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conquered or occupied district. I ask the Sen The Presiding Officer (Mr. Anthony in the ator froin Kentucky again respectfully, is that chair)-Order! unconstitutional; or, if in the nature of war it Mr. Baker--What would have been thought must exist, even if there be no law passed by if, in another Capitol, in another Republic, in a us to allow it, is it unconstitutional to regulate yet more martial age, a Senator as grave, not it? That is the question, to which I do not more eloquent or dignified than the Senator think he will make a clear and distinct reply: from Kentucky, yet with the Roman purple Now, sir, I have shown him two sections of flying over his shoulders, had risen in his place, the bill

, which I do not think he will repeat surrounded by all the illustrations of Roman earnestly are unconstitutional. I do not think glory, and declared that advancing Hannibal that he will seriously deny that it is perfectly was just, and that Carthage ought to be dealt constitutional to limit, to regulate, to con- with in terms of peace? What would have trol, at the same time to confer and restrain been thought if, after the battle of Canne, a Authority in the hands of military commanders. Senator there had risen in his place and deI think it is wise and judicious to regulate it nounced every levy of the Roman people, every by virtue of powers to be placed in the hands 'expenditure of its treasury, and every appeal to of the President by law. Now, a few words, the old recollections and the old glories? Sir, and a few only, as to the Senator's predictions. a Senator, himself learned far more than myself The Senator from Kentucky stands up here in in such lore, tells me, in a voice that I am glad a manly way in opposition to what he sees is is audible, that he would have been hurled the overwhelming sentiment of the Senate, and from the Tarpeian rock. It is a grand comutters reproof, malediction, and prediction mentary upon the American Constitution that combined. Well, sir, it is not every prediction we permit these words to be uttered. I ask that is prophecy. It is the easiest thing in the the Senator to recollect, too, what, save to world to do; there is nothing easier, except to send aid and comfort to the enemy, do these be mistaken when we have predicted. I con- predictions of his amount to? Every word fess, Mr. President, that I would not have pre- thus uttered falls as a note of inspiration upon dicted three weeks ago the disasters which every Confederate ear. Every sound thus uthave overtaken our arms; and I do not think tered is a word (and, falling from his lips, a (if I were to predict now) that six months mighty word) of kindling and triumph to a foe hence the Senator will indulge in the same that determines to advance. For me, I have tone of prediction which is his favorite key no such word as a Senator to utter. For me, now. I would ask him, what would you have amid temporary defeat, disaster, disgrace, it us do now-a Confederate army within twenty seems that my duty calls me to utter another miles of us, advancing or threatening to ad- word, and that word is, bold, sudden, forward, vance to overwhelm your Government; to determined war, according to the laws of war, shake the pillars of the Union; to bring it by armies, by military coinmanders clothed around your head, if you stay here, in ruins ? with full power, advancing with all the past Are we to stop and talk abont an uprising sen- glories of the Republic urging them on to contiment in the North against the war? Are we quest. I do not stop to consider whether it is to predict evil, and retire from what we pre- subjugation or not. It is compulsory obedict? Is not the manly part to go on as we dience-not to my will ; not to yours, sir; not have begun, to raise money, and levy armies, to the will of any one man; not to the will of to organize them, to prepare to advance; when any one State; but compulsory obedience to we do advance, to regulate that advance by all the Constitution of the whole country. The the laws and regulations that civilization and Senator chose the other day again and again to humanity will allow in time of battle? Can animadvert on a single expression in å little we do any thing more? To talk to us about speech which I delivered before the Senate, in stopping is idle; we will never stop. Will the which I took occasion to say that if the people Senator yield to rebellion? Will he shrink of the rebellious States would not govern themfrom armed insurrection? Will his State justi- selves as States, they ought to be governed as fy it? Will its better public opinion allow it? Territories. The Senator knew full well then, Shall we send a flag of truce What would for I explained it twice-he knows full weli he have? Or would he conduct this war so now—that on this side of the Chamber; nay, feebly, that the whole world would smile at us in this whole Chamber; nay, in this whole in derision? What would he have? These North and West ; nay, in all the loyal States speeches of his, sown broadcast over the land in all their breadth, there is not a man among -what clear, distinct meaning have they ? us all who dreams of causing any man in the Are they not intended for disorganization in South to submit to any rule, either as to life, our very midst ? Are they not intended to liberty, or property, that we ourselves do not dall our weapons ? Are they not intended to willingly agree to yield to. Did he ever think destroy our zea!? Are they not intended to of that Subjugation for what? When we animate our enemies? Sir, are they not words subjugate South Carolina, what shall we do? of brilliant, polished treason, even in the very We shall compel its obedience to the ConstituCapitol of the Confederacy? [Manifestations tion of the United States; that is all. Why of applause in the galleries.]

