History of the antislavery measures of the Thirty-seventh and Thirty-eighth United-States Congresses, 1861-65

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ANTISLAVERY MEASURES IN CONGRESS.

Preface

SmCE the adoption of the Federal Constitution, questions pertaining to slaves and slavery have often been pressed upon the Congress of the United States. Those questions, generally, originated by the slaveholding class, have, down to the 4th of March, 1861, almost uniformly resulted in the success of measures tending to the perpetuity and extension of slavery, and to the increase of its influence over the National Government. Since the breaking-out of the Rebellion, the exigencies of the nation have forced upon the 37th and 38th Congresses the consideration of a series of antislavery measures. These measures, so comprehensive in their scope and character, cannot fail to have a lasting influence upon the future of the country. I have sought, in this volume, to narrate, with brevity, fairness, and impartiality, the history of the antislavery legislation of Congress during the past four years of civil war. In tracing the words of the actors in these great measures of legislation, I have endeavored faithfully to give

their ideas, or to quote their words, so as to present to

VI PREFACE.

the reader their position, feelings, and opinions. Trusting that I have not wholly failed in my endeavors to record with fidelity this antislavery legislation, I present this volume to the public, in the hope that it will be of some little interest, especially to those who, amid years of obloquy and reproach, have labored and hoped for the dawning of that day, when, in all the wide circuit of our land, " the sun will not rise upon a master, or set upon a slave."

Chapter I. Slaves Used For Insurrectionary Purposes Made

FREE.

Slaves used in the Eebel Forces. Mr. Trumbull's Proposition to free Slaves used for Military Purposes. Mr. Trumbull's Speech. Mr. Breckinridge's Speech. Mr. Wilson's Speech. Mr. Breckinridge's Reply. Mr. M'Dougall's Speech. Mr. Ten Eyck's Speech. Mr. Pearce's Speech. Adoption of Mr. Trumbull's Amendment freeing Slaves used for Military Purposes. Substitute reported by the Judiciary Committee of the House. Substitute Rejected. Mr. Bingham's Speech. Mr. Burnett's Speech. Mr. Crittenden's Speech. Mr. Kellogg's Speech. Mr. Cox's Motion to lay the Bill on the Table. jMr. Pendleton's Speech. Mr. Stevens's Speech. Mr. Diven's Speech. Mr. Pendleton's Motion to recommit the Bill carried. Bill reported back with an Amendment. Mr. Holman's Motion to lay the Bill on the Table. Passage of the Bill pp. 1-16.

CHAPTER n.

FUGITIVE SLAVES NOT TO BE RETURNED BY PERSONS IN

THE ARMY.

Surrender of Slaves coming within the Lines of the Union Armies. Mr. Lovejoy's Resolution. Notice of a Bill by Mr. Wilson. Mr. Lovejoy's Bill. Mr. Sumner's Resolution. Mr. Cowan's Speech. Resolution of Mr. Wilson of Iowa. Bill of Mr. Wilson of Massachusetts. Mr. Wilson's Bill considered. Mr. Saulsbury's Motion to postpone indefinitely. Mr. Collamer's Amendment. Mr. Powell's Speech. Mr. Collamer's Speech. Mr. Wilson's Speech. Mr. Pearce's Speech. Mr. Blair's Bill to make an additional Article of War. Mr. Bingham's Speech. Mr. Vallandigham's Motion to lay the Bill on the Table. Passage of the House Bill. Reported by Mr. Wilson in the Senate. Mr. Davis's

[vii]

Till CONTENTS.

Amendment. Mr. Saulsbury's Amendment. Mr. M'Dougall's Speech. Mr. Howard's Speech. Passage of the Bill. Mr. Wilson's Resolution concerning the Sm-render of Fugitives. Mr. Grimes's Amendment. Mr. Grimes's Speech. Mr. Sumner's Speech. Mr. Saulsbury's Speech.

CHAPTER ni.

THE ABOLITION OF SLAVERY IN THE DISTRICT OF. COLUMBIA.

