should have been returned
by the Executive, with a statement that it
is unconstitutional,. inconsistent' with the
actual condition of the country, and at va
riance with the Constitution of the United
States.
Having taken somewhat of an active part
in the passage of this bill through the,
Senate, I feel called upon to: vindicate my-`
self from having urged upon the conside
ration of the Senate a bill so unconstitu•
tional, and so at variance with the actual
condition of the country as this is now de
clared to be. What is this? R is an amend
ment to the Freedmen's Bureau Bill. It is
not an original measure. 'lt is not a mea
sure establishing a bureau. but is merely
amendatory of an act already in existence.
Nor is it, as seems to be supposed by some,
materially to enlarge the powers of the
Freedmen's Bureau, as it already exists. It
is an entire, misapprehension to suppose
that such is the object of the bill, or that
such would be its effects. It does little more
than give the sanction of law to what is al
ready being done without any statute or
provision.
The Freedmen's Bureau, as I have said,
already exists. Courts are held by the
Freedmen's Bureau throughout the entire
region of country where that Bureau has
any operation. Under the military autho
rity of the United States, laws inconsistent,
as is believed, with the safety of the Govern
ment or incompatible with military opera
tions, are set aside at this time in all these
States. The object of the bill was to con
tinue in existence the Freedmen's Bureau
bill, not permanently, not as a permanent
institution. All such intent was disavowed
during the discussion of the bill. It is true
no time is specified in the bill as to when it
shall cease to operate; nor is it customary
to insert such a clause in any law; but it
was declared that the law should operate
until otherwise provided by law.
It is known that .the Congress of the
United States assembles every year, and no
one supposes this bill proposed to establish
a Bureau to be engrafted as a permanent
institution of the country. Far froin it.
No, sir. Is it intended Unit the bill shall
go into the States and control the domestic
Affairs of these. States? Far from it. It is
a bill designed simply to provide, not for
four millions of enkancip . ated slaves, or of
refugees, but only for`the indigent, for those
who are unable to take care of themselves,
so that they could become self-supporting.
In consequence of the war, thousands of
Union men were driven from their homes
all over the South. Particularly ;was this
the case in Tennessee, where they had been
stripped of their property, and women and
children had fled destitute from their
homes.
They had neither food to eat nor clothing
to wear. They flocked around our armies
during the whole progress of the war, and
were fed by our supplies. So also with the
freedmen. Congress at an early.day passed
a law declaring free all slaves who should
come within the lines of our armies. They
came flying within our lines without
clothing—without bath, wounded, footsore,
and distressed. Many of them entered our
ranks to fight for the cause of _the country,
and others we had clothed and fed. While
this irar was in progress, while these, Leo
ple were flocking around our maim," on
the third off. March, 186.5. not one year ago,
the congress of the United States passed a
law to systematize the clothing and feeding
of these destitute negroes, and place them
under the charge of a special department of
the military establishment, whose duty it
should' be to lock after them. That was
called the Freedmen'e Bureau, and officer.;
were asaigned to take charge of it, chiefly
from the army.
Since that time the conflict of war has
ceased, and there are still upon our hands
some of these destitute people, who mw3t be
provided for—a far less number than would
have been upon our hands if no system had
been devised for taking care of them for
finding them employment, and settling
upon tracepf land wherever it maybe ob
tained, anYI undertake to say that therd
has been saved to the government millions
of money by the establishment of the sys
tem through which employment has been
found for these people, and they have been
made self-supporting, who otherwise would
have been entirely dependent upon the
bounty of thegovemment for support.
Since the Freedman's Bureau was organ
ized an amendment has been adopted to
the Constitution of the United States, de
claring that slavery shall not exist any
where within its jurisdiction. By virtue of
that enactment hundreds of thousands of
slaves have become free,without any of this
world's goods, not owning even the hat
upon their heads or the coat upon their
backs, without any supplies of any kind, or
anywhere to obtain the next nieal to save
them from starvation. Something must be
done to take care of these people, and the
Freedmen's Bureau has been endeayoring
to do that something.
No w,sir. the Freedmen's Bureau has not
had jurisdiction over these four millions of
people. Its work has been confined to a
very small compass, as I shall presently
show by the official record. And this mea
sure, which comes to us denounced as un
constitutional, as a great,public charity, as
an institution designed to feed, clothe, take
care of and furnish homes for four millions
of people, is designed only to find employ
ment for these destitute, ignorant, ttnpro
yided-for people, who are few in number
compared with the great number of blacks
in the whole country,and not simply for the
freedmen and for the refugees; and before I
sit down I will show that more white refu
gees, in many instances have received Sup
port and suppliesfrom the government from
this Freedmen's Bureau than blacks' have.
