in the hands of the sheriff, who arrested Major General Dix, Major Barstow, Captain Fundy, Major Powers. and other officers on guard at the offices of The World and Journal of Commerce. The military gentlemen very courteously submitted to the arrest, and their counsel, E. Delafield Smith, appeared before Judge Russell. Mr. Smith asked for time to examine into the papers and consult with his associate, ex-Judge Pierrepont, as to the future course to be pursued by them. The matter was then adjourned, the defendants in the meantime being released on their own verbal recognizances. | merce, newspapers in the city of New York, unde ircumstances which have been placed before the public, was an act unwarranted in itself, dangerous to the cause of the Union, in violation of the Constitution, and subversive of the principles of civil liberty, and as such is hereby censured by this House. At a later hour Several members objected. he moved a suspension of the rules for the purpose of offering it, but this motion was rejected-yeas 54, nays 79, as follows: YEAS-Messrs. James C. Allen, Augustus C. Baldwin, Bliss, Brooks, James S. Brown, Chanler, Coffroth, Cor, Dawson, Denison, Eden, Edgerton, Eldridge, Finck, Grider, Harding, Charles M. Harris, Herrick, Holman, Hutchins, Philip John 1864, May 26-Mr. POWELL offered this res-son, William Johnson, Kalbfleisch, Kernan, King, Knapp, olution, which went over: Resolved, That the conduct of the executive authority of this Government, in recently closing the offices and suppressing the publication of The World and Journal of Commerce, newspapers in the city of New York, under circumstances which have been placed before the public, was an act unwarranted in itself, dangerous to the cause of the Union, in violation of the Constitution, and subversive of the principles of civil liberty, and as such is hereby censured by the Senate. IN HOUSE. Law, Lazear, Mallory, Marcy, McAllister, McDowell, William H. Miller, Morrison, Nelson, Noble, John O'Neill, Pendleton, Pruyn, Radford, Samuel J. Randall, Robinson, James S. RĂ lins, Ross, Scott, John B. Steele, William G. Stede, Strouse, Voorhees, Wadsworth, Ward, Wheeler, Joseph W. White, Fernando Wood-54. NAYS-Messrs. Alley, Ames, Arnold, John D. Baldwin, Baxter, Beaman, Jacob B. Blair, Blow, Boutwell, Boyd, Broomall, William G. Brown, Ambrose W. Clark, Freeman Clarke, Cobb, Cole, Creswell, Henry Winter Davis, Thomas T. Davis, Dawes, Deming, Dixon, Donnelly, Driggs, Eckley, Eliot, Farnsworth, Garfield, Gooch, Grinnell, Higby, Hooper, Hotchkiss, Asahel W. Hubbard, Ingersoll, Jenckes, Julian, Kelley, Francis W. Kellogg, Loan, Longyear, Marvin, Mc May 23-Mr. GRINNELL asked consent to offer Bride, McClurg, Samuel F. Miller, Moorhead, Morrill, Amos this resolution, but it was objected to: Myers, Leonard Myers, Charles O'Neill, Orth, Patterson, Perham, Pike, Pomeroy, Price, William H. Randall, John H. Rice, Edward II. Rollins, Schenck, Scofield, Shannon, Sloan, Smith, Smithers, Spalding, Stevens, Thayer, Thomas, Upson, Elihu B. Washburne, William B. Washburn, Webster, Whaley, Williams, Wilder, Wilson, Windom, Woodbridge-79. Same day, Mr. ARNOLD offered this resolution, which was adopted: structed to inquire and report what, if any, additional legis Resolved, That the Committee on the Judiciary be in lation may be necessary to punish the forgery and publica tion of official documents, and what legislation is necessary to punish those who through the press or otherwise give ir formation, aid, or comfort to the rebels. CONFISCATION AND EMANCIPATION. CONFISCATION. First Session, Thirty-Seventh Congress. 1861, August 6-A bill was approved,. of which these are the first and fourth sections: demned. That if, during the present or any future insurrection against the Government of the United States, after the President of the United States shall have declared, by proclamation, that the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person or persons, his, her, or their agent, attorney, or employee, shall purchase or acquire, sell or give, any property of whatsoever kind or description, with intent to use or employ the same, or suffer the same to be used or employed, in aiding, abetting, or promoting such insurrection or resistance to tne laws, or any persons engaged therein; or if any person or persons, being the owner or owners of any such property, shall knowingly use or employ, or consent to the use or employment of the same as aforesaid, all such property is hereby declared to be lawful subject of prize and capture wherever found; and it shall be the duty of the President of the United States to cause the same to be seized, confiscated, and conSEC. 