most prominent even when death claimed him as his own. The last letter he indited for publication was the letter published about two weeks before his death in the National Intelligencer, addressed to the "chairman of the Democratic committee" in this city. I will read two short extracts, to show you what, at that short period before his death, he thought was the duty of every loyal American citizen in the present crisis. After stating the circumstances which led to the present deplorable state of public affairs, he says:

"In view of this state of facts, there is but one path of duty left to all patriotic men. It is not a party question, nor a question involving partisan policy; it is a question of Government or no Government; country or no country; and hence it becomes the duty of every Union man, every friend of constitutional liberty, to rally to the support of our common country, its Government, and its flag, as the only means of preserving the Union of the States."

Again, he says:

"I know of no mode by which a loyal citizen may so well demonstrate his devotion to his country as by sustaining the flag, the Constitution, and the Union, under all circumstances and under every Administration, (regardless of party politics,) against all assailants at home and abroad."

DOUGLAS; consistent in principle, theory, and action.

I rose only, Mr. Speaker, to add my testimony that it be placed upon the record. I know I speak the sentiments of his friends in Kentucky. My colleague has more appropriately spoken the feelings of the whole State. We mourn his death as a national affliction. He emphatically was a national man. At this time more than any period of his life, does the nation need his services. His devotion to the Union and the Constitution was ardent and sincere; and such men the nation now wants, in this hour of her greatest trial.

Mr. FOUKE. Mr. Speaker, with the termination of my remarks will, I presume, close the solemn ceremonies of the present occasion. Our thoughts are sad, our hearts are full of mourning. "Death seeks a shining mark." A brilliant sun has gone down at noon. In the meridian of life, in the plentitude of his usefulness and readiness to serve his country in its present great need of the wisest counsels and ready coöperation of its greatest and truest statesman, has STEPHEN A. DOUGLAS, standing at the head of the column of the true patriots of our land, been struck down by death's inexorable fiat! The nation deeply mourns his demise in habiliments of sincere woe. The Con

more, as it has hitherto for many years been accustomed to greet his cheerful presence, and dwell with profit and instruction upon his words of wisdom. He has passed from our midst, but he has left us a glorious legacy in his last dying words, enjoining upon his two sons, of tender years, and all the friends about his couch, to stand by the Union and the Constitution of their country, and help to maintain the laws.

Judge DOUGLAS died in the clear, full faith that the Union would be maintained and preserved, as he, as well as Washington, Jackson, Clay, and their compeers, before him, believed it ought to be, no matter who might be the constitutionally elected President.

Fellow-Democrats of the House of Representatives! friends of DOUGLAS! these are the words of our great leader; the man whom we delighted to honor; whose banner we have borne aloft "in the battle and the breeze;" with whom we havegress of the United States will see and hear him no abided in good and evil report; around whom we have rallied; for whom we have fought the good fight, even under circumstances well calculated to dampen the ardor of the bravest and most devoted. It is the language of one to whom we adhered even unto the end. They are his dying words to us-the last legacy to his friends; and shall we not demonstrate our devotion to him, as well as to our country, by sustaining the “Constitution, the Union, and its flag," regardless of all former differences of political opinions, of party politics? I hope so; I believe so. And if permitted to look down upon our deliberations here from "mansions on high," will he not feel that, in death as in life, he has never found us divided? Mr. Speaker, I have said his devotion to the Union was strong even in death. Could there be a more solemn, a more touching, a more affecting scene, than when the angel of death was flapping his broad wing over the emaciated frame of this intellectual giant, when the grave was opening to receive him, and when, in a moment of apparent consciousness, his lovely and loving and devoted wife asked the dying statesman if he had any message to send to his two sons? When not hearing, or not understanding, the question, she knelt over him and whispered it once more in that car so soon to be as deaf to sound as the clod that covers him. Rallying for a moment, his eye flashing, his whole frame, dilated, "Tell them," said he, "to obey the laws, and support the Constitution of the United States."

Sir, he rests from his labors; his work on earth is ended; his ashes mingle, as they rightly should, with the dust of the prairie, in that great and noble State to which he owed so much, and with whose name the fame of this great statesman will be forever identified.

He had previously, while in health, publicly declared, in view of the crisis which was seriously threatening the destruction of our Union, that he would give up the great party he had all his life clung to, and all hope of future exaltation to power by that, or any other party, to save the Union from destruction. It was a sentiment of patriotic fervor from the bottom of his great American heart. Like the noble sentiment once proclaimed by the immortal Clay, Judge DOUGLAS would rather be right than be President.