The National Capital. Slavery. Mr. Wilson's Resolution. The District Committee. Mr. Wilson's Bill. Mr. Morrill's Report, with Amendments. Mr. Wilson's Bill to repeal the Slave Code. Committee's Amendments adopted. Mr. Morrill's Amendments. Mr. Davis's Amendments. Mr. Doolittle's Amendment. Remarks by Mr. Davis. Mr. Hale. Mr. Doolittle. Mr. Pomeroy. Mr. Willey. Mr. Saulsbury. Mr. King. Mr. Davis. Mr. Wilson. Mr. Kennedy. Mr. Saulsbury. Mr. Harlan. Mr. Wilkinson. Mr. Saulsbury's Amendment. Mr. Sumner. Mr. Wright. Mr. Fessenden. Mr. Davis's Amendment. Mr. Clark's Amendment. Mr. Willey's Amendment. Mr. Clark's Amendment. Mr. Davis. Mr. Morrill, Mr. M'Dougall. Mr. Sumner's Amendment. Mr. Wright's Amendment. Mr. Browning's Amendment. Mr. Wilmot. Mr. Collamer's Amendment. Mr. Doolittle's Amendment. Mr. Powell. Mr. Bayard. Passage of the Bill. House. Mr. Stevens's Motion. Mr. Thomas. Mr. Noxon. Mr. Blair. Mr. Crittenden. Mr. Riddle. Mr. Fessenden. Mr. Rollins. Mr. Blake. Mr. Van Horn. Mr. "Ashley. Mr. Hutchins. Mr. Wright's Amendment. Mr. Hickman. Mr. Wadsworth. Mr. Harding's Amendment. Mr. Train's Amendment. Mr. Lovejoy. Mr. Wickliffe's Amendment. Mr. Holman's Amendment. Mr. Cox. Mr. Menzies' Amendment. Passage of the Bill pp. 38-78.

CHAPTER ly.

THE president's PROPOSITION TO AID STATES IN THE ABOLISHMENT OF SLAVERY.

The President's Special Message. Mr. Roscoe Conkling's Resolution. Mr. Richardson's Speech. Mr. Bingham's Speech. Mr. Voorhees' Speech. Mt. Mallory's Speech. Mr. Wickliffe's Speech. Mr. Diven's Speech. Mr. Thomas's Speech. Mr. Biddle's Speech. Mr. Crisfield's Speech. Mr. Olin's Speech. Mr. Crittenden's Speech. Mr. Fisher's Speech. Mr. Hickman's Speech. Passage of the Bill in the House. In the Senate,

CONTENTS. IX

the Resolution reported without Amendment by Mr. Trumbull. Mr. Saulsbury's Speech. Mr. Davis's Amendment. Mr. Sherman's Speech. Mr. Doolittle's Speech. Mr. Willey's Speech. Mr. Browning's Speech. Mr. M'Dougall's Speech. Mr. Powell's Speech. Mr. Latham's Speech. Mr. Morrill's Speech. Mr. Henderson's Amendment. Mr. Sherman's Speech. Passage of the Resolution pp. 79-91.

CHAPTER V.

THE PROHIBITION OF SLAVERY IN THE TERRITORIES.

Mr. Arnold's Bill. Mr. Lovejoy's Report. Motion to lay the Bill on the Table. Mr. Lovejoy's Substitute. Remarks of Mr. Cox. Mr. Diven. Mr. Olin. Mr. Crisfield. Mr. Kelley. Mr. Sheffield. Mr. Stevens. Mr. Thomas. Mr. Bingham. Mr. Fisher. Passage of the Bill in the House. In the Senate. Mr. Browning's Report. Mr. Browning's Amendment. Mr. Carlile's Speech. Mr. Wade's Speech. Passage of the Bill as amended. Amendment of the Senate concurred in.

CHAPTER YI.

CERTAIN SLAVES TO BE MADE FREE.

Mr. P(mieroy's Bill. Mr. Trumbull's Bill. Mr. Morrill's Joint Resolution. Report of the Judiciary Committee. Mr. Sumner's Amendment. Mr. Sherman's Amendment. Remarks of Mr. Willey. Mr. Hale's Reply. Mr. Harris's Amendment. Remarks of Mr. Howard. Mr. Collamer's Amendment. Motion to refer to a Select Committee. Remarks of Mr. Wilmot. Mr. Wilson's Amendment. Mr. Collamer. Motion to refer to a Select Committee by Mr. Clark. Remarks of Mr. Hale. Mr. Wilson's Reply. Select Committee. Mr. Clark's Report. Mr. Sumner's Amendment. Mr. Davis's Amendment. Mr. Saulsbury's Amendment. Mr. Wilson's Amendment. Mr. Clark's Amendment. Mr. Sumner's Amendment. Passage of the Bill. House. Mr. Eliot's Resolution. Mr. Roscoe Conkling's Amendment. Mr. Campbell's Resolution. Mr. Stevens's Resolution. Mr. Conway's Resolution. Bills referred to Judiciary Committee. Mr. Hickman's Report. Mr. Bingham's Substitute. Mr. Porter's Amendment. Mr. Eliot's Report. Bill defeated. Reconsideration. Recommitted on Motion of Mr. Porter. Reported back by Mr. Eliot. Mr. Clark's Amendment. Senate Amendment lost in the House. Senate Conference Committee. Hoixse Conference Committee. Report of Conference Committee. Mr. Clark's Senate Amendment adopted. . • pp. 110-174.