play upon words? We do not mean, we have

never said, any more. If it be slavery that true to the Union to the last of her blood and men should obey the Constitution their fathers her treasure. There may be there some disfought for, let it be so. If it be freedom, it is affected; there may be some few men there freedom equally for them and for us. We pro- who would " rather rule in hell than serve in pose to subjugate rebellion into loyalty ; we heaven." There are such men everywhere. propose to subjugate insurrection into peace; There are a few men there who have left the we propose to subjugate confederate anarchy South for the good of the South; who are perinto Constitutional Union liberty. The Sena- verse, violent, destructive, revolutionary, and tor well knows that we propose no more. I opposed to social order. A few, but a very ask him, I appeal to his better judgment, now, few, thus formed and thus nurtured, in Caliwhat does he imagine we intend to do, if for- fornia and in Oregon, both persistently entunately we conquer Tennessee or South Caro- deavor to create and maintain mischief; but lina-call it “conquer," if you will, sir—what the great portion of our population are loyal to do we propose to do? They will have their the core and in every chord of their hearts. courts still, they will have their ballot-boxes They are offering through me-more to their still, they will have their elections still, they own Senators, every day from California, and, will have their representatives upon this floor indeed, from Oregon-to add to the legions of still, they will have taxation and representation this country by the hundred and the thousand. still, they will have the writ of habeas corpus They are willing to come thousands of miles stiil, they will have every privilege they ever with their arms on their shoulders, at their had and all we desire. When the Confederate own expense, to share with the best offering armies are scattered, when their leaders are of their heart's blood in the great struggle of banished from power, when the people return Constitntional liberty. I tell the Senator tbat to a late repentant sense of the wrong they his predictions, sometimes for the South, somehave done to a Government they never felt but times for the middle States, sometimes for the in benignancy and blessing, then the Constitu- North-east, and then wandering away in airy tion made for all will be felt by all, like the visions out to the far Pacific, about the dread descending rains from heaven which bless all of our people, as for loss of blood and treasure, alike. Is that subjugation ? To restore what provoking them to disloyalty, are false in senwas, as it was, for the benefit of the whole timent, false in fact, and false in loyalty. The country and of the whole human race, is all we Senator from Kentucky is mistaken in them desire and all we can have. Gentlemen talk all. Five hundred million dollars! What about the North-east. I appeal to Senators then ? Great Britain gave more than two from the North-east, is there a man in all your thousand millions in the great battle for conStates who advances upon the South with any stitutional liberty which she led at one time other idea but to restore the Constitution of almost single-handed against the world. Five the United States in its spirit and its unity? I hundred thousand men! What then? We never heard that one. I believe no man in- have them; they are ours; they are the childulges in any dream of intlicting there any dren of the country. They belong to the wrong to public liberty; and I respectfully tell whole country; they are our sons; our kinsthe Senator from Kentucky that he persistent- men; and there are many of us who will give ly, earvestly-I will not say wilfully—mis. then all up before we abate one word of our represents the sentiment of the North and just demand, or will retreat one inch from the West when he attempts to teach these doc- line which divides right from wrong. Sir, it trines to the Confederates of the South. Sir, is not a question of men or money in that while I am predicting, I will tell you another sense. All the men, all the money, are, in our thing. This threat about money and men judgment, well bestowed in such a cause. amounts to nothing. Some of the States which When we give them we know their value. have been named in that connection, I know Knowing their value well, we give them with well. I know, as my friend from Illinois will the more pride and the more joy. Sir, how bear me witness, his own State very well. I can we retreat? Sir, how can we make peace am sure that no temporary defeat, no momen- Who shall treat? What commissioners ? Who tary disaster, will swerve that State either would go ? Upon what terms? Where is to froin its allegiance to the Union, or from its be your boundary line? Where the end of the determination to preserve it. It is not with us principles we shall have to give up? What a qnestion of money or of blood; it is a ques- will become of constitutional government ? tion involving considerations higher than these. What will become of public liberty? What When the Senator from Kentucky speaks of the of past glories? What of future hopes ? Shall Pacific, I see another distinguished friend from we sink into the insignificance of the grave—a Illinois, now worthily representing one of the degraded, defeated, emasculated people, frightStates on the Pacific, (Mr. McDougall,) who will ened by the results of one battle, and scared bear me witness that I know that State too, at the visions raised by the imagination of the well. I take the liberty—I know I but utter Senator from Kentucky upon this floor? No, his sentiments in advance-joining with him, sir; a thousand times, no, sir! We will rally to say that that State, quoting from the pas--if, indeed, our words be necessary-We will sage the gentleman himself has quoted, will be rally the people, the loyal people, of the whole

