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charged, would establish my action as within the legal con- The committee review the case, and constru dia of the postal acts authorizing the transportation clude as follows: of printed matter in the United States mails. It would settle the right of this department and its various officers to Your committee are not unmindful of the fact that too Teist all efforts to make them particeps criminis of treason ab1 relllion, by compelling them to circulate and distrib- great caution cannot be exercised in arriving at a conclusion

as to what is and what is not lawful mailable matter, or, ute with their own hands the moral weapons which are to in other words, what pipers, publications, or messag's are tring civil war to their firesides, with its horrible train of treasonable in their character, or for other reasons unlaw. barbarities in the destruction of life and property. excluded from the mails obe ne and scandalous printed one of the federal courts in the State of Now York concur. Olen the like considerations I have, at different times, ful; au should, therefore, be exclude from tho mails.

In the caso now before the committee the grand jury of Datter on exhibition of its criminal immorality. If an un- red in opinion with the head of the Post Office Department elei print: d publication were offered to the mails, insti- in the construction of the character of the publications, ating murder, arson, destruction of railroads, or other and the purposes of the publishers, it being, too, in a time criars, and culrocating an organization for such purposes, I when extreme vigilance was demanded in the executive ehjall upon the same principles, without hesitation, ex- department of the Government to preserve the integrity of clot it from the mails as unlawful matter, in the absence the Union. And the object being to secure that noble and of a contrasening act of Congress. I do not wish to be understod, however, as indorsing, but master General was not only within the scope of his powers,

patriotic object, your committee believe the act of the Postrather as distinctly dissenting from, some of the arguments but induced solely by considerations of the public good. 201 conclusions, and from the extent to which preceding Alministrations have gone, as in licated by some of tho Mr. Geo. II. PENDLETON, of Ohio, (of the Jufrezoing citations. The precedents and arguments go far brood any action which I have taken, or would be willing diciary Committee,) in his speech, March 3, to take, under the like circumstances.

1863, in the House, quoted these two additional 1st. I reject that portion of the precedents which allows paragraphs from Amos Kendall's opinion of tetraight thousand postmasters of the country to judge, each for himself, what newspapers are lawful and what un

1835 : brul; what may go in the mails and what shall be ex- “ After mature consideration of the subject, and seeking coded. I have refused to allow postmasters to sit in final the best advice within my reach, I am contirmed in the julement upon all the interests involved, subject as they opinion that the Postmaster General has no legal anthority, are to conflicting local prejudices. The Postmaster General, by any order or regulation of the Department, tv exclude ebo is more directly responsible to Congress, and more ac- from the mails any species of magazines, newspapers, or cessible to their inquiries, should alono exercise such pamphlets. Such a power vested in the head of this De. sl'hority, in whaterer degree it exists, and should not partment would be fearfully dangerous, and has therefore devoite it on sobordinates. Whatever control can be law- been withheld. Any order or letter of mine directing or fully exercisel over the inails by a postmaster may always officially sanctioning the step you have aken woul, therebe eserrisdi or orilered by the chief, under whose direction fore, be utterly powerless and void, and would not in the the lax espressly subordinates the postmaster. This is a slightest dexree relieve you from its responsibility. sefa vident proposition. It has, however, been sustained "The Postmaster General has no legal power to preby the official opinion of the Attorney General of the scribe any rules for the government of postmasters in such United States, dated March 2, 1837.

cases; nor has he ever attempted to do 80. They act in 91. I dissent from the extent to which the doctrine has each case on their own responsibility; and if they imbeen carried by late administrations, that in time of peaco, properly detain or use papers sent to their offices for transand in the aba ince of all hostilo or criminal organizations, | mission or delivery it is at their peril, and on their heads Operating against Constitution or law, either a Postmaster falls the punishment. If in time of wara postmaster should General, or any postmarter, can at will exclude from the detect the letter of an enemy or a spy passing through the mails newspapirs and other printed matter which contain mail, which, if it reached its destination, would expose his de wins obnoxious to some special interest, but not country to invasion and her armies to destruction, ought he atet agunst Government, law, or the public safety. It is not to arrest it? Yet where is his legal power to do so ?” tu: dangerous a discretion to be exercised or desired by any