The humble individual who, on this solemn occasion, offers up his mite of tribute to the worth and memory of the departed statesman we mourn, was for many years the personal and political friend and admirer of STEPHEN A. DOUGLAS. I saw him rise rapidly in the affections of the people of my native State, who knew him well-his genial nature, his generosity, his great energy of character, his integrity, and his wisdom and solid worth; and they soon showered profusely upon him all the honors in their gift-legislative, judicial, and congressional. They saw him among them from choice, the architect of his own fortunes; and with pride they saw him taking and holding a

Mr. WICKLIFFE. Mr. Speaker. I had the honor of knowing Judge DOUGLAS. Our acquaint-high stand in the councils of the nation-the peer ance commenced in 1843. He was a member of the House of Representatives, I a member of the executive department of this Government, and then received from him and witnessed acts of his disinterestedness and support. A friendship was then formed between us which lasted until his death, and I can and do cheerfully concur in all that has been said of him to-day. No eulogy of mine can add to his reputation as a statesman. The records of his country bear evidence to the world of his public services.

It was my fortune during a period of ten years service in the House of Representatives, in the exciting times of 1823 to 1833, when the nation was threatened with the evils of secession by South Carolina, to hear and witness the contests of the national men of that day. I have heard Mr. DOUGLAS, and can say, his power as a debater, and his devotion to the great principles upon which our Government is founded, were not surpassed by the greatest of the great men of that day.

No statesman of the present century, living or dead, has a more consistent record than that of

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of the mightiest magnates of the Republic. They were anxious to see him, as the true representative man of the people, elevated to the highest office within the gift of American freemen. His friends urged him for the exalted position of President of the United States at the national convention at Baltimore, in 1852. But he knew better than his admiring supporters that his nomination could not be made without strife. Hence he urged them to yield to a compromise upon Franklin Pierce, who was nominated and elected.

In 1856, at the Cincinnati convention, his friends urged him again for the nomination, and he received a large vote; but, ever disinterested and desirous of harmony in his party, he telegraphed his friends in the convention, by all means, as a sound Democratic rule, to vote for Mr. Buchanan as soon as he should receive a bare majority, and nominate him by a two-thirds vote, upon the principle that in party organizations the time had passed for a minority to hold out with a factious opposition to a majority. They did as he requested, and Mr. Buchanan was nominated and elected. When he had made a successful campaign of

Illinois in 1858, for a reelection to the Senate, and was returned for the third time, his name was again urged for the Presidency; all his intimate friends know full well that he resisted this appeal. Having just been elected for another term of six years to the Senate, he desired for the time being no more exalted position. He at last, however, reluctantly yielded his assent, but it was with the distinct understanding that, if nominated, it must be upon his doctrine of "popular sovereignty,' as sanctioned by the Cincinnati convention of

1856.

Having thus yielded his assent, he laid before the public, through Harper's Magazine, a lucid, logical, convincing, and unanswerable paper, in illustration and advocacy of the right, fairness, and feasibility of his great measure, which secures to the people of the public Territories, as well as to those of each and all the States, the right to settle all their local and domestic questions in their own way, and to decide for themselves, as the majority in each Territory should determine, whether they should have, or not have, slavery in their midst. This great doctrine of the people's right to decide their own domestic-affairs and polity, as the majority might clearly indicate, he held to and advocated to the day of his death. But he lived to realize the proud satisfaction of seeing his cherished principle ingrafted upon the legislation of the country by the very party that had struggled most to destroy it.

He was one of the people, and he labored all his life to promote their best interests. He believed, implicitly, in our free institutions, and ardently desired to have them spread all over this vast continent. Hence he advocated the annexation of Texas, of California, of Cuba, of closing up the Carribean sea against the further colonization of European Powers upon the western hemisphere. To the genius, energy, ability, and irresistible influence of STEPHEN A. DOUGLAS in Congress, were the people of Illinois indebted for the great grant of public land within the borders of their State, for railroad purposes, which caused the building of the Illinois Central railroad, running seven hundred miles through that great State, and contributing immensely to the population and wealth of its inhabitants, who honor the great statesman's memory for his gigantic work in behalf of their Commonwealth.

For his great energy and success in carrying through Congress measures for the establishment of ocean steam mail lines between New York city and San Francisco, and the celebrated Collins line, between New York and Liverpool, the people of our whole country have been greatly indebted. He stood up for those lines, and was mainly instrumental in carrying them through Congress, against much formal and official opposition. They proved a brilliant success, and established the wisdom of his action for their creation:

On the questions which convulsed the nation in 1850 he stood a giant among a race of giants and patriots, and did yeoman's service in the work of restoring peace and tranquillity to a distracted country.

As a candidate for the Presidency in 1860, Judge DOUGLAS took an exalted position in favor of popular rights-a bold and fearless stand against disunion, and poured forth to the North and the South, without equivocation, his anathemas against the heresies of both sections. He received upwards of one million three hundred thousand votes for President; but was defeated. Murmurings and discontent arose in the land; and ere his successful competitor took the oath of office, the work of disintegration was rapidly progressing.

Judge DOUGLAS repaired to the Senate, and exerted his mighty powers of mind to restore peace and harmony; and never did his great intellect display more lofty statesmanship, or his noble heart more disinterested patriotism. It was his last senatorial battle. But the clash of intellect has given way to the clash of arms; the panorama of events predicted by him are passing rapidly before us. It is the broken sword, the war steed without his rider, falling columns and crumbling monuments, prostrate commerce and a bankrupt treasury, weeping widows and fatherless children. While the statesman, whose death we so profoundly mourn, believed that the Government would be maintained, yet his great soul was exceedingly sorrowful when he contemplated the horrors of

civil strife, which he believed to be inevitable; but he now quietly sleeps in that city peopled by the departed; his stormy voice is mute; his patriotic heart, which, when living, was moved by the noblest emotions of our nature, lies calm and motionless in the grave. DOUGLAS is dead!

The question was taken; and the resolutions were agreed to.

The House thereupon (at four o'clock, p. m.) adjourned.

IN SENATE. WEDNESDAY, July 10, 1861. Prayer by Rev. BYRON SUNDERLAND, D. D. The Journal of yesterday was read and approved.

PETITIONS.

the

Mr. TEN EYCK. I ask leave to present memorial of citizens of Camden, in the State of New Jersey, praying that, as an act of justice to the survivors of the war of 1812, all who survived in said war, or were ever actually engaged in war, the surviving widows of any who have died, or may hereafter die, may be placed on the pension rolls of the United States. As I hold the right of petition to be sacred in the people, I present the memorial, and ask that it may be referred to the Committee on Pensions, even at this special

session.

The memorial was referred to the Committee on Pensions.

Mr. TRUMBULL. I ask leave to present the petition of a public meeting of the citizens of Mendotah, in the State of Illinois, asking for certain amendments to the Constitution of the United States; among which is, that it be so amended as to abolish slavery in all the States which have attempted to secede; another, to abolish slavery in the loyal States by purchase; another, that the President of the United States enter upon the discharge of his duties immediately after his election; and various other amendments, rendering incapable of holding office all persons engaged in the conspiracy against the Government. I ask that it be laid on the table.

The petition was ordered to lie on the table.

REPORT FROM A COMMITTEE.

Mr. WILSON, from the Committee on Military Affairs and the Militia, to whom was referred the bill (S. No. 3) providing for the better organization of the military establishment, reported it with amendments.

BILLS INTRODUCED.

Mr. SAULSBURY asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 8) to renew and continue the pension allowed to Olivia W. Cannon; which was read twice by its title, and referred to the Committee on Pensions.

RETIRED LIST.

Mr. GRIMES. I ask leave to introduce a bill with a view to reference, of which no previous notice has been given.

There being no objection, leave was granted; and the bill (S. No. 7) to promote the efficiency of the Army and Navy was read twice by its -title.

Mr. GRIMES. Mr. President, I move that the bill be referred to the select committe of which the Senator from Massachusetts [Mr. WILSON] is chairman. I desire to say that, in drafting the bill, I have adopted, without any alteration, the first four sections of the bill introduced by the Senator from Massachusetts, which relate to the retirement of the Army officers. In the succeeding five sections, which relate to the retirement of Navy officers, an attempt has been made to assimilate the provision in relation to retiring Navy officers to the four preceding sections, which relate to the Army officers.

It is provided, in the first place, that any naval officer who has been in the service of the United States more than forty years may voluntarily retire upon his leave-of-absence pay. It, in the next place, provides that any officer who shall be disabled or rendered incompetent to discharge the duties that appertain to his station, by reason of any wound received in actual conflict with the enemy, shall be retired upon his sea pay. It then provides that "whenever, in the judgment of the President, an officer of the Navy shall be in any

way incapacitated from performing his duty, he shall direct the Secretary of the Navy to refer the case to a board of not more than nine or less than five commissioned officers, superiors in rank, to examine into the fitness and the competency of the officer; which board shall preserve a record of their proceedings and the testimony submitted before them, and transmit the same to the Secretary of the Navy, to be laid before the President for his approval or disapproval. The board shall report whether, in its judgment, the incapacity resulted from long and faithful service, from wounds or injuries received in the line of duty, from sickness or exposure, or from any other incident of service. If the disability arose from either of these causes, the officer shall be retired with leave-of-absence pay; if from other causes, he may be retired on furlough pay, or he may be wholly retired, and his name stricken from the Register." In the fourth place, it provides that retired officers shall be entitled to wear the uniform of their grade, to continue to be borne upon the Navy Register, subject to the rules of war, to trial by general court-martial, and to be assigned to such duty as the exigencies of the service may require, and the President may deem them capable of performing.

.The bill was referred to the select committee

appointed to consider the bill (S. No. 4) to promote the efficiency of the Army.

ARMY AND NAVY REGISTERS.

Mr. ANTHONY. I desire to offer a resolution, which goes to the Committee on Printing:

Resolved, That three thousand copies of the Army Register and fifteen hundred copies of the Navy Register be printed for the use of the Senate.

The resolution was referred to the Committee on Printing.

ELECTION OF CHAPLAIN.

Mr. HALE submitted the following resolution; which was considered by unanimous consent, and agreed to:

Resolved, That the Senate do now proceed to elect a Chaplain of the Senate for this present Congress.

The Senate proceeded to ballot for Chaplain; and the ballots having been collected and canvassed, the result was announced as follows: Whole number of votes cast, 35; necessary to a choice, 18; of which

Rev. Byron Sunderland received.
Rev. Mr. Norwood....

Rev. Goldsmith D. Carroll........

33

Rev. BYRON SUNDERLAND, having received a majority of the whole number of votes, was declared elected Chaplain of the Senate for the present Congress.

MESSAGE FROM THE HOUSE.

A message from the House of Representatives, by Mr. ETHERIDGE, its Clerk, announced that the House had passed a bill (No. 15) to provide for the payment of the militia and volunteers called mation of the President, dated April, 1861, from into the service of the United States, by proclathe time they were called into service to the 30th day of June, 1861.

On motion of Mr. FESSENDEN, the bill was read twice by its title, and referred to the Committee on Finance.

The message further announced that the House had passed the joint resolution of the Senate, (No. 2) to remit the duties on certain arms imported into the United States.

EXPULSION OF SENATORS.

Mr. CLARK. I have a resolution to offer. I notice that I will call it up to-morrow. do not ask for its present consideration, but give

The resolution was read, as follows: Whereas a conspiracy has been formed against the peace, union, and liberties of the people and Government of the United States; and in furtherance of such conspiracy a portion of the people of the States of Virginia, North Carolina, South Carolina, Tennessee, Arkansas, and Texas, have at tempted to withdraw those States from the Union, and are now in arms against the Government; and whereas JAMES M. MASON and ROBERT M. T. HUNTER, Senators from Virginia; THOMAS L. CLINGMAN and THOMAS BRAGG, Senators from North Carolina; JAMES CHESNUT, Jr., a Senator from South Carolina; A. O. P. NICHOLSON, a Senator from Tennessee; WILLIAM K. SEBASTIAN and CHARLES B. MITCHEL, Senators from Arkansas; and JouN HEMPHILL and Louis T. WIGFALL, Senators from Texas, have failed to appear in their seats in the Senate and to aid the Government in this important crisis; and it is apparent to the Senate that said Senators are engaged in said conspiracy for the destruction

of the Union and Government, or with full knowledge of such conspiracy have failed to advise the Government of its progress or aid in its suppression: Therefore,

Resolved, That the said MASON, HUNTER, CLINGMAN, BRAGG, CHESNUT, NICHOLSON, SEBASTIAN, MITCHEL, HEMPHILL, and WIGFALL, be, and they hereby are, each and all of them, expelled from the Senate of the United States.

APPROVAL OF PRESIDENTIAL ACTS.

The VICE PRESIDENT. The joint resolution (S. No. 1) to approve and confirm certain acts of the President of the United States, for suppressing insurrection and rebellion, is the first business on the Calendar, and it will now be considered.

The joint resolution was read, as follows:

Whereas, since the adjournment of Congress, on the 4th day of March last, a formidable insurrection in certain States of this Union has arrayed itself in armed hostility to the Government of the United States, constitutionally administered; and whereas the President of the United States did, under the extraordinary exigencies thus presented, exercise certain powers and adopt certain measures for the preservation of this Government--that is to say: First. He did, on the 15th day of April last, issue his proclamation calling upon the several States for seventy-five thousand men to suppress such insurrectionary combinations, and to cause the laws to be faithfully executed. Secondly. He did, on the 19th day of April Jast, issue a proclamation setting on foot a blockade of the ports within the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas. Thirdly. He did, on the 27th day of April last, issue a proclamation establishing a blockade of the ports within the States of Virginia and North Carolina. Fourthly. He did, by order of the 27th day of April last, addressed to the Commanding General of the Army of the United States, authorize that officer to suspend the writ of habeas corpus at any point on or in the vicinity of any military line between the city of Philadelphia and the city of Washington. Fifthly. He did, on the 3d day of May last, issue a proclamation calling into the service of the United States forty-two thousand and thirty-four volunteers, increasing the regular Army by the addition of twenty-two thousand seven hundred and fourteen men, and the Navy by an addition of eighteen thousand seamen. Sixthly. He did, on the 10th day of May last, issue a proclamation authorizing the commander of the forces of the United States on the coast of Florida to suspend the writ of habeas corpus, if necessary. All of which proclamations and orders have been submitted to this Congress. Now, therefore,

Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That all of the extraordinary acts, proclamations, and orders, hereinbefore mentioned, be, and the same are hereby, approved and declared to be in all respects legal and valid, to the same intent, and with the same effect, as if they had been issued and done under the previous express authority and direction of the Congress of the United States.

The VICE PRESIDENT. The joint resolution is now before the Senate as in Committee of the Whole, and open to amendment.

Mr. CLARK. I move to amend the resolution by striking out on the second page, from the word"increasing," to the word "seamen," in

clusive.

The words proposed to be stricken out are: "Increasing the regular Army by the addition of twentytwo thousand seven hundred and fourteen men, and the Navy by an addition of eighteen thousand seamen." So that the clause will read:

Fifthly. He did, on the 3d day of May last, issue a proclamation calling into the service of the United States forty-two thousand and thirty-four volunteers.

I make the motion because I understand that the increase of the Army and the increase of the Navy are to be provided for by another bill-not that I have any hostility to either of these measures, but they may be provided for there. I do not know that anything has been done towards increasing the Army or Navy, which must be necessarily made by law retroactive. If there has been anything of that kind done, Senators can inform us, so that we can see the necessity

of the case.

Mr. WILSON. A plan has been arranged for the organization of eleven regiments for the Army. Officers have been appointed, commissioned with some qualifications, sent to certain points of the country, and money has been placed in their hands to fill up the ranks of the Army. In regard to filling up the Navy, I understand that of the eighteen thousand men ordered for the Navy several thousand have been enlisted, and are now in the employment of the Government. I do not think it wise to strike out this provision; I think it had better remain there. When we come to the bill for the organization of the Army, and when the Committee on Naval Affairs bring in a bill with regard to the Navy, we shall have full power to modify, direct, and control this whole question. I think we had better at present merely indorse and legalize what the Government has already done in the matter.

Mr. CLARK. The difficulty that I had about

the matter was, that in the resolution now before the Senate, it is provided that these acts shall be "legal and valid to the same intent and with the same effect as if they had been issued and done under the previous express authority and direction of the Congress of the United States." Now, what power have we over the increase of the Army and the increase of the Navy, if we do legalize the acts which the President has already done? He has called out so many men, and dívided them into so many regiments. Can we say he shall not bring out those men, or have so many regiments? And so in regard to the Navy. It seems to me that if this resolution is adopted as it now is, there will be very little left for us to do. If, however, as I have no hostility to either of those measures, and shall probably vote for them, the Senate is ready to adopt them in this way, I am entirely content; only I want to call the attention of the Senate to the condition of things.

Mr. POLK. For one, sir, I prefer that this joint resolution should go over until another day. At some time or other-I am not ready to do so now-I may desire to express some views in opposition to it. The President tells us also, that we are to have an opinion from the Attorney General that will bear on the subject-matter of this resolution. I presume that there are other gentlemen, also, who wish to address the Senate on the subject. I do not see that there is any particular hurry for it, and I would prefer myself, for one, that the resolution should not be considered or passed-to-day, but should go over until to-morrow, or some other day that will be agreeable to the Senate.

Mr. McDOUGALL. I think it of vast importance that all this business be done promptly. I came here to indorse the preliminary action of the Government. I hope that may be done, and that all our bills may pass without debate.

Mr. FESSENDEN. Mr. President, with the permission of the Senate I will say a word upon the idea thrown out by the Senator from Missouri. It is very evident to everybody that it is quite important that this session of Congress should be a short one, and that we should act promptly upon the measures that are brought before the Senate. Therefore, it cannot be expected that business will take the course that it has ordinarily taken with reference to the action upon bills. We have but three or four subjects to act upon. They are extraordinary; called for by an extraordinary occasion. Hence, while there certainly can be no objection to giving any time that is absolutely necessary for the gentleman to make what remarks he chooses to make on the subject, it is altogether beyond any reasonable expectation that business shall go on as it has done at ordinary sessions, and be protracted from day to day on the mere suggestion of Senators that on some future occasion they desire to make remarks upon it; because in that way the session of Congress might be protracted until the next regular session, and delays, which are not only dangerous but at this particular time positively injurious, would necessarily take place. For this reason, while I should certainly have no objection to deferring the consideration of this subject until to-morrow, if the Senator is not ready to-day, I shall oppose any further postponement after that.

been in session nearly one week, and we have done nothing as yet. Here is a resolution plain and simple to the comprehension of every man, and I hope the Senate will continue to consider this measure until it is ready to vote upon it, and that we shall continue to press our business as rapidly as possible. I suppose no one wishes to sit here during the hot days of summer for any great length of time. It seems to me we might as well adjourn a week from this time as not, without any trouble. I hope, therefore, that this measure will not be laid aside. If the Senator does not wish to speak to-day, there are other tions of the same kind upon which he can address the Senate. Here are half a dozen bills relating to the Army before the Senate. I hope, therefore, that the Senator will not ask us to lay this resolution aside at this time, and I hope the Senate will continue the consideration of it until it is ready to vote upon it.

Mr. SAULSBURY. Mr. President, although it is true that the Senate has been in session for nearly a week, it is equally true that this joint resolution has only been on the tables of Senators for about one day, having been placed there yesterday. It would therefore, I apprehend, be hurrying us somewhat in the indorsement of every act the Administration has done to require that we should now proceed to the discussion of the very grave questions of constitutional law involved in the consideration of this resolution. Whatever necessity there may be for pressing the consideration of other bills, there can be none for pressing the consideration of this resolution, for it proposes no act tending to the relief of the country. It is a simple indorsement of the acts which the President of the United States has seen proper to do. I am not here, on this motion to postpone, to say that any of those acts are wrong. I think the President of the United States has been justified in some of the acts that he has done; but there may be very serious questions arising whether every Senator on this side of the floor can be expected in this summary manner to indorse all his acts.

Mr. CLARK. I understand that this resolution has been before the Committee on Military Affairs, and that they are unanimous upon it. As I said, I am in favor of the measures indicated by this clause of the resolution; and lest I should be supposed to be delaying in any way the measures of the Administration, if I may be permitted to do so, I will withdraw the amendment I offered.

The VICE PRESIDENT. The Senator can withdraw his amendment. The amendment is withdrawn. If no further amendment be offered, the bill will be reported to the Senate.

Mr. POLK. I believe I moved to postpone the bill until to-morrow.

The VICE PRESIDENT. The Chair did not understand the Senator as making the motion. The question is on the motion to postpone.

Mr. DIXON. I hope that may not be done. It seems to me we may proceed to the consideration of this joint resolution for the reasons given by the Senator from Massachusetts. I trust it will not be postponed.

Mr. MCDOUGALL. I wish simply to say, that I think this matter has been considered by every Senator, and counsel will be of little avail here among ourselves. There is no Senator on this floor who has not made up his mind about what he is going to do. I am prepared to act on it now, and I should like to see it disposed of at

once.

Mr. WILSON, Mr. President, the Senate has

Provided, That within six months after the constitutional

authority of the United States Government shall be reëstablished, and organized resistance to such authority shall no longer exist, the standing Army shall be reduced in its organization to the footing, in rank and numbers, authorized by law on the 1st day of July, 1861.

It will be perceived that this is a simple proposition, which does not go into detail or propose how it shall be done; but it is like the ratification of acts of the President, which requires subsequent bills to carry it out.

Mr. LATHAM. I desire to make a simple statement in relation to my own course upon this joint resolution. During my absence from the Senate, I understand the Senator from New Hampshire [Mr. CLARK] stated that the Committee on Military Affairs were unanimous in reporting it. Such was not the case. I believe all the committee present agreed to all its provisions except myself. I agree to all the propositions indorsed by this joint resolution, with two exceptions; and I am not prepared to indorse the action of the President in relation to these two unless further information is given to this body than that which is now before it. I have as yet seen no necessity, nor have I heard a good reason given--and I have made some inquiries in relation to it-why the regular Army was permanently increased prior to the assembling of Congress. So far as the exigencies of the country were concerned, making it necessary to order out the military, I believed that the volunteer force of the country would have been sufficient and ample for such exigencies. 1 know that the Committee on Military Affairs, and I think Congress itself, will find great embarrassment growing out of this increase of the regular Army of the country.

So far as the proclamation suspending the writ of habeas corpus between the city of Philadelphia and Washington city is concerned, I have as yet heard no reason for that extraordinary measure. I am not prepared to indorse blindfold everything the Government may do. While I am perfectly willing to give my sanction to all acts of the Government which may have been deemed requisite to sustain its dignity and its honor, and to enforce obedience to its laws, beyond that I am not willing to go; and therefore, without additional light, I shall feel it my duty to vote against the fourth and fifth propositions in the preamble named by this joint resolution.

The VICE PRESIDENT: The question is on the amendment submitted by the Senator from New York.

Mr. HALE. I move to amend the amendment of the Senator from New York, by adding immediately after the word "Army," the words "and Navy"

Mr. KING. I have no objection to that. The VICE PRESIDENT. Does the Senator accept it as part of his own?

Mr. KING. Yes, sir.

The VICE PRESIDENT. The question will be on the amendment offered by the Senator from New York, as modified.

Mr. HALE. I hope the amendment will be adopted. While I am willing to sanction everything that the President has done, so far as I know in this matter, I think we have need of abundant caution, that we are not at this time run into measures that look to a permanent increase either of the Navy or the Army. There is no single feature of the great movement that has taken place in the loyal States that has given me greater and more unalloyed satisfaction than the generous rallying of the people, with blood and treasure, at a moment's call; demonstrating the great truth upon which every republican Government must rest now and forever, that there is no great necessity for standing armies here. You do not want standing armies. This movement has shown that the whole of the free States are a great standing army. When the telegraphic dispatch came from the Secretary of War to the Governor of the Commonwealth of Massachusetts, he had a regiment gathered from the various towns in the Commonwealth, under way marching to the seat of Government, in less time than a regiment of the regular Army ordinarily moves out of barracks after they have been ordered to move. [Applause in the galleries.]

My friend from Maine [Mr. FESSENDEN] asks me how it was in New Hampshire? I will tell him how it was. We had entirely lost all military organization in New Hampshire. When the order arrived there, it was sent to the towns,

and the men rallied instantly. I do not know any word that can express it better. In my own town the recruiting officer got his orders to open the enlistment about six o'clock in the evening, and before he went to bed that night he had enlisted seventy-five men. As we had no organization, the Secretary of War named a day when he would want the troops. He did not call upon them, as in Massachusetts, instantly. When the day arrived, the Secretary was notified that they were ready; and they were ready, and came into the field, I think, as well prepared, inside and out, with all the equipments, as any regiment that ever went to the field. I do not know why the question was asked, for I certainly was not aware that we had been lagging.

Mr. FESSENDEN. I will explain to the Senator, for fear of being misunderstood. In the free States-the loyal States-everywhere the people were ready instantly. My question was designed to call out just the fact that in nearly all the States the military organization had been so entirely abandoned that it took very considerable time to create an organization and bring them into the field. Fortunately, such was not the case in Rhode Island and Massachusetts.

Again, sir, I ask that the Senator from New York will withdraw his amendment, that the Senator from New Hampshire will consent also to withdraw his, and that the vote shall be taken on merely legalizing the action of the past; and that, in the bills to increase the military and naval force of the country, they will move their amendments, and test the judgment of the Senate upon them.

In regard to the increase of the standing Army, I have yet, in my humble comprehension, to find anywhere the authority that has been given to the President to exercise a power which, to say the least of it, is so dangerous in its results. I am not prepared, therefore, to vote for this resolution in all its parts. I am free to say, again, that I am prepared to support the Administration in all legal and constitutional measures for the reconstruction of the Union. I desire to say again that no Senator on this floor more justly appreciates the value of this Union than I do; none will go further to maintain it; but we must look at one naked fact, that the Government is already dissolved; and, without going back to the causes that have produced this state of things, we must look to some means by which a republican representative free Goverment may either be maintained or reconstructed upon the basis of the Constitution of the United States. Therefore, sir, hold

While I am up, as I intend to talk but very little, I want to say another thing. There is another set of men that I desire to make war upon worse than upon the secessionists, the rebels, and traitors-the harpies that hang around your Departments, who want to grow fat upon the public misfortune; who want to enrich themselves upon the hard earnings of the people, which are so generously tendered to this Government. I want to guard, if it may be possible, the public treasure in all its administration, as well from being stolen by rebels as being filched by false friends; and I hope, sir, that we shall effect both these things.

Mr. KENNEDY. Mr. President, I desire to say one word before the vote is taken upon this extraordinary measure. I did not come here with any expectation on my part to interpose any factious opposition to the course of legislation; but, sir, like my friend behind me, [Mr. LATHAM,] 1 think there are very grave considerations involved in this resolution, that I am not prepared to indorse. While I am prepared to sustain the Administration in all just and constitutional measures for the maintenance of the Union and for the restoration of peace, I cannot go quite so far as to indorse all the propositions laid down in this joint resolution. I think that one or two of the propositions in it are calculated to establish a precedent that may result very disastrously, and seriously affect the future interests of the country. To say the least of it, they are establishing a precedent that may be seized upon hereafter, under the plea of necessity, for gross and palpable aggressions upon the Constitution of the country itself.

I am not now disposed to go into a discussion of the subject further than to enter my protest against the adoption of these propositions. I allude especially to the fourth proposition in regard to the suspension of the writ of habeas corpus in the State of Maryland. As one of the Representatives of that State, I desire to say in all sincerity to the Senate that, to-day, I am not informed of the reasons upon which this writ has been suspended in any particular case in the State of Maryland. In my judgment, there was no immediate necessity for it. The State of Maryland is to-day, and was before the military occupation of that State, entirely within the control of the civil authorities of the State. We are here to-day with a representation in Congress for the maintenance of the Union and the preservation of peace, elected by a larger majority than has ever been given heretofore in that State. Six Reprc

Congress to all coercive measures; regarding the doctrine of coercion as tending more effectually to the disunion of this great Confederacy than any other that was brought before it, I cannot now carry out all these excessive measures of force upon the plea of necessity or the extraordinary exigencies of the times. If we are to maintain the Government intact; if we are to maintain the principles of the Government which has carried us so far on the highway of greatness and of national renown, we must take care not to violate the Constitution when we claim to maintain the Constitution and to enforce the laws. In enforcing the laws we must have a scrupulous regard to the maintenance of the Constitution in all its parts. Therefore, sir, acting upon that principle, I, for one, cannot consent to indorse all the acts of the President, and especially the fourth and fifth propositions contained in this joint resolution. I trust it may lie over until to-morrow.

