Pending the consideration of the supplement to the emancipation bill for the District of Columbia,

1862, July 7-Mr. Sumner moved a new section :

That in all the judicial proceedings in the District of Columbia there shall be no exclusion of any witness on account of color.

Which was adopted-yeas 25, nays 11. The bill then passed-yeas 29, nays 6; (Messrs. Carlile, Daris, Kennedy, Porell, Wilson, of Missouri, Wright.)

On all of these questions of color, the Democrats invariably, on test votes, were found against any concession of rights to the negro. These were frequently aided by some Republicans, more conservative than their colleagues, or representing closer districts where political prejudices would affect their return to their seats. It will be observed that on nearly all these questions Senator Charles Sumner took the lead. He was at that time pre-eminently the Moses of the colored man, and led him from one right to another through SenaHouse-torial difficulties, which by the way, were never as strong as that in the House, where Thaddeus Stevens was the boldest champion of “the rights of the black man." In the field, rather in the direction of what should be done with the "contrabands' and escaped slaves, the Secretary of War, General Cameron, was their most radical friend, and his instructions were so outspoken that Lincoln had to modify them. As early as December 1, 1861, General Cameron wrote:

July 9-The bill passed the yeas 69, nays 36. There was no separate vote on the above proposition.

Pending the consideration in the Senate of the House bill in relation to the competency of witnesses in trials of equity and admiralty,

1862, July 15—Mr. Sumner offered this proviso to the first Section:

Provided. That there shall be no exclusion of any witness on account of color. Which was rejected-yeas 14, nays 23. First Session. Thirty-Eighth Congress. 14. June 25-Pending the civil appropriation bill, in Committee of the Whole, Mr. Sumner offered this proviso:

Provided. That in the courts of the United States there shall be no exclusion of any witness on account of color.

Mr. Buckalew moved to add: Nor in civil actions because he is a party to or interested in the issue tried.

Which was agreed to; and the amendment as amended was agreed to-yeas 22.

navs 16.

The Senate subsequently concurred in this amendment-yeas 29, nays 10.

IN HOUSE.

June 29-The question being on agreeing to the amendment.

Mr. Mallory moved to add this proviso to the section amended in the Senate:

Provided, That negro testimony shall only be taken in the United States courts in those States the laws of which authorize such testimony.

Which was rejected-yeas 47, nays 66. The amendment of the Senate was then agreed to-yeas 67, nays 48.

COLORED SCHOOLS.

While it is plain that the slave property of the South is justly subjected to all the consequences of this rebellious war, and that the Government would be untrue to its trust in not employing all the rights and powers of war to bring it to a speedy close, the details of the plan for doing so, like all other military measures, must, in a great degree, be left to be determined by particular exigencies. The disposition of other property belonging to the rebels that becomes subject to our arms is governed by the circumstances of the case. The Government has no power to hold slaves, none to restrain a slave of his liberty, or to exact his service. It has a right, however, to use the voluntary service of slaves liberated by war from their rebel masters, like any other property of the rebels. in whatever mode may be most efficient for the defence of the Government, the prosecution of the war, and the suppression of rebellion. It is clearly a right of the government to arm slaves when it may become necessary as it is to take gunpowder from the enemy. Whether it is expedient to do so is purely a military question. The right is unquestionable by the laws of war. The expediency must be determined by circumstances, keeping in view the great object of overcoming the rebels, re-establishing the laws, and restoring peace to the nation.

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June 8.-The House passed a bill to provide for the public instruction of youth in Washington city, with an amendment pro- "It is vain and idle for the Government viding for separate schools for the colored to carry on this war, or hope to maintain children, by setting apart such a propor- its existence against rebellious force, withtion of the entire school fund as the num-out enjoying all the rights and powers ber of colored children between the ages of war. As has been said, the right to desix and seventeen bear to the whole num- prive the rebels of their property in slaves ber of children in the District. The bill, and slave labor is as clear and absolute as with amendments, passed both Houses the right to take forage from the field, or without a division. cotton from the warehouse, or powder and

Second. That military and naval commanders shall employ as laborers, within and from said States, so many persons 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, accounts 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."