4. That whenever hereafter, during the present insurrection against the Government of the United States, any person claimed to be held to labor or service under the law of any State shall be required or permitted by the person to whom such labor or service is claimed to be due, or by the lawful agent of such person, to take up arms against the United States; or shall be required or permitted by the person to whom such labor or service is claimed to be due, or his lawful agent, to work or to be employed in or upon any fort, navy-yard, dock, armory, ship, entrenchment, or in any military or naval service whatsoever, against the Government and lawful authority of the United States, then, and in every such case, the person to whom such labor or service is claimed to be due shall forfeit his claim to such labor, any law of the State or of the United States to the contrary notwithstanding. And whenever thereafter the person claiming such labor or service shall seek to enforce his claim, it shall be a full and sufficient answer to such claim that the person whose service or labor is claimed had been employed in hostile service against the Government of the United States, contrary to the provisions of this act. -This bill, as reported from the Judiciary Committee of the Senate, did not contain the fourth section, and while it was pending in the Senate Mr. TRUMBULL moved to add this as a new section July 22: That whenever any person claiming to be entitled to the service or labor of any other person under the laws of any State, shall employ such person in aiding or promoting any insurrection, or in resisting the laws of the United States, or shall permit him to be so employed, he shall forfeit all right to such service or labor, and the person whose labor → or service is thus claimed shall be thenceforth discharged therefrom, any law to the contrary notwithstanding. Which was agreed to-yeas 33, nays 6, as follows: YEAB-Messrs. Anthony, Bingham, Browning, Chandler, Clark, Collamer, Cowan, Dixon, Doolittle, Fessenden. Foot, Foster, Grimes, Hale, Harlan, Harris, Howe, Johnson of Ten nessee, King, Lane of Kansas, McDougall, Morrill, Nesmith, bull, Wade, Wilkinson, Wilmot, Wilson-33. Pomeroy, Sherman, Simmons, Sumner, Ten Eyck, Trum NAYS-Messrs. Breckinridge, Johnson of Missouri, Kennedy, Pearce, Polk, Powell—6. The bill then passed without a division. IN HOUSE. August 2-The House Committee on the Judiciary reported a substitute for the bill, which provides that whenever hereafter, during the existence of the present insurrection against the Government of the United States, any person held to labor or service under the laws of any State shall be required or permitted, by the person to whom such labor or service is due, or his legal agent, to take up arms against the United States, or to work, or be employed in or about any fort, navy-yard, armory, dock-yard, ship, or in any military or naval service, against the Government of the United States, or as the servant of any person engaged in active hostilities against the United States, then the person to whom such labor is due shall forfeit all claim to such service or labor, any law of any State, or of the United States, to the contrary notwithstanding; and, in case of a claim for such labor, such facts shall be a full and sufficient answer. Which was rejected without a division; when, after debate, the bill was recommitted to the committee. August 3-The committee reported the Senate bill with a substitute for section four, adopted above in the Senate, being the fourth section of the act as approved. A motion to table the bill was lost-yeas 47, nays 66; and the amendment was agreed to, and the bill passed-yeas 61, nays 48, as fol lows: YEAS-Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, Baxter, Beaman, Bingham, Francis P. Blair, Samuel S Blair, Blake, Buffinton, Chamberlain, Clark, Colfax, Frederick