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Therefore, I, ABRAHAM LINCOLN, President of the United States, proclaim and declare, that the Government of the United States had no knowledge, information, or belief, of an intention on the part of General Hunter to issue such a proclamation; nor has it yet any authentic information that the document is genuine. And further, that neither General Hunter, nor any other commander, or person, has been authorized by the Government of the United States to make proclamations declaring the slaves of any State free; and that the supposed proclamation, now in question, whether genuine or false, is altogether void, so far as respects such declaration.

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E. P. HALSTED, Capt., A. A. G.

AN ORDER OF GENERAL T. WILLIAMS.
HEADQUARTERS SECOND BRIGADE,
BATON ROUGE, June 5, 1862.

I further make known that whether it be competent for me, as Commander-in-Chief of the Army and Navy, to declare the slaves of any State or States free, and whether, at any time, in any case, it shall have become a necessity [General Orders No. 46.] indispensable to the maintenance of the Gov- tendencies to the troops of harboring runaway negroes, it In consequence of the demoralizing and disorganizing ernment, to exercise such supposed power, are is hereby ordered that the respective commanders of the questions which, under my responsibility, I re- camps and garrisons of the several regiments, second brigserve to myself, and which I cannot feel justi-ade, turn all such fugitives in their camps or garrisons out fied in leaving to the decision of commanders beyond the limits of their respective guards and sentinels. By order of Brigadier General T. Williams: in the field. These are totally different questions from those of police regulations in armies and camps.

On the sixth day of March last, by a special message, I recommended to Congress the adoption of a joint resolution to be substantially as follows:

Resolved, That the United States ought to co-operate with any State which may adopt a gradual abolishment of slavery, giving to such State pecuniary aid, to be used by such State, in its discretion, to compensate for the inconveniences, public and private, produced by such change of system.

WICKIIAM HOFFMAN, Assistant Adjutant General. Colonel H. E. Paine, Fourth Wisconsin, declined to have his regiment employed "in violation of law for the purpose of returning fugitives to rebels," and reported that he could not obey the order. He was then placed under arrest, his command devolving on the next ranking officer.

Lieutenant Colonel D. R. Anthony, Seventh Kansas, issued this order:

HEADQUARTERS MITCHELL'S BRIGADE, ADVANCE COLUMN, FIRST BRIGADE, FIRST DIVISION, GENERAL ARMY OF THE MISSISSIPPI, CAMP ETHERIDGE, TENNESSEE, June 18, 1862.

[General Orders No. 26.]

has become a nuisance, and will no longer be tolerated. Officers will see that this class of men, who visit our camp for this purpose, are excluded from our lines.

2. Should any such person be found within our lines, they will be arrested and sent to headquarters.

The resolution, in the language above quoted, was adopted by large majorities in both branches of Congress, and now stands an authentic, definite, and solemn proposal of the nation to the States and people most immedi-armed rebels, traitors, secessionists, and southern-rights 1. The impudence and impertinence of the open and ately interested in the subject matter. To the men of this section of the State of Tennessee, in arrogantly people of those States I now earnestly appeal-demanding the right to search our camp for fugitive slaves, I do not argue-I beseech you to make the argument for yourselves-you cannot, if you would, be blind to the signs of the times-I beg of you a calm and enlarged consideration of them, ranging, if it may be, far above personal and partisan politics. This proposal makes common cause for a common object, casting no reproaches upon any. It acts not the Pharisee. The changes it contemplates would come gently as the dews of Heaven, not rending or wrecking anything. Will you not embrace it? So much good has not been done, by one effort, in all past time, as, in the Providence of God, it is now your high privilege to do. May the vast future not have to lament that you have neglected it.

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the City of Washington this nineteenth day of May, in the year of our Lord one thousand eight hundred and sixty-two, and of the Independence of the United States the eighty-sixth.

By the President:

ABRAHAM LINCOLN.

WILLIAM H. SEWARD, Secretary of State.

3. Any officer or soldier of this command who shall arrest and deliver to his master a fugitive slave shall be summarily and severely punished, according to the laws relative

to such crimes.

4. The strong Union sentiment in this section is most gratifying, and all officers and soldiers, in their intercourse with the loyal and those favorably disposed, are requested to act in their usual kind and courteous manner and protect them to the fullest extent.