X CONTENTS.

CHAPTER Vn.

Mr. Sumner's Bill to authorize the Appointment of Diplomatic Kepresentatives to Hayti and Liberia. Mr. Sumner's Speech. Mr. Davis's Amendment. Mr. Davis's Speech. Passage of the Bill. The Bill reported in the House. Mr. Gooch's Speech. Mr. Cox's Amendment. Mr. Cox's Speech. Mr. Riddle's Speech. Mr. Kelley's Speech. Mr. M'Knight's Speech. Mr. Eliot's Speech. Mr. Thomas's Speech. Mr. Fessenden's Speech. Mr. Maynard's Speech. Mr. Crittenden's Speech. Passage of the Bill pp. 175 -183.

CHAPTER Vni.

EDUCATION OF COLORED YOUTH IN THE DISTRICT OF

COLUMBIA.

Mr. Grimes's Bill. Mr. Grimes's Report. Mr. Wilson's Amendment. Remarks of Mr. Wilson. Passage of the Bill. Bill reported in the House by Mr. Rollins. Passage of the Bill. Mr. Lovejoy's Bill. Reported by Mr. Fessenden. Passage of the Bill. Bill reported in the Senate by Mr. Grimes. Passage of the Bill. Mr. Wilson's Bill. Reported from the District Committee. Remarks by Mr. Carlile. Mr. Grimes. Mr. Davis Mr. Morrill. Passage of the Bill in the Senate. Passage in the House. Mr. Wilson's Bill. Mr. Grimes's Bill. Passage in the Senate. Mr Patterson's Substitute. Passage of the Bill. . . . pp. 184-194.

CHAPTER IX.

THE AFRICAN SLAVE-TRADE.

The Treaty between the United States and Great Britain for the Suppression of the Slave-trade. Mr. Sumner's Bill. Remarks of Mr. Saulsbury. Passage of the Bill. Mr^ Foster's Bill. Passage of the Bill.

CHAPTER X.

ADDITIONAL ACT TO ABOLISH SLAVERY IN THE DISTRICT

OF COLUMBIA.

Mr. Wilson's Bill. Reported back with Amendments by Mr. Grimes. Mr. Grimes's Speech. Mr. Wilson's Speech. Committee's Amendments. Mr. Sumner's Amendment. Passage of the Bill. Bill in the House. Remarks of Mr. Wickliffe. Motion to lay on the Table by Mr. Cox. Remarks by Mr. Crisfield. Passage of the Bill. . pp. 198-202.

CONTENTS. XI

CHAPTER XL

COLORED SOLDIERS.

Mr. Wilson's Bill. Mr. Grimes's Amendment. Remarks of Mr. Saulsbury. Mr. Carlile. Mr. King's Amendment. Mr. Sherman's Speech. Mr. Fessenden's Speech. Mr. Rice's Speech. Mr. Wilson's Speech. Mr. Davis's Amendment. Mr. Collamer's Speech. Mr. Ten Eyck's Speech. Mr. King's Speech. Mr. Henderson's Amendment. Mr. Sherman's Amendment. Mr. Browning's Amendment. Mr. Lane's Speech. jMr. Harlan's Speech. Mr. Wilson's Bill. Remarks by Mr. Sherman. Mr. Lane. Speech of Mr. Howard. Mr. Sherman's Amendment. Mr. Browning's amendment. Remarks of Mr. Henderson. Mr. Wright. Mr. Doolittle. Mr. Powell. Passage of the Bill. Mr. Stevens's Amendment. Remarks of Mr. Clay. Mr. Boutwell. Mr. Davis's Amendment. Mr. Mallory's Speech. Mr. Webster's Amendment. Mr. Scofield's Speech. Mr. Wood's Speech. Mr. Whalley's Amendment. Mr. Stevens's Amendment adopted. Conference Committee. Report adopted.

CHAPTER Xn.

AID TO THE STATES TO EMANCIPATE THEIR SLAVES.

Mr. Wilson's Joint Resolution. House Committee on Emancipation. Mr. White's Bill. Mr. Wilson's Resolution. Mr. Henderson's Bill. Mr. Noell's Bill. Mr. White's Report. Remarks of Mr. Clements. Mr. Wickliffe. Mr. Noell. Passage of the Bill. House Bill reported by Mr. Trumbull. Remarks of Mr. Henderson. Mr. Wilson's Amendment. Remarks of Mr. Fessenden. Mr. Trumbull. Mr. Foster. Mr. Wilson. Mr. Sherman. Mr. Cowan. Mr. Bayard. Mr. Clark. Mr. Lane of Kansas. Mr. Morrill. Mr. Wilson's Amendment. Mr. Grimes's Speech. Mr. Kennedy's Speech. Mr. Harris's Report. Mr. Wilson of Missouri. Mr. Wall's Speech. Mr. Richardson's Amendment. Mr. Collamer's Amendment. Mr. Sumner's Amendment. Remarks of Mr. Powell. Mr. Sumner's Amendment. Mr. Sumner's Speech. Passage of the Bill as amended. Mr. White's Report in the House. Bill referred to Committee of the Whole pp. 224-248.