"It is already a grave question what shall be done with those slaves who were abandoned by their owners on the advance of our troops into southern territory, as at Beaufort district, in South Carolina. The number left within our control at that point is very considerable, and similar cases will probably occur. What shall be done with them? Can we afford to send The manner and language employed by them forward to their masters, to be by General McClellan in promulgating this

order to the Army of the Potomac, led to his political differerces with the Administration, and in the end caused him to be the Democratic candidate for President in 1864. against Lincoln. His language is peculiar and some of it worthy of presentation as of political importance. He said: 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 refer ence is intended to persons held to service or labor by reason of African descent. 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 authorities 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 removed. All such arrested parties will be sent, as usual, to the Provost Marshal General, with a statement of the facts in each case.

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 struggle carried on with the United States, and should be conducted by us upon the highest principles known to Christian civilization."

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but not as rapid as were demanded by the more radical wing of the Republican party. We have shown that most of them were opposed by the Democrats, not solidly sure where they were plainly political, but this party became less solid as the war advanced.

In

Senator Wilson was the author of the bill to abolish slavery in the District of Columbia. It excited much debate, and the range of the speeches covered the entire question of slavery. Those from the Border States opposed it (a few Republicans and all Democrats) but some of the Democrats of the North supported it. The vote in the Senate was 29 for to 6 against. the House Frank P. Blair, Jr., advocated colonization in connection with the bill, but his idea met with little favor. Crittenden, Wickliffe and Vallandigham were prominent in opposition. Its most prominent advocates were Stevens of Pennsylvania, and Bingham of Ohio. The vote was 92 for to 38 against.

The bill of Arnold, of Illinois, "to render freedom national and slavery sectional," the leading idea in the platform of the convention which nominated Lincoln, prohibited slavery in "all the Territories of the United States then existing, or thereafter to be formed or acquired in any way." It was vehemently opposed, but passed with some modifications by 58 ayes to 50 noes, and it also passed the Senate.

In the Spring of 1862 General David Hunter brought the question of the enlistment of colored troops to a direct issue by raising a regiment of them. On the 9th of June following, Mr. Wickliffe of Kentucky, succeeded in getting the House to adopt a resolution of inquiry. Correspondence followed with General Hunter. He confessed the fact, stated that "he found his authority in the instructions of Secretary Cameron, and said that he hoped by fall to enroll about fifty thousand of these hardy and devoted soldiers." When this reply was read in the House it was greeted with shouts of laughter from the Republicans, and signs of anger from the others. At this time such were the prejudices of A great debate followed on the amendment Union soldiers against negroes, because of to the bill providing for the calling out of growing political agitation in the North, the militia, clothing the President with full that many would loudly jeer them when power to enlist colored troops, and to proseen within the lines. The feeling was claim "he, his mother, and wife and chileven greater in the ranks of civilians, and dren forever free," after such enlistment. yet Congress moved along, step by step. Preston King, of New York, was the author The 37th abolished slavery in the District of this amendment. Davis, of Kentucky, of Columbia; prohibited it in all the terri- and Carlisle of West Virginia, were promitories; confirmed the freedom of the slaves nent Senators in opposition; while Ten owned by those in arms against the govern- Eyck, of New Jersey, Sherman of Ohio, ment; authorized the employment of and Browning of Illinois sought to modify colored men in fortifications, their enlist- it. Garrett Davis said in opposition: ment, etc.; and enacted an additional article of war, which prohibited any officer from returning or aiding the return of any fugitive slave. These were rapid strides,

"Do you expect us to give our sanction and approval to these things? No, no! We would regard their authors as our worst enemies; and there is no foreign despot

ism that could come to our rescue, that we would not fondly embrace, before we would submit to any such condition of things." Senator Fessenden of Maine, in advocacy of the amendment, said:

"I tell the President from my place here as a Senator, and I tell the generals of our army, they must reverse their practices and course of proceeding on this subject. *** Treat your enemies as enemies, as the worst of enemies, and avail yourselves like men of every power which God has placed in your hands, to accomplish your purpose, within the rules of civilized warfare."