By order of D. R. Anthony, Lieutenant Colonel Seventh
Kansas volunteers, commanding:
W. W. H. LAWRENCE,
Captain and Assistant Adjutant General.
And was put under arrest.

SECRETARY OF WAR TO GENERAL SAXTON.
WAR DEPARTMENT,

WASHINGTON CITY, D. C., June 16, 1862.

of the South, to act under orders of the Secretary of War. SIR: You are hereby assigned to duty in the department You are directed to take possession of all the plantations heretofore occupied by the rebels, and take charge of the which the fortunes of war may hereafter bring into it, with inhabitants remaining thereon within the department, or authority to take such measures, make such rules and regulations for the cultivation of the land, and for the protec tion, employment, and government of the inhabitants as circumstances may seem to require.

You are authorized to exercise all sanitary and police

powers that may be necessary for the health and security of the persons under your charge, and may imprison or exclude all disorderly, disobedient, or dangerous persons from the limits of your operations.

scent. Such persons will be regarded by this army, as they heretofore have been, as occupying simply a peculiar legal status under State laws, which condition the military st thorities of the United States are not required to regard at all in districts where military operations are made necessary by the rebellious action of the State governments, Persons subject to suspicion of hostile purposes, residing or being near our forces, will be, as heretofore, subject to arrest and detention, until the cause or necessity is reAll such arrested parties will be sent, as usual, to the Provost Marshal Genoral, with a statement of the facts in each case.

The major general commanding the department of the South will be instructed to give you all the military aid and protection necessary to enable you to carry out the views of the Government. You will have the power to act upon the decisions of courts-martial which are called for the trial of persons not in the military service to the same ex-moved. tent that a commander of a department has over courtsmartial called for the trial of soldiers in his department; and, so far as the persons above described are concerned, you will also have a general control over the action of the provost marshals.

It is expressly understood that, so far as the persons and purposes herein specified are concerned, your action will be independent of that of the other military authorities of the department, and in all other cases subordinate only to the major general commanding.

The general commanding takes this occasion to remind the officers and soldiers of this army that we are engaged in supporting the Constitution and the laws of the United States and suppressing rebellion against their authority; that we are not engaged in a war of rapine, revenge, or subjugation; that this is not a contest against populations, but against armed forces and political organizations; that it is a strugglo carried on with the United States, and should be conducted by us upon the highest principles known to Christian civilization.

In cases of need or destitution of the inhabitants, you are directed to issue such portions of the army rations and such articles of clothing as may be suitable to the habits Since this army commenced active operations, persons of and wants of the persons supplied, which articles will be African descent, including those held to service or labor furnished by the quartermaster and commissary of the de- under State laws, have always been received, protected, and partment of the South upon requisitions approved by your employed as laborers at wages. Hereafter it shall be the self. It is expected that by encouraging industry, skill in duty of the Provost Marshal General to cause lists to be the cultivation of the necessaries of life, and general self-made of all persons of African descent employed in this improvement, you will, as far as possible, promote the real well being of all people under your supervision. Medical and ordnance supplies will be furnished by the proper officers, which you will distribute and use according

to your instructions.

You will account regularly with the proper bureaus of this department and report frequently-once a week, at Yours, truly,

least.

EDWIN M. STANTON,
Secretary of War.

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WAR DEPARTMENT,
WASHINGTON, July 22, 1862.

army as laborers for military purposes-such lists being made sufficiently accurate and in detail to show from whom such persons shall have come.

stood that after being received into the military service of the United States, in any capacity, they could never be reclaimed by their former holders. Except upon such understanding on their part the order of the President, as to this class of persons, would be inoperative. The general commanding therefore feels authorized to declare to all such employees, that they will receive permanent military pro tection against any compulsory return to a condition of servitude.

Persons so subject and so employed have always under

By command of Major General McClellan :
S. WILLIAMS,
Assistant Adjutant General

PHELPS.

First. Ordered that military commanders within the MAJOR GENERAL BUTLER AND BRIGADIER GENERAL States of Virginia, North Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Texas, and Arkansas, in an orderly manner seize and use any property, real or personal, which may be necessary or convenient for their several

commands, for supplies, or for other military purposes; and that while property may be destroyed for proper military objects, none shall be destroyed in wantonness or malice.

August 2, 1862-Major General Benjamin F. Butler, commanding Department of the Gulf, declined to approve of the conduct of Brigadier General J. W. Phelps, in organizing five comSecond. That military and naval commanders shall employ as laborers, within and from said States, so many per-panies of negroes, whom he proposed to arm gons of African descent as can be advantageously used for military or naval purposes, giving them reasonable wages

for their labor.

