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And that all slaves within the said State | Sumner, Wade, Wilkinson, and Wilson of who shall at the time aforesaid be under Massachusetts-24. the age of ten years shall be free when they arrive at the age of twenty-one years; and all slaves over ten and under twentyone years shall be free when they arrive at the age of twenty-five years.

Which was agreed to-yeas 25, nays 12, as follows:

NAYS-Messrs. Davis, Henderson, Kennedy, Lane of Indiana, Latham, Nesmith, Powell, Stark, Willey, Wilson of Missouri, Wright-11.*

In House, May 21-It was considered in the House and laid on the table-yeas 83, nays 43.

First Session, Thirty-Eighth Congress. 1864, February 26-The Senate con

YEAS-Messrs. Anthony, Clark, Collamer, Doolittle, Foot, Foster, Grimes, Harlan, Harris, Howard, Howe, King, Lane of Indiana, Lane of Kansas, Morrill, Pome-sidered the bill-the question being on roy, Sherman, Simmons, Sumner, Ten Eyck, agreeing to a new section proposed by the Trumbull, Wade, Wilkinson, Wilmot, Wil- Committee on Post Offices and Post Roads son, of Massachusetts-25. -as follows:

NAYS-Messrs. Browning, Carlile, Davis, Henderson, Kennedy, McDougall, Powell, Saulsbury, Stark Willey, Wilson of Missouri, Wright-12.

The amendment as amended was then agreed to.

A motion to postpone the bill to the first Monday of the next December was lostyeas 17, nays 23.

In House, July 16-The bill was postponed until the second Tuesday of the next December-yeas 63, nays 33.

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1863, Dec. 10, the House passed the bill -yeas 96, nays 57.

SEC. 2. That in the courts of the United States there shall be no exclusion of any witness on account of color.

Mr. Powell moved to amend by inserting after the word "States" the words: "in all cases for robbing or violating the mails of the United States."

No further progress was made on the bill.

NEGRO SUFFRAGE IN MONTANA TERRI

TORY.

1864, March 18-The House passed, without a division, a bill in the usual form, to provide a temporary government for the Territory of Montana.

March 31-The Senate considered it, when Mr. Wilkinson moved to strike from

1863, April 20, the President issued a the second line of the fifth section, (definproclamation announcing the compliance, ing the qualifications of voters,) the words by West Virginia, of the conditions of ad-"white male inhabitant" and insert the mission.

COLOR IN WAR POLITICS.

Emancipation and its attendant agitations brought to the front a new class of political questions, which can best be grouped under the above caption. The following is a summary of the legislation: Second Session, Thirty-Seventh Congress. To Remove Disqualification of Color in Carrying the Mails.

In Senate, 1862, April 11 -The Senate considered a bill to remove all disqualification of color in carrying the mails of the United States." It directed that after the passage of the act no person, by reason of color, shall be disqualified from employment in carrying the mails, and all acts and parts of acts establishing such disqualification, including especially the seventh section of the act of March 3, 1825, are hereby repealed.

The vote in the Senate was, veas 24, nays 11, as follows:

YEAS-Messrs. Anthony, Browning, Chandler, Clark, Collamer, Dixon, Doolit tle. Fessenden, Foot, Foster, Grimes, Hale, Howard, Howe, King, Lane of Kansas, Morri Pomeroy, Sherman, Simmons,

words: "male citizen of the United States, and those who have declared their intention to become such;" which was agreed to-yeas 22, nays 17, as follows:

YEAS-Messrs. Brown, Chandler, Clark, Collamer, Conness, Dixon, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Howard, Howe, Morgan, Morrill, Pomeroy, Sumner, Wade, Wilkinson, Wilson-

22.

NAYS--Messrs. Buckalew, Carlile, Cowan, Davis, Harding, Henderson, Johnson, Lane of Indiana, Nesmith, Powell, Riddle, Saulsbury, Sherman, Ten Eyck, Trumbull, Van Winkle, Willey-17.

The bill was then passed-yeas 29, nays 8,(Messrs. Buckalew, Davis, Johnson, Powell Riddle, Saulsbury, Van Winkle, Willey.)

April 15-The Senate adopted the report of the Committee of Conference on the Montana bill, which recommended the Senate to recede from their second amendment, and the House to agree to the first cluding the above.) and third amendments of the Senate, (in

April 15-Mr. Beaman presented the report of the Committee of Conference on the Montana bill, a feature of which was that the House should recede from its dis

* Republicans in roman; Democrats in italics.

agreement to the Senate amendment striking out the word "white" in the description of those authorized to vote.

Mr. Holman moved that the report be tabled; which was lost by the casting vote of the Speaker-yeas 66, nays 66.

Upon agreeing to the report the yeas were 54, nays 85.

On motion to adhere to its amendments, and ask another Committee of Conference, Mr. Webster moved instructions:

And that said committee be instructed to agree to no report that authorizes any other than free white male citizens, and those who have declared their intention to become such, to vote.

Which was agreed to-yeas 75, nays 67. April 15-The Senate declined the conference upon the terms proposed by the House resolution of that day.

April 18-The House proposed a further free conference, to which, April 25, the Senate acceded.

May 17-In Senate, Mr. Morrill submitted a report from the Conference Committee who recommend that qualified voters shall be:

All citizens of the United States, and those who have declared their intention to become such, and who are otherwise described and qualified under the fifth section of the act of Congress providing for a temporary government for the Territory of Idaho approved March 3, 1863.

The report was concurred in-yeas 26, nays 13.

May 20-The above report was made by Mr. Webster in the House, and agreed to -yeas 102, nays 26.

IN WASHINGTON CITY.*

1864, May 6-The Senate considered the bill for the registration of voters in the city of Washington, when

Mr. Cowan moved to insert the word "white" in the first section, so as to confine the right of voting to white male citizens.

May 12-Mr. Morrill moved to amend the amendment by striking out the words

*In 1860 a vote was had in the State of New York on a proposition to permit negro suffrage without a property qualification. The result of the city was-yeas 1,640. nays 37,47. In the State-yeas 197,505, nays 337,984. In 1864 a like proposition was defeated-yeas 85,406, nays

2:24,336.

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And shall have paid all school taxes and all taxes on personal property properly assessed against him, shall be entitled to vote for mayor, collector, register, members of the board of aldermen and board of common council, and assessor, and for every officer authorized to be elected at any election under any act or acts to which this is amendatory or supplementary. and inserting the words

And shall within the year next preceding the election have paid a tax, or been assessed with a part of the revenue of the District, county, or cities, therein, or been exempt from taxation having taxable estate, and who can read and write with facility, shall enjoy the privileges of an elector.

May 26-Mr. Sumner moved to amend the bill by adding this proviso:

Provided, That there shall be no exclusion of any person from the registry on account of color.

May 27-Mr. Harlan moved to amend the amendment by making the word "per son" read "persons," and adding the words

Who have borne arms in the military service of the United States, and have been honorably discharged therefrom.

Which was agreed to yeas 26, nays 12, as follows:

YEAS-Messrs. Anthony, Chandler, Clark, Collamer, Conness, Dixon, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Johnson, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Fomeroy, Ramsey, Sherman, Ten Eyck, Trumbull, Wade, Willey, Wilson-26.

NAYS-Messrs. Buckalew, Carlile, Cowan, Davis, Hendricks, McDougall, Powell Richardson, Saulsbury, Sumner, Van Winkle, Wilkinson-12.

May 28-Mr. Sumner moved to add these words to the last proviso:

And provided further, That all persons, without distinction of color, who shall, within the year next preceding the election, have paid a tax on any estate, or been assessed with a part of the revenue of said District, or been exempt from taxation having taxable estate, and who can read and write with facility, shall enjoy the privilege of an elector. But no person now entitled to vote in the said District, continuing to reside therein, shall be disfranchised hereby.

Which was rejected-yeas 8, nays 27, as follows:

YEAS-Messrs. Anthony, Clark, Lane of Kansas, Morgan, Pomeroy, Ramsey, Sumner, Wilkinson-S.

NAYS-Messrs. Buckalew, Carlile, Collamer, Cowan, Davis, Dixon, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Hendricks, Hicks, Johnson, Lane ri Indiana, McDougall, Morrill, Powell, Sauis

bury, Sherman Ten Eyck, Trumbull, Van | Columbia," have had the matter thus reWinkle, Willey, Wilson-27. ferred to them under consideration, and beg leave to report:

The other proposition of Mr. Sumner, amended on motion of Mr. Harlan, was The act entitled "An act to incorporate then rejected-yeas 18, nays 20, as follows: the Washington and Georgetown Railroad YEAS Messrs. Anthony, Chandler, Company," approved May 17, 1862, makes Clark, Dixon, Foot, Foster, Hale, Harlan, no distinction as to passengers over said Howard, Howe, Lane of Kansas, Morgan, road on account of the color of the pasPomeroy, Ramsey, Sherman, Sumner, Wilkinson, Wilson-18.

NAYS-Messrs. Buckalew, Cartile, Cowan, Davis, Grimes, Harris, Hendricks, Hicks, Johnson, Lane of Indiana, McDougall, Morrill, Nesmith, Powell, Richardson, Saulsbury, Ten Eyck, Trumbull, Van Winkle, Willey-20.