A. Conkling, Covode, Duell, Edwards, Eliot, Fenton, Fessenden, Franchot, Frank, Granger, Gurley, Hanchett, Harrison, Hutchins, Julian, Kelley, Francis W. Kellogg, William Kellogg, Lansing, Loomis, Lovejoy, McKean, Mitchell, Justin S. Morrill, Olin. Potter, Alexander H. Rice, Edward II. Rollins, Sedgwick, Sheffield, Shellaberger, Sherman, Sloan, Spaulding, W. G. Steele, Stevens, Benjamin F. Thomas, Train, Van IIorn, Verree, Wallace, Charles W. Wal ton, E. P. Walton, Wheeler, Albert S. White, Windom-61 NAYS-Messrs. Allen, Ancona, Joseph Baily, George H. Browne, Burnett, Culvert, Cor, Cravens, Crisfield, Critten den, Diven, Dunlap, Dunn, English, Fouke, Grider, Haight, Hale, Harding, Holman, Horton, Jackson, Johnson, Law, May, McClernand, McPherson, Mallory, Menzies, Morris, Noble, Norton, Odell, Pendleton, Porter, Reid, Robinson, James S. Rollins, Shiel, Smith, John B. Steele, Stratton, Francis Thomas, Vallandigham, Voorhees, Wadsworth, Webster, Wickliffe-48. August 5-The Senate concurred in the amendment of the House-yeas 24, nays 11, as follows: YEAS-Messrs. Anthony, Bingham, Browning, Clark, Collamer, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harris, King, Lane of Indiana, Lane of Kansas, McDougall, Sherman, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilson-24. of a State, member of a convention or legisla ture, or judge of any court of any of the socalled Confederate States of America. Fourthly. Of any person who, having held an office of honor, trust, or profit in the United States, shall hereafter hold an office in the socalled Confederate States of America. under any pretence whatever, assume to decide on the validity of the claim of any person to the service or labor of any other person, or surrender up any such person to the claimant, on pain of being dismissed from the service. That the President of the United States is authorized to employ as many persons of African descent as he may deem necessary and proper for the suppression of this rebellion, and for this purpose he may organize and use them in such manner as he may judge best for the public welfare. That the President of the United States is hereby authorized to make provision for the transportation, colonization, and settlement, in some tropical country beyond the limits of the United States, of such persons of the African race made free by the provisions of this act as may be willing to emigrate, having first obtained the consent of the Government of said country to their protection and settlement within the same, with all the rights and privileges of freemen. Mr. CLARK moved to add the last clause. Mr. POWELL moved to strike out the word "real"; which was rejected-yeas 6, nays 31, as follows: YEAS-Messrs. Davis, Henderson, Powell, Saulsbury, Stark, Wilson of Missouri-6. NAYS-Messrs. Anthony, Browning, Chandler, Clark, Cowan, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Howard, Howe, King, Lane of Indiana, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Lane of Kansas, McDougall, Morrill, Pomeroy, Sherman, Wilmot, Wilson of Massachusetts, Wright-31. The amendment of Mr. CLARK was agreed to-yeas 25, nays 15, as follows: YEAS-Messrs. Anthony, Browning, Chandler, Clark, ColThat the President is hereby authorized, at lamer, Cowan, Doolittle, Fessenden, Foot, Foster, Hale, any time hereafter, by proclamation, to extend Harris, Henderson, Howard, Howe, Lane of Kansas, Mor to persons who may have participated in the, Pomeroy, Sherman, Simmons, Sumner, Ten Eyck, Willey, Wilson of Massachusetts, Wright-25. existing rebellion in any State or part thereof, pardon and amnesty, with such exceptions and at such time and on such conditions as he may deem expedient for the public welfare. Same day-This joint resolution was proved: NAYS-Messrs. Carlile, Davis, Grimes, Harlan, Kennedy, King, Lane of Indiana, Powell, Saulsbury, Stark, Trumbull, Wade, Wilkinson, Wilmot, Wilson of Missouri-15. July 17-The PRESIDENT sent this message ap-Fellow-Citizens of the Senate and to Congress: That the provisions of the third clause of the fifth section of "An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes," shall be so construed as not to apply to any act or acts done prior to the passage thereof; nor to include any member of a State Legislature, or judge of any State court, who has not in accepting or entering