2. That such free persons of color shall receive, cach, eight dollars per month, as pay, and such persons shall be entitled to draw, each, one ration per day, and shall be entitled to a yearly allowance each for clothing.

3. That, in order to carry out the provisions of this act, it shall be the duty of the sheriffs of the several counties in this State to collect accurate information as to the number and condition, with the names of free persons of color, subject to the provisions of this act, and shall, as it is practicable, report the same in writing to the Governor.

meanor.

The bill passed, so modified, as to give 4. That a failure or refusal of the freedom to all who should perform military sheriffs, or any one or more of them, to service, but restricting liberty to the fami- perform the duties required, shall be lies of such only as belonged to rebel mas-deemed an offence, and on conviction ters. It passed the House July 16th, 1862, thereof shall be punished as a misdeand received the sanction of the President, who said :—" And the promise made must 5. That in the event a sufficient number be kept!" General Hunter for his part in of free persons of color to meet the wants beginning colored enlistments, was out-of the State shall not tender their services, lawed by the Confederate Congress. Hunter the Governor is empowered, through the followed with an order freeing the slaves sheriffs of the different counties, to press in South Carolina. such persons until the requisite number is obtained.

In January, 1863, pursuant to a suggestion in the annual report of Secretary Stanton, who was by this time as radical as his predecessor in office, the House passed a bill authorizing the President to enroll into the land and naval service such number of volunteers of African descent as he might deem useful to suppress the rebellion, and for such term as he might prescribe, not exceeding five years. The slaves of loyal citizens in the Border States were excluded from the provisions of this bill. In the Senate an adverse report was made on the ground that the President already possessed these powers.

6. That when any mess of volunteers shall keep a servant to wait on the members of the mess, each servant shall be allowed one ration.

This act to take effect from and after its
passage.
W. C. WHITTHORNE,
Speaker of the House of Representatives.
B. L. STOVALL,

Speaker of the Senate.

Passed June 28, 1861.

1862, November 2-Governor Joseph E. Brown, of Georgia, issued a call announcing that if a sufficient supply of negroes be not tendered within ten days, General Mercer will, in pursuance of authority given him, proceed to impress, and asking of every planter of Georgia a tender of one fifth of his negroes to complete the fortifications around Savannah. This one fifth

In January, 1863, Senator Wilson, who was by this time chairman of the Military Committee of the Senate, secured the passage of a bill which authorized a draft for the National forces from the ranks of all male citizens, and those of foreign birth who had declared their intentions, etc. The bill contained the usual exemp-is estimated at 15,000. tions.

CONFEDERATE USE OF COLORED MEN.

In June, 1861, the rebel Legislature of Tennessee passed this enlistment bill, which became a law:

SEC. 1. Be it enacted by the General Assembly of the State of Tennessee, That from and after the passage of this act the Governor shall be, and he is hereby, authorized, at his discretion, to receive into the military service of the State all male free persons of color between the ages of fifteen and fifty, or such numbers as may be necessary, who may be sound in mind and body, and capable of actual service.

1863. The Governor of South Carolina in July, issued a proclamation for 3,000 need for them being pressing." negroes to work on the fortifications, "the

THE CHANGING SENTIMENT OF CONGRESS.

In the Rebel House of Representatives, December 29th, Mr. DARGAN, of Alabama, introduced a bill to receive into the military service all that portion of population in Alabama, Mississippi, Louisiana, and Florida, known as (( Creoles."

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Mr. Dargan supported the bill in some remarks. He said the Creoles were mixed-blooded race. Under the treaty of Paris in 1803, and the treaty of Spain in 1810, they were recognized as freemen.