The bill then passed the Senate, and afterward the House, without amendment.

Third Session, Thirty-Seventh Congress.

Excluding Colored Persons from Cars.

In Senate-1863, February 27-Pending a supplement to the charter of the Washington and Alexandria Railroad Company, Mr. Sumner offered this proviso to the

first section:

That no person shall be excluded from the cars on account of color.

Which was agreed to-yeas 19, nays 18, as follows:

YEAS-Messrs. Arnold, Chandler, Clark, Fessenden, Foot, Grimes, Harris, Howard, King, Lane of Kansas, Morrill, Pomeroy, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilmot, Wilson, of Massachusetts

-19.

sengers, and that in the opinion of the committee colored persons are entitled to all the privileges of said road which other persons have, and to all remedies for any denial or breach of such privileges which belongs to any person.

The committee therefore ask to be discharged from the further consideration of the premises.

March 17-The Senate considered the bill to incorporate the Metropolitan Railroad Company, in the District of Columbia, offered by Mr. Sumner, to add to the fourthe pending question being an amendment, teenth section the words:

tion excluding any person from any car or Provided, That there shall be no regulaaccount of color.

Which was agreed to-yeas 19, nays 17, as follows:

YEAS-Messrs. Anthony, Brown, Clark, Harlan, Howe, Lane of Kansas, Morgan, Conness, Fessenden, Foot, Foster, Grimes, Morrill, Pomeroy, Ramsey, Sumner, Wade, Wilkinson, Wilson--19.

NAYS-Messrs. Buckalew, Carlile, Davis, Doolittle, Harding, Harris, Hendricks, Saulsbury, Sherman, Ten Eyck, Trumbull, Car-Johnson, Lane of Indiana, Powell, Riddle, Van Winkle, Willey-17.

NAYS-Messrs. Anthony, Bayard, Carlile, Cowan, Davis, Henderson, Hicks, Howe, Kennedy, Lane of Indiana, Latham, McDougall, Powell, Richardson, Saulsbury, Turpie, Willey, Wilson of Missouri-18.

March 2.-The House concurred in the amendment without debate, under the previous question.

First Session, Thirty-Eighth Congress. In Senate 1864, February 10- Mr. Sumner offered the following:

The bill then passed the Senate.

June 19-The House refused to strike out the proviso last adopted in the Senate -yeas 60, nays 76.

And the bill passed the House and was approved by the President.

Second Session, Thirty-Seventh Congress.
Colored Persons as Witnesses.

In Senate Pending the confiscation bill,
June 28, 1862.

Mr. Sumner moved these words as an addition to the 14th section:

Resolved, That the Committee on the District of Columbia be directed to consider the expediency of further providing by law against the exclusion of colored And in all the proceedings under this persons from the equal enjoyment of all act there shall be no exclusion of any witrailroad privileges in the District of Colum-ness on account of color. bia.

Which was agreed to-yeas 30, nays 10. February 24-Mr. Willey, from the Committee on the District of Columbia, made this report, and the committee were discharged.

The Committee on the District of Columbia, who were required by resolution of the Senate, passed February 8, 1864, "to consider the expediency of further providing by law against the exclusion of colored persons from the equal enjoyment of all railroad privileges in the District of

Which was rejected-yeas 14, nays 25, as follows:

YEAS-Messrs. Chandler, Grimes, Harlan, Howard, King, Lane of Kansas, Morrill, Pomeroy, Sumner, Trumbull, Wade, Wilkinson, Wilmot-14.

NAYS-Messrs. Anthony, Browning, Carlile, Clark, Collamer, Cowan, Davis, Dixon, Doolittle, Fessenden, Foot, Foster, Harris, Henderson, Lane of Indiana, Nesmith, Pearce, Powell, Sherman, Simmons, Stark, Ten Eyck, Willey, Wilson of Missouri, Wright-25.

Pending the consideration of the supple-| ment to the emancipation bill for the District of Columbia,

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

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

On all of these questions of color, the Democrats invariably, on test votes, were found against any concession of rights to the negro. These were frequently aided by some Republicans, more conservative than their colleagues, or representing closer districts where political prejudices would affect their return to their seats. It will be observed that on nearly all these questions Senator Charles Sumner took the lead. He was at that time pre-eminently the Moses of the colored man, and led him from one right to another through SenaHouse-torial difficulties, which by the way, were never as strong as that in the House, where

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

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

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

1862, July 15-Mr. Sumner offered this proviso to the first section:

Provided, That there shall be no exclusion of any witness on account of color. Which was rejected-yeas 14, nays 23. First Session, Thirty-Eighth Congress. 1864, June 25-Pending the civil appropriation bill, in Committee of the Whole, Mr. Sumner offered this proviso:

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

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

Which was agreed to; and the amendment as amended was agreed to-yeas 22, nays 16.

