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charged, would establish my action as within the legal con- The comraittee review the case, and consrution of the pastal acts authorizing the transportation clude as follows: of printed matter in the United States mails. It would sette the right of this department and its various officers to Your committee are not unmindful of the fact that too resist all effiirts to make them particeps criminis of treason great caution cannot be exercised in arriving at a conclusion and rebellion, by compelling them to circulate and distrib- 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 papers, publications, or messages are tridz civil war to their firesides, with its horrible train of treasonable in their character, or for other reasons unlawtarbarities in the destruction of life and property.
ful, and should, therefore, be excluded from tho mails. Upon the like considerations I have, at different times,
In the case now before the committee the grand jury of excluded from the mails obscene and scandalous printed one of the federal courts in the State of New York concur. matter on exhibition of its criminal immorality. If an un-red in opinion with the head of the Post Office Department palni printed publication were offered to the mails, insti- in the construction of the character of the publications, pting morder, arson, destruction of railroads, or other and the purposes of the publishers, it being, too, in a time Tiats, and tud vocating an organization for such purposes, I when extreme vigilance was demanded in the executive eball, upin the same principles, without hesitation, ex. department of the Government to preserve the integrity of dude it from the mails as unlawful matter, in the absence the Union. And the object being to secure that noble and of a contravening act of Congress. I də not wish to be understood, however, as indorsing, but patriotic object, your committee believe the act of the Post
inaster General was not only within the scope of his powers, rather as distinctly dissenting from, some of the arguments but induced solely by considerations of the public good. aoi conclusions, and from the extent to which preceding Administrations have gone, as in licated by some of tho Mr. Geo. H. PENDLETON, of Ohio, (of the Jufremo.bg citations. The precedents and arguments go far bu saind any a- tion which I have taken, or would be willing 1863, in the House, quoted these two additional
diciary Committee,) in his speech, March 3, to take, under the like circumstances.
Ist. I reject that portion of the precedents which allows paragraphs from Amos KENDALL's opinion of theatreight thousand postmasters of the country to judge,
1835 : each for himself
, what newspapers are lawful and what unwwul; what may go in the mails and what shall be ex- “ After mature consideration of the subject, and seeking ended. I have refused to allow postmasters to sit in final the best advice within my reach, I am contirnied in the judgment upon all the interests involved, subject as they opinion that the Postmaster General has no legal authority, afe to conflicting local prejudices. The Postmaster General, by any order or regulation of the Department, to excludo en is more directly responsible to Congress, and moro ac- from the mails any species of magazines, newspapers, or cessible to their inquiries, should alone exercise such pamphlets. Such a power vested in the head of this DeAl'hority, in whaterer degree it exists, and should not partment would be fearfully dangerous, and has therefore daoire it on subordinates. Whatever control can be law- been withheld. Any order or letter of mine directing or fully exercisel over the mails by a postmaster may always officially sanctioning the step you have taken would, therebe exercised or ordered by the chief, under whose direction fore, be utterly powerless and void, and would not in the the law espreasly subordinates the postmaster. This is a slightest degree relieve you from its responsibility. % believident proposition. It has, however, been sustained "The Postmaster General has no legal power to preby the official opinion of the Attoruey General of the scribe any rules for the government of postmusters in such United States, dat March 2, 1857.