Third. That, as to both property, and persons of African

descent, acccounts shall be kept sufficiently accurate and in detail to show quantities and amounts, and from whom both property and such persons shall have come, as a basis upon which compensation can be made in proper cases; and the several departments of this Government shall attend to and perform their appropriate parts towards the execution of these orders.

By order of the President:

EDWIN M. STANTON,
Secretary of War.

GEN. M'CLELLAN'S PROMULGATION OF IT. August 9, 1862-Major General McClellan, from his headquarters at Harrison's Landing, promulgated this order, with directions for its observance. We quote several pertinent paragraphs:

Inhabitants, especially women and children, remaining peaceably at their homes, must not be molested; and wherever commanding officers find families peculiarly exposed in their persons or property to marauding from this army, they will, as heretofore, so far as they can do with safety and without detriment to the service, post guards for their protection.

In protecting private property, no reference is intended to persons held to service or labor by reason of African de

The issue of this Order is one of the reasons given by JEFFERSON DAVIS for his Order of August 1, 1862, direct

and equip, upon the ground that the President alone had the authority to employ Africans in arms, and that he had not indicated this purpose. General Phelps resigned his commission in consequence.

REPLY OF THE WAR DEPARTMENT ON THE CASE, WAR DEPARTMENT, WASHINGTON CITY, July 3, 1862. GENERAL: I wrote you last under date of the 29th ultimo, and have now to say that your dispatch of the 18th ultimo, with the accompanying report of General Phelps, concern ing certain fugitive negroes that have come to his pickets, has been considered by the President.

He is of opinion that under the law of Congress they cannot be sent back to their master; that in common humanity they must not be permitted to suffer for want of food, shelter, or other necessaries of life; that to this end they should be provided for by the quartermaster's and commissary's departments, and that those who are capable of labor should be set to work and paid reasonable wages.

In directing this to be done, the President does not mean, at present, to settle any general rule in respect to slaves or slavery, but simply to provide for the particular case under the circumstances in which it is now presented. I am, General, very respectfully, your obedient servant, EDWIN M. STANTON, Secretary of War. Commanding, &c., New Orleans, Louisiana. THE PRESIDENT'S ORDER TO GEN. SCHOFIELD. OCT. 1, 1863.

Major General B. F. BUTLER,

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Under your recent order, which

ing that the commissioned officers of Pope's and Steinwehr's I have approved, you will only arrest individcommands be not entitled, when captured, to be treated as goldiers, and entitled to the benefit of the cartel of exchange. uals, and suppress assemblies or newspapers,

when they may be working palpable injury to | hire any premises in the city for any purpose whatever, the military in your charge; and in no other and no other person will be allowed to hire such premises for the purpose of evading this order, nor allowed to hire case will you interfere with the expression of or harbor any contraband who cannot satisfy the health opinion in any form, or allow it to be inter-officer that he or she needs the services of said contraband

fered with violently by others. In this you have a discretion to exercise with great caution, calmness, and forbearance.

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*

I think proper, however, to enjoin upon you the following: Allow no part of the military under your command to be engaged in either returning fugitive slaves, or in forcing or enticing slaves from their homes; and, so far as practicable, enforce the same forbearance upon the people.

Report to me your opinion upon the availability for good of the enrolled militia of the State. Allow no one to enlist colored troops, except upon orders from you, or from here through you.

Allow no one to assume the functions of confiscating property, under the law of Congress, or otherwise, except upon orders from here.

At elections see that those and only those, are allowed to vote, who are entitled to do so by the laws of Missouri, including as of those laws the restrictions laid by the Missouri Convention upon those who may have participated in the rebellion.

GENERAL TUTTLE'S ORDERS AT NATCHEZ, MISS., MARCH 19, 1864.

NATCHEZ, MIS8., February 16, 1864.

[General Order No. 2.] ** From henceforward, all contraband negroes of Natchez are forbidden from the renting of houses, and living to themselves, but are required to secure legitimate employment with responsible respectable persons, or otherwise be sent to the contraband encampment. Those hiring them are expected to aid in the enforcement of the foregoing regulations by the proper employment of them in their families or messes.

The congregation of so many negroes in one house, with their filthy and lazy habits, (as the undersigned has found to be the case,) if continued, will eventually prove fatal to the health of the city.