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

IN HOUSE.

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

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

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

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

COLORED SCHOOLS.

June 8.-The House passed a bill to provide for the public instruction of youth in Washington city, with an amendment providing for separate schools for the colored children, by setting apart such a proportion of the entire school fund as the number of colored children between the ages of six and seventeen bear to the whole number of children in the District. The bill, with amendments, passed both Houses without a division.

cham

Thaddeus Stevens was the boldest pion of "the rights of the black man." In the field, rather in the direction of what should be done with the "contrabands" and escaped slaves, the Secretary of War, General Cameron, was their most radical friend, and his instructions were so outspoken that Lincoln had to modify them. As early as December 1, 1861, General Cameron wrote:

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

"It is vain and idle for the Government to carry on this war, or hope to maintain its existence against rebellious force, without enjoying all the rights and powers of war. As has been said, the right to deprive the rebels of their property in slaves and slave labor is as clear and absolute as the right to take forage from the field, or cotton from the warehouse, or powder and

them?

arms from the magazine. To leave the them armed against us, or used in proenemy in the possession of such property ducing supplies to sustain the rebellion ? as forage and cotton and military stores, Their labor may be useful to us; withheld and the means of constantly reproducing from the enemy it lessens his military rethem, would be madness. It is, therefore, sources, and withholding them has no tenequal madness to leave them in peaceful dency to induce the horrors of insurrecand secure possession of slave property, tion, even in the rebel communities. They more valuable and efficient to them for war constitute a military resource, and, being than forage, cotton and military stores. such, that they should not be turned over Such policy would be national suicide. to the enemy is too plain to discuss. Why What to do with that species of property deprive him of supplies by a blockade, and is a question that time and circumstances voluntarily give him men to produce will solve, and need not be anticipated further than to repeat that they cannot be held by the Government as slaves. It would be useless to keep them as prisoners of war; and self-preservation, the highest duty of a Government, or of individuals, demands that they should be disposed of or employed in the most effective manner that will tend most speedily to suppress the insurrection and restore the authority of the Government. If it shall be found that the men who have been held by the rebels as slaves are capable of bearing arms and performing efficient military service, it is the right, and may become the duty, of this Government to arm and equip them, and employ their services against the rebels, under proper military regulations, disci-sult he resigned and went to Russia as pline and command.

"The disposition to be made of the slaves of rebels, after the close of the war, can be safely left to the wisdom and patriotism of Congress. The Representatives of the people will unquestionably secure to the loyal slaveholders every right to which they are entitled under the Constitution of the country."

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Secretary Cameron was at all times m favor of "carrying the war into Africa," and it was this stern view of the situation which eventually led him to sanction measures which brought him into plainer differences with the Administration. Lincoln took offense at the printing of his report before submitting it to him. As a re

Minister, on his return being again elected 66 But in whatever manner they may be to the United States Senate-a place which used by the Government, it is plain that, he filled until the winter of 1877, when he once liberated by the rebellious act of their resigned, and his son, J. Donald Cameron, masters, they should never again be re- was elected to the vacancy, and re-elected stored to bondage. By the master's trea- for the term ending in 1885. General B. son and rebellion he forfeits all right to F. Butler was the author of the "contrathe labor and service of his slave; and the band" idea. A year later the views of the slave of the rebellious master, by his ser- Administration became more radical on vice to the Government, becomes justly en-questions of color, and July 22, 1862, Sectitled to freedom and protection.

"The disposition to be made of the slaves of rebels, after the close of the war, can be safely left to the wisdom and patriotism of Congress. The representatives of the people will unquestionably secure to the loyal slaveholders every right to which they are entitled under the Constitution of the country."

[Subsequent events proved the wisdom of this policy, and it was eventually adopted by an Administration which proclaimed its policy "to move not ahead but with the people."]

President Lincoln and his Cabinet modified the above language so as to make it read:

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

retary Stanton ordered all Generals in command "to seize and use any property, real or personal, which may be necessary or convenient for their several commands, for supplies, or for other military purposes; and that while property may be destroyed for proper military objects, none shall be destroyed in wantonness or malice.

"Second. That military and naval commanders shall employ as laborers, within and from said States, so many persons of African descent as can be advantageously used for military or naval purposes, giving them reasonable wages for their labor.

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

The manner and language employed by General McClellan in promulgating this

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