The President, in his veto message--4nd
be does not deal with it candidly , and fairly,
and I have no feeling in what I say but
that which shall lest promote the peace and
happiness of the whole country—says there
is no immediate necessity for the proposed
measure. He says the act which was passed
to establish - a Bureau for the Relief of
Fr,eedmen and Refugees, in the month of
March last, has .not ,yet expired. It was
thought stringent and expensive enough,
says the President, for the purpose in view
-in time of war. NOW, sir, when will that
apt expire? What was it? It provided, in
its first section, that there is hereby estab
lished in the War Departinent, to continue
-during the present war of rebellion, and 'for
one year thereafter, a Bureau for refugees,
freedmen and ,abandoned lands. By the
terms of the act it was to continue during
the present war of rebellion,andfor one year
thereafter
Now, sir, when did the war of rebellion
cease? Why, so far as the conflict of arms
is concerned, we all admit that the war
ceased when the last rebel army laid.down
its arms. That was some time in the month
of May, when the rebel army in Texas sur
rendered to the Union forces; so that the
present Bureau must, by its own limitation,
have expired within oneyear 'froth' the time
when the war ceased. I do not hold that
the consequences of the war are over. I do
not understand that peace is- restored with
all its consequences.; We have not yet
escaped from the evils Melded by the war.
Peace and harmony are of yet restored,
but the war of the rebellion is over, and
this Bureau must expire in May next, ac
cording to the terms; of the act that was
passed on the third of Mitrch, 1865, and ac
cording to the views of the President, as ex
pressed-in his veto message. The President
says it was thought stringent and expensive
enough for the purpose / in view in time of
war.
Why,•sir, what was the condition of the
country when that act', passed in March,
1865. At that time most of these States
where the freedmen were were under rebel
control, and the Freednden's Bureau at that
; time could only take jririsdiction of such
freedmen and refugees 48 came within the
lines of the army. Thrqughout most of the
Southern States the Bureau wasp limited in
its operation; arid I desire to ask in all can
dor and fairness if, when thewar progressed
and the slaves of Texad, and Mississippi,
and Alabama, and Florida. and Georgia,
and Virginia, and North Carolina, were all
made free by the Constitutional Amend
ment—l want to know it'll was not proper
that the Freedmen's Thireau should be so
conducted as to embrace the destitute and
suffering in these Strites6 as well as the few
who had come within.our lines. When i ,the
bill was enacted in 1865,', was there no occa
sion to extend its operations, and because it
was expensive enough for the purpose in
time of war, would it follow that it is ex
pensive enough for the purpose in time of
peace, when we have jurisdiction of a coun
try very much larger than we had in time
of war ?
But, sir, the Presideni[ says the bill pro
poses to establish, by act of Congress,
military jurisdiction over all parts of the
United States,containing refugees and freed
men. Sir, I desire to peak respectfully of
the Executive. But I would like to know
where in that bill is any provision that ex
tends military jurisdictaon over all parts of
the United States containing refugees and
freedmen. Sir, the bill contains no such
clause. It is a misapprehension of the bill.
'What does it say ? The clause of the bill
upon that subject is this: "The President
of the United States, through the War De
partment and the Commissioners, shall ex
tend military jurisdiction and protection
over all employes and officers of this Bu
reau in the exercise of the duties imposed
or authorized by this act or the act to which
this is amendatory." Is not the difference
manifest to everybody between a bill that
extends military jurisdiction over the
officers and employes qf the Bureau and a
bill which should extend military jurisdic
tion over all parts of the United States con
taining refugees and freedmen? Why, sir.
this bill makes the Freedmen's Bureau a
pert of the War Department. It makes its
officers and agents amenable to the miles
and articles of war. And does that extend
military jurisdiction over thewholecountry
where they are? How do they differ from
any other portion of the army of the United
States ?
The army of the United States is gov
erned by rules and articles,wherever it may
be, whether in Indiana; or in Florida, ana
alioperations in it are a portion of the mili
tary establishment, land are subject to the
rules and articles of war. But did any
body ever suppose that the whole country
where they were was ;under military juris
diction? If a company of soldiers are sta
tioned at one of the forts in New York har
bor and the officers and soldiers are sub
ject jurisdiction, was it ever sup
posed that the people of the State of New
York were therefore under military juris
distion? It is an entirt misapprehension or
the provisions of the ill. It extends mill
tary jurisdiction nowhere. It merely place•
under military jurisdiction those persons
belonging to the Freedmen's Bureau who,
nearly all , of them, erg now under military
jurisdiction.
The Commissioner at the head of that
Bureau is an officer ofe armyy, and under
military jurisdiction, and I believe every
assistant commission ls an officer cif the
army. under military jtriadiction. But the
bill does authorizethePrmident, if bethinks
a !si
proper,instead of data • g military officers.
to appoint civilians; din case he does ap
point civiliane, th ey are to be subject to
military jurisd iction, and entitled to mi,li
eel
tray protection in o t 'e performance of the
duties imposed by • act.
The next objection o the President which
Mr. Trumbull noti was that the coun
try is tQ be divided to districts and sub
districts, and the num er of salaried agents ,
to be employed may e equal to the num
ber of counties and pa ishes in all the States
where refugees and freedmen are to be,
found. Be denied th tlt was necessary to
appoint any such nu bers, notwithstand
ing it was provided in the bill that they
might be appointed. To appoint such a
number, he said, would be an abuse of the
power entrusted to the President.
Mr. Trumbull continued in reply to the
ohjection that this bill establishes military
jurisdiction in civil ca ses , and denying(that
it created any milit y jurisdiction what
ever not now existing. The officers of the
Bureau were officers of the army of the
United States, who were now holding mili
tary commissions by authority of the Presi
dent all over the South. But a short time
since,in Georgia, two citizens were arraighed
for crime, net before a civil court by process
of civil law, but before Is military commission
and he thanked God that these culprits, be
ing found guilty, were sentenced to death,
and hung, by direct approval and authority
of the President himself.
Was it, then, unconstitutional to do, by
virtue of a law of Congress, what is being
done every day without one? He re
ferred to the order issued by order of
General Grant, January 12,e 1566, to pro
tect persons against civil suits for actions
done in pursuance of military authority,
and colored persons for offences not pun
ished in the cases of white persons in the
same manner or degree. He alluded also
to the order issued by the Lieutenant
I General directing copies of newspapers in
rebellious States containing expressions of
disloyalty to be sent to his headquarters,
and declaring that the persistent publica
tion of such articles could not be tolerated.
By what, authority, he would ask, in this
time of peece,could we confer this authority
on one branch of the army and deny it to
another? the rebellion is at an end, by
what authority does the President suspend
. the writ of habeas corpus? lithe President
could - not reconcile those unusual acts to
the words of the Constitution, why did he
exercise it? Would it detract from its au
thority to give it the sanction of law? He
reviewed the objection that the act would
establish a permanent rank of public ad
ministration, having greatly enlarged pow
ers. He denied that its establishment was
permaneat, or that its powers were greatly
, enlarged; they were in some res'peots re
stricted. Be proceeded to show the relative
degree of power confided in the two bills,
and the misapprehension under which he
preaumed that the President had labored.
Ile wished to.refer to the extraordinarysug
gestions of the President, that four millions
of former slaves were to be , provided for by
this bill, and to the objection made on the
ground of:expense. He declared that not a
fortieth part of four millions had ever re
ceived the , aid of the, Bureau, and quoted
from General,Howard's report to show that
but 90,900 negroes had:been aided and .57,-
009 whites, and that the ,number.was con
stantly decreasing, so that, in .Deceinber'
last, the number was reduced to 17,000. -<.
He alluded to the testimony of General
Fisk, Assistant Commissioner for Tennes
see, showing that less than two hundred
orphan children and aged persons were
the only negroes ieceiving aid; that in four
months the cost of rations was reduced frOna
695,000 to $5,000, and that of 25,000 persons
'fed 17,500 were white. The effect of the Bu
reau, he asserted, was to decrease the cost
of supporting both freedmen and refugees,
ESDAY, _FEBRUARY 21, 1866.
It has invariably bad this effect; reducing:
the amount which had been distributed by
army commissaries, and actually decreased
the expenses which the dictates Of humanity
iu the - army had occasioned.
He replied to the suggestions of the Presi
dent, that while the freedmen should be
prbtected, they should be so through the
oil power of the courts; and referred to
the enactments of the Legislature of Mis
sissippi which protected the holding or
leasing of land by freedmen, gives to the
whites in certain cases power over their
persons, and in other respects infringes
their natural rights. He showed that in
some localities they were not allowed to
hire themselves out without the consent of
their former masters, and were rektricted
in their right to travel, and whipped if
found away from their homes without a
pass. There was no protection tolhefreed
men in the courts or the laws of' the rebel
lious States, and without this bill they
would be despoiled of all their rights.