CHAPTER Xni.

AMENDMENT OF THE CONSTITUTION.

Mr. Ashley's Bill. Mr. Wilson's Joint Resolution. House Committee on the Judiciary. Mr. Henderson's Joint Resolution. Mr. Sumner's Resolution. Mr. Henderson's Amendment reported with an Amendment.

Xll CONTENTS.

Remarks of Mr. Trumbull. Mr. "Wilson. Mr. Davis's Amendment. Remarks of Mr. Saulsbury. Mr. Clark. Mr. Howe. Mr. Johnson. Mr. Davis's Amendments. Mr. Powell's Amendment. Remarks of Mr. Harlan. Mr. Hale. Mr. M'Dougall. Mr. Hendricks. Mr. Henderson. Mr. Sumner. Mr. Sumner's Amendment. Remarks of Mr. Trumbull. Mr. Howard. Passage of 'the Joint Resolution in the Senate. Mr. Morris's Speech. Remarks of Mr. Herrick. Mr. Kellogg. Mr. Pruyn. Mr. Wood. Mr. Higby. Mr. Wheeler's Amendment. Mr. Kellogg of Michigan. Mr. Ross. Mr. Holman. Mr. Thayer. Mr. Mallory. Mr. Ingersoll. Mr. Pendleton's Amendment. Joint Resolution defeated. Mr. Ashley's Motion to reconsider. . . pp. 249-272.

CHAPTER XIV.

REPEAL OF FUGITIVE-SLAVE LAWS.

Mr. Howe's Bill. Mr. Wilmot'sBill. Mr. Wilson's Bill. Mr. Stevens's Bill. Mr. Ashley's Bill. Mr. Julian's Bill. Special Committee on Slavery. Mr. Sumner's Bill and Report. Mr. Foster's Speech. Mr. Sherman's Amendment. Mr. Johnson's Speech. Mr. Sumner's Speech. Mr. Saulsburj'^'s Amendment. Mr. Brown's Speech. Mr. Howard's Amendment. Remarks of Mr. Conness. Mr. Morris's Bill. Remarks of Mr. Mallory. Mr. Morris. M. Wilson. Mr. Pendleton. Mr. King. Mr. Cox. Mr Hubbard. Mr. Farnsworth. Passage of Mr. Morris's Bill in the House. Mr. Morris's Bill reported by Mr. Sumner. Mr. Saulsbury's Amendment. Mr. Johnson's Amendment. Passage of the Bill.

CHAPTER XY.

PAT OF COLORED SOLDIERS.

Mr. Wilson's Bill. Mr. Grimes's Amendment. Mr. Wilson's Joint Resolution. M. Conness's Amendment. Remarks of Mr. Fessenden. Mr. Wilson. Mr. Foster. Mr. Sumner. Mr. Johnson. Mr. Grimes. Mr. Howe. Mr. Wilson. Mr. Grimes. Mr. Cowan's Amendment. Mr. Sumner's Amendment. Mr. Wilson's Amendment. Mr. Doolittle's Amendment. Mr. Sumner's Amendment to Mr. Cowan's Amendment. Mr. Wilson's Amendment. Remarks of Mr. Clark. Mr. Davis's Amendment. Mr. Collamer's Amendment. Remarks of Mr. Foot. Mr. Sumner's Amendment. Remarks of Mr. Wilkinson. Mr. Wilson. Mr. Howard. Mr. Johnson. Mr. Fessenden. Mr. Wilson's Bill. Mr. Davis's Amendment. Passage of the Bill. Mr. Wilson's Amendment to the Army Appropriation Bill. Mr. Stevens's Amendment. Remarks of Mr. Holman. Mr. Price. Mr. Holman's Amendment. Conference Committees. Report accepted pp. 293-312.

CONTENTS. Xill

CHAPTER XVI.

TO MAKE FREE THE WIVES AND CHILDREN OF COLORED

SOLDIERS.

Mr. Wilson's Bill to promote Enlistments. Mr. Powell's Motion to strike out the Section to make free the Mothers, Wives, and Children of Colored Soldiers. Mr. Henderson's Amendment. Remarks of Mr. Grimes. Mr. Wilkinson. Remarks of Mr. Johnson. Mr. Sherman's Speech. Mr. Carlile's Speech. Remarks of Mr. Doolittle. Mr. Brown's Amendment. Mr. Wilson's Amendment. Mr. Wilkinson's Amendment. Remarks of Mr. Sherman. Mr. Grimes. Mr. Conness's Motion to refer the Bill. Remarks of Mr. Clark. Mr. Howard. Mr. Fessenden. Mr. Davis's Amendment. Mr. Wilkinson's Speech. Mr. Wilson's Joint Resolution.