cases; nor has he ever attempted to do 60. They act in 31. I dissent îrom the extent to which the doctrine has each case on their own responsibility; and if they imbeen carriei by late administrations, that in time of peaco, properly detain or use papers sent to their offices for transand in the abs ace of all liostilo or criminal organizations, mission or delivery it is at their peril, iind on their heads oprating against Constitution or law, either a Postmaster | falls the punishment. If in tinio of war a postmaster should Gezral, or any postmaster, can at will exclude from the detect tho letter of an enemy or a spy passing through the als newspapers and other printed matter which contain mail, which, if it reached its destination, would expose his dio tistions obnoxious to some special interest, but not country to invasion and her armies to destruction, ought he etcet against Government, law, or the public safety. It is not to arrest it? Yet where is his legal power to do 80 ?” tw: dmgerous a discretion to be exertised or desired by any
He added: EIA ative officer attached to the constitutional freedom of the pirans Such has been, in some cases, the action of this In 1836, Mr. Calhoun, as chairman of a special committeo Gefiniment in late years, and I take this occasion to break of the Senate, reported a bill making it a penal offence for to get uniforinity of its decisions in this respect. any postmaster to receive into the mails for transmission Lrea in time of war, the power so long conceded should be to any person within a State, or to deliver out of the mails Lal with great care and delicacy. I say in time of war, to any such person, any publication the circulation of beratse the exqutise department has powers then which which was forbidden by that State. Subsequently the first dimi attach to it in time of peace. The Constitution pro- clause of the bill was stricken out, and the latter, relating in that no person shall be deprived of life, liberty, or to the delivery of such matter, was rotained. It gave rise Mutty without due process of law; nor shall private to much discussion, and elicited an extremely able debate Party be taken for public 1x0 without just compensa- from the most eminent members of that then very ablo ta." Yet, in time of war, the life, liberty, and property of body. Mr. Calhoun, the zealous advocate of the bill, conpras in the United States, being also insurrectionary tended that a bill of this nature was the only one which ties of the United States, are necessarily taken without Congress hail the power to pass; that Congress could not aby preness except that of powder and the bayonet. And discriminato in reference to character what publications Dan denies the right as an incident of war. Yet, in whall or shall not be transmitted through the mail, without peace, it could not be done. These acts are as thoroughly abridging the liberty of the press, and subjecting it to the Costitutional in war as they are unconstitutional in peace. control of congressional legislation; but that no such reIn barmony with this principle. I would give fir greater striction applied to the States; they might forhid such bar tods to alleged wrongful and obnoxious printed matter publications as they thought dangerous, and that Congress inaperiod of peace than would bo justifiable in a time of war. Înad the power, and ought to exercise it, of co-operating Thuis reply to the inquiry transmitted to me by the com- with the States in repressing the circulation of publications mittee embraces the following conclusions :
thus prohibited. Firut. That the exercise of the authority inquired of rests The circulation of anti-slavery documents, tending to ex. wa the Constitution of the United tes, and the defini- cite servile insurrection, bad become a great evil. bi two of mailable matter given in the postal law, as construed awakened fears of trouble among the slaves, and had thereet aiministrations of this department, enforced by the fore exafperated the people. Most of the slaveholding States
lal opanion of a late Attorney General of the United had passed laws forbidding their circulation under severe Etter, ani known to and recognized by former Congresses penalties. They were still carried throush the nuil., and of the United States.
it began to be questioned whether thio postmasters were not Second. That a power anda duty to prevent hostilo printed relieved from the penalties of the State law because they matter from reaching the enemy, and to prevent such mat- were acting under the sanction of Federal law. Great antu frva instigating others to co-operate with the enemy, by xiety existed to relieve the apprehensions of the southern the aid of the United States mails, exist in time of war, and people. The President, General Jackson, recommended the in the presence of treasonable and armed enemies of the subject most earnestly to Congreus. He did not pretend that Cated étates, 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 Taard. That the present Postmaster General has restricted a determination to go as far ils they could to apply n remedy. the exercise of the power during this war far within the But the bill was most strenuously opposed. It was said to kupe claimed and allowed by former Administrations in curtail the freedom of the press. periods of national peace.
The bill was lost by a majority of seven; Messrs. Benton, I have the bonor to be very respectfully, your obedient Clay, Crittenden, Southari, Wall, Leigh, Golisborough, vant,
M. BLAIR, Postmaster General. among others from the slaveholding States; and Messrs.
VIRGINIA AND THE TRIBUNE.