He added : esa utile offrer attached to the constitutional freedom of the pres. Such has been, in some cases, the action of this In 1836, Mr. Calhoun, as chairman of a special committco dpirtm nt in late years, and I take this occasion to break of the Senate, reported a bill making it a penal offence for ti to great uniforinity of its decisions in this respect. any postmaster to receive into the mails for transmission Lien in time of war, the power to long conceded should be to any person within a State, or to deliver out of the mails Hwith great care and delicacy. I say in time of war, to any such person, any publication tho circulation of laatse the executire department has puwers then which which was forbidden by that Stato. Subsequently the first $t attach to it in time of peace. The Constitution pro- clauso of tho Lill was stricken out, and the latter, relating

k that no person shall be deprived of life, liberty, or to the delivery of such matter, was retained. It gave rise mujerty with sut due process of law; nor shall private to much discussion, and elicited an extremely ablo debato FA rty te taken for public uso without just compensa- from the most eminent members of that then very ablo tion." Yet, in time of war, tho life, liberty, and property of body. Mr. Calhoun, the zealous advocate of the bill, conPt us in the United States, being also insurrectionary tended that a bill of this nature was the only one which othies of the United States, are necessarily taken without Congress had the power to pass; that Congress could not any press except that of powder and the bayonet. And discriminato in reference to character what publications Di Lan denies the right as an incident of war. Yet, in whall or shall not be transmitted through the mail, without pero it could not be done. These acts are as thoroughly abridging the liberty of the press, and subjecting it to the crestitutional in war as they are unconstitutional in peace. control of congressional legislation; but that no such roin lemony with this principle, I would give fur greater striction applied to the States; they might forbid such latinds to alleged wrongful and obnoxious printed matter publications as they thought dangerous, and that Congreng bajeriod of peace than woull bo justifiable in a time of war. had the power, and ought to exercise it, of co-operating

This reply to the inquiry transmitted to me by the com- with the States in repressing the circulation of publications aittee embraces the following conclusions:

thus prohibited. Firrt. Ibat the exercise of the authority inquired of rests The circulation of anti-slavery documents, tending to exuca the Constitution of the United States, and the definiscito servilo insurrection, had become a great evil. It bad to of mulable matter given in the postal law, as construed awakened fears of trouble among the slaves, and had thereby part ariininistrations of this department, enforced by the fore exasperated the people. Most of the flavchulding States Gal gpinion of a late Attorney General of tho United had passed laws forluding their circulation und s severe Ee, and known to and recognized by former Congresses penalties. They were still carried through the nruil., and t th United States.

it began to be questioned whether the postmuters were not Prod. That a power anda duty to prevent hostile printed relioved from the penalties of the State law becauso they matter from reaching the enemy, and to prevent such mat- were acting under the sanction of Federal law. Great anto frun instigating others to co-operate with the enemy, by xiety existed to relieve the apprehensions of the southern the aid of the Unitd States mails, exist in time of war, and people. The President, General Jack-on, recommended the in the presence of treasonable and armed enemies of the subject most earnestly to Congress. He did not pretend that Tad suter, which do not exist in time of peace, and in there existed any power of relief in any of the Executive the absence of criminal organizations.

Departments. Senators, almost without exception, expressed Tard. That the present Postmaster General has restricted a determination to go as far as they could to apply a remedy. the esprise of the power during this war far within the But the bill

was most strenuously opposed. It was said to supe claimed and allowed by former Administrations in curtail the freedom of the prres. periods of national peace.

The bill was lost by a majority of seven; Messrs. Benton, I have the bunor to be, very respectfully, your oberlient Clay, Crittenden, Southard, Wall, Leigh, Goldsborough, settant,

M. BLAIR, Postmaster General. among others from the slaveholding States; and Jessrs.


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Webster, Niles, Ewing, and Davis, with others from tho that occasion or against any class of men. It is ono of an non-slaveholding States voting against it. And yet it is in enduring character, to be asserted at all tim” and against reference to this discussion and this action that the Post- all condition of citizens, without favor er distinction. Untmaster General in his letter to the committed says "that less all are made to bow to thu law, it will be respected by Congress by its inaction seemed to concur in the right and the policy of excluding such alleged treasonable and insur- Unless all are made secure in their rights of per: in and rectionary publications from the mails.” On the contrary, property, none can be protected. If the owners of the Congress expressly refused to sanction the idea that it had above-named journals hare violated Stats or national laws, tho power; and certainly no other department of the Gov- they inust bo proceeded against and punishel by those laws ernment has.