upon his office, taken an oath to support the Constitution of the socalled Confederate States of America; nor shall any punishment or proceedings under said act be so construed as to work a forfeiture of the real estate of the offender beyond his natural life. VOTE ON THE BILL. July 11-The bill, being the report of a committee of conference, passed the House--yeas 82, nays 42, as follows: House of Representatives: insurrection, to punish treason and rebellion, Considering the bill for An act to suppress to seize and confiscate the property of rebels, and for other purposes," and the joint resolution explanatory of said act, as being substantially one, I have approved and signed both. Before I was informed of the resolution, I had prepared the draft of a message, stating objections to the bill becoming a law, a copy of which draft is herewith submitted. ABRAHAM LINCOLN. July 12, 1862. [Copy.] Fellow-Citizens of the House of Representatives: originated, the bill for an act entitled "An act to suppress I herewith return to your honorable body, in which it treason and rebellion, to seize and confiscate the property of rebels, and for other purposes," together with my objections to its becoming a law. YEAS-Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, Baxter, Beaman, Bingham, Jacob B. Blair, Samuel S. Blair, Blake, Buffinton, Campbell, Casey, Clark, Colfax, Frederick A. Conkling, Roscoe Conkling, Covode, Cutler, Davis, Dawes, Duell, Dunn, Edwards, Eliot, Ely, Fenton, Fessenden, Fisher, Frank, Gooch, Goodwin, Gurley, Hale, Hooper, Hutchins, Julian, Kelley, Francis W. Kellogg, William Kellogg, Lan- tion. It is wholly prospective and it touches neither There is much in the bill to which I perceive no objecsing, Loomis, Lovejoy, Low, McKnight, McPherson, May-person or property of any loyal citizen, in which particular nard, Mitchell, Moorhead, Anson P. Morrill, Justin S. Mor-it is just and proper. rill, Nixon, Patton, Timothy G. Phelps, Pike, Porter, Potter, Alexander H. Rice, John H. Rice, Riddle, Edward H. Rollins, Sargent, Sedgwick, Shanks, Shellabarger, Sherman, Stevens, Stratton, Trimble, Trowbridge, Van Horn, Verree Wall, Wallace, Walton, Washburne, Wheeler, Albert S. White, Wilson, Windom, Worcester-82. NAYS-Messrs. William Allen, William J. Allen, Ancona, Baily, Biddle, George H. Browne, Clements, Cobb, Cox, Crisfield, Crittenden, Dunlap, Fouke, Granger, Grider, Haight, Hall, Harding, Holman, Kerrigan, Knapp, Law, Lazear, Lehman, Mallory, Menzies, Morris, Nugen, Odell, Pendleton, James S. Rollins, Segar, Shiel, John B. Steele, William G. Steele, Stiles, Benjamin F. Thomas, Francis Thomas, Ward, Webster, Wickliffe, Wood-42. July 12-The bill passed the Senate-yeas 28. nays 13, as follows: and punishment of persons who shall be guilty of treason, The first and second sections provide for the conviction and persons who shall "incite, set on foot, assist, or engage in any rebellion or insurrection against the authority of the United States, or the laws thereof, or shail give aid or to any such existing rebellion or insurrection." By fair comfort thereto, or shall engage in or give aid and comfort construction, persons within those sections are not punished without regular trials in duly constituted courts under the forms and all the substantial provisions of law and the Constitution applicable to their several cases. To this I perceive no objection; especially as such persons would be within the general pardoning power, and also the special provision for pardon and amnesty contained in this act. It is also provided that the slaves of persons convicted under these sections shall be free. I think there is an unfortunate form of expression, rather than a substantial obYEAS-Messrs. Anthony, Chandler, Clark, Doolittle, Fes-jection, in this. It is startling to say that Congress can free senden, Foot, Foster, Grimes, Hale, Harlan, Harris, Howard, Howe, King, Lane of Indiana, Lane of Kansas, Morrill, Pomeroy, Sherman, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilmot, Wilson of Massachusetts, Wright-23. a slave within a State, and yet if it were said the ownership of the slave had first been transferred to the nation, and Congress had then liberated him, the difficulty would at once vanish. And this is the real case. The traitor against the