Many of them owned large estates, and were intelligent men. They were as much devoted to our cause as any class of men in the South, and were even anxious to go into service. They had applied to him to be received into service, and he had applied to Mr. Randolph, then Secretary of War. Mr. Randolph decided against the application, on the ground that it might furnish to the enemy a pretext of arming our saves against us. Some time after this he was again applied to by them, and he went to the present Secretary of War, Mr. Seddon, and laid the matter before him. Mr. Seddon refused to entertain the proposition, on the ground that it did not come up before him through the military authorities. To obviate this objection, Gen. Maury, at Mobile, soon afterwards represented their wishes to the War Department. Mr. Seddon refused the offer of their services, on the ground that it would be incompatible with the position we occupied before the world; that it could not be done.

Mr. Dargan said he differed with the Secretary of War. He cared not for "the world. He cared no more for their opinions than they did for ours. He was anxious to bring into service every free man, be he who he may, willing to strike for our cause. He saw no objection to employing Creoles; they would form a potent element in our army. In his district alone a brigade of them could be raised. The crisis had been brought upon us by the enemy, and he believed the time would yet come when the question would not be the Union or no Union, but whether Southern men should be permitted to live at all. In resisting subjugation by such a barbarous foe he was for employing all our available force. He would go further and say that he was for arming and putting the slaves into military service. He was in favor eren of emlpoying them as a military arm in the defence of the country. 1864. The Mayor of Charleston, Charles Macbeth, summons all slaveholders within the city to furnish to the military authorities forthwith, one-fourth of all their male slaves between the ages of fifteen and fifty, to labor upon the fortifications. The penalty announced, in case of failure to comply with this requisition is a fine of $200 for every slave not forthcoming. Compensation is allowed at the rate of $400 a year.

All free male persons of color between the ages of fifteen and fifty are required to give themselves up for the same purpose. Those not complying will be imprisoned, and set to work upon the fortifications along the coast. To free negroes no other compensation than rations is allowed.

NEGROES IN THE ARMY.

copy of " An act to increase the efficiency of the army by the employment of free negroes and slaves in certain capacities," lately passed by the Rebel Congress. The negroes are to perform "such duties as the Secretary of War or Commanding General may prescribe." The first section is as follows:

The Congress of the Confederate States of America do enact, That all male free negroes, and other free persons of color, not including those who are free under the treaty of Paris, of 1803, or under the treaty of Spain, of 1819, resident in the Confederate States, between the ages of eighteen and fifty years, shall be held liable to perform such duties with the army, or in connection with the military defences of the country, in the way of work upon the fortifications, or in government works for the production or preparation of materials of war, or in military hospitals, as the Secretary of War or the Commanding General of the Trans-Mississippi Department may, from time to time, prescribe; and while engaged in the performances of such duties shall receive rations and clothing and compensation at the rate of eleven dollars a month, under such rules and regulations as the said Secretary may establish: Prorided, That the Secretary of War or the Commanding General of the Trans-Mississippi Department, with the approval of the President, may exempt from the operations of this act such free negroes as the interests of the country may require should be exempted, or such as he may think proper to exempt on the ground of justice, equity or necessity.

The third section provides that when the Secretary of War shall be unable to procure the services of slaves in any military department, then he is authorized to impress the services of as many male slaves, not to exceed twenty thousand, as may be required, from time to time, to discharge the duties indicated in the first section of the act.

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The owner of the slave is to be paid for his services; or, if he be killed or escape to the enemy," the owner shall receive his full value.

Governor Smith, of Virginia, has made a call for five thousand male slaves to work on the batteries, to be drawn from fifty counties. The call for this force has been made by the President under a resolution of Congress.

CONFEDERATE" LEGISLATION UPON NEGRO PRISONERS AND THEIR WHITE OFFICERS WHEN CAPTURED.* 1863, May 1-An act was approved declaring that the commissioned officers of

*December 23, 1862-Jefferson Davis issued a procla mation of outlawry against Major General B. F. Butler, The Richmond press publish the official the last two clauses of which are: