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violation of the Constitution and of his oath of office, of eighty-five thousand soldiers enlisted for three and five years, and already in the field. And yet the President now asks us to support the Army which he has thus raised; to ratify his usurpations by a law ex post facto, and thus to make ourselves

Sir, upon this point I do not speak without the highest authority. In the very midst of the South Carolina nullification controversy, it was suggested that in the recess of Congress, and without a law to govern him, the President, Andrew Jackson, meant to send down a fleet to Charleston and blockade the port. But the bare sugges-parties to our own degradation, and to his infraction called forth the indignant protest of Daniel Webster, himself the arch enemy of nullification, and whose brightest laurels were won in the three years' conflict in the Senate Chamber with its ablest champions. In an address, in October, 1832, at Worcester, Massachusetts, to a National Republican convention-it was before the birth, or christening at least, of the Whig party-theerals, brigadier generals, colonels, lieutenant colgreat expounder of the Constitution said:"

"We are told, sir, that the President will immediately employ the military force, and at once blockade Charles ton: A military remedy, a remedy by direct belligerent operation, has thus been suggested, and nothing else has been suggested, as the intended means of preserving the Union. Sir, there is no little reason to think that this suggestion is true. We cannot be altogether unmindful of the past, and therefore we cannot be altogether unapprehensive for the future. For one, sir, I raise my voice beforehand against the unauthorized employment of military power, and against superseding the authority of the laws, by an armed force, under pretense of putting down nullification. The President has no authority to blockade Charleston."

Jackson! Jackson, sir! the great Jackson! did not dare to do it without authority of Congress; but our Jackson of to-day, the little Jackson at the other end of the avenue, and the mimic Jacksons around him, do blockade, not only Clarleston harbor, but the whole southern coast, three thousand miles in extent, by a single stroke of the pen.

"The President has no authority to employ military force till he shall be duly required"

Mark the word:

"required so to do by law and the civil authorities. His duty is to cause the laws to be executed. His duty is to support the civil authority”—

As in the Merryman case, forsooth; but I shall recur to that hereafter:

"His duty is, if the laws be resisted, to employ the military force of the country, if necessary, for their support and execution; but to do all this in compliance only with law and with decisions of the tribunals. If, by any ingenious devices, those who resist the laws escape from the reach of judicial authority, as it is now provided to be exercised, it is entirely competent to Congress to make such new provisions as the exigency of the case may demand.”

Treason, sir, rank treason, all this to-day. And yet, thirty years ago, it was true Union patriotism and sound constitutional law! Sir, I prefer the wisdom and stern fidelity to principle of the fathers.

Such was the voice of Webster, and such too, let me add, the voice, in his last great speech in the Senate, of the DOUGLAS, whose death the land

now mourns.

tions of the Constitution. Meanwhile, however, he has taken good care, not only to enlist the men, organize the regiments, and muster them into service, but to provide in advance for a horde of forlorn, wornout, and broken down politicians of his own party, by appointing, either by himself or through the Governors of the States, major gen

onels, majors, captains, lieutenants, adjutants, quartermasters, and surgeons, without any limit as to numbers, and without so much as once saying to Congress "By your leave, gentlemen.'

Beginning with this wide breach of the Constitution, this enormous usurpation of the most dangerous of all powers-the power of the swordother infractions and assumptions were easy; and after public liberty, private right soon fell. The privacy of the telegraph was invaded in the search after treason and traitors; although it turns out, significantly enough, that the only victim, so far, is one of the appointees and especial pets of the Administration. The telegraphic dispatches, preserved under every pledge of secrecy for the protection and safety of the telegraph companies, were seized and carried away without search warrant, without probable cause, without oath, and without description of the places to be searched or of the things to be seized, and in plain violation of the right of the people to be secure in their houses, persons, papers, and effects, against unreasonable searches and seizures. One step more, sir, will bring upon us search and seizure of the public mails; and finally, as in the worst days of English oppression-as in the times of the Russells and the Sydneys of English martyrdom of the drawers and secretaries of the private citizen; though even then tyrants had the grace to look to the forms of the law, and the execution was judicial murder, not military slaughter. But who shall say that the future Tiberius of America shall have the modesty of his Roman predecessor, in extenuation of whose character it is written by the great historian, avertit occulos, jussitque scelera non spectavit.

Sir, the rights of property having been thus wantonly violated, it needed but a little stretch of usurpation to invade the sanctity of the person; and a victim was not long wanting. A private citizen of Maryland, not subject to the rules and articles of war-not in a case arising in the land or naval forces, nor in the militia when in actual service is seized in his own house, in the dead hour of night, not by any civil officer, nor upon any civil process, but by a band of armed soldiers, under the verbal orders of a military chief, and is ruthlessly torn from his wife and his children, and hurried off to a fortress of the United States-and that fortress, as if in mockery, the very one over whose ramparts had floated that star-spangled banner immortalized in song by the patriot prisoner who,

"By the dawn's early light," saw its folds gleaming amid the wreck of battle, and invoked the blessings of Heaven upon it, and prayed that it might long wave—

"O'er the land of the free and the home of the brave." And, sir, when the highest judicial officer of

Next after the blockade, sir, in the catalogue of daring executive usurpations, comes the proclamation of the 3d of May, and the orders of the War and Navy Departments in pursuance of ita proclamation and usurpation which would have cost any English sovereign his head at any time within the last two hundred years. Sir, the Constitution not only confines to Congress the right to declare war, but expressly provides that "Congress (not the President) shall have power to raise and support armies;" and to "provide and maintain a navy." In pursuance of this authority, Congress, years ago, had fixed the number of officers, and of the regiments, of the different kinds of service; and also the number of ships, officers, marines, and seamen which should compose the Navy. Not only that, but Congress has repeat-the land, the Chief Justice of the Supreme Court, edly, within the last five years, refused to increase the regular Army. More than that still: in February and March last, the House, upon several test votes, repeatedly and expressly refused to authorize the President to accept the service of volunteers for the very purpose of protecting the public property, enforcing the laws, and collecting the revenue. And yet the President, of his own mere will and authority, and without the shadow of right, has proceeded to increase, and has increased, the standing Army by twenty-five thousand men; the Navy by eighteen thousand; and has called for and accepted the services of forty regiments of volunteers for three years, numbering forty-two thousand men, and making thus a grand army or military force, raised by executive proclamation alone, without the sanction of Congress, without warrant of law, and in direct