country. They will pour forth their treasure, | authority in executing the laws; and when the their money, their men, without stint, without question assumes the magnitude and takes the measure. The most peaceable man in this form of a great political severance, and nearly body may stamp his foot upon this Senate half the members of the Confederacy withdraw Chamber floor, as of old a warrior and Senator themselves from it, what then? I have never did, and from that single tramp there will spring held that one State or a number of States have forth armed legions. Shall one battle determine a right without cause to break the compact of the fate of empire, or a dozen ? the loss of one the Constitution. But what I mean to say is, thousand men or twenty thousand, of one hun- that you cannot then undertake to make war in dred million dollars, or five hundred millions ? the name of the Constitution. In my opinion In a year's peace, in ten years at most, of they are out. You may conquer them; but peaceful progress, we can restore them all. do not attempt to do it under what I consider There will be some graves reeking with blood, false political pretences. However, sir, I will watered by the tears of affection. There will not enlarge upon that. I have developed these be some privation; there will be some loss of ideas again and again, and I do not care to reluxury; there will be somewhat more need for argue them. Hence the Senator and I start labor to procure the necessaries of life. When from entirely different stand-points, and his that is said, all is said. If we have the coun- pretended replies are no replies at all. The try, the whole country, the Union, the Consti- Senator asks me, “What would you have us tution-free government with these will re- do?” I have already intimated what I would turn all the blessings of well-ordered civiliza- have us do. I would have us stop the war. tion; the path of the country will be a career We can do it. I have tried to show that there of greatness and of glory such as, in the olden is none of that inexorable necessity to continue time, our fathers saw in the dim visions of this war which the Senator seems to suppose. years yet to come, and such as would have I do not hold that constitutional liberty on this been ours now, to-day, if it had not been for continent is bound up in this fratricidal, devasthe treason for which the Senator too often tating, horrible contest. Upon the contrary, I seeks to apologize.

fear it will find its grave in it. The Senator is Mr. Breckinridge—I shall detain the Senate, mistaken in supposing_that we can reunite sir, but a few moments in answer to one or two these States by war. "He is mistaken in supobservations that fell from the Senator from posing that eighteen or twenty millions upon California

the one side can subjugate ten or twelve milMr. Baker-Oregon.