He thought it extraordinary that, the Pre
sident, in giving his opinion that the bill
was unconstitutional, had made no mention
of that clause under which its friends had
especially claimed it authorization—the
second clause of the amendment abolishing
slavery . ; and, instead of standing in doubt
respecting its constitutionality, he felt that
he should have failed in 'his constitutional
duty if he had refused to favor it. In con
ceding- the last objection—the absence of
representation of States affected by its pro
visions—he held that it was valid,. Congress
had no right to pass a law levying direct
taxes upon those States, no right to declare
hose States in rebellion, nor to pass a law
o blockade their ports.
Mr. Cowan (Pa.) asked why he (Mr
Trumbull) did not quote what the President
said of the reason for passing those laws ?
Mr. Trumbull—l read it. Did not the
Senator hear me? •'Bec,ause they were con
terminously engaged in the rebellion. He
further debated the status of the rebel
States, holding that, for national purposes,
they were in the Union, but for State pur
poses were not, having no organization in
accord with the Union.
Mr. Cowan—What would you do with the
rebels if they submit?
Mr. Trumbull—lf big rebels, I would hang
Ahem. [Applause% the galleries.] In con
clusion he said that he thought he was act
' ing in harmony withthe views of the Presi
' dent in his efforts in perfecting this bill; that
it was not only constitutional and necessary
to carry out the very provisions of that
Constitution, but that without it the freed
men would be tyrannized over and out
lawed.
At the conclusion of Mr. Trunabull's
speech, Mr. Cowan said he was perfectly
willing to let the vote be taken, and let the
speech of Mr. Trumbull and the message of
the President go to the country together.
Mr. Wiley (W. Va.) explained that he
would vote for sustaining the veto, not be
cause he endorsed the sentiments of the Pre
sident's message, bat because he believed
the bill unconstitutional. He did not feel
at liberty to vote fOr the bill while it con
tained a provision to expend money for
lands for freedmen.
The question being called for, the Chair
announced thatAt was, "Shall the bill pass,
the President's objections notwithstand
ing?" upon which the yeas and nays were
required by the Constitution. The vote was
as follows:
YEAs—Messrs. Anthony, Brown, Chan
dler, Clark, Conness, Cragin, Creswell,
Fessenden, Foster, Grimes, Harris,Hender
son, Howard, Howe,Kirkwood,Lie (Lnd.),
Lane (Kansas), Morrill, Nye, Poland, Pome
roy, Ramsey, Sherman, Sprague, Sumner,
Trumbull, Wade, Williams, Wilson and
Yates—So. --
NATs—Messrs. Buckalew, Cowan ' Davis;
Dixon, Doolittle, Guthrie, Hendricks, John
son, McDong.all, Morgan, .Nesmitla, Norton,
Riddle, Saulsbury, Stewart, Stockton, Van
Winkle and Willey-18.
Anssisx—Messrs. Foots:lad Wright.
The-vote on the 25th'of January, on the
final passage of thebill, was as follows:
_ YxAs—Messra Anthony, Brown, Chand
ler, Clark, Conness, Cragin, Creswell, Dixon,
Doolittle. Fessenden,Foot, Foster, Grimes,
Harris, Henderson, Howard. Howe Kirk
,weod, Lana(lnd.), Lane (Kansas), Morgan,
,Morrill, Norton, Nye, Poland, Pomeroy,
Ramsey. Sherman, Sprague, Stewart, Sum
ner, Trumbull, Van Win
e, Wade, Willey,
Williams. Wilson and Yates-38.
NATs—Messrs. Buckalew, Davis, Guthrie,
Hendricks, Johnsori, McDougall, Riddle,
Saulsbury, Stockton and Wright-10.
Absent—Messrs. Gowan and Nesmith.
Mr. Poland (Vt.) said his colleague,
Foot, was confined to his bed with sickness,
but if present would have voted for the bill.
The chair announced that the number
Toting in the affirmative being less than
two-thirds, the bill had failed.
This announcement was greeted with loud
hisses from the colored galleries, and with
mingled applause and hisses from the other
parts of the galleries.
The Chair ordered the galleries to be
cleared, which was done.
The Senate at 5 o'clock P. IL adjourned.