upon whose shoulders, "when the judicial ermine" fell, it touched nothing not as spotless as itself, the aged, the venerable, the gentle and pure minded Taney, who but a little while before had administered to the President the oath to support the Constitution and to execute the laws, issued, as by law it was his sworn duty to issue, the high prerogative writ of habeas corpus-that great writ of right, that main bulwark of personal liberty, commanding the body of the accused to be brought before him that justice and right might be done by due course of law, and without denial or delay; the gates of the fortress, its cannon turned towards, and in plain sight of the city where the court sat, and frowning from the ramparts, were closed against the officer of the law, and the answer returned that the officer in command has, by the authority of the President, suspended the writ

of habeas corpus. And thus it is, sir, that the accused has ever since been held a prisoner without due process of law; without bail; without presentment by a grand jury; without speedy or public trial by a petit jury of his own State or district, or any trial at all; without information of the nature and cause of the accusation; without being confronted with the witnesses against him; without compulsory process to obtain witnesses in his favor; and without the assistance of counsel for his defense. And this is our boasted American liberty? And thus it is, too, sir, that here, here, in America, in the seventy-third year of the Republic, that great writ and security of personal freedom which it cost the patriots and freemen of England six hundred years of labor and toil and blood to extort and to hold fast from venal judges and tyrant kings; written in the great charter at Runnymede by the iron barons, who made the simple Latin and uncouth words of the times, nullus liber homo, in the language of Chatham, worth all the classics; recovered and confirmed a hundred times afterwards, as often as violated and stolen away, and finally and firmly secured at last by the great act of Charles II, and transferred thence to our own Constitution and laws, has been wantonly and ruthlessly trampled in the dust. Ay, sir, that great writ, bearing, by special command of Parliament, those other uncouth but magic words, per statutum tricessimo primo Caroli secundi regis, which no English judge, no English minister, no king or queen of England, dare disobey; that writ brought over by our fathers and cherished by them as a priceless inheritance of liberty, an American President has contemptuously set at defiance. Nay, more, he has ordered his subordinate military chiefs to suspend it at their discretion! And yet, after all this, he coolly comes before this House and the Senate and the country, and pleads that he is only preserving and protecting the Constitution; and demands and expects of this House and of the Senate and the country their thanks for his usurpations of power; while outside of this Capitol, his myrmidons are clamoring for impeachment of the Chief Justice, as engaged in a conspiracy to break down the Federal Government!

Sir, however much necessity-the tyrant's plea-may be urged in extenuation of the usurpations and infractions of the President in regard to public liberty, there can be no such apology or defense for his invasions of private right. What overruling necessity required the violation of the sanctity of private property and private confidence? What great public danger demanded the arrest and imprisonment, without trial by common law, of one single private citizen, for an act done weeks before, openly, and by authority of his State? If guilty of treason, was not the judicial power ample enough and strong enough for his conviction and punishment? What, then, was needed in his case, but the precedent under which other men, in other places, might become the victims of executive suspicion and displeasure?

As to the pretense, sir, that the President has the constitutional right to suspend the writ of habeas corpus, I will not waste time in arguing it. The case is as plain as words can make it. It is a legislative power; it is found only in the legislative article; it belongs to Congress only to do it. Subordinate officers have disobeyed it; General Wilkinson disobeyed it, but he sent his prisoners on for judicial trial; General Jackson disobeyed it, and was reprimanded by James Madison; but no President, no body but Congress, ever before assumed the right to suspend it. And, sir, that other pretense, of necessity, frepeat, cannot be allowed. It had no existence in fact. The Constitution cannot be preserved by violating It is an offense to the intelligence of this House and of the country, to pretend that all this, and the other gross and multiplied infractions of the Constitution and usurpations of power were done by the President and his advisers out of pure love and devotion to the Constitution. But if so, sir, then they have but one step further to take, and declare, in the language of Sir Boyle Roche in the Irish House of Commons, that such is the depth of their attachment to it, that they are prepared to give up, not merely a part, but the whole of the Constitution, to preserve the remainder. And yet, if indeed this pretext of necessity be well founded, then let me say, that a cause which

it.

demands the sacrifice of the Constitution and of the

dearest securities of property, liberty, and life, cannot be just; at least it is not worth the sacrifice.

Sir, I am obliged to pass by, for want of time, other grave and dangerous infractions and usurpations of the President since the fourth of March. I only allude casually to the quartering of soldiers in private houses without the consent of the owners, and without any manner having been prescribed by law; to the subversion in a part at least of Maryland of her own State government and of the authorities under it: to the censorship over the telegraph, and the infringement repeatedly, in one or more of the States, of the right of the people to keep and to bear arms for their defense. But if all these things, I ask, have been done in the first two months after the commencement of this war, and by men not military chieftains and unused to arbitrary power, what may we not expect to see in three years, and by the successful heroes of the fight? Sir, the power and rights of the States and the people, and of their Representatives, have been usurped; the sanctity of the private house and of private property has been invaded; and the liberty of the person wantonly and wickedly stricken down; free speech, too, has been repeatedly denied; and all this under the plea of necessity. Sir, the right of petition will follow next-nay, it has already been shaken; the freedom of the press will soon fall after it; and let me whisper in your ear, that there will be few to mourn over its loss, unless, indeed, its ancient high and honorable character shall be rescued and redeemed from its present reckless mendacity and degradation. Freedom of religion will yield too, at last, amid the exultant shouts of millions, who have seen its holy temples defiled and its white robes of a former innocency trampled now under the polluting hoofs of an ambitious and faithless or fanatical clergy. Meantime national banks, bankrupt laws, a vast and permanent public debt, high tariffs, heavy direct taxtion, enormous expenditure, gigantic and stupendous peculation, anarchy first and a strong government afterwards, no more State lines, no more State governments, and a consolidated monarchy or vast centralized military despotism, must all follow in the history of the future, as in the history of the past they have, centuries ago, been written. Sir, I have said nothing, and have time to say nothing now, of the immense indebtedness and the vast expenditures which have already accrued, nor of the folly and mismanagement of the war so far, nor of the atrocious and shameless peculations and frauds which have disgraced it in the State governments and the Federal Government from the beginning. The avenging hour for all these will come hereafter, and I pass them by now.

I have finished now, Mr. Chairman, what I proposed to say at this time upon the message of the President. As to my own position in regard to this most unhappy civil war, I have only to say that I stand to-day just where I stood upon the fourth of March last; where the whole Democratic party, and the whole Constitutional Union party, and a vast majority, as I believe, of the people of the United States stood too. I am for peace, speedy, immediate, honorable PEACE, with all its blessings. Others may have changed: I have not. I question not their motives nor quarrel with their course. It is vain and futile for them to question or to quarrel with mine. My duty shall be discharged: calmly, firmly, quietly, and regardless of consequences. The approving voice of a conscience void of offense, and the approving judgment which shall follow "after some time be past," these, God help me, are my trust and my support.

this House of two hundred and thirty-seven mem-
bers-every State being present. It was a grand
and solemn spectacle; the embassadors of three
and thirty sovereignties and of thirty-one million
people, the mightiest republic on earth, in general
Congress assembled. In the Senate, too, and this
House, were some of the ablest and most distin-
guished statesmen of the country; men whose
names were familiar to the whole country-some
of them destined to pass into history. The new
wings of the Capitol had then but just recently been
finished, in all their gorgeous magnificence, and,
except a hundred marines at the navy-yard, not
a soldier was within forty miles of Washington.

only to my conscience and to my constituents,
and not to the gentleman from Indiana.
The CHAIRMAN. The time fixed for general
debate has now expired.

The bill was then read through. It provides that the Secretary of the Treasury be authorized to borrow on the credit of the United States, within twelve months from the passage of this act, a sum not exceeding $250,000,000, or so much thereof as he may deem necessary for the public service, for which he is authorized to issue certificates of coupon or registered stock, or Treasury notes, in such proportions of each as he may deem advisable; the stock to bear interest not exceeding seven per cent. per annum, payable semi-annually, irredeemable for twenty years, and after that period redeemable at the pleasure of the United States; and the Treasury notes to be of any denomination fixed by the Secretary of the Treasury, not less than fifty dollars, and to be payable three years after date, with interest at the rate of seven and three-tenths per cent. per annum, payable annually on the notes of fifty dollars, and semi-annually on the notes of a larger denomination. And the Secretary of the Treasury may also issue in exchange for coin, and as part of the above loan, or may pay for salaries or other dues from the United States, Treasury notes of a less denomination than fifty dollars, not bearing interest, but payable on demand by the Assistant Treasurers of the United States at Philadelphia, New York, or Boston, or Treasury notes bearing interest at the rate of three and sixty-five hundredths per cent., and exchangeable at any time for certificates of stock, or Treasury notes for fifty dollars and upwards, issued under the authority of this act, and bearing interest as specified above; provided, that no such exchange of such notes in any less amount than $100 shall be made at any one time.

Sir, the Congress of the United States meets here again to-day; but how changed the scene. Instead of thirty-four States, twenty-three only, one less than the number forty years ago, are here or in the other wing of the Capitol. Fortysix Senators and a hundred and seventy-three Representatives constitute the Congress of the now United States. And of these, eight Senators and twenty-four Representatives, from four States only, linger here yet as deputies from that great South which, from the beginning of the Government, contributed so much to mold its policy, to build up its greatness, and to control its destinies. All the other States of that South are gone. Twenty-two Senators and sixty-five Representatives no longer answer to their names. The vacant seats are, indeed, still here; and the escutcheons of their respective States look down now solemnly and sadly from these vaulted ceilings. But the Virginia of Washington and Henry and Madison, of Marshall and Jefferson, of Randolph and Monroe, the birth place of Clay, the mother of states and of presidents; the Carolinas of Pinck- || ney and Sumpter and Marion, of Calhoun and Macon; and Tennessee, the home and burial place of Jackson; and other States, too, once most loyal and true, are no longer here. The voices and the footsteps of the great dead of the past two ages of the Republic, linger still, it may be in echo, along the stately corridors of this Capitol; but their descendants from nearly one half of the States of the Republic will meet with us no more within these marble halls. But in the parks and lawns, and upon the broad avenues of this spacious city, seventy thousand soldiers have supplied their places; and the morning drum-certificate, and the coupon stock and Treasury beat from a score of encampments within sight of this beleaguered capital, give melancholy warning to the representatives of the States and of the people, that AMID ARMS LAWS ARE SILENT.

Sir, some years hence, I would fain hope some months hence, if I dare, the present generation will demand to know the cause of all this; and some ages hereafter the grand and impartial tribunal of history will make solemn and diligent inquest of the authors of this terrible revolution.

The Treasury notes and certificates of stock, issued under the provisions of this act, shall be signed by the First Comptroller or the Register of the Treasury, and by such other officer or officers of the Treasury as the Secretary of the Treasury may designate; and all such obligations, of the denomination of fifty dollars and upwards, shall be issued under the seal of the Treasury Department. The registered stock shall be transferable on the books of the Treasury on delivery of the

notes shall be transferable by delivery. The interest coupons may be signed by such person or persons as may be designated by the Secretary of the Treasury, who shall fix the compensation for the same.

The Secretary of the Treasury shall cause books to be opened for subscription to the Treasury notes for fifty dollars and upwards at such places as he may designate in the United States, and under such rules and regulations as he may prescribe, to be superintended by the assistant treasurers of the United States at their respective localities, and at other places by such depositaries, postmasters, and other persons as he may designate, notice thereof being given in at least two daily papers of this city, and in one or more public newspapers published in the several places where subscription books may be opened; and subscriptions for such notes may be received from

Mr. HOLMAN. Let me ask the gentleman from Ohio one question before he takes his seat. Is he in favor of the Government suspending its efforts to maintain the integrity of the Union, and of recognizing the so-called seceded States as a separate nationality? While he censures the policy of the Administration, we would like to know whether he goes with his constituents in demanding that the Constitution must and shall be pre-all persons who may desire to subscribe, any law

served?

Mr. VALLANDIGHAM. I will answer the gentleman in the words of a resolution, which I propose to offer at some future time. I ask the Clerk to read it.

The Clerk read, as follows:

Resolved, That the Federal Government is the agent of the people of the several States composing the Union; that it consists of three distinct departments-the legisla tive, the executive, and the judicial-each equally a part of the Government, and equally entitled to the confidence and support of the States and the people; and that it is the duty of every patriot to sustain the several departments of the Government in the exercise of all the constitutional powers of each which may be necessary and proper for the preservation of the Government in its principles and in its vigor and integrity, and to stand by and defend to the utmost the flag which represents the Government, the Union, and the country.

Sir, I have spoken freely and fearlessly to-day, as became an American Representative and an American citizen; one firmly resolved, come what may, not to lose his own constitutional liberties, nor to surrender his own constitutional rights in the vain effort to impose these rights and liberties upon ten millions of unwilling people. I have spoken earnestly, too, but yet not as one unmindful of the solemnity of the scenes which surround us upon every side to-day. Sir, when the Congress of the United States assembled here on the 3d of December, 1860, just seven months ago, the Senate was composed of sixty-six Senators, rep-speak for me on that subject. My position is deresenting the thirty-three States of the Union, and

Mr. HOLMAN. While the gentleman censures the Administration, let me ask him whether, with his own constituents, he is resolved that the Union shall be maintained?

Mr. VALLANDIGHAM. My votes shall

fined in the resolution just read. Lam answerable

to the contrary notwithstanding; and if a larger amount shall be subscribed in the aggregate than is required at one time, the Secretary of the Treasury is authorized to receive the same, should he deem it advantageous to the public interest; and if not, he shall accept the amount required by giving the preference to the smaller subscriptions; and the Secretary of the Treasury shall fix the compensations of the public officers or others designated for receiving said subscriptions; provided, that for performing this or any other duty in connection with this act, no compensation for services rendered shall be allowed or paid to any public officer whose salary is established by law; and the Secretary of the Treasury may also make such other rules and regulations as he may deem expedient touching the installment to be paid on any subscription at the time of subscribing, and further payments by installments or otherwise, and penalties for non-payment of any installment, and also concerning the receipt, deposit, and safekeeping of money received from such subscriptions until the same can be placed in the possession of the official depositaries of the Treasury,

=

any law or laws to the contrary notwithstanding. And the Secretary of the Treasury is also authorized, if he shall deem it expedient, before opening books of subscription as above provided, to exchange for coin or pay for public dues or for Treasury notes of the issue of 23d of December, 1857, and falling due on the 30th of June, 1861, or for Treasury notes issued and taken in exchange for such notes, any amount of said Treasury notes for fifty dollars and upwards not exceeding $40,000,000.

Before awarding any portion of the loan in stock authorized by this act, the Secretary of the Treasury, if he deem it advisable to issue proposals for the same in the United States, shall give not less than fifteen days' public notice in two or more of the public newspapers in the city of Washington, and in such other places of the United States as he may deem advisable, designating the amount of such loan, the place and the time up to which scaled proposals will be received for the same, the periods for the payment, and the amount of each installment in which it is to be paid, and the penalty for the non-payment of any such installments, and when and where such proposals shall be opened in the presence of such persons as he may choose to attend; and the Secretary of the Treasury is authorized to accept the most favorable proposals offered by responsible bidders; provided, that no offer shall be accepted at less than par.

The Secretary of the Treasury may, if he deem it advisable, negotiate any portion of said loan, not exceeding $100,000,000, in any foreign country, and may issue bonds or certificates of stock for the amount thus negotiated agreeably to the provisions of this act, the interest payable semiannually, either in the United States or at any designated place in Europe; and he is further authorized to appoint such agent or agents as he may deem necessary for negotiating such loan under his instructions, and for paying the interest on the same, and to fix the compensation of such agent or agents, and shall prescribe to them all the rules, regulations, and modes under which such loan shall be negotiated, and shall have power to fix the rate of exchange at which the principal shall be received from the contractors for the loan, and the exchange for the payment of the interest in Europe shall be at the same rate.

That whenever any Treasury notes of a denomination less than fifty dollars, authorized to be issued by this act, shall have been redeemed, the Secretary of the Treasury may reissue the same, or may cancel them and issue new notes to an equal amount; provided, that the aggregate amount of stock and Treasury notes issued under the provisions of this act shall never exceed the full amount authorized by the first section of this act; and the power to issue or reissue such notes shall cease and determine after the 31st of December, 1862.

The Secretary of the Treasury shall report to Congress, immediately after the commencement of the next session, the amount he has borrowed under the provisions of this act, of whom, and on what terms, with an abstract of all the proposals, designating those that have been accepted and those that have been rejected, and the amount of stock or Treasury notes that have been issued for the same.

The faith of the United States is solemnly pledged for the payment of the interest and redemption of the principal of the loan authorized by this act; and for the full and punctual payment of the interest the United States specially pledges the duties of impost on tea, coffee, sugar, spices, wines and liquors, and also such excise and other internal duties or taxes as may be received into the Treasury. All the provisions of the act entitled "An act to authorize the issue of Treasury notes," approved December 23, 1857, so far as the same can or may be applied to the provisions of this act, and not inconsistent therewith, are hereby revived or reenacted.

To defray all the expenses that may attend the execution of this act the sum of $200,000, or so much thereof as may be necessary, is appropriated, to be paid out of any money in the Treasury not otherwise appropriated.

Mr. STEVENS moved that the committee rise, and report the bill to the House with the recommendation that it do pass.

The motion was agreed to.

So the committee rose; and the Speaker having resumed the chair, Mr. COLFAX reported that the Committee of the Whole on the state of the Union had, according to order, had the Union generally under consideration, and particularly House bill No. 14, to authorize a national loan, and for other purposes, and had directed him to report the same back to the House without amendment.

Mr. STEVENS demanded the previous question on the engrossment and third reading of the bill.

The previous question was seconded, and the main question ordered; and under the operation thereof, the bill was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time..

Mr. ASHLEY demanded the yeas and nays on the passage of the bill.

The yeas and nays were ordered.

The question was taken; and it was decided in the affirmative-yeas 150, nays 5; as follows: YEAS-Messrs. Aldrich, Allen, Alley, Ancona, Arnold, Ashley, Babbitt, Goldsmith F. Bailey, Joseph Baily, Baker, Baxter, Beaman, Bingham, Francis P. Blair, Samuel S. Blair, Blake, George H. Browne, Buffinton, Calvert, Chamberlain, Ambrose W. Clark, Cobb, Colfax, Frederick A. Conkling, Roscoe Conkling, Conway, Cooper, Covode, Cox, Cravens, Crisfield, Crittenden, Curtis, Cutler, Davis, Dawes, Delano, Diven, Duell, Dunlap, Dunn, Edgerton, Edwards, Eliot, Ely, English, Fenton, Fessenden, Fisher, Fouke, Franchot, Frank, Gooch, Granger, Grider, Gurley, Haight, Hale, Harding, Harrison, Hickman, Holman, Horton, Hutchins, Jackson, Johnson, Julian, Kelley, Francis W. Kellogg, William Kellogg, Lansing, Law, Lazear, Leary, Lehman, Logan, Loomis, Lovejoy, McClernand, McKean, McKnight, Mallory, Menzies, Mitchell, Moorhead, Anson P. Morrill, Justin S. Morrill, Morris, Nixon, Noble, Noell, Nugen, Odell, Olin, Patton, George H. Pendleton, Perry, Pike, Pomeroy, Porter, Potter, Alexander H. Rice, John H. Rice, Richardson, Riddle, Robinson, Edward H. Rollins, James S. Rollins, Sedgwick, Shanks, Sheffield, Shellabarger, Sherman, Sloan, Spaulding, John B. Steele, William G. Steele, Stevens, Stratton, Benjamin F.Thomas, Francis Thomas, Thayer, Train, Trinible, Trowbridge, Upton, Vandever, Van Horn, Van Valkenburgh, Van Wyek, Verree, Vibbard, Voorhees, Wadsworth, Wall, Wallace, Charles W. Walton, E. P. Walton, Ward, Washburne, Webster, Wheeler, Whaley, Albert S. White, Chilton A. White, Wickliffe, Windom, Woodruff, Worcester, and Wright-150.

NAYS-Messrs. Burnett, Norton, Reid, Vallandigham, and Wood-5.

So the bill was passed. During the vote,

Mr. MOORHEAD stated that Mr. CARLILE was confined to his room by illness.

The vote was announced, as above recorded. Mr. STEVENS moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid upon the table. The latter motion was agreed to.

SUPPRESSION OF REBELLION, ETC. Mr. BINGHAM, by unanimous consent, introduced a bill to provide for the suppression of rebellion against, and resistance to, the laws of the United States, and to amend an act entitled "An act to provide for calling forth the militia to execute the laws of the Union," &c., passed February 29, 1795; which was read a first and second time, and referred to the Committee on the Judiciary.

FREE LETTERS FOR SOLDIERS.

Mr. VAN WYCK. I ask leave to introduce a bill to provide for forwarding letters free of postage to officers and soldiers engaged in the service of the United States.

Mr. BURNETT. I object. I am in favor of cutting off the franking privilege altogether. In that regard I indorse the recommendation of the Secretary of the Treasury.

NATIONAL ARMORY.

Mr. MOORHEAD. I offer the following resolution:

Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of establishing a national armory and foundery, at or near the city of Pittsburg, Pennsylvania, and to report by bill or otherwise.

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Mr. WASHBURNE. I move to strike out Pittsburg, Pennsylvania," and in lieu thereof to insert Rock Island, Illinois."

Mr. McCLERNAND. I move to amend the resolution, so that it shall read:

Resolved, That a select committee of nine be appointed by the Speaker to inquire into and report upon the expediency of the establishment of a national armory northwest of the Ohio river.

There are now two armories, one at Harper's Ferry, and one at Springfield, Massachusetts, while we have no armory at the West.

Mr. McKNIGHT. I suggest that the gentleman from Illinois change the phraseology of his amendment, so that, instead of saying "west of the Ohio river," it shall read, "west of the Alleghany mountains."

Mr. MOORHEAD. If the gentleman will make that change 1 will accept his amendment.

Mr. McCLERNAND. I will make that modification, so that it shall read, "west of the Alleghany mountains or northwest of the Ohio river." Mr. MOORHEAD. I cannot accept of the words "northwest of the Ohio river."

Mr. McCLERNAND. Then I will leave out those words.

Mr. JOHNSON. I now move to amend the resolution as modified, by inserting the words, "and east of the Rocky Mountains.”

Mr.WASHBURNE. I call the previous ques

tion.

The previous question was seconded, and the main question ordered to be put.

Mr. CURTIS. As the matter is already before the Committee on Military Affairs, I move to refer the whole subject to that committee.

The SPEAKER. The Chair decides that the motion of the gentleman from Iowa is not in order.

The question was put upon the amendment offered by Mr. JOHNSON; and it was not agreed to. The resolution was agreed to.

Mr. WASHBURNE moved to reconsider the vote by which the resolution was adopted; and also moved to lay the motion to reconsider on the table.

The latter motion was agreed to.

RECRUITS FOR THE NAVY.

Mr. HOLMAN, by unanimous consent, introduced the following resolution; which was read, considered, and agreed to:

Resolved, That the Secretary of the Navy be requested to inform this House whether he has issued an order ineffect that none but American-born citizens shall be accepted at the various recruiting stations for service in the Navy of the United States; and, if such order has been issued, that he be requested to furnish the same to this House, with a statement of the causes which, in his judgment, has rendered such an order necessary.

SUPERANNUATED AND DISABLED OFFICERS.

Mr. CURTIS, by unanimous consent, introduced a bill for retiring superannuated and disabled officers from the United States Army; which was read a first and second time, and referred to the Committee on Military Affairs.

MILITARY CONTRACTS.

Mr. CURTIS, by unanimous consent, introduced a bill regulating contracts in the military service of the United States; which was read a first and second time, and referred to the Committee on Military Affairs.

SOLDIERS AT FORT SUMTER.

Mr. CURTIS, by unanimous consent, introduced a bill for the relief of certain musicians and soldiers stationed at Fort Sumter; which was read a first and second time.

Mr. BURNETT. I desire to ask the gentleman if that is the same bill he introduced last session?

Mr. CURTIS. It is; and I ask the unanimous consent to put upon its passage. Mr. BURNETT. No, sir; it must be referred. The bill was referred to the Committee on Military Affairs.

REVENUE CUTTER SERVICE.

Mr. FENTON, by unanimous consent, introduced a bill concerning the pay of officers of the revenue cutter service of the United States; which was read a first and second time, and referred to the Committee on Naval Affairs.

TERM OF SERVICE OF MILITIA. Mr. VALLANDIGHAM, by unanimous consent, introduced the following resolution; which was read, considered, and agreed to:

Resolved, That the Committee on the Judiciary be instructed to examine and report at what time, under the act of 1795, the term of service for the militia called into the service of the United States begins, and whether any legis lation is necessary to remove any ambiguity in the terms of the act; and if so, to report by bill.

REVENUE CUTTER SERVICE-AGAIN. Mr. WASHBURNE. I move to reconsider the vote by which the bill offered by the gentle

man from New York [Mr. FENTON] was referred to the Committee on Naval Affairs. It properly should go to the Committee on Commerce. The vote was reconsidered; and the bill was referred to the Committee on Commerce.

GOVERNMENT CONTRACTS.

Mr. VALLANDIGHAM, by unanimous consent, introduced the following resolution; which was read, considered, and agreed to:

Resolved, That the select committee appointed to investigate certain Government contracts be instructed to inquire also into the circumstances of hiring, by the Government, of the steamer Catiline, and report the same to the House.

ORDER OF BUSINESS.

Mr. WARD. I ask the unanimous consent of the House to introduce a bill.

Mr. COLFAX. I object; and I object for the purpose only of making a suggestion. It will be Monday week before we can, as a matter of right under the rules, offer any bills for reference, except by unanimous consent. Now, if we desire to get away speedily, as I believe we all do, I would suggest, as we have an hour before dinner time, that we spend that time in the introduction of bills for reference.

Mr. WARD. That is all I desire to do. Mr. COLFAX. And with the understanding that bills shall not be brought back by a motion to reconsider.

Mr. BURNETT. But each member should be allowed to judge for himself whether a bill should come in. I desire to make no factious opposition to the introduction of bills, but I do not desire the rules to be so changed that I shall not have a right to object to a bill when, in conscience, I do not think it should be introduced and referred.

Mr. COLFAX. My only object is to expedite business. If gentlemen have bills which they think must be referred, if they can get no other opportunity, they will wait until Monday week and then introduce and refer them. My proposition will expedite the matter. The genileman from Kentucky will have the right to vote against the bills if they are reported back from the committees.

Mr. BURNETT. Does the gentleman propose to exclude motions to reconsider?

Mr. COLFAX. Certainly. The bills are only to be referred, so that the committees can go to work.

Mr. WARD. I object to the proposition, as the gentleman objects to my introducing a bill. Mr. KELLOGG, of Illinois. I move that the House do now adjourn.

The motion was agreed to.

The House accordingly (at three o'clock, p. m.) adjourned.

IN SENATE.

THURSDAY, July 11, 1861.

Prayer by the Chaplain, Rev. Dr. SUNDERLAND. The Journal of yesterday was read and approved.

NOTICE OF A BILL.

Mr. SAULSBURY. I wish to give notice that on to-morrow, or some subsequent day, I shall ask leave to introduce a joint resolution proposing amendments to the Constitution of the United States, with a view to the peaceable adjustment of our national troubles.

PROPOSED NATIONAL ARMORY.

Mr. GRIMES. I present the joint resolutions of the Legislature of the State of Iowa, instructing their Senators, and requesting their Representatives, to vote for the establishment of an arsenal and armory on Rock Island, in the State of Illinois. I give notice that to-morrow I shall introduce a bill in accordance with the instructions that are contained in these resolutions, and shall ask for its passage as a war measure of the greatest significance. I move that the resolutions be read, printed, and referred to the Committee on Military Affairs and the Militia.

The motion was agreed to.

Mr. BROWNING presented the petition of a committee of citizens of the city of Rock Island, Illinois, praying for the establishment of an armory on Rock Island, in that State; which was referred to the Committee on Military Affairs and Militia; and a motion by Mr. BROWNING to print

the petition, was referred to the Committee on Printing.

Mr. TEN EYCK presented joint resolutions of the Legislature of the State of New Jersey, recommending the establishment of an armory in that State; which were referred to the Committee on Military Affairs and the Militia.

COLLECTION OF DUTIES.

Mr. CHANDLER. The Committee on Commerce, to whom was referred the bill (H. R. No. 16) further to provide for the collection of duties on imports, and for other purposes, have directed me to report the same back, with a recommendation that it do pass; and as it is a very important measure--and I presume there will be no opposition to it-I ask that it be put on its passage at

once.

The VICE PRESIDENT. The bill will be read for information.

The Acting Secretary read the bill.

The PRESIDING OFFICER, (Mr. FOSTER in the chair.) The bill which has just been read has been reported from the Committee on Commerce, and the chairman of the committee asks for its present consideration. It requires unanimous consent to consider the bill on the day it is reported.

Mr. HALE. I do not wish to suggest any opposition to the bill; but it is a very important bill, and as I heard it read I think there are some features that ought to be examined. While I have every confidence in the committee, I think it due to the serious nature of the subject that the bill should lie over one day.

The PRESIDING OFFICER. Objection being made to its present consideration, the bill will lie

over.

BILLS INTRODUCED.

Mr. HALE asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 9) to alter and regulate the Navy ration; which was read twice by its title, and referred to the Committee on Naval Affairs.

He also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 10) authorizing an additional naval force in the time of war or insurrection; which was read twice by its title, and referred to the Committee on Naval Affairs.

He also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 11) authorizing and regulating the employment of volunteers in the Navy; which was read twice by its title, and referred to the Committtee on Naval

Affairs.

He also, in pursuance of previous notice, asked and obtained leave to introduce a bill (S. No. 12) to provide for the temporary increase of the Navy; which was read twice by its title, and referred to the Committee on Naval Affairs.

He also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 13) to increase the number of paymasters in the Navy, and to provide for the appointment of assistant paymasters; which was read twice by its title, and referred to the Committee on Naval Affairs.

He also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 14) for the better organization of the Marine Corps; which was read twice by its title, and referred to the Committee on Naval Affairs.

He also asked, and by unanimous consent obtained, leave to introduce a joint resolution (S. No. 3) in relation to the Naval Academy; which was read twice by its title, and referred to the Committee on Naval Affairs.

He also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 15) authorizing the printing of watch and station bills.

Mr. HALE. As I want all these bills to go to the Committee on Naval Affairs, and we propose to meet to-morrow, I ask the indulgence of the Senate that these bills be ordered to be printed, so that the committee may have them to-morrow. In making this motion, I will state that two or three of these bills relate to the same subject, and possibly one may be a substitute for another. I do not pledge myself, in introducing them, to sustain them. They are various propositions coming from various sources, and I wish to have them all printed, that they may be before the Naval Committee. I move that all these bills be printed. The motion was agreed to. Mr. TRUMBULL asked, and by unanimous

consent obtained, leave to introduce a bill (S. No. 16) concerning the Attorney General and the attornies and marshals of the several districts; which was read twice by its title, and referred to the Committee on the Judiciary.

Mr. FOOT asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 17) concerning the pay of the officers of the revenue cutter service; which was read twice by its title, and referred to the Committee on Naval Affairs.

PAY OF VOLUNTEERS.

Mr. FESSENDEN. The Committee on Finance, to whom was referred the bill (H. R. No. 15) to provide for the payment of the militia and volunteers called into the service of the United States, by proclamation of the President, dated April, 1861, from the time they were called into service to the 30th day of June, 1861, have instructed me to report the bill back with several verbal amendments mostly, and to ask that it be passed at once, if there is no objection on the part of the Senate. It provides for the payment of the volunteers called out, and the money is very much needed immediately.

No objection being made, the bill was considered as in Committee of the Whole. It proposes to appropriate the sum of $6,000,000, or so much thereof as may be necessary, to enable the Government to pay the militia and volunteers called into service of the United States by proclamation of the President, dated April, 1861.

The first amendment of the Committee on Finance was in lines four and five, to strike out the words "six millions of," and insert "five million seven hundred and sixty thousand;" so that the bill will read: "the sum of $5,760,000." Mr. FESSENDEN. That is the amount of the estimate.

The amendment was agreed to.

The next amendment of the Committee on Finance was to strike out all of the bill, after the word "States," in line seven, in the following words: "by proclamation of the President, dated April, 1861," and insert, "being an additional amount required for the fiscal year ending June 30, 1861.'

The amendment was agreed to.

The bill was reported to the Senate, as amended, and the amendments were concurred in.

Mr. THOMSON. I shall vote for the bill; and I rise for the purpose of saying that, and at the same time of saying that I regret very much that I was called out of my place in the Senate yesterday when the vote was taken on the bill to authorize the employment of volunteers, &c.Senate bill No. 1-for which I should have voted if I had been here. I will take the occasion to say further: that I shall vote for all proper measures to bring the war which is now waging against the Union to a speedy and successful issue.

The amendments were ordered to be engrossed, and the bill to be read a third time. It was read the third time, and passed.

On motion of Mr. FESSENDEN, the title was amended to read as follows:

An act to provide for the payment of the militia and volunteers called into the service of the United States, from the time they were called into service to the 30th day of June, 1861.

LOAN BILL.

A message from the House of Representatives, by Mr. ETHERIDGE, its Clerk, announced that the House had passed a bill (No. 14) to authorize a national loan, and for other purposes; in which the concurrence of the Senate was requested.

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

JUDGES OF DISTRICT COURTS.

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

Resolved, That the Secretary of State be directed to furnish the Senate with the names of the judges of the district courts in the various States of the Union; and also with a list of the districts in which there are vacancies.

EXPULSION OF SENATORS.

Mr. CLARK. I move now to take up the resolution which I submitted yesterday in regard to the expulsion of certain members of the Senate.

The motion was agreed to; and the Senate proceeded to consider the following resolution: 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 attempted 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 JOHN 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.

Mr. CLARK. I do not propose to submit any remarks to the Senate upon that resolution now, unless they should be called for by the remarks or motions of others; but I ask that the Senate will order the yeas and nays upon its passage.

Mr. McDOUGALL. I would suggest to the Senator from New Hampshire, whether a matter of this kind had not better be referred to, and the whole subject presented by the report of, a committee. I take it that the objection against the Senators named may also be made against other Senators not named in the resolution. I think a matter of such consequence should be referred to a committee, and they should report the causes of this step, and embrace the whole subject, and report as to all Senators who may have taken such a course as to disqualify them for seats on this floor. It strikes me that would be the better course. I would suggest a reference of the resolution to the Committee on the Judiciary.

Mr. CLARK. I desire to say to the Senator from California, that if he wishes a reference to the committee for any particular reason, I shall not oppose it. This resolution includes those Senators, and the cases of those Senators, who have absented themselves from the Senate, and all of those, I think, whose cases have not been considered, who are now absent from the Senate. I deemed it advisable to put them in a resolution by themselves.

Mr. McDOUGALL. I thought there were other Senators not present, who stood in the same category.

Mr. CLARK. Perhaps the Senator was not aware of the fact, that we declared the seats of certain Senators who were not here, vacant at the last session, and that is the reason they are not included in this resolution.

Mr. McDOUGALL. I was not aware of that. Mr. CLARK. This includes, I think, every individual Senator who is now absent, whose case has not been already considered.

Mr. McDOUGALL. That corrects me as to my information.

Mr. CLARK. Then I ask that the yeas and nays be ordered.

Mr. BAYARD. I can see no reason why we should depart from the determination of the Senate at the last session, in declaring the seats vacant, and adopt now the rule of expulsion. I know of no conspiracy on the part of the Senators named in the resolution. I c cannot say that it has not existed, but I know the general fact, that, claiming the right of secession for their States (though I differed from them in that) as a right under the Constitution, they have acted openly with their States. Their States have chosen to leave this Union. Whether they have the authority or not, is questioned. They consider it a legitimate exercise of reserved rights under the Constitution. I consider the act as revolutionary. There is the difference. Shall I exercise the power of expulsion against a Senator on the ground of conspiracy, because he may be erroneous in point of law as to the effect of the action of his State? Am I to condemn him individually

for the action of his State?

is simply to create additional feeling and additional hostility between the already sufficiently excited people of this country. I see no reason for departing from the course which the Senate took at the end of the last session, and I shall therefore vote against this resolution as it stands. Place it in the other shape of declaring the seats vacant, and I shall interpose no objection whatever to it; but I have no knowledge of a conspiracy-and I think I understand what the term means on the part of any of those Senators which the preamble recites as apparent to the Senate." The action was avowed, open; it was an appeal to the people of their respective States; the people of their States, by majorities, recognized that course, and the States assumed the responsibility, as political governments,ofgoing out of this Union. I am not willing to pass judgment of expulsion upon the individual, founded on that. I may declare the seat vacant; that may be proper for the organization of the Senate; but I am not willing to go beyond that.