lions upon the other; or, if they do subjugate Mr. Breckinridge-The Senator seems to them, that you can restore Constitutional Govhave charge of the whole Pacific coast, though ernment as our fathers made it. You will have I do not mean to intimate that the Senators to govern them as territories, as suggested by from California are not entirely able and willing the Senator, if ever they are reduced to the to take care of their own State. They are. dominion of the United States, or, as the SenThe Senator from Oregon, then. Mr. Presi- ator from Vermont called them," those rebeldent, I have tried on more than one occasion lious provinces of this Union,” in his speech toin the Senate, in parliamentary and respectful day. Sir, I would prefer to see these States all language, to express my opinions in regard to reunited upon true constitutional principles to the character of our Federal system, the rela- any other object that could be offered me in tions of the States to the Federal Government, life; and to restore, upon the principles of our to the Constitution, the bond of the Federal fathers, the union of these States, to me the political system. They differed utterly from sacrifice of one unimportant life would be noththose entertained by the Senator from Oregon. ing, nothing, sir. But I infinitely prefer to see Evidently, by his line of argument, he regards a peaceful separation of these States, than to see this as an original, not a delegated Government, endless, aimless, devastating war, at the end of and he regards it as clothed with all those which I see the grave of public liberty and of powers which belong to an original nation, personal freedom. not only with

those powers which are delegat The Senator asked if a Senator of Rome had ed by the different political communities that uttered these things in the war between Carcompose it, and limited by the written Consti- thage and that power, how would he have been tution that forms the bond of union. I have treated ? Sir, the war between Carthage and tried to show that, in the view that I take of Rome was altogether different from the war our Government, this war is an unconstitution- now waged between the United States and the al war. I do not think the Senator from Ore- Confederate States. I would have said--rather gon has answered my argument. He asks, than avow the principle that one or the other what must we do? As we progress south- must be subjugated, or perhaps both destroyed ward, and invade the country, must we not, -let Carthage live and let Rome live, each said he, carry with us all the laws of war? I pursuing its own course of policy and civilizawould not progress southward, and invade the tion. The Senator says that these opinions country. The President of the United States, which I thus expressed, and have heretofore as I again repeat, in my judgment, only has the expressed, are but brilliant treason; and that it power to call out the military to assist the civil is a tribute to the character of our institutions