General Government forfeits his slave at least as justly as he does any other property; and he forfeits both to the Government against which he offends. The Government, so far as there can be ownership, thus owns the forfeited slaves, and the question for Congress in regard to them is, "shall they be made free or sold to new masters?" I perceive no objection to Congress deciding in advance that they shall be free. To the high honor of Kentucky, as I am informed, she is the owner of some slaves by escheat, and has sold none, but liberated all. I hope the same is true of some other States. Indeed, I do not believe it will be physically possible for the General Government to return persons so circun parts of the act will be noticed hereafter. ilar provisions are not uncommon in connection with pro- Other Proceedings. IN HOUSE. 1862, May 14-The Select Committee consist stanced to actual slavery. I believe there would be physicaling of Messrs. Eliot of Mass., Sedgwick of New resistance to it, which could neither be turned aside by ar- York, Noell of Missouri, Hutchins of Ohio, Malgument nor driven away by force. In this view I have no lory of Kentucky, Beaman of Michigan, and objection to this feature of the bill. Another matter involved in these two sections and running through other Cobb of New Jersey, reported two bills-one "to confiscate the property of rebels for the payment of the expenses of the present, rebellion, and for other purposes;" and the other "to free from servitude the slaves of rebels engaged in or abetting the existing rebellion against the Government of the United States." tions. within them is clear. That those who make a causeless war The former bill was first considered. It provided that all the estate and property, money, stocks, credits, and effects of the persons hereafter named in this section, are hereby forfeited to the Government of the United States, and are declared lawful subjects of seizure and I perceive no objections to the third and fourth secSo far as I wish to notice the fifth and sixth sections, they may be considered together. That the enforcement of these sections would do no injustice to the persons embraced should be compelled to pay the cost of it is too obviously just to be called in question. To give governmental protection to the property of persons who have abandoned it and gone on a crusade to overthrow that same Government is absurd, if considered in the mere light of justice. The severest justice may not always be the best policy. The principle of seizing and appropriating the property of the person embraced within these sections is certainly not very objec tionable, but a justly discriminating application of it would be very difficult, and, to a great extent impossible. And of prize and capture wherever found, for the inwould it not be wise to place a power of remission some-demnity of the United States against the ex where, so that these persons may know they have something to lose by persisting and something to gain by desisting? Ipenses of suppressing the present rebellion." am not sure whether such power of remission is or is not within section thirteen. Without any special act of Congress, I think our military commanders, when, in military phrase, they are within the enemy's country," should, in an orderly manner, seize and use whatever of real or personal property may be necessary or convenient for their commands; at the same time preserving, in some way, the evidence of what they do. What I have said in regard to slaves while commenting on the first and second sections is appplicable to the ninth, with the difference that no provision is made in the whole act for determining whether a particular individual slave does or does not fall within the classes defined in that section. He is to be free upon certain conditions; but whether those conditions do or do not pertain to him, no mode of ascertaining is provided. This could be easily supplied. To the tenth section I make no objection. The oath therein required seems to be proper, and the remainder of the section is substantially identical with a law already existing. The eleventh section simply assumes to confer discretionary power upon the Executive. Without the law, I have no hesitation to go as far in the direction indicated as I may at any