CHAPTER XVII.

A BUREAU OF FREEDMEX.

Memorial of the Massachusetts Emancipation League. Mr. Eliot's Bill. Select Committee on Emancipation. Ereedmen's Bill reported by Mr. Eliot. Remarks of Mr. Eliot. Mr. Cox. Mr. Cole. Mr. Brooks. Mr Kelley. Mr. Dawson. Mr. Price. Mr. Knapp. Mr. Pendleton. Passage of Mr. Eliot's Bill. Mr. Sumner's Bill. Mr. Eliot's Bill reported by Mr. Sumner, with an Amendment. Mr. Sumner's Speech. Mr. Sumner's Amendment amended and adopted in the Senate. The House postpone the Bill to the next Session pi<. 328-33J.

CHAPTER XVIII.

RECONSTRUCTION OF REBEL STATES.

Mr. Harlan's Bill. Mr. Sumner's Resolutions. Mr. Ashley's Bill. Mr. Harris's Bill. Mr. Winter Davis's Resolution. Select Committee on Reconstruction. Mr. Davis's Bill. Remarks of Mr. Davis, Mr. Beaman, Mr. Allen, Mr. Smithers, Mr. Norton, Mr. Broomall, Mr. Scofield, Mr. Dawson, Mr. Williams, Mr. Baldwin of Massachusetts, Mr. Donnelly, Mr. Perham, Mr. Gooch, Mr. Fernando Wood, Mr. Kelley, Mr. Boutwell, Mr. Pendleton. Mr. Davis's Substitute. Passage of Mr. Davis's Bill. House Bill reported by Mr. Wade. Mr. Brown's Amendment. Mr. Sumner's Amendment. Passage of Mr. Brown's Substitute. House non-concur. Senate recede. Passage of the Bill. The President refuses to approve it pp. 337-347.

XIV CONTENTS.

CHAPTER XIX.

CONFINEMENT OF COLORED PERSONS IN THE WASHINGTON

JAIL.

Mr. Wilson's Joint Resolution. Remarks of Mr. Wilson, Mr. Clark, Mr. Hale, Mr. Wilson, Mr. Fessenden, Mr. Sumner. Mr. Clark's Resolution. Mr. Grimes's Bill. Remarks of Mr. Grimes. Mr. Powell's Amendment. Remarks of Mr. Pearce, Mr. Powell, Mr. Carlile, Mr. Wilson, Mr. Fessenden, Mr. Latham, Mr. Cowan. Passage of the Bill. Mr. Wilson's Bill. Remarks of Mr. Wilson. Mr. Grimes's Amendment. Remarks of Mr. M'Dougall, Mr. Hale, Mr. Wilson, Mr. Pearce, Mr. Sumner. Mr. Bingham's Bill pp. 348-357.

CHAPTER XX.

NEGRO TESTIMONY.

The Bill to abolish Slavery in the District of Columbia. Mr. Sumner's Amendment. Supplementary Bill to abolish Slavery in the District of Columbia. Mr. Sumner's Amendment. Mr. Sumner's Bill. Mr. Sumner's Amendment to the Civil Appropriation Bill. Remarks of Mr. Sumner. Mr. Sherman. Mr. Buckalew's Amendment. Remarks of Mr. Saulsbury. Mr. Howard. Mr. Sumner's Amendment adopted.

CHAPTER XXI.

THE COASTWISE SLAVE-TRADE.

Mr. Sumner's Bill. Mr. Sumner's Amendment to the Civil Appropriation Bill. Remarks of Mr. Sherman, Mr. Sumner, Mr. Johnson, Mr. Hendricks, Mr. Collamer, Mr. Johnson, Mr. Saulsbuiy, Mr. Doolittle. Adoption of Mr. Sumner's Amendment pp. 362-366.

CHAPTER XXII.

COLOR NO DISQUALIFICATION FOR CARRYING THE MAILS.

Mr. Sumner's Bill. Passage in the Senate. Reported by Mr. Colfax in the House. Remarks of Mr. Colfax. Mr. Dawes. Mr. Wickliife. Bill laid on the Table. Mr. Sumner's Bill. Mr. Collamer's Amendment. Remarks of Mr. Collamer. Mr. Lane of Indiana. Mr. Lane of Kansas. Mr. Saulsbury. Mr. Sumner. Mr. Powell. Mr. Hendricks. Mr. Powell's Amendment. Remarks of Mr. Conness. Mr. Johnson.