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 timo and against reference to this discussion and this action that the Post- all condition of citizens, without favor or distinction. Cnmaster General in his letter to the committeo says "that less all are made to bow to the law, it will be respected by Congress by its inaction seemed to concur in the right and none. the policy of excluding such alleged treasonable and insur- Unless all are made secure in their rights of pers 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 journal: have violated State or national laws, the power; and certainly no other department of the Gov- they must be proceeded against and punishelby those laws ernment has.
Any action against them outside of legal procedures is Generals commanding departments frequent- jesty of the law must be uphell or society will sink into
criminal. At this time of civil war and disorder, the ma 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 aro trampled upon at home. Wo must not give up home
freedom, and thus disgrace the American character while Baltimore Evening Transcript. Major General our citizens in the army are pouring out their blood to Rosecrans, May 26, 1864. prohibited the circu- maintain the national honor. They must not find when lation of the Nietropolitan Record in the depart- been despoiled.
they come back that their personal and tireside rights have ment of Missouri. The circulation of the Cin- In addition to the general obligation to enforca the lans cinnati Enquirer has recently been prohibited, of the land, there aro local reason why they must be up
held in the city of New York. If they ar: not, its commerce by the General commanding, in Kentucky. and greatness will be broken down. If this great center of A REMINISCENCE.
wealth, business, and enterprise is thrown into disonter and bankruptcy, the National Government will be paralyzed What makes New York the heart of our country? Why
Not Post Office, LYNCHBURG, VIRGINIA, are its pulsations telt at tho extremities of our land? December 2, 1859.
through its position alone, but because of the world-wido MR. HORACE GREELEY :
belief that property is safe within its limits from wasie by Bir: I hereby inform you that I shall not, in future, de- mobs and from spoliation by Government. liver 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 overy 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 thur 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 usages. Reply.
This great confidence has grown up in ihe 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. POST MASTER OF LYNCHBURG, VIRGINIA :
been ailed 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 pcople to the sort. The subscribers to the Tribune in Lynchburg be secure in their persons, houses, papers, and efects have paid for their papers; we have taken their money, and against unreasonablo searches and seizures shall not be vidshall fairly and fully earn it, according to contract. If they lated, and that no one shall be deprived of liberty or propdirect 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 oighty years have 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 affair--at all events, not ours; jurisprudence. It is this which carries our evnimerce 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 worso 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 constitutional the outrage must be borne until moro honest and less ser- pledges, that this act was done in a public mart of your vile rulers can be put into high places at Washington, or great city, and was thus forced upon the notice of the comtill 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 ahead in your own base way. I shall arbitrary orders. stand steadfast for human liberty and the protection of all These things are mor hurtful to the national honor and natural rights.
strength than the loss of battles. The worll wili couf und Yours, stiffly,
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 State 1864, May 19–By order of the Secretary of and local authorities must repel this ruinous in ference. !! War, the offices of the Journal of Commerce and tho merchants of New York aro not willing to have their the World-in which papers had appeared a
burbor sealed up and their commerce paralyzed, they invist
unite in this demand for the security of persons and prope forged proclamation of the President for 400,- erty. If this is not done, the world will withdraw irvin 000 troops-were seized by the military au
their keeping its treasures and its commerce.
Ilistory has taught all that official violation of law in thorities and held for several days. This led times of civil war and disorder goes before auts 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 tbo STATE OF NEW YORK, EXECUTIVE DEPARTMENT, seizure of The Journal of Commerce and of The New 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 prosecuting District Attorney of the County of New York:
the parties implicated, you will call upon the Sheriff of the 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 oflcial under my control will be deemed a sufficient cause seized, and the premisia held by force for several days. It for his removal. is charged that these 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 New York was a scene of the New York Court of General Sessions, of violence, I gave 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 Ilettrick, John J. llar.