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Mr. CLARK. I wish, before debate continues, that the order may be made to have the question taken by yeas and nays.

The PRESIDING OFFICER. The yeas and nays are demanded on the passage of this resolution, when the question shall be taken.

The yeas and nays were ordered.

Mr. CLARK. Mr. President, I do not regard it less a cause of expulsion of these several individual Senators that they have acted openly against the Government. This resolution recites that there has been a conspiracy against the liberties and union and existence of this Government. It recites, further, that portions of the people of certain of the States have endeavored to force those States out of the Union; and that these individuals have either aided in that conspiracy or have failed to give the Government any knowledge of its progress, or to assist in its suppression. Now, with all deference to the Senator from Delaware, I claim that that is a good ground for expulsion from the Senate. I do not care that they have acted openly; yea, sir, I will say that if they have acted openly, and have' put themselves in conspiracy and in revolution and in arms against this Government, I would have the expulsion openly before the country.

I dare say the Senator would be glad that these seats should be declared vacant, and that the question should be left in abeyance whether they have the right to go out; but I want to deny here, on the floor of the Senate, the right of any State to secede; and when a Senator accedes to that action of his State, or the people of the State, I want to declare that he puts himself in a hostile attitude to this Government, and deserves expulsion from the councils of the nation. I hope that no such tame measure as declaring these seats vacant will be adopted by the Senate. I want the Senate to proclaim to the nation that we will not have these men in our councils, and that they shall go out. We let certain Senators withdraw at the last session-no, sir, we did not let them withdraw; they withdrew themselves, and left their seats vacant, and we declared them vacant by that act of virtual resignation. But now, sir, this revolution has gone on; it has made rapid progress; they have taken up arms against the Government; they have not only seized your arms, but they have assaulted your fortifications; their guns are now within sound of your capital; and shall we sit here in the Senate and deliberate and doubt whether we shall turn out of this Senate the very men who are ready to explode those guns against your capital? No, Mr. President; let the judgment of the Senate be as summary, as decisive, and as signal, as their revolution has been rapid; and let them be ejected from the councils of the nation.

Mr. BAYARD. Mr. President, I can see no reason for the action which the honorable Senator calls for, and I do not think that by your action in the case of individuals, you are to settle the difficulties that now exist in this country, or alleviate the disastrous condition in which we stand; I hold that the power of expulsion was given or, in other words, terminate the war which actuto the Senate in reference to the individual action ally exists. I admit all that has been said, but of the Senator, and arising from his individual still I consider that that is no ground for the expulmisconduct, and was not intended to have any sion of an individual, though it may be for vacating operation whatever in reference to acts of this the seat. The action which calls the individual nature. No such case was contemplated; and the out of the Senate is the action of a political comonly possible effect of so wording the resolution,munity; and it is perfectly consistent with differ

ence of opinion on his part and mine, without the slightest taint of his personal character, that he should withdraw from the Senate of the United States. If you permitted other Senators at the last session to withdraw openly in the face of the Senate, and simply declared their seats vacant as if they had resigned, on what principle is it that you now undertake to expel Senators for mere non-attendance because their States have done certain acts? They have engaged in no conspiracy. You do not know now that several of those Senators may not have been opposed to what is called the secession of their States. They may hold themselves bound by it since it is done. My impression is, so far as I have any knowledge of them, that many of them did hold that secession was not a constitutional remedy, and were opposed to the action on the part of their States, but gave way to it after it had taken place. That I presume from their non-attendance. I consider it no ground of expulsion. I do consider it a ground for declaring their seats vacant. The Constitution in reference to the expulsion of members says:

"Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrenee of two thirds, expel a member."

I take the whole clause as it stands, and I suppose that that power which is given to the Senate in reference to the individuality of the Senator is in connection with and immediately subsequent to the clause which authorizes punishment for disorderly behavior, and that something more than disorderly behavior on the part of the individual-something affecting him personally, as regards his standing in the community, some gross immorality, some gross individual act-is the only thing which, in my judgment, was meant to be remedied by the right of expulsion. I admit the right to declare the seats vacant; but I cannot see the necessity or propriety of assuming what is not proved-what, in my judgment, is not the factthat any conspiracy has existed on the part of these individual Senators, or that it can be made apparent to the Senate.

Mr. CLARK. I simply content myself by asking that a vote on the resolution may be had. Mr. LATHAM. Mr. President, I shall not vote for this resolution as it stands. I will vote to strike the names of these gentlemen from the roll, and to declare their seats vacant. I will not vote to expel them, because I think, as to some Senators named, that that would be unjust and improper. Expulsion implies turpitude. It is a reflection upon the personal character of the individual; it is a stain. Now I know myself that some Senators-two in particular-named in that resolution, did not indorse the right of secession. They disapproved of it; they never sanctioned it; and they did not think they could occupy a seat on this floor after their State had seceded. They have never, that I have heard of, aided, advised, or counseled, in any respect, the movement of their State in the attitude they occupy towards the General Government; I therefore conceive that it would be more proper and more dignified for this body to declare their seats vacant, and strike their names from the roll, than it would be, by the terms of this resolution, to expel them from the body. I think it is too severe a denunciation of the conduct of some of the gentlemen, at least, who are named in it, and therefore I shall not vote for it.

The PRESIDING OFFICER. Is the Senate ready for the question on the adoption of the resolution?

Mr. LATHAM. I move to strike out the word "expelled," and to insert the words "that their names be stricken from the roll, and their seats declared vacant.

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Mr. MCDOUGALL. Mr. President, I differ with the views of my colleague; and, in stating that I am prepared to vote for the resolution offered by the Senator from New Hampshire, I wish to say that I do not vote for the expulsion of these members upon the ground that their States have declared themselves out of the Union. The expulsion is for personal cause. It is, that they have espoused the controversy made against the Republic, evidenced by one circumstance, perhaps sufficient, independent of what history has already reported of them-that they are not here. Now, there may be no turpitude in this act of theirs, or in their espousing the adversary cause. Treason was always a gentlemanly crime, and in ancient times a man who committed it was enti

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