time deem expedient. And I am ready to say now, I think it is proper for our military commanders to employ, as laborers, as many persons of African descent as can be used to advantage. The twelfth and thirteenth sections are something better than objectionable; and the fourteenth is entirely proper, if all other parts of the act shall stand. That to which I chiefly object pervades most part of the act, but more distinctly appears in the first, second, seventh, and eighth sections. It is the sum of those provisions which results in the divesting of title forever. For the causes of treason and ingredients of treason, not amounting to the full crime, it declares forfeiture extending beyond the lives of the guilty parties; whereas the Constitution of the United States declares that "no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted." True, there is to be no formal attainder in this case; still, I think the greater punishment cannot be constitutionally inflicted, in a different form, for the same offence. With great respect I am constrained to say I think this feature of the act is unconstitutional. It would not be difficult to modify it. I may remark that the provision of the Constitution, put in language borrowed from Great Britain, applies only in Again, this act, in rem, forfeits property for the ingredients of treason without a conviction of the supposed criminal, or a personal hearing given him in any proceeding. That we may not touch property lying within our reach because we cannot give personal notice to an owner who is absent endeavoring to destroy the Government is certainly satisfactory. Still, the owner may not be thus en gaged; and I think a reasonable time should be provided for such parties to appear and have personal hearings. Sim this country, as I understand, to real or landed estate. The classes are substantially as stated in the act, and the provisions of the bill are, in large part, those of the act. Pending its consideration, May 26-Mr. RoscoE CONKLING moved the addition of the proviso to the fifth clause of the fifth section, which was agreed to-yeas 100, nays 50-as follows: YEAS-Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, Baker, Baxter, Beaman, Francis P. Blair, Jacob B. Blair, Samuel S. Blair, Blake, William G. Brown, Buffinton, Campbell, Chamberlain, Clark, Clements, Colfax, Frederick A. Conkling, Roscoe Conkling, Cutler, Davis, Dawes, Delano, Duell, Dunn, Edgerton, Edwards, Eliot, Ely, Fenton, Fessenden, Fish, Frank, Gooch, Goodwin, Granger, Gurley, Hanchett, Hai son, Hickman, Hooper, Horton, Hutchins, Julian, Kelley, Francis W. Kellogg, William Kellogg, Killinger, Lansing, Loomis, Lovejoy, McKnight, McPherson, Mitchell, Moorhead, Anson P. Morrill, Justin S. Morrill, Nixon, Noell, Olin, Patton, Timothy G. Phelps, Pike, Pomeroy, Porter, Potter, Price, Alexander II. Rice, John H. Rice, Riddle, Edward H. Rollins, Sargent, Sedgwick, Shanks, Sheffield, Sloan, Saith, Spaulding, Stevens, Stratton, Benjamin F. Thomas, F. ancis Thomas, Train, Trimble, Trowbridge, Van Horn, Van Val kenburgh, Verree, Wall, Wallace, E. P. Walton, Washburne, Wheeler, Whaley, Albert S. White, Wilson, Windom, Wor cester-100. NAYS-Messrs. Allen, Ancona, Baily, Biddle, George H. Browne, Calvert, Cobb, Corning, Cox, Cravens, Crisfield, Crittenden, Dunlap, English, Grider, Haight, Hall, Harding, Holman, Johnson, Kerrigan, Knapp, Law, Lazear, Leary, Lehman, Mallory, Maynard, Menzies, Noble, Norton, Nugen, Odell, Pendleton, Perry, John S. Phelps, Richardson, Rob inson, James S. Rollins, Shiel, John B. Steele, William G. Steele, Vallandigham, Voorhees, Wadsworth, Ward, Webster, Wickliffe, Wood, Woodruff-50. Mr. MAYNARD submitted a substitute, defining the offence of treason an aflixing the penalty of death by hanging; and if the offender shall theretofore have held any office under the Government of the United States, of honor or profit, whether military, naval, or civil, he shall be adjudged in a fine at least equal to the proven value of his entire estate." It also defines misprision of treason, and affixes the pu ishment of confinement at hard labor for not less than five years and a fine equal to his or her entire estate. It makes other offences, described, high misdemeanors, punishable, on conviction, with fine not less than $100, a |