The declaration I then inade was not intended merely for er, David C. Newell, James U. Pinckney, Wm. Palen, Wim,
10. J. Austin Stevens, jr., Amos H. Trowbridge, Sam
THE LAWS TO BE ENFORCED.
ALBANY, June 25. The grand jury having taken the usual oath, A. OAKEY Hall, Esq., Judge 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 offices 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 disre. journals:
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 Wait, and the forcible possession maintained for quiries, and declare that" it is inexpedient to examine into several days. The author of the fraud, it is said, has been
The subject referred to in the charge of the court" with rediscovered, and the powspors 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 s, this is an inftance of innocent men being summarily the laws of the State are faithfully executed.” Is the grand ictentereil 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 beitral and state Constitutions, and it is your duty to them in charge by the court anu the public prosecutor, their exalune into it. This is nut a self-imposed or self-assumed decision, whatever it might have been, would have' beca duty by this court. Tho fucts wero communicated to the entitled to respect. As they have refused to do their duty, Extiative of this state, apd he addressed to the district the subject of the seizure of these journals should at once bo attorney of this county ile communication I now read to brought before some proper magistrate. If you wish any you.
assistance in the prosecution of these investigations, it will The Judge then read Governor Seymour's letter.) be given to you. Acting upon the duty this Court owes to the laws of this As it is a matter of public interest that violations of the State, which is repeated in the olicial document I have just laws of tho State be punished, the views or wishes of the read 10 you, I beg to submit the matter to your calmest and parties immediately affected must not be suffered to inmeat careful consideration. The Court is convinced that you fluence the action of public officers. If through fear or sil deal with it in such a manner as becomes the dutlul other motives they are unwilling to aid you in getting at and loyal citizens of a dutilui and loyal State. Anything facts, it will be your duty to compel their attendance as like political bias should bo discarded. The question is wituesses in behalf of the people. ely thus: Have the laws of the Sulle, in reference to Respeculully yours, the protection of person and property, been violated, and
HORATIO SEYMOUR. 1 so, wbs are the parties who bave been coucerned in it? No matter wbat their station may be, they must answer
The newspapers give this account of further the wroug, if there be one. If the Presivient of the proceedings: Caited States, or other officer who assumed to issue the or
THE ARREST OF GENERAL DIX, ÚT, Lad no such power or authority, those who obeyed and egined it are clearly responsible.
The arrest of General Dix and several other oflicers on For the parposes of this occasion, the Court instructs you Friday, July 1, was made upon warrants issued by City that such an order as has been referred to would not, under Judge Russell. Several persons appeared before the city thenonslanccs stated, be any protection to those con- judge, in answer to subpenas allowed by him, at the in. Carcedinis execution. This will raise the question at issuo stance of District Attorney Hall, and hail testitied to facts butween the State and General Gorcrument in a legal way. relating to the seizure of The Worlland Journal of Com. Aty attempt to interfere with freedom of speech or liberiy merce newspapers. The letter of Governor Seymour to the of be press has been regarded and watched with the great
district attorney, conderving the grapd jury for its return est jealousy by the constituents of our Federal and State in the case of those newspapers, and saying that "the subGuferowols. These invaluable privileges aro protected ject should be brought before some proper magistrate," is in bath ihe Federal and State Constitutions. Neither Con- said to have induced the district attorney to procure the afgress bor our State Legislature can make a law abridging fidavits to be made before Russell. The di-trict attorney either right. In the year 1798, tbe famous “Sedition law's Orst made an affidavit in the form of a complaint, dated 28th was passed by Congress, giving the Government extraor- June, in which be declared that he had been informed and daary power in reference to publications calculated to
believed that “Hon. A. Lincoln" directed “John A. Dix'' Waken its authority. So uopalatable was this law that it to do soveral acts against The World and Journal of Comwas dalis repealed. Two of the State Legislatures ex
merce, and the editors of those journals, enerated in the pessly dechired against its constitutionality. At the time complaint of the district attorney, and charging that the it was passed, ibe Government being in a state of compara
said Dix “ feloniously ordered one William Barstow” (Captive infancy, it ought probably to have been more favor- tain Barstow) to arrest the editors of the newspapers named, abiy regarded; but it involved rights too dear to be trenched and “mischievously ordered one William Hays” (Acung on or surrendered. In reference to the alleged author of Assistant Provost Marshal General Hays) to procure this
be suorices 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 procured, and that gentleman kept for tho il present him for such an offence as, under the advice of space of about three hours ; that "the said Hays instructed de district attorney, (to whom you are entitled to appeal Major Powers, who caused one Fundy" (Captain Fundy) bx 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 buls, or concerning any great man of the realm," was an take possession of the Journal of Commerce office ; and that
Inice agilist the public peace, punishable with fine and the said Hays caused similar acis to be done to The Worla, III Soumet.