Any action against them outside of les procedures is Generals commanding departments frequent- jesty of the law must be upheld or society will sink into

criminal. At this time of civil war and disorder, the as ly prohibit the circulation of certain newspapers anarchy. Our soldiers in the field will little in vain for within the limits of their commands. “Major constitutional liberty if persons or property, or opinions, General Wallace, May 18, 1864, suppressed the freedom, and thus disgrace the American chracter while

are trampled upon at home. Wo must nut give up honte Baltimore Evening Transcript. Major General our citizens in the army are pouring out their look iu Rosecrans, May 26, 1864. prohibited the circu- maintain the national honor. Thy must not find when lation of the Nietropolitan Record in the depart- they come back that their personal and tiresido rights have

been ment of Missouri. The circulation of the Cin- In addition to the general obligation to enforce the laws cianati Enquirer has recently been prohibited of the land, there aru local reasons why they must be upby the General commanding, in Kentucky.

held in the city of New York. If they are not, its comments

and greatness will be brokn down. If this great center of A REMINISCENCE.

wealth, business, and enterprise is thrown into disorler and

bankruptcy, the National Government will be paralyzed. VIRGINIA AND THE TRIBUNE.

What makes New York the heart of our country? Why Post OFFICE, LYNCHBURG, VIRGINIA, are its pulsations telt at tho extremities of our land? Not December 2, 1859.

through its position alone, but because of the world-wide MR. HORACE GREELEY :

belief that property is safi within its limits from wasie by SIR: I hereby inform you that I shall not, in future, de- mobs and from spoliation by Government. Jiver from this office the copies of the Tribune which como

The laborers in the workshop, the mine, and in the field, here, because I believe them to be of that incendiary char- on this continent and in every other part of the globe, send acter which are forbidden circulation aliko by the laws of to its merchants, for sale or exchange, the products of their the land, and a proper regard for the safety of society. You toil. These merchants are made the trustees of the wealth will, therefore, discontinue them.

of millions living in every land, because it is believed that Respectfully, R. H. GLASS, Postmaster.

in their hands property is safe under the shield of laws ad

ministered upon principle and according to known usage. Reply.

This great confidence has grown up in the course of many

years by virtue of a painstaking, honest performance of New YORK, December 9, 1859. duty by the business men of your city. In this they have MR. POSTMASTER OF LYNCHBURG, VIRGINIA :

been aided by the enforcement of laws based upon the SIR: I take leave to assure you that I shall do nothing of solemnly-recorded pledges that “the right of the people to the sort. The subscribers to the Tribune in Lynchburg secure in their persons, houses, papers, an cijects have paid for their papers; we have taken their money, and against unreasonablo searches and seizures shall not be vioshall fairly and fully earn it, according to contract. If they lated, and that no one shall be deprived of liberty or prupdirect us to send their papers to some other post office, wo erty without due process of law.” shall obey the request; otherwise, we shall send them as For more than eighty years havo we as a people been originally ordered. If you or your masters choose to steal building up this universal faith in the sanctity of our and destroy them, that is your atruir-at all events, not ours; jurisprudence. It is this which carries our commerce upon and if there is no law in Virginia to punish the larceny, so every ocean and brings back to our merchants the weath much the worse for her and our plundered subscribers. If of every clime. It is now charged that, in utter disregard the Federal Administration, whereof you are the tool, after of the sensitiveness of that faith, at a moment when the monopolizing the business of mail-carrying, secs fit to be- national credit is undergoing a fearful trial, the organs of come the accomplice and patron of mail-robbery, I suppose commerce are seized and held, in violation of constitutivnal the outrage must be borne until more honest and less ser- pledges, that this act wis done in a public mart of your vile rulers can be put into luigh places at Washington, or great city, and was thus forced upon the notice of the contill the people can recover their natural right to carry each mercial agents of the world, and they w re shown in an other's letters and printed matter, asking no odds of the offensive way that property is seized by military force and Government. Go ahen in your own base way. I shall arbitrary orders. stand steadfast for human liberty and the protection of all These things are more hurtful to the national honor and natural rights.