All owners or renters of houses are forbidden the renting or sub-renting of the same to contraband negroes under a penalty for so doing. Otherwise it will be impossible for the undersigned to carry out a system of sanitary regulations essential to the well being of the city. By order of A. W. Kelley, Surgeon and Health Officer: T. A. RALSTON,

A. A. Gen. Post.

NATCHEZ, (MISS.,) March 19, 1864. To preserve the general health of the troops stationed in the city of Natchez and of the inhabitants, and to guard against the origination here, and the introduction of pestilential diseases the ensuing summer and autumn, it imperatively requires the prompt, vigorous, and steady enforcement of the sanitary regulations heretofore prescribed in this city.

It is of the first and greatest importance and necessity that all causes tending to the engendering and dissemination of pestilential diseases here, so soon as their existence is known, shall be at once abated or removed, so far as practicable. It is to be apprehended that serious danger to the health of this city will result from the congregation within its limits of the large number of idle negroes which now throng the streets, lanes, and alleys, and overcrowd every hovel. Lazy and profligate, unused to caring for themselves; thriftless for the present, and recklessly improvident of the future, the most of them loaf idly about the streets and alleys, prowling in secret places, and lounge lazily in crowded hovels, which soon become dens of noisome filth, the hot-beds fit to engender and rapidly disseminate the most loathsome and malignant diseases.

To prevent these evil effects, it is hereby ordered that after the first day of April, 1864, no contraband shall be allowed to remain in the city of Natchez, who is not employed by some responsible white person in some legitimate business, and who does not reside at the domicil of bis or her employer; and no contraband will be allowed to

ing in the city in contravention of this order after April 1st in some legitimate employment. All contrabands remainwill be removed to the contraband encampment.

The word contraband is hereby defined to mean all per

sons formerly slaves who are not now in the employ of

their former owners.

Persons drawing rations from the United States Government are not supposed to need any hired servants. The number allowed to each family will be determined by the undersigned. By order of A. W. Kelly, Surgeon and Health Officer. Approved: J. M. TUTTLE, Brig. Gen. Com'g District.

HEADQUARTERS OF DEFENCES, NEW ORLEANS, March 24, 1864. superfluous or insubordinate, will be promptly relieved of Citizens having colored people in their employ, who are them by reporting the fact to Col. Hanks, Superintendent of Negro Labor.

OFFICE PROVOST MARSHAL,

PARISHES OF JEFFERSON AND ST. CHARLES, LA. CARROLLTON, March 28, 1864. The Provost Marshal of the Parish of Jefferson is also charged with the execution of General Order No. 12,

Headquarters of Defences of New Orleans, March 24, 1864, persons within this district are requested to report at once to his office the names of their colored servants of either sex, in order that he may give them an employment certificate, and all colored people of either sex who shall not on the first of April have such certificate in their possession will be considered unemployed, the males organized into squads and companies for labor on the parapet, and the females turned over to Col. Hanks.

so far as it relates to its execution within this district. All

By command of Brig. Gen. Roberts:

R. SKINNER, First Lieut., 10th U. S. Infantry, A. D. C. and A. A. A. G. R. B. BROWN,

Colonel and Provost Marshal.

RESOLUTION OF INQUIRY.

First Session, Thirty-Eighth Congress. IN HOUSE.

1864, May 16-Mr. GRINNELL offered this resolution which was adopted:

Resolved, That the committee on the conduct of the war be instructed to inquire as to the occasion of the military order of Brigadier General J. M. Tuttle for the government of the city of Natchez, Mississippi, which forbids any contraband remaining in the city of Natchez who is not employed by some responsible white person; and also forbids any contraband from hiring any house in said city; whereby hundreds of children have been taken from the schools and many of the families of soldiers have been delivered to slavery.

PROPOSED CENSURE OF GEN. HALLECK'S ORDER. Second Session, Thirty-Seventh Congress.

1861, Dec. 9-Mr. LOVEJOY offered a resolution requiring the Secretary of War to revoke the first section of General Halleck's order, No. 3, Nov. 20, 1861.