Hours.—Mr. Stevens (Pa.), from the Com
mittee on Reconstruction, reported a con
current resolution, as follows
.Resolved, That in order to cease agitation
upon a question which seems likely to dis
tract the action of,the Government, as well
as to quiet the uncertainty which is agitating
the minds of the people of the eleven States
which have been , declared in insurrection,
no Senator or Representatives shall be ad
mitted into either branch of Congress from
any of the said States until Congress shall
have declared such State entitled to such
representation.
Mr. Stevens gave way to Mr. Grider (Ky.)
in order to have read a report from the
minority of the Committee on Reeonstrue
tion, signed by Messrs. Grider and Rogers.
The report sets forth that the Committee
have directed an inquiry to be made on the
condition and loyalty of the State of Ten
nessee. The large amount of evidence taken
seems to show that in some localities there
have occasionally been some collisions and
temporary disaffection, yet the main testi
mony shows that the great body of the
people are not only loyal, but willing and
anxious to maintain amicable, sincere and
patriotic associations with the general gov
ernment; and, inasmuch, under the census
of 1860, Congress passed a law fixing the
number of representatives from Tennessee;
and inasmuch as Tennessee dis
avows 'insurrectionary purposes [and
disloyalty, and hait under her organic law
regularly elected her members and Senators
to Congress,in conformity with the laws and
Constitution of the United States—
Mr. Washburne (Ill.) interrupted the far
ther reading by rising% tiquestion of order,
saying that the minority report is not on the
subject reported by the gentleman from
Pennsylvania.
Mr. Stevens observed that if he had
known the character of the minority reptilt
he would not have given consent for the
reading.
The Speaker said that the gentleman from
Pennsylvania could withdraw his consent.
Mr. (rider (Ky.) appealed to the gentle
man to allow the reading, to be completed.
Mr. Stevens--I will consent provided it
will not affect the resolution repdrted.
Mr. Rogers (N, J.)—lf it shall have no
effect it can do nohurt.
Mr. ,Stevens said he had no objection to
the minority report as the speech of his
friend from Kentucky.
Mr Grider expressed his thanks to alb
gentleman. • '
The reading of the report, there being no
objection, was -then concluded. It recited
that; as the members from Tennessee are
now here, asking - admission, and inasmuch
as the House, by. the Constitution, is • the
edge of the election qualifications and re
turns of its members, therefore, in conslde
ration of these facts..
.Re.solved That the State of Tennessee is
entitled to representation in the Thirty:
ninth Congress,and that the representatives
elected from that State are hereby admitted
to seats therein, on qualifying by taking the
oath required.
Mr. Stevens, having heard the reading of
the report, objected to its reception.
Mr. Grider inquired whether he objected
to the resolution?
Mr. Stevens said, having heard the
speech from that side of the question, 1 da
not intend to make a speech from this side.
I hope none of our friends will. make
speeches, as all understand the question
which agitates not only this body bat the
entire country. I confess, I may say now
until yesterday there was an ernest investiga
tion into the condition of Tennessee ' to 'seer
whether they could admit the State to repre-
sentation; but since yesterday there has
been s;ch a state of things which has in
duced the committee to consider it wholly
out of their power to proceed
further without surrendering a great-prin
ciple and without surrendering the rights of
this bcdy to the usurpation of another
power. I move nowthe previous question.
Great confusion prevailed all over the.
hall.
Mr. Eldridge (Wis.) rose to ask a ques
tion.
Mr. Farnsworth (Ill.) objected.
Kr. Rogers (N. J.),rising mid the din,ancl
assailed by cries-of "order," expressed the•
hope that the resolutions would not be
passed by the House under the operations
of the gag law.
Zar. Eldridge insisted that the committee
of fifteen had no right to' report by piece—
meal. They should make a final repOrt.
The speaker overruled the point, saying
the committee have a right to report at any
time.
Mr. Grider earnestly appealed to the gen
tleman from Pennsylvania to permit him to
make one or two statements.
Mr. Stevens replied: "There are earth
quakes around tIE-I tremble, and dare not
yield."
Mr. Grider essayed to speak, bat was vo
ciferously called to order.
Mr. Rogers again rose, protesting against
the effort to pass a resolution of this
character under the operation - of the gag
rule.
There were cries of order and demands
for "the question," "the question," great
excitement meantime prevailing in all parts ,
of the hall,
Mr. Grider again sought an opportunity
to be heazd, but as debate at this stage was
out of order, the Speaker requested him to
take his seat.
Mr. Randall (Pa.), in these hurried pro
ceedings, said: I rise to a question of order.