strength than the loss of battles. The world will confund Yours, stiifly,

HORACE GREELEY. such acts with the principles of our Government, and the THE RECENT SUPPRESSION IN NEW YORK.

folly and crimes of officials will be looked upon as the

natural results of the spirit of our institutions. Our Suite 1864, May 19–By order of the Secretary of and local authorities must repel this ruinous in ference. If War, the offices of the Journal of Commerce and the merchants of New York are not willing to have their the World-in which papers had appeared a

harbor sealed up and their commerce paralyzed, they wrist

unite in this demand for the security of persons and prop forged proclamation of the President for 400,- erty. If this is not done, the world will withdraw froin 000 troops—were seized by the military au

their keeping its treasures and its commerce.

Ilistory has taught all that official violntion of law in thorities and held for several days. This led times of civil war and disorder goes before acts of spoilation to these proceedings :

and other measures which destroy the safeguards of comGov. Seymour's Letter to the District Attorney.

I call upon you to look into the facts connected with tho STATE OF NEW YORK, EXECUTIVE DEPARTMENT, seizure of The Journal of Commerce and of the Nero York

ALBANY, May 23, 1864. World. If these acts were illegal, the offenders must be To A. OAKEY IIALL, Esq.,

punished. In making your inquiries and in proseciting District Attorney of the County of New York :

ihe parties implicated, you will call upon the Sheriff of ihe Sir: I am advised that on the 19th inst., the office of the county and the heads of the Police Department for any Journal of Commerce and that of The New York World needed force or assistance. The failure to give this by any were entered by armed men, the property of the owners oficial under my control will be deemed a sufficient cause seized, and the promisos held by force for several days. It for his removal. is charged that thesa acts of violence were done without Very respectfully yours, &c., due legal process, and without the sanction of State or

HORATIO SEYMOUR. national laws. If this be true the offenders must be punished.

CHARGE OF JUDGE RUSSELL, In the month of July last, when Now York was a scene of the New York Court of General Sessions, of violence, I gavo warning that the laws of the Stato June 13, to the grand jury, composed as follows: must be enforced, its peace and order maintained, and the property of its citizens protected at every hazard.” The Cyrus Mason, Foreman, John E. Anderson, Nathaniel W. laws were enforced at a fearful cost of blood and life. Carter, Martin L. Delafield, Mathew Llettrick, John J. Ilar. The declaration I then made was not intended merely for

C. Newell, James U, Pinckney, Wo Palen, Wim,


er, Day

10. J. Austin Stevens, jr., Amos H. Trowbridge, Sam

THE LAWS TO BE ENFORCED. Dut Beekmin, Seabury Brewster, Jacob P: Toersey Letter from Governur Seymour to District Attorney Hall, of BDLewis, jr., Willard Phelps, Wm. T Sketf, W. M. Tauruun, John P. Worsiell, John Townsend, John D.

New York Veleb, Chris Zabriskie, jr.


ALBANY, June 25. The grand jury having taken the usual oath, A. OAKEY HALL, Esq., Juuge kussell delivered a churge in which he District Attorney of the City and County of New York: thus alluded to the order for the arrest of the

SIR : In the matter of the seizure of the othces of The proprietors, and for the suppres ion of their gard of their oaths, to diligently inquiro into and true