CONTENTS. XV

CHAPTER XXni.

NO EXCLUSION FROxM THE CARS ON ACCOUNT OP COLOR.

Mr. Sumner's Amendment. Eemarks of Mr. Saulsbury, Mr. Johnson, Mr. Sumner, Mr. Morrill. Mr. Sumner's Amendment. Eemarks of Mr. Sherman, Mr. Hendricks, Mr. Wille}'-, Mr. Sumner, Mr. Wilson, Mr. Trumbull, Mr. Sumner, Mr. Wilson, Mr. Grimes, Mr. Powell. Amendment agreed to. pp. 371-376.

CHAPTER XXIY.

AMENDMENT OF THE CONSTITUTION. FINAL ACTION.

Second Session of Congress. President's Message. Eemarks by Mr. Brooks. Mr. Creswell. Eemarks by Mr. Ashley on his Motion to reconsider the Ecjecting Vote. Eemarks by Mr. Orth. Mr. Scofield. Mr. Bliss. Mr. Eogers. Mr. Davis. Mr. Yeaman. Mr. Odell. Mr. Kasson. Mr. Fernando Wood. Mr. King. Mr. Smithers. Mr. Holman. Mr. Pendleton. Mr. Jenckes. Mr. Eollins. Mr. Garfield. Mr. Stevens. Mr. Baldwin. Mr. Washburne. Mr. Patterson. Mr. Pike. Mr. M'Allister. Mr. Herrick. Mr. Brown. Previous Question. Motion to lay the Motion to reconsider lost. Eesolution reconsidered. Passage of the Amendment. Vote received with Cheers pp. 377- 394.

tl^HAPTER XXY.

TO MAKE FREE THE WIVES AND CHILDREN OP COLORED SOLDIERS. FINAL ACTION.

Mr. Wilson's Joint Eesolution to make Wives and Children free. Eeported back by the Military Committee. Motion by Mr. Davis to refer it to Judiciary Committee. Eemarks of Mr. Wilkinson. Mr. Wilson. Mr. Hendricks. Mr. Powell. Mr. Davis. Motion to refer lost. Eemarks of Mr. Doolittle. Mr. Saulsbury. Mr. Sumner. Mr. Clark. Mr. Pomeroy. Mr. Wade. Mr. Johnson. Mr. Powell's Amendment. Mr. Davis's Amendment rejected. Eemarks by Mr. Trumbull. Passage of the Joint Eesolution. Eesolution reported from the House Judiciary Committee. Eemarks of Mr. Wilson. Mr. Harris. Mr. Mallory. Passage of the Eesolution. Approval by the President.

XVI CONTENTS.

CHAPTER XXVI.

A BUREAU OF FREEDMEN. PINAL ACTION.

House non-concur in the Senate Amendment. Committee of Conference. Report of the Conference Committee. Remarks of Mr. Kernan. Motion to lay the Report on the Table lost. Remarks of Mr. Schenck. Report accepted. Remarks of Mr. Sumner. Mr. Davis. Mr. Hendricks. Mr. Grimes. Mr. Sprague. Mr. Sumner. Mr. Grimes. Mr. Henderson. Mr. Hale. Mr. Conness. Mr. Morrill. Mr. Johnson. Mr. Harlan. Report of the Conference Committee rejected. The Senate ask another Conference. The House agree to a Committee of Conference. Mr. Wilson reports a Bill from the Conference Committee. Remarks of Mr. Powell. Mr. Howard. Report accepted. Report accepted by the House , pp. 405-416.

CHAPTER XXVn.

CONCLUSION pp. 417-424.

ANTISLAYERY MEASURES IN CONGRESS.

CHAPTER I.

SLAVES USED EOE INSUREECTIONARY PURPOSES

MADE FREE.

SLAVES USED IN THE REBEL FORCES. — MR. TRUMBULL' S PROPOSITION TO FRP:E SLAVES USED FOR MILITARY PURPOSES. — MR. TRUMBULL'S SPEECH. — MR. BRECKINRIDGE'S SPEECH. — MR. WILSON'S SPEECH. — MR. BRECKINRIDGE'S REPLY. — MR. M'DOUGALL'S SPEECH. — MR. TEN EYCK'S SPEECH. — MR. PEARCE'S SPEECH. — ADOPTION OF MR. TRUM- BULL'S AMENDMENT FREEING SLAVES USED FOR MILITARY PURPOSES.