through Lieutenant Gabriel Tuthill and several other solo It may be that the elements of the common law will be diers. The district attorney then charges that John A. Dix buked by the district attorney in reference to this offender. and William Barstow are guilty of kidnapping, and the 1. Teference to the parties engaged in taking and maintain others, with John A. Dix, of inciting to a riot nd forcibly love 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 subpoenas, directed to Messrs. Blad to be " where three or more actually do an unlawiul William H. Hallock, of the Journal of Commerce; David G. 301 of violence, either with or without a common cause or Croly, of The World; William W. Jacobus, John 8. Betis, quarrel, or even do a lawful act, as removing a nuisance, in auctioneer, Daniel R. Kirwan, and Washington Hills, Jr., a Folent 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. Rezolved, That the grand inquest respectfully represent to
ARREST OP GENERAL DIX BY THE SHERIFF. the honorable court that, in their judgment, it is inexpe. In accordance with the letter of Governor Seymour, dident to examine into the subject referred to in the commu- recting the matter of the suppressed newspapers to be Dikation of the Executive of the State and the charge of the brought before a magistrate, Mr. A. Oakey Hall commenced court, namely: the action of the General Government as to taking evidence and submitting testimony before Judge certain Dewe papers 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 JOES AUSTIN STEVENS, Jr., Secretary.
bim 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, under ircumMajor Barstow, Captain Fundy, Major Powers, and other stances which have been placed before the public, was an officers on guard at the offices of The World and Journal act unwarranted in itself, dangerous to the caus 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 Sinith, appeared be by this House. fore Judge Russell. Mr. Smith asked for time to examine into the papers and consult with his associate, ex-Judgo
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 thr purThe 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, Blies, First Session, Thirty-Eighth Congress. Brooks, James S. Brown, Chanler, Coffroth, Cor, Douson, IN SENATE.
Denison, Eden, Edgerton, Eldridge, Finck, Grider, Harding,
Charles M. Harris, Herrick, Holinan, Hutchins, Philip Jolm1864, May 26—Mr. Powell offered this res- son, William Johnson, Kalbfleisch, Kornan, King, Knopp, olution, which went over :
Law, Iazear, Mallory, Marcy, McAllister, Me Dowell, IFillian
H. Miller, Morrison, Nelson, Noble, John O'Neill, Pendleton, Resolved, That the conduct of the executive authority of Pruyn, Radford, Samuel J. Randall, Robinson, James S. Rolthis Government, in recently closing the offices and sup-lins, Ross, Scott, John B. Steele, William G. Stecle, Streus, pressing the publication of The World and Journal of Com- Voorhees, Wadsworth, Ward, Whecler, Joseph W. While, 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, Arcbrose 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, Looper, IN HOUSE.
Hotchkiss, Asahel W. Hubbard, Ingersoll, Jenckes, Julian,
Kelley, Francis W. Kellogg, Loan, Longyear, Marvin, Mc May 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, Webm Commerce, newspapers in the city of New York, were sus- ster, Whaley, Williams, Wilder, Wilson, Windom, Woodpended 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. Proin asked consent, on behalf of a portion of the New York delegation, to offer
Resolved, that the Committee on the Judiciary be in
structed to inquire and report what, if any, additional legis this 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-formation, aid, or comfort to the rebels.