World and Journal of Commerce, the grand jury, in disrejournals:

presentinent make of all such matters and things as should The first part of the order was never fully executed. The be given them in charge,” have refused to make such inlatter part wall, and the forcible possession maintained for quiries, and declare that “it is inexpedient to examine into several days. "The uuthor of the fraud, it is said, has been

the subject referred to in the charge of the court" with reascostred, and the newspapers in question have been spect to such seizures. It becomes my duty, under the exexonerated from all suspicion of guilt or blame. If this be press requirements of the constitution, “ 10 tako care that 50, this is an instance of innocent men being summarily the laws of the State are faithfully executed." If the grand interiero with, or trespassed upon, in the sanctity of their jury, in pursuance of the demands of the law and the oblipersons and property. As sucli, it is a violation of both the gations of their oaths, had inquired into the matter given Pozeral and state Constitutions, and it is your duty to them in charge by the court and the public prosecutor, their eranune into it. This is nut a self-imposed or self-assumed decision, whatever it might have been, would have been duty by this court. The facts were communicated to the entitled to respect. As they have refused to do their duty, Extiative of this state, and he addressed to the district the subject of the seizure of these journals should at once bo attorney of this county ihe communication I now read to brought before some proper magistrate. If you wish avy you.

assistance in the prosecution of these investigations, it will [Ibe Judge then read Governor Seymour's letter.)

be given to you. Àcting up on the duty this Court owes to the laws of this As it is a matter of public interest that violations of the Sute, which is repeated in the official document I have just laws of the State be punished, tho views or wishes of the read to you, I beg to submit the matter to your calmest and parties immediately affected must not be suffered to inDist careful consideration. The Court is convinced that you lluence tho action of public officers. If through fear or wil deal with it in such

a manner as becomes the dutiful other motives they are unwilling to aid you in getting at and loyal citizens of a dutilui and loyal Guate. Anything facts, it will be your duty to compel their attendance as liše political bias should bo discarded. The question is

wituesses in behalf of the people. Emiç thus: Hare the laws of the State, in reference to Respectfully yours, be protection of person and property, been violated, and

HORATIO SEYMOUR. 11 so, wbo are the parties who have been coucerned in it? No matter #bat their slation may be, they must answer

The newspapers give this account of further the wroug, if there be one. If the Presvient of the proceedings: Taited States, or other officer who assumed to issue the or

THE ARREST OF GENERAL DIX. det, Lad do such power or authority, those who overed and tuširced it are clearly responsible.

The arrest of General Dix and several other officers on For the parposes of this occasion, the Court instructs you Friday, July 1, was made upon warrants issued by City tha: such an order as has been referred to would not, under Judge Russell. Several persons appeared before the city th: craunstances stated, be any protection to those con- judge, in answer to subpenas allowed by him, at the in cared in its execution. This will raise the question at i3s10

stance of District Attorney Hall, and hail tesutied to facts bulkeen the State and General Government in a legal way. relating to the seizure of The Worll and Journal of Com. At y allempt to interfere with freedom of speech or liberiy merce newspapers. The letter of Governor Seymour to the of u press has been regarded and watched with the great district attorney, conderving the grand jary for its return est jealousy by the constituents of our Federal and State in the case of those newspapers, aud saying that “the subGoferobet. These invaluable privileges aro protected ject should be brought before some proper magistrate," is in both the Federal and State Constitutions. Neither Con- said to have induced the district attorney to procure the afTess bor our State Legislature can make a law abridging Aidavits to be made before Russell. The district attorney either right. In the year 1998, the famous “Sedition law Orst made an affidavit in the form of a complaint, dated 28th 3 passed by Congress, giving the Government extraor- June, in which be declared that he had been informed and daary power in relerence to publications calculated to

believed that “Hon. A. Lincolo" directed “John A. Dix" Weaken its authority. So uopalatable was this law that it

to do soveral acts against The World and Journal of Com*as toally repealed. Two or the State Legislatures ex- merce, and thu editors of those journals, enterated in the Pressly declared against its consta unality At the time complaint of the district attorney, and clarging that the it is passed, the Government being in a state of compara- said Dix“ feloniously ordered one William Barstow” (Cap. tive intancy, it ought probably to bave been more favor- tain Barstow) to arrest the editors of tho uewspapers named, abiy regarded; but it invoived rights too dear to be treuched and “mischievously ordered one William Hays'' (Acting upon or surrendered. In reference to the alleged author of Assistant Provost Marshal General Hays) to procure this the proclamation, you will receive evidence of the closing up of the newspaper offices; that the arrest of Mr. fact establishing his guilt, and if you are satisfied of it, you Hallock was procurei, and that gentleman kept for tho wu present him for such an offence as, under the advice of space of about three hours ; that “the said Hays instructed the district attorney, (to whom you are entitled to appeal Major Powers, who caused one Fundy" (Captain Fundy) ur advice,) may be proper. At common law, the “ spread and some commissioned officers and privates, whom the 100 false news to make discord between the king and no. | district attorney names, to “go armed and equipped” to buts, or concerning any great man of the realm,” was an take possession of the Journal of Commerce office; and that

hice against the public peace, punishable with fine and the said Hays caused similar acis to be done to The World, In soonerit.

through Lieutenant Gabriel Tuthill and several otber sola It may be that the elements of the common law will be diers. The district attorney then charges that John A. Dix avoked by the district attorney in reference to this offender. and William Barstow are guilty of kidnapping, and tho i reference to the parties engaged in taking and maintain others, with John A. Dix, of inciting to a riot and forcibly og forcible possession of the newspaper establishments, detaining property ; and the district a torney prays that the court instructs you that if there were three or more of action be taken to sustain the dignity of the Stato. them, they would bo liable as for riot, which has been de. Judge Russell then issued subpanas, directed to Messrs. then to be wbere three or more actually do an unlawful William H. Hallock, of the Journal of Commerce; David G. 201 of violence, either with or without a common cause or Croly, of The World; William W. Jacobus, John 8. Betts, quarte!, or even do a lawful act, as removing a nuisance, in auctioneer, Daniel R. Kirwan, and Washington Hills, Jr., a solent or tumultuous manner.”

clerk in The World office, who appeared before the judge

and made their several affidavits, the district attorney es. RESPONSE OF THE GRAND JURY.

amining the witnesses. Rentord, That the grand inquest respectfully represent to

ARREST OF GENERAL DIX BY THE SHERIFF. the bonorable court that, in their judgment, it is inexpe. In accordance with the letter of Governor Seymour, di. deot to examine into the subject referred to in the commu- recting the matter of the suppressed newspapers to be Leation of the Executive of the State and the charge of the brought before a magistrate, Mr. A. Oakey Hall commenced eurt, namely: the action of the General Government as to taking evidence and submitting testimony before Judge certain newspapers in this city.

Russell on Tuesday. After examining the witnesses, Judge CYRUS MASON, Foreman. Russell came to the conclusion that it was a proper case for Joss AUSTIN STEVENS, Jr., Secretary.

him to issue his warrant. Accordingly warrants were placed in the hands of the sheriff, who arrested Major General Dix, merce, newspapers in the city of New York, unde ircumMajor Barstow, Captain Fundy, Major Powers, and other stances which have been placed before the public, was an officers on guard at the oflices of The World and Journal act unwarranted in itself, dangerous to the cause of the of Commerce.

Union, in violation of the Constitution, and subversive of The military gentlemen very courteously submitted to the the principles of civil liberty, and as such is hereby censured arrest, and their counsel, E. Delatield Smith, appeared be by this House. fore Judge Russell. Mr. Smith asked for time to examine into the papers and consult with his associate, ex-Judge

Several members objected. At a later hour Pierrepont, as to the future course to be pursued by them. he moved a suspension of the rules for the purTho matter was then adjourned, the defendants in the mean pose of offering it, but this motion was rejecttime being released on their own verbal recognizances.

ed-yeas 54, nays 79, as follows:

YEAS–Messrs. James C. Allen, Augustus C. Baldwin, Bliss, First Session, Thirty-Eighth Congress.

Brooks, James S. Brown, Chanler, Coffroth, Cox, Dawsom, IN SENATE.