A motion to table the resolution was lostyeas 63, nays 68, as follows:

YEAS-Messrs. Allen, Ancona, Joseph Baily, Biddle, Jacob B. Blair, George H. Browne, William G. Brown, Burnham, Cobb, Cor, Cravens, Crisfield, Crittenden, Dawes, Delano, Dunlap, Dunn, English, Fouke, Grider, Harding, Harrison, Holman, Horton, Johnson, William Kellogg, Killinger, Law, Lazear, Leary, Lehman, McKnight, McPher son, Mallory, Maynard, Menzies, Nixon, Noble, Noell, Norton, Odell, Olin, Pendleton, Richardson, Robinson, Sheffield, Shellabarger, Shiel, Smith, John B. Steele, William G. Steele, Stratton, Benjamin F. Thomas, Francis Thomas, Upton, Vallandigham, Wadsworth, Webster, Chilton A. White, Wickliffe, Wood, Woodruff, Wright-63.

NAYS-Messrs. Aldrich, Alley, Ashley, Babbitt, Goldsmith F. Bailey, Baker, Baxter, Bingham, Francis P. Blair, Sam

nel S. Blair, Blake, Buffinton, Chamberlain, Clark, Colfax,
Frederick A. Conkling, Roscoe Conkling, Conway, Davis,
Diven, Duell, Edgerton, Edwards, Eliot, Fenton, Fessenden,
Franchot, Frank, Gooch, Granger, Gurley, Hutchins, Julian,
Kelley, Lansing, Loomis, Lovejoy, Moorhead, Anson P.
Morrill, Justin S. Morrill, T. G. Phelps, Pomeroy, Porter,
Potter, Alexander H. Rice, Riddle, Edward H. Rollins,
Sargent, Sedgwick, Shanks, Sherman, Sloan, Spaulding,
Stevens, Train, Trimble, Trowbridge, Vandever, Van Horn,
Van Wyck, Wall, Wallace, Charles W. Walton, E. P. Wal-field, Shellabarger, Stevens, Stratton, Benjamin F. Thomas,
ton, Washburne, Wheeler, Wilson, Worcester-68.

Mr. LOVEJOY then modified this resolution so as to "request" (instead of "requiring") the Secretary of War to revoke it,

When Mr. LANSING, of New York, offered the following as a substitute, which Mr. LOVEJOY accepted:

Whereas Major General Halleck, of the western department, has issued an order prohibiting negroes from coming within the lines of our army, and excluding those already under the protection of our troops, and whereas a different policy and practice prevails in other departments, by the direct sanction of the Administration; and whereas said order is cruel and inhuman, and in the judgment of this House based upon no military necessity: Therefore, Resolved, That the President be respectfully requested to conform with the practice of the other departments of the

direct General Halleck to recall said order, or cause it to

army.

Dec 11-The whole subject was then laid on the table-yeas 78, nays 64, as follows:

YEAS-Messrs. Allen, Ancona, Joseph Baily, Biddle, Francis P. Blair, Jacob B. Blair, George H. Browne, William G. Brown, Burnham, Calvert, Coob, Cooper, Cox, Cravens, Crisfield, Crittenden, Delano, Delaplaine, Diven, Dunlap, Dunn, English, Fisher, Fouke, Granger, Grider, Haight, Hanchett, Harding, Harrison, Holman, Horton, Johnson, William Kel logg, Killinger, Law, Lazear, Leary, Lehman, McPherson, Mallory, Maynard, Menzies, Morris, Nixon, Noble, Noell, Norton, Odell, Olin, Pendleton, Perry, T. G. Phelps, Porter, Alexander II. Rice, Richardson, Riddle, Robinson, Sheffield, Shellabarger, Shic, Smith, John B. Steele, William G. Steele, Stratton, Benjamin F. Thomas, Trimble, Upton, Vallandigham, Voorhees, Wadsworth, Ward, Webster, Whaley, Chilton A. White, Wickliffe, Woodruff, Wright-78.

NAYS-Messrs. Alley, Arnold, Ashley, Babbitt, Goldsmith F. Bailey, Baker, Baxter, Bingham, Blake, Buffinton, Campbell, Chamberlain, Clark, Colfax, Frederick A. Conkling, Roscoe Conkling, Conway, Covode, Davis, Dawes, Duell, Ed gerton, Edwards, Eliot, Fenton, Fessenden, Franchot, Frank, Gooch, Goodwin, Hooper, Hutchins, Julian, Kelley, Francis W. Kellogg, Lansing, Loomis, Lovejoy, Moorhead, Anson P. Morrill, Justin S. Morrill, Patton, Pike, Potter, Edward H. Rollins, Sedgwick, Shanks, Sherman, Sloan. Spaulding, Stevens, Train, Trowbridge, Van Horn, Van Wyck, Wall, Wallace, Charles W. Walton, E. P. Walton, Washburne, Wheeler, Albert S. White, Wilson, Worcester-64.

LEGISLATION PROHIBITING THE EXISTENCE OF
SLAVERY IN TERRITORIES, ETC.
Second Session, Thirty-Seventh Congress.
IN HOUSE.

Colfax, Frederick A. Conkling, Roscoe Conkling, Cutler,
Davis, Dawes, Delano, Diven, Duell, Dunn, Edgerton,
Edwards, Eliot, Ely, Fenton, Fessenden, Franchot, Frank,
Gooch, Granger, Hale, Harrison, Hickman, Hooper, Horton,
Hutchins, Julian, Kelley, William Kellogg, Lansing,
Loomis, Lovejoy, McKnight, McPherson, Mitchell, Moor-
head, Anson P. Morrill, Justin S. Morrill, Olin, Pike, Por
ter, Potter, Alexander H. Rice, John II. Rice, Riddle,
Edward H. Rollins, Sargent, Sedgwick, Shanks, Shef
Train, Trimble, Trowbridge, Van Horn, Verree, Wall, Wal-
lace, Charles W. Walton, E. P. Walton, Washburne,
Wheeler, Albert S. White, Wilson, Windom, Worcester - 85.
NAYS-Messrs. Allen, Ancona, Joseph Baily, Budd'e, Jacob
B. Blair, George H. Browne, Wm. G. Brown, Calvert, Casey,
Clements, Cobb, Cox, Cravens, Crisfield, Crittenden, Dunlap,
English, Grider, Haight, Hall, Harding, Holman, Johnson,
Kerrigan, Knapp, Law, Lazear, Leary, Lehman, Mallory,
Maynard, Menzies, Morris, Noell, Odell, Perry, John S
Phelps, Richardson, Robinson, Segar, John B. Steele, Wm. G.
Steele, Francis Thomas, Vibbard, Voorheees, Wadsworth,
Ward, Webster, Wickliffe, Woodruff—50.

As originally reported the bill proposed that slavery should cease in all the Territories; the forts, arsenals, dock-yards, &c., of the United States; in all vessels on the high seas, and "in all places where the national Government is supreme, or has exclusive jurisdiction or power." A motion to table it was rejected-yeas 50, nays 64.

May 9--Mr. LOVEJOY offered a substitute, containing the other proposition and this addition:

SEC. 2. That any person now held or attempted to be held hereafter as a slave in any of the places above named is hereby declared to be free, and the right to freedom hereby declared may be asserted in any of the courts of the United States or of the several States, in behalf of the party, or his or her posterity, after any lapse of time.

A motion to table the bill was rejected-yeas 50, nays 65.

May 12-It was modified and passed.
IN SENATE.

June 9-The bill was reported amended by inserting this substitute:

That from and after the passage of this act there shall be neither slavery nor involuntary servitude in any of the Ter ritories of the United States now existing, or which may at any time hereafter be formed or acquired by the United States, otherwise than in punishment of crimes whereof the party shall have been duly convicted.

And was passed-yeas 28, nays 10, as follows:

YEAS-Messrs. Anthony, Browning, Chandler, Clark, Collamer, Cowan, Dixon, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Howard, Howe, King, Lane of Indiana, Pomeroy, Rice, Simmons, Sumner, Ten Eyck, Trumball, Wade, Wilkinson, Wilmot, Wilson of Massachusetts-28. NAYS-Messrs. Carlile, Davis, Kennedy, Latham, McDo gall, Nesmith, Powell, Saulsbury, Stark, Wright—10.

1862, May 12-Mr. LOVEJOY offered this bill, being a substitute for one previously offered by ment of the Senate-yeas 72, nays 38.

June 17-The House concurred in the amend

him:

To the end that freedom may be and remain forever the fundamental law of the land in all places whatsoever, so far as it lies within the powers or depends upon the action of the Government of the United States to make it so; Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That slavery or involuntary servitude, in all cases whatsoever, (other than in the punishment of crime, whereof the party shall have been duly convicted.) shall henceforth cease, and be prohibited forever in all the Territories of the United States, now existing, or hereafter to be formed or acquired in any way.