SUBSTITUTE REPORTED BY THE JUDICIARY COMMITTEE OF THE

HOUSE. — SUBSTITUTE REJECTED. — MR. BINGHAM' S SPEECH. — MR. BURNETT'S SPEECH. — MR. CRITTENDEN'S SPEECH. — MR. KELLOGG'S SPEECH. — MR. cox's MOTION TO LAY THE BILL ON THE TABLE. — MR. PENDLETON'S SPEECH. — MR. STEVENS'S SPEECH. — MR. DIVEN'S SPEECH. — MR. PENDLETON'S MOTION TO RECOMMIT THE BILL CAR- RIED.— BILL REPORTED BACK WITH AN AMENDMENT. — MR. HOLMAN'S MOTION TO LAY THE BILL ON THE TABLE. — PASSAGE OF THE BILL.

T the opening of the Rebellion, slaves were used by their masters for insurrectionary purposes. Wherever armed rebels gathered, officers, and in many instances privates, brought their slaves with them as servants. Slaves were put at work on fortifications, and employed by thousands as laborers in various capacities in the rising forces of the insurgents. They were used in the erection of the works in the harbor of

Charleston, on which were planted the batteries whose fires demolished Sumter, and kindled the devastating flames of civil war. In Virginia, where the rebel forces were massing for the contest, the labor of slaves lightened the toils of rebel soldiers, and augmented the powers of rebel armies.

In the Senate, on the 20th of July, 1861, Mr. Trumbull (Rep.) of Illinois, Chairman of the Committee on the Judiciary, reported, by order of that committee, a bill to confiscate the property used for insurrectionary purposes. The bill provided, that if during the present or any future insurrection against the Government of the United States, after the President shall have declared by proclamation that the laws of the United States are opposed, and the execution obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, any person or persons, his, her, or their agent, attorney, or employe^ shall ^purchase or acquire, sell or give, any property, of whatsoever kind or description, with intent to use or employ the same, or suffer the same to be used or employed, in aiding, abetting, or promoting such insurrection, or any person or persons engaged therein ; or if any person or persons, being the owner or owners of any such property, shall knowingly use or employ, or consent to the use or employment of, the same, — all such property is to be declared to be lawful subject of prize and capture wherever found.

Mr. Fessenden (Rep.) of Maine thought it a very important bill, that had better be postponed for consideration. Mr. Trumbull did not care to have the bill considered at that time ; but he would like to offer an amendment, not reported from the committee, with the view of having it before the Senate. He then proposed as an additional section, —

" That whenever any person claiming to be entitled to the service or labor of any other person, under the laws of any State, shall employ such person in aiding or promotiDg any insurrection, or in resisting the laws of the United States, or shall permit or suffer him to be so employed, he shall forfeit all right to such service or labor ; and the person whose labor or service is thus claimed shall be henceforth discharged therefrom, any law to the contrary notwithstanding."

Mr. Ten Eyck (Rep.) of New Jersey did not understand the Chairman of the Committee on the Judiciary to offer the amendment from that committee. Mr. Trumbull replied, that he had already stated that he offered the amendment himself, not from the committee.

On the 2 2d of July, the day following the battle of Bull Run, the bill to confiscate property used for insurrectionary purposes was taken up for consideration ; the pending question being Mr. Trumbull's amendment freeing slaves used for military purposes. Mr. Breckinridge (Dem.) of Kentucky said, "This amendment strikes me as very objectionable. I do not propose to argue it, for I am aware it will probably command a decided majority in the Senate ; but I ask for the yeas and nays on the amendment." Mr. Trumbull, Chairman of the Judiciary Committee, in reply to Mr. Breckinridge, said, "As the yeas and nays are called for, I will state simply what it is, and all there is of it. The amendment provides, that if any person held to service or labor in any State, under the laws thereof (by which, of course, is meant a slave in any of these

States), if employed, in aid of this Rebellion, in digging ditches or intrenchments, or in any other way, or if used for carrying guns, or if used to destroy this Government, by the consent of his master, his master shall forfeit all right to him, and he shall be for ever discharged ; and I am glad the yeas and nays are called to let us see who is willing to vote that the traitorous owner of a negro shall employ him to shoot down the Union men of the country, and yet insist upon restoring him to the traitor that owns him. I understand that negroes were in the fight which has recently occurred. I take it that negroes who are used to destroy the Union, and to shoot down the Union men by the consent of traitorous masters, ought not to be restored to them. If the senator from Kentucky is in favor of restoring them, let him vote against the amendment. To these remarks of Mr. Trumbull, Mr. Breckinridge replied, with some warmth of manner, " The line of remarks made by the senator appears to me to be altogether uncalled for. I expect to do my duty here as a senator, upon my own conscience and upon my own judgment, according to the Constitution. I shall enter into no argument in reply. I showed my willingness to vote by asking for the yeas and nays. In my opinion, the amendment will be one of a series which will amount, before we are done with it, — if, unhappily, we have no settlement or adjustment soon, — to a general confiscation of all property, and a loosing of all bonds. The inferences the senator draws are not deducible from my motives and purpose in calling for the yeas and nays on this amendment, and the vote I shall give."