Denison, Eden, Edgerton, Eldridge, Finck, Grider, Harding,

Charles M. Harris, Herrick, Holman, Hutchins, Philip Joke1864, May 26—Mr. Powell offered this res- son, William Johnson, Kalbfleisch, Kornan, King, Knopp, olution, which went over:

Law, Lazear, Mallory, Marcy, McAllister, Mc Dowell, IFillian

H. Miller, Morrison, Nelson, Noble, John O'Neill, Pendiston, Resolved, that the conduct of the executive authority of Pruyn, Radford, Samuel J. Randal, Robinson, James S. Ro! this Government, in recently closing the offices and sup- lins, Ross, Scott, John B. Steele, William G. Stecle, Streuse, pressing the publication of The World and Journal of Com- Voorhees, Wadsworth, Ward, Wheeler, Joseph W. White, merce, newspapers in the city of New York, under circum- Fernando Wood-64. stances which have been placed before the public, was an NAY8—Messrs. Alley, Ames, Arnold, John D. Baldwin, act unwarranted in itself, dangerous to the cause of the Baxter, Beaman, Jacob B. Blair, Blow, Boutwell, Boyd, Union, in violation of the Constitution, and subversive of Broomall, William G. Brown, Arbrose W. Clark, Freeman the principles of civil liberty, and as such is hereby cen- Clarke, Cobb, Cole, Creswell, Henry Winter Davis, Thomas sured by the Senate.

T. Davis, Dawes, Deming, Dixon, Donnelly, Driggs, Eckley,

Eliot, Farnsworth, Gartield, Gooch, Grinnell, Higby, II ooper, IN HOUSE.

Hotchkiss, Asahel W. Hubbard, Ingersoll, Jenckes, Julian,

Kelley, Francis W. Kellogg, Loan, Longyear, Marvin, YoMay 23—Mr. GRINNELL asked consent to offer Bride, McClurg, Samuel F. Miller, Moorhead, Morrill, Amos this resolution, but it was objected to:

Myers, Leonard Myers, Charles O'Neill, Orth, Patterson,

Perham, Pike, Pomeroy, Price, William H. Randall, John Resolved, that the President be requested to communi- H. Rice, Edward H. Rollins, Schenck, Scofield, Shannon, cate to this House whether, by any order of the Govern- Sloan, Smith, Smithers, Spalding, Stevens, Thayer, Thomas, ment, or by any officer thereof, The World and Journal of Upson, Elihu B. Washburne, William B. Washburn, Web Commerce, newspapers in the city of New York, were sus- ster, Whaley, Williams, Wilder, Wilson, Windom, Wood. pended from being published; and if so, that said order be bridge—79. communicated to this House, and the proceedings in the execution of that order.

Same day, Mr. ARNOLD offered this resolution,

which was adopted : May 23—Mr. PRUen asked consent, on behalf of a portion of the New York delegation, to offer structed to inquire and report what, if any, additional legis

Resolved, That the Committee on the Judiciary be inthis resolution:

lation may be necessary to punish the forgery and publicaResolved, That the conduct of the executive authority of tion of official documents, and what legislation is necessary the Government in recently closing the offices and sup- to punish those who through the press or otherwise give ir pressing the publication of The World and Journal of Com-1 formation, aid, or comfort to the rebels.

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First Session, Thirty-Seventh Congress. nersee, King, Lane of Kansas, McDougall, Morrill, Nesmith,

l'omeroy, Sherman, Simmons, Sumner, Ten Eyck, Truu. 1861, August 6 —A buil was approved, of bull, Wade, Wilkinson, Wilmot, Wilson–33. which these are the first and fourth sections: NAY3— Messrs. Breckinridge, Johnson of Missouri, Kenne

That is, during the present or any future insurrection dy, Pearce, Pulk, Powell~6.
again.t the Government of the United States, after the The bill then passed without a division.
Presilent of the United States shall have declared, by
proclamation, that the laws of the United States are op-

IN HOUSE. sh, and the execution thereof obstructed, by combina

August 2–The House Committee on the Juti- to powerful to be suppressed by the ordinary couree of judicial proceedings, or by the power vested in the mar- dicia y reported a substitute for the bill, which Edale by law, any person or persons, his, her, or their

agent, provides that whenever hereafter, during the attómar, or employee, shall purchase or acquire, sell or rive, any property of whatsoever kind or description, with existence of the present insurrection against the intege to one or employ the same, or suffer the same to be Government of the United States, any person Belor employed, in aiding, abetting, or promoting such held to labor or service under the laws of any insurrection or resistance to tne laws, or any persons enBe therein; or if any person or persons," being the State shall be required or permitted, by the OEDER or owners of any such property, shall knowingly use person to whom such labor or service is due, or or employ, or consent to the use or employment of the his lezal agent, to take up arms against the Bude as aforesaid, all such property is hereby declared to United States, or to work, or be employed in or be lawful subject of prize and capture wherever found; and it shall be the duty of the President of the United about any fort, pavy-yard, armory, dock-yard, Elates to cause the same to be seized, contiscated, and con- ship, or in any military or naval service, against detoped.