VOL. II.-Doc. 37

that I am allowed to utter them upon the Sen- personal respect to him, may, different from his ate floor. Mr. President, if I am speaking trea- usual predictions, become prophecy after the son, I am not aware of it. I am speaking what first Monday of August next. I believe to be for the good of my country. If Mr. Doolittle—Mr. President, in the heat and I am speaking treason, I am speaking it in my excitement of this debate, there are one or two place in the Senate. By whose indulgence am ideas that ought not to be lost sight of. The I speaking? Not by any man's indulgence. I Senator from Kentucky seems to forget, while am speaking by the guarantees of that Consti- he speaks of the delegated powers of this Govtation which seems to be here now so little ernment under the Constitution, that one of the respected. And, sir, when he asked what powers which is delegated is that we shall would have been done with a Roman Senator guarantee to every State of this Union a repubwho had uttered such words, a certain Senator lican form of government; that when South Caron this floor, whose courage has much risen of olina seeks to set up a military despotism, the late, replies in audible tones: "He would have constitutional power with which we are clothed been hurled from the Tarpeian Rock.” Sir, if and the duty which is enjoined upon ns is to guarever we find an American Tarpeian Rock, and antee to South Carolina a republican form of a suitable victim is to be selected, the people government. There is another idea that seems will turn, not to me, but to that Senator who, to be lost sight of in the talk about subjugation, according to the measure of his intellect and and I hope that my friends on this side of the his heart, has been the chief author of the pub-Chamber will not also lose sight of it in the exlic misfortunes. He, and men like him, have citement of the debate. I undertake to say brought the country to its present condition. that it is not the purpose of this war, or of this Let him remember, too, sir, that while in an- Administration, to subjugate any State of the cient Rome the defenders of the public liberty Union, or the people of any State of the Union. were sometimes torn to pieces by the people, What is the policy? It is, as I said the other yet their memories were cherished in grateful day, to enable the loyal people of the several remembrance; while to be hurled from the States of this Union to reconstruct themselves Tarpeian Rock was ever the fate of usurpers upon the Constitution of the United States. and tyrants. I reply with the just indignation Virginia has led the way; Virginia, in her I ought to feel at such an insult offered on the sovereign capacity, by the assembled loyal floor of the Senate chamber to a Senator who is people of that State in Convention, has organspeaking in his place. Mr. President, I shall ized herself upon the Constitution of the United not longer detain the Senate. My opinions are States, and they have taken into their own my own. They are honestly entertained. I do hands the Government of that State. Virginia not believe that I have uttered one opinion here, has her judges, her marshals, her public ofin regard to this contest, that does not reflect ficers; and to the courts of Virginia, and to the judgment of the people I have the honor to the marshals and executive officers of Virginia represent. If they do, I shall find my reward we can intrust the enforcement of the laws in the fearless utterance of their opinions; if the moment that the state of civil war shall they do not, I am not a man to cling to the bave ceased in the eastern or any other portion forms of office, and to the emoluments of public of the State. It is not, therefore, the purpose life, against my convictions and my principles; of this Government to subjugate the people of and I repeat what I uttered the other day, that Virginia, or of any other State, and subject if indeed the Commonwealth of Kentucky, in- them to the control of our armies. It is simply stead of attempting to mediate in this unfor- that we will rally to the support of the loyal tunate struggle, shall throw her energies into people of Virginia and of Tennessee and of the strife, and approve the conduct and sustain North Carolina and of Texas, ay, and of the the policy of the Federal Administration in Gulf States too when they are prepared for it; what I believe to be a war of subjugation, and we will rally to the support of the loyal people which is being proved every day to be a war of these States and enable them to take their of subjugation and annihilation, she may take Government in their own hands, by wresting her course. I am her son, and will share her it out of the hands of those military usurpers destiny, but she will be represented by some who now hold it, for they are nothing more other man on the foor of this Sepate.

and nothing less. That is all that is involved Mr. Baker—Mr. President, I rose a few min- in this contest, and I hope on this side of the utes ago to endeavor to demonstrate to the Chamber we shall never again hear one of our honorable Senator from Kentucky that all these friends talking about subjugating either a State imaginations of his as to the unconstitutional or the people of any State of this Union, but character of the provisions of this bill were that we shall go on aiding them to do just prebaseless and idle. I think every member of cisely what the loyal people of Virginia are the Senate must be convinced, from the manner doing, what the loyal people of Tennessee are of his reply, that that conviction is beginning preparing to do, what the loyal people of North to get into his own mind; and I shall therefore Carolina stand ready to do, and what the loyal leave him to settle the account with the people people in Georgia and Alabama and Louisiana, of Kentucky, about which he seems to have and last perhaps of all, the loyal people of South some predictions, which, I trust, with great | Carolina will do in reconstructing themselves

apon the Constitution of the United States. I with them in support of that motion, and shall Mr. President, I have heard the Senator from vote for the postponement of the bill; not for Kentucky to-day, and I have heard him again the reasons that have been stated by the Senaand again, denounce the President of the United tor from Kentucky in denouncing the measure, States for the usurpation of unconstitutional but because by that time this whole subject power. I undertake to say that without any may be considered, and whatever rules may be foundation he makes such a charge of usurpa- necessary to be adopted in those districts where tion of unconstitutional power, unless it be in a the civil war is to be carried on, can be adopted mere matter of form. He has not, in sub- at that time. In the mean time, it is true that stance; and the case I put to the Senator the where war in fact shall exist, of necessity these other day, he has not answered, and I defy rules will depend upon the Commander-inhim to answer. I undertake to say that, as Chief. there are fifty thousand men, perhaps, in arms against the United States in Virginia, within thirty miles of this capital, I, as an individual,