Mr. WILSON. I hope the Senator from New York will consent to withdraw the amendment he has proposed, and I certainly hope that the Senator from New Hampshire, who is chairman of the Committee on Naval Affairs, will, in his own bill regulating naval affairs, settle this matter for himself. Here, sir, is a recital of the public proclamations of the President of the United States, stating the day on which the proclamations were issued, and the subjects of the proclamations; and here is a resolution affirming and legalizing his acts. Why cannot the Senator from New York, on the bill to increase the Army, make his proposition? Why cannot the Senator from New Hampshire make his on the bill that will be reported in regard to the Navy? Why should we put these amendments upon a simple proposition to legalize the acts of the President of the United States, performed under the circumstances in which these acts were performed? I hope that the Senator from New York will withdraw his amendment, and that he will move it upon the bill to increase the Army. That is, the fitting and proper place for it, and on that he can have the the full expression of the views of the Senate. Everybody knows that these acts of the Administration were forced upon it by the condition of the country. The Administration felt that it must exercise all the powers within the Constitution to save the Union. The legislation of the country had not provided the necessary means, and the President took the responsibility, and in doing it he was then sustained by the voice of the loyal portion of the country; and I am sorry now, when those acts have saved this capital and this Government, that there should be any doubt or any hesitation in legalizing by our votes the action of the Government of the country, extorted from it in an emergency.

Mr. KING. My friend from Massachusetts does not act with his usual fairness in presenting this question in the manner in which he has done

country which none of us one year ago expected ever to see. I yield neither to him nor to any other man in the country in my hearty and thorough approval of every act of this Administration which has been calculated to meet and suppress this insurrection by force. If there has been any unnecessary delay, that is another question; but I do not come here in the slightest manner to criticise. I am happy in being able to say that I heartily concur in and approve of the measures which have been taken for the defense and protection of the Government, and for the suppression and extinction and destruction of the insurrection; and I am willing to vote any amount of men and of money, and do any other act, as I believe the people of this country are ready to come forward and see that the Government of the United States is maintained, and that but one flag, and that the star-spangled banner, shall fly in the air of this country anywhere within its boundaries. [Applause in the galleries.]

Mr. BAKER. Mr. President, allow me to say here, that at the last session of Congress I gencrally opposed interference with the galleries in a hearty expression of applause for a free and noble sentiment. In my judgment, however, the case is now very different. We are legislating in the midst of a great camp, and I trust that it will be proper to seize this early opportunity to say that I shall deem it my duty to move that the galleries be cleared upon any manifestation of expression of either applause or disapprobation in relation to anything that may be said or done here. We must preserve the most entire decorum and the most perfect independence of action, free from any appearance of interference by bodies of men, either armed or otherwise.

Mr. HALE. As a great many of the audience are strangers, and probably were never in the city before, they may not be aware of the stringent nature of our rules, and I suggest to the consideration of the Chair that it may be well enough to have the rule read and the audience informed that any such manifestations are decidedly contrary to the rules of this body.

The VICE PRESIDENT. There is, it is believed, no express rule covering the case, but it comes under the general rule which makes it the duty of the Presiding Officer to preserve order in the body; and one of his duties is to preserve order in the galleries; and the Chair will feel compelled, on the repetition of demonstrations of the character which have been witnessed, to order the galleries to be cleared and the doors to be closed.

Mr. KENNEDY. I would suggest that, in order to carry out the views of the Senate, the Sergeant-at-Arms be directed to post on the doors of the galleries the rules of the Senate in regard to violations of order.

Mr. BRIGHT. I ar am very glad to hear the Chair make the announcement it has made. I, for one Senator, make my acknowledgments for the declaration that the Chair will take upon itself the responsibility of enforcing the rules of this body without requiring Senators to rise and make the motion. Our rules are plain and positive; and we are all entitled to the protection of the rules. Some of us may, before we adjourn, utter sentiments not in accordance with what is the sentiment of the galleries. It is highly improper that they should express their approbation or disapprobation; and I am glad to hear the Chair announce thus carly, in advance, that the Chair itself will enforce the rules.

Mr. KING. Mr. President, I concur entirely with the sentiments expressed by several Senators here, that the most strict order should be observed in this body. I have never approved of any exhibition of opinion, either in the way of applause or condemnation, from the galleries. This is a deliberative body, representing the sen