SE4'. t. That whenever hereafter, during the present in the Government of the United States, or as the Strieztion against the Government of the United States, servant of any person engaged in active hosany person claimed to be held to labor or service under tho lilities against the United States, then the perlas of any State shall be required or permitted by the person to whom such labor or service is claimed to be due, or

son to whom such labor is due shall forfeit all by the lawful agent of such person, to take up arms against claim to such service or labor, any law of any the l'nited States; or shall be required or permitted by the State, or of the United States, to the contrary person to whom such labor or service is claimed to be done notwithstanding; and, in case of a claim for or his lawful agent, to work or to be employed in or upon any fort, navy-yard, dock, armory, ship, entrenchment, or such labor, such facts shall be a full and suffi. in any military or naval service whatsoever, against tho cient answer Goterment and lawful authority of the United States, then, and in every such case, the person to whom such la

Which was rejected without a division; bor er rerries is claimed to be due shall forfeit his claim to when, afrer debate, the bill was recommitted ench Labor, any law of the State or of the United States to

to the committee. the catrery notwithstanding. And whenever thereafter the person claiming such labor or service shall seek to en

August 3—The committee reported the SenLoree his claim, it shall be a full and sufficient answer to such ate bill with a substitute for section four, claim that the person whose service or lalor is claimed had adopted above in the Senate, being the fourth teen ernployed in hostile service against the Government of the Cnited States, contrary to the provisions of this act.

section of the act as approved. This bill, as reported from the Judiciary Com

A motion to table the bill was lost-yeas 47, mittee of the Senate, did not contain the fourth pays 66; and the amendment was agreed to, section, and while it was pending in the Senate and the bill passed-yeas 61, nays 48, as fol31r. TRUMBULL moved to add this as a new sec

lows: tion July 22:

Yeas-Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt,

Baxter, Beaman, Bingham, Francis P. Blair, Samuel S. Taat whenever any person claiming to be entitled to the Blair, Blake, Buslinton, Chamberlain, Clark, Colfax, FredService or labor of any other person under the laws of any erick' A. Conkling, Covode, Duell, Edwards, Eliot, Fenton, state, sball employ such person in aiding or promoting any Fessenden, Franchot, Frank, Granger, Gurley, Hanchett, in-artection, or in resisting the laws of the United States, Harrison, Ilutchins, Julian, Kelley, Francis W. Kellogg, or eball germit him to be so employed, he shall forfeit all William Kellogs, Lansing, Loomis, Lovejoy, McKean, right to such service or labor, and the person whose labor Mitchell, Justin S. Morrill, Olin. Potter, Alexander II. Rice, er service is thus claimed shall be thenceforth discharged Edward II. Rollins, Srilgwick, Sheffield, Sheliaberger, Shertherefrom, any law to the contrary potwithstanding.

man, Sloan, Spaulding, W. G. Steele, Stevens, Benjamin F. Which was agreed to-yeas 33, nays 6, as

Thomas, Train, Van Horn, Verree, Wallace, Charles W. Walfollows:

ton, E. P. Walton, Wheeler, Albert S. White, Windom-61.

NAY8-Messrs. Allen, Ancona, Joseph Baily, George H. YES-Messrs. Anthony, Bingham, Browning, Chandler, Browne, Burnett, Calvert, Cox, Cravens, Cristield, CrittenClark, Collamer, Cowan, Dixon, Doolittle, Fessenden, Fort, den, Diven, Dunlap, Dunn, English, Fouke, Grider, Haight, Puser, Grimes, Lale, llarlad, Harris, Howe, Johnsom uf Ten. Hale, Harding, Holman, Horton, Jackson, Johnson, Law,

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