That this House has no power to dismember
the Union, and no autnority in law to de
stroy the rights of the States.
Mr. Finck (Ohio) moved to lay the reso
lution upon the table.
Mr. Eldridge, (Wis.) demanded the
yeas and nays, and afterward moved to ad
-011213.
This was decided in the negative. Year
32, nays 126.
Mr. Finck moved that when the House
adjourn it be till Friday next.
Mr. Johnson (Pa.) asked to be excused
from voting.
The Speaker refused to entertain the min
tion saying if such precedents be set, one
fifth of the members would have it in their
power to prevent an adjournment.
Mr. Johnson—l want toway a word.
Mr. Garfield (Ohio) replied—Not a word.
Mr. Eldridge appealed from the decision
of the Chair, but the Speaker refused to en
tertain the appeaL
Mr. Johnson differed from the Chair.
Mr. Garfield and others called the gentle
man to order.
The Speaker said it was always in the
power of the majority to adjourn.
Mr. Eldridge remarked that the motion
was not nowt() adjourn, but that when the
House adjourn it be till Friday. He then
moved a call of the House.
The Speaker counted the House to ascer
tain whether there was a quorum, and an
nounced that fact.
Mr. Johnson asked to be excused from.
voting on a call of the House.
The Speaker declined to entertain the mo
tion.
Mr. Eldridge wanted to know whether he
could take an appeal.
The Speaker replied in the negative, and
the House refused to order a call—yeas 33,
nays 129.
Mr. Eldridge moved to reconsider the vote
by which the House refused to order a call.
Mr. Finck moved to lay that motion on
the table.
The Speaker said he would entertain the
motion if the gentleman could show a pre
cedent for it.
Mr. Eldridge, Mr. Finck and others con
tinued the dilatory motions, the questions
being decided by yeas and nays.
Mr. Ross (Ill.) asked whether it would be
in order to move to go into Committee on
the Loan bill. [Laughter.]
Mr. Eldridge said if the gentleman, from
Pennsylvania will withdraw hisdemand for
the previous question in order that gentle
men on this side may debate the subject, we
will withdraw all further opposition. .
Mr. Stevens—l sat here for fort Y-eight
hours in 1861, when the rebels retired, and
am ready to sit here forty-eight hours now.
The Rouse, by a vote of yeas 34, nays 121,
refused to adjourn until Friday:
Mr. Chandler (N. Y.) inquired whether it
would be in order to have read a memorial
asking for the laying of a telegraph cable.
Be bald it was very interesting, but nobody
but himself seemea to attach any importance
to it.
The House again rejected a motion to ad
journ, and by a yea and nay vote excused.
Mr. Johnson from voting for an adjourn
ment.
The proceedings were here varied by Mr.-
Marshall (El.) saying that he was absent;
yesterday when the Committee of Election
made a report in the Indiana contested elec
tion case, declaring that Henry , L. Wash
burne is entitled to the seat now held by D.
W. Voorhees. He now asked leave to sub
mit the views of the minority. This request
was, after some hesitation, granted. The
dilatory motions to adjourn, etc., were re
sumed.
Mr. Chandler, at half-past three o'clock,
moved the House resolve itself into a Com
mittee of the Whole on the State of the ,
Union.
The Speaker declared this out of order,.
as the demand for the previous question
was pending.
Mr. Smith (Ky.) arose, holding a news
paper in his hand, and wished to make a.
Personal explanation, as a reflection had:
been cast upon him and his friends.
Objections were interposed on both. sides
of the House, Mr. :Washburne (Ill.) say
ine, "Let's pass the resolution and then .
we'll bear yon." -
Mr. Finck moved that when the House ,
adjourn it be till Thursday next, and this,•'
like other previous questions, was deter
mined in the negative, by yea and nay
votes.
Mr. Smith again rose to answer some ,
article inn Pittsburgh paper.
Mr. Bromwell (Ill.) objected, stating, Ss a•
reoson, that he wanted to vote on the reso
lution reported from the Committee on Re
construction. •
Mr. Smith wanted his explanation to come
in as an episode—a kind"of relief.
Mr. Broomall (Pa.) wanted to know the
character of Mn Smith's explanation.
Mr. Smith—lf the gentleman wilt 'keep
bis mouth abut, I'll tell• hini. {Laughter.}.
Mr. Rogers wanted the rnle suspended,
that Mr. Smith might make his expla in tion; But the - Speaker informed him
that that the motion could be made only
on Mondays.
The minority continued their parliamen
tary tactics by requiring the yeas and nays