Mr. Cox moved that it be tabled; which was rejected-yeas 49, nays 81; and the bill was then passed-yeas 85, nays 50, as follows:

YEAS-Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, Baker, Baxter, Beaman, Bingham, Francis P. Blair, Samuel 8. Blair, Blake, Buffinton, Campbell, Chamberlain, Clark,

IN THE TERRITORY OF MONTANA.

Third Session, Thirty-Seventh Congress.
IN HOUSE.

1863, February 12-Mr. ASHLEY, from the Committee on Territories, reported a bill to provide a temporary government for the Territory of Montana.

Mr. Cox moved to strike out the proviso to the sixth section, as follows:

Provided, That whereas slavery is prohibited in said Territory by act of Congress of June 19, 1862, nothing herein contained shall be construed to authorize or permit its existence therein.

Which was disagreed to-yeas 39, nays 96, as follows:

YEAS-Messrs. William Allen, Ancona, Baily, Biddle, Cal

vert, Cobb, Cox, Crisfield, Grider, Hall, Harding, Holman, Kerrigan, Knapp, Law, Mallory, Menzies, Morris, Noble, Norton, Nugen, Pendleton, Price, Robinson, Segar, Shiel, Smith, John B. Steele, Wm. G. Steele, Stiles, Vallandigham, Voorhees, Wadsworth, Webster, Chilton A. White, Wick liffe, Woodruff, Wright, Yeaman-38.

NATS-Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, Baxter, Beaman, Bingham, Jacob B. Blair, Samuel S. Blair, Blake, William G. Brown, Buffinton, Chamberlain, Clark, Clements, Colfax, Frederick A. Conkling, Conway, Covode, Cutler, Davis, Dawes, Delano, Dunn, Edgerton, Eliot, Ely, Fenton, Samuel C. Fessenden, Thomas A. D. Fessenden, Fisher, Franchot, Frank, Gooch, Goodwin, Granger, Gurley, Haight, Harrison, Hickman, Horton, Julian, Kelley, Francis W. Kellogg, William Kellogg, Lansing, Lehman, Loomis, Lovejoy, Low, McIndoe, McKean, McKnight, Maynard, Moorhead, Anson P. Morrill, Justin S. Morrill, Nixon, Noell, Olin, Patton, Timothy G. Phelps, Pike, Pomeroy, Porter, Potter, Alexander H. Rice, John H. Rice, Riddle, Edward H. Rollins, Sargent, Shanks, Sheffield, Shellabarger, Sherman, Sloan, Spaulding, Stevens, Benjamin F. Thomas, Francis Thomas, Train, Trimble, Trowbridge, Van Horn, Van Valkenburgh, Van Wyck, Verree, Walker, Wallace, Walton, Washburne, Wheeler, Albert S. White, Wilson, Windom-96.

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YEAS-Messrs. James C. Allen, Ancona, Chanler, Cox, Dawson, Denison, Eldridge, Hall, Harding, Knapp, Long, Mallory, William H. Miller, Morrison, John O'Neill, Rogers, Ross, Stiles-18.

joint resolution, which was similarly referred:

Be it resolved, dc., That the following article be proposed to the Legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by three fourths of such Legislatures, shall become a part of the Constitution, to wit:

ARTICLE. Everywhere within the limits of the United States, and of each State or Territory thereof, all persons are equal before the law, so that no person can hold another as a slave.

Mr. SAULSBURY moved to postpone it indefinitely; which was disagreed to-yeas 8, nays 31, as follows:

YEAS-Messrs. Buckalew, Carlile, Davis, Harding, Hendricks, Powell, Saulsbury, Wright-8.

NAYS-Messrs. Anthony, Chandler, Clark, Collamer, Conness, Cowan, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Howard, Howe, Johnson, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Nesmith, Pomeroy, Ramsey, Sherman, Sprague, Sumner, Trumbull, Van Winkle, Wilson-31.

Feb. 9-Mr. POWELL introduced the follow

ing joint resolution, (embodying, as he stated, the view of Judge Nicholas, of Kentucky,) which was referred to the Committee on the Judiciary:

the United States of America in Congress assembled, That Resolved by the Senate and House of Representatives of

the Constitution of the United States be amended as follows: ARTICLE NO. -.