"I shall vote," said Mr. Wilson (Rep.) of Massachusetts, "with more heart than I vote for ordinary measures, for this proposition. I hope the Senate and the House of Representatives will sustain it, and that this Government will carry it out with an inflexibility that knows no change. The idea that men who are in arms destroying their country shall be permitted to use others for that purpose, and that we shall stand by and issue orders to our commanders, that we should disgrace our cause and our country by returning such men to their traitorous masters, ought not longer to be entertained. The time has come for that to cease ; and by the blessing of God, as far as I am concerned, I mean it shall cease. If there is anybody in this Chamber that chooses to take the other path, let him do it : let him know what our purpose is. Our purpose is to save this Government and save this country, and to put down treason ; and, if traitors use bondmen to destroy this country, my doctrine is that the Government shall at once convert those bondmen into men that cannot be used to destroy our country. I have no apologies to make for this position. I take it proudly. I think the time has come, when this Government, and the men who are in arms under the Government, should cease to return to traitors their fugitive slaves, whom they are using to erect batteries, to murder brave men who are fighting under the flag of their country. The time has come when we should deal with the men who are organizing negro companies, and teaching them to shoot down loyal men for the only oflence of upholding the flag of their country. I hope further, sir, that

there is a public sentiment in this country that will

1* blast men who will rise in the Senate, or out of it, to make apologies for treason, or to defend or to maintain the doctrine that this Government is bound to protect traitors in converting their slaves into tools for the destruction of the Republic."

"One single word, sir," said Mr. Breckinridge in reply. " The senator from Massachusetts is a senator from that Commonwealth, and, I presume, discharges M^hat he believes to be his duty. I am a senator from Kentucky, and I do the same thing ; and when the senator attempts to deter me from doing my duty in my place, by intimating to me that the public sentiment, here or elsewhere, will blast any man who votes as he believes in his conscience to be right, I tell him that he speaks to the wind. I will utter no unparliamentary language ; but I give that senator notice now, that it is perfectly idle to attempt to influence the conduct of senators, in the discharge of their public duties, by any such course of remark."

" I understand this amendment," said Mr. M'Dougall (Dem.) of California, "to be in the nature of a confiscation for treason. I am in favor of it ; but I ask the senator from Illinois to make one modification in it. As it now reads, it makes the confiscation where the masters ^ permit or sufler ' the employment of these parties. ^ Suffer ' may be something he is compelled to do, and therefore I object to that term." Mr. Trumbull would agree to that amendment.

Mr. Ten Eyck of New Jersey said, "No longer ago than Saturday last, I voted in the Judiciary Committee against this amendment, for two reasons : first, I did not believe that persons in rebellion against this Government would make use of such means as the employment of persons held to labor or service in their armies ; secondly, because I did not know what was to become of these poor wretches if they were discharged. God knows, we do not want them in our section of the Union. But, sir, having learned, and believing, that these persons have been employed with arms in their hands to shed the blood of the Union-loving men of this country, I shall now vote in favor of that amendment, with less regard to what may become of these people than I had on Saturday. I will merely instance that there is a precedent for this. If I recollect history aright. Gen. Jackson, in the Seminole War, declared that every slave who was taken in arms against the United States should be set free."

"It will not be -surprising to the Senate," said Mr. Pearce (Dem.) of Maryland, "if those who come from the section of the country in which I reside should be a little sensitive at any thing which proposes, as this amendment does, an act of emancipation, however limited and qualified. That is my objection to it. Besides, I think it will be brutum fulmen. Nothing will come of it but more of that irritation of which it is my earnest prayer there shall be as little as possible. I think it is the part of statesmen, in managing the concerns of the country at this dreadful crisis, to observe all possible toleration, all conciliation, all liberality ; not looking merely at the events of the day, but at the great events that may crowd upon us for years, and upon which the fate of the country, for weal or for woe, may depend for a century. I am not insensible to the magnitude of this occasion. I look at all its aspects, jyid at all the consequences which may result from that which is now in progress. No man deplores it more deeply than I do. 'No man sought more earnestly to shun it. I only ask now, that this measure, which cannot be of any very active force, may not be adopted ; because it will only add one more to the irritations which are already exasperating the country to far too great an extent. It will inflame suspicions which have had much to do with producing our present evils ; will disturb those who are now calm and quiet ; inflame those who are restless ; irritate numbers who would not be exasperated by any thing else ; and will, in all probability, produce no other real eflect than these. Being, then, useless, unnecessary, and irritating, it is, in my opinion, unwise."