CONFISCATION AND EMANCIPATION.
First Session, Thirty-Seventh Congress. nersee, King, Lane of Kansas, McDougall, Morrill, Nesmith,
l'omeroy, Sherman, Siminone, Sumner, Ten Eyck, Trum. 1861, August 6 —A bül was approved, of bull, Wade, Wilkinson, Wilmot, Wilson–33. which these are the first and fourth sections: NAY3—— Messrs. Breckinridge, Johnson of Missouri, KenneThat is, during the present or any future insurrection dy, Pearce, Pulk, Powell-6. against the Government of the United States, after the The bill then passed without a division. Prusilent of the United States shall have declared, by pruclan, tion, that the laws of the United States are op
IN HOUSE. pwed, and the execution thereof obstructed, by combina
August 2–The House Committee on the Jutin ton powerful to be suppressed by the ordinary course of judicial proxeedings, or by the power vested in the mar- dicia y reported a substitute for the bill, which Ebals by law, any person or persons, his, her, or their agent, provides that whenever hereafter, during the ere, any property of whatsoever kind or description, with existence of the present insurrection against the intene ti o or employ the same, or suffer the same to be Government of the United States, any person
el or employed, in aiding, abetting, or promoting such held to labor or service under the laws of any insurrection or resistance to tne lawy, or any persons en
i therein; or if any person or persons, being the State shall be required or permitted, by the Onder or owners of any such property, shall knowingly use person to whom such labor or service is due, or of caplov, or consent to the use or employment of the his legal agent, to take up arms against the bure as aforesaid, all such property is hereby declared to United States, or to work, or be employed in or anil it shall be the duty of the President of the United about any fort, pavy-yard, armory, dock-yard, States to cause the same to be seized, confiscated, and con- ship, or in any military or naval service, against demned.
Sz', t. That whenever hereafter, during the present in the Government of the United States, or as the surrection 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 the tilities against the United States, then the perlae 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 bf the lawful agent of snch 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 porn to whom such labor or service en clavede dintoob upon notwithstanding; and, in case of a claim for 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. Govertiment 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 or service is claimed to be duo shall forfeit his claim to when, after debate, the bill was recommitted och lilor, any law of the State or of the United States to to the committee. the opatrary notwithstanding. And whenever thereafter the percon claiming such labor or service shall seek to en
August 3- The committee reported the Senfarce 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 labor is claimed had adopted above in the Senate, being the fourth fern employed 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, quittee of the Senate, did not contain the fourth days 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 folMr. 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, Bullinton, Chamberlain, Clark, Colfax, FredSortice 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, insurrection, or in resisting the laws of the United States, llarrison, 'Ilutchins, Julian, Kelley, Francis W. Kellogg, or shall permit him to be so employed, he shall forfeit all William Kellogg, Lansing, Loomis, Lovejoy, McKean, right to kuch service or labor, and the person whose labor Mitchell, Justin S. Morrill, Olin, Potter, Alexander H. Rice, or service is thus claimed shall be thenceforth discharged Edward II. Rolline, Sedgwick, Sheffield, Shellaberger, Shertherefrom, any law to the contrary polwithstanding. 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 Yesss. Anthony, Bingham, Browning, Chandler. 'Browne, Burnett, Calvert, Cox, Cravens, Criştield, CrittenClark, Collamer, Cowan, Dixon, Doolittle, Fessenden, Fort, den, Diven, Dunlap, Duun, English, Fouke, Grider, Haight, Fuster, Grimes, Lale, Ilarlao, Harris, Howe, Johnsım vf Ten- Hale, Harding, Holman, Ilorton, Jackson, Johnson, Law,