SEC. 1. Congress shall at its first session after the adoption of this amendment, and from time to time thereafter, apportion among the several States the electors of Presi

dent and Vice President according to the following ratio of population in Federal numbers: One elector to each State having less than a million; two to each State having one but less than two million; three to each having two but less than three million; four to each having three but less than four million; five to each having four but less than six million; six to each having six but less than eight million; and seven to each having eight million of population. Each State having but one elector shall be an electoral district, and each of the other States shall be divided by Congress into districts equal to the number of its electors, to be composed of coterminous territory, and as near as may be the districts to have equality of population.

shall elect an elector.

NAYS-Messrs. Allison, Ames, Anderson, Arnold, Ashley,
Baily, Augustus C. Baldwin, John D. Baldwin, Baxter,
Beaman, Francis P. Blair, jr., Jacob B. Blair, Blow, Bout-
well, Boyd, Broomall, James S. Brown, Ambrose W. Clark,
Cobb, Cole, Henry Winter Davis, Thomas T. Davis, Dawes,
Donnelly, Driggs, Dumont, Eckley, Eliot, Farnsworth, Fen-
ton, Frank, Garfield, Gooch, Griswold, Higby, Hotchkiss,
SEC. 2. The voters of each district, qualified to vote for
John H. Hubbard, Hutchins, Jenckes, Julian, Kasson, Kel-members of the most numerous branch of its Legislature,
ley, Francis W. Kellogg, Kernan, Longyear, Marvin, Mc-
Allister, McBride, McClurg, McIndoe, S. F. Miller, Moorhead,
Daniel Morris, Amos Myers, Leonard Myers, Norton, Odell,
Charles O'Neill, Orth, Perham, Pike, Price, Alexander H.
Rice, John H. Rice, James S. Rollins, Scofield, Shannon,
Smith, Smithers, Spalding, Starr, Stevens, Sweat, Thayer,
Thomas, Tracy, Upson, Van Valkenburgh, Ellihu B. Wash
burne, William B. Washburn, Webster, Whaley, Williams,
Wilder, Wilson, Windom, Woodbridge-87.

The election for electors shall be held during the month of October next preceeding the commencement of any presidential term.

The several State Legislatures shall prescribe the time and manner for holding those elections and making returns thereof; also, for deciding them when contested, and making new elections therein; but Congress may discharge this duty, in whole or in part, when deemed necessary.

SEC. 3. The electors shall convene in the Senate Chamber at the seat of Government, at noon of the first Monday in

Proposed Amendment of the Consti- February next preceding the commencement of the ensuing

tution.

IN SENATE.

presidential term, and form an electoral college.
Two thirds of all the electors elected shall be a quorum
of the college.

The Chief Justice of the United States, or in his absence

the President of the Senate, or in the absence of both, the Speaker of the House of Representatives shall be the pre

1864, January 11-Mr. HENDERSON offered this joint resolution, which was referred to the Committee on the Judiciary, proposing amend-siding officer of the college.

ments to the Constitution:

Be it resolved, dc., That the following articles be proposed as amendments to the Constitution of the United States, which, when adopted by the Legislatures of three-fourths of the several States, shall be valid, to all intents and purposes, as a part of the said Constitution, to wit:

ARTICLE 1. Slavery or involuntary servitude, except as a punishment for crime, shall not exist in the United States. ARTICLE 2. The Congress, whenever a majority of the members elected to each house shall deem it necessary, may propose amendments to the Constitution, or, on the application of the Legislatures of a majority of the several States, shall call a convention for proposing amendments, which in either case shall bo valid, to all intents and purposes, as part of the Constitution, when ratified by the Legislatures of two-thirds of the several States, or by conventions in twothirds thereof, as the one or the other mode of ratification may be proposed by Congress.

The presiding officer shall cause all the electors elected, whether present or not, to be listed in the alphabetical order of their names, and in that order divide them into six classes of equal numbers, distributing by lot separately among the several classes such electors at the bottom of the list, if any, as are left out in the division.

He shall by lot, under the supervision of one from each class, designate the several classes by numbers from one to six.

When a quorum is present he shall announce that the college is formed, and note the time at which the enunciation is made; but, when necessary, the enunciation shall be Postponed until after the verification, by a majority of the electors present, of the returns and qualifications of members.

SEC. 4. After the college is formed the electors present of each class shall choose an elector from the class next succeeding it in number, except class six, which shall choose from class one.

In open session of the college the presiding officer, und 1864, Feb. 8-Mr. SUMNER introduced this the supervision and control of the six so chosen, or ad

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