Doc. 153. though I am not President, though I am clothed GEN. FREMONT'S EXPEDITION. with

no official authority, may ask one hundred thousand of my fellow-men to volunteer to go

St. Louis, Aug. 1. with me, with arms in our hands, to take every UNUSUAL interest has been created by the one of them, and, if it be necessary, to take unwonted military activity which has followed their lives. Why do not some of these gentle- the arrival of Major-General Fremont in St. men who talk about usurpation and trampling Louis. Regiments have been constantly arrivthe Constitution under foot, stand up here and ing, the city has been fairly thronged with answer that position, or forever shut their troops ; eight steamboats have been preparing months? I, as an individual, can do all this, for their transportation down the river, and on though I am not President, and am clothed last evening there were strong indications that with no legal authority whatever, simply be the great fleet" was about to move. The cause I am a loyal citizen of the United States. commanding general of this department has I have a right to ask one hundred thousand not seen proper to inform the public accurately men to volunteer to go with me and capture beforehand with respect to the precise objects the whole of the rebels, and, if it be necessary of his enterprise, plans of his campaign, or date to their capture, to kill half of them while I of the departure of bis expedition. Upon these am doing it. No man can deny the correctness points time will undoubtedly enlighten the comof the proposition. Away, then, with all this munity. stuff, and this splitting of hairs and pettifogging The steamers City of Alton, Louisiana, and here, when we are within the very sound of the D. A. January remained at the arsenal at a late gans of these traitors and rebels, who threaten hour last night. On board the former were to march upon the capital and subjugate the the baggage and arms of a large portion of the Government. Mr. President, there is some rank and file of the Nineteenth Illinois regi. contrariety of opinion as to the propriety of ment. During the day the guns of these troops acting upon the bill pending before the Senate were exchanged for first-class Minié muskets. to-day, or as to whether we shall defer action The D. A. January steamed up to the wharf upon it until the next session of Congress. during the afternoon and took on board an adMany of our friends deem it advisable that it ditional quantity of provisions and camp equishould be postponed until then; some of them page, with which she then returned to the Arthink it should be acted on now. For myself, senal, arriving at about five P. M. I believe, as was maintained by the honorable The steamer G. W. Graham moved to the Senator from Vermont, that where civil war Arsenal at about noon, with stores of provisions actually exists, where men are actually in arms, and camp freight, and began taking on board in combat, of necessity the laws of war inust go the baggage of Lieutenant-Colonel Rombaur's with them, and the laws of war are unwritten command of Home Guards. The command emlaws. At the same time, I agree with the hon- braces one battalion of Colonel Almstedt's, and orable Senator from Illinois, that the Constitu- another of Colonel Kallman's regiment -First tion of the United States clothes Congress with and Second of the U. S. Reserve Corps. Comthe power to make rules and regulations re- mandant Rombaur is taken from Colonel Almspecting the armies of the United States, and stedt's staff, in which he is lientenant-colonel. that we may extend or we may limit the ordi- His detachment forms a splendid regiment, full nary rules of war. But, sir, as has been sug- eleven hundred strong. At 34 P. M. they were gested, it is a very important question to what out on review and parade, after which they extent they should be limited. Whether it marched on board the G. W. Graham, filling should be done now or at the next session of every deck almost to overflowing. Congress is not, in my judgment, so very ma The Iowa Second regiment was in readiness terial; but as many of my friends around me to embark, whenever ordered, upon the D. A. are disposed to allow it to pass over until the January. She already bore the baggage of the next session, when the whole subject can be corps, and a battery of artillery, including a considered and may be matured, I shall join rifled cannon captured by them from the rebels

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