The Closing Scene. solution of the ties which bind every American citizen to his country; and impartial history will so decide. My confidence in the American people is such that I believe no just complaint can long exist without a redress at their hands. There is always a remedy in the Union. With this view, I still declare my willingness to join in measures of compromise. I would do so because of the ancient ties that have bound us together, under institutions framed by our fathers, and under a Constitution signed by the immortal Washington. I would do so for the national honor committed to the experiment of free institutions. I would do so for the love I bear my countrymen in all parts of our beloved land, and especially so for the sake of the noble band of patriots in the Border States, who, in the midst of great opposition, have stood as firm as rocks in the wild ocean, for the peace and perpetuity of the Union." The close of his address was a benediction on the country and on the members of the House, with whom he had been so long and so agreeably associated. He concluded by announcing that the House of Representatives of the Thirty-sixth Congress was adjourned sine die. The Senate proceedings of Monday morning were interesting and brief. At the hour of noon the Vice-President called the Senate to order and addressed them: "SENATORS-The experience of several years in this body has taught me something of the duties of the presiding officer, and with a stern, inflexible purpose to discharge these duties faithfully, relying upon the courtesy and cooperation of Senators, and invoking the aid of Divine Providence, I am now ready to take the oath required by the Constitution, and to enter upon the discharge of the official duties assigned me by the confidence of a generous people." 66 Mr. Hamlin then took the oath, as follows: I, Hannibal Hamlin, do solemnly swear to support the Constitution of the United States." Mr. Breckenridge said: "Having now arrived at the termination of this Congress, I now declare the Senate adjourned without day." Mr. Hamlin took the chair, and the proclamation for an extra session was read. Thus closed the second session of the XXXVIth Congress of the United States. That it was one of the most anxious ever held, history will not fail to affirm. The fate of a nation hung upon its words-the happiness, prosperity, and destiny of a people depended upon its enactments. That it spoke and legislated wisely is a question for the future to determine. In reviewing its proceedings, we are first impressed with the radical nature of the dif ferences both of opinion and polity which prevailed, to a great degree, among members, They were not differences of kind, but of absolute antagonisms-such as never could and One party never will exist in harmony. claimed, on principles of right, a positive rec "SENATORS-In taking final leave of this position, I shall ask a few moments in which to tender to you my grateful acknowledgments for the resolution declaring your approval of the manner in which I have discharged my duties, and to express my deep sense of the uniform courtesy which, as the presid-ognition of Slavery, by the Constitution ing officer, I have received from the members of this body. If I have committed errors your generous forbearance refused to rebuke them, and during the whole period of my service I have never appealed in vain to your justice or charity. "The memory of these acts will ever be cherished among the most grateful recollections of my life; and for my successor I can express no better wish than that he may enjoy the relations of mutual con fidence which so happily have marked our intercourse. Now, gentlemen of the Senate, and officers of the Senate, from whom I have received so many and by the acknowledgments of the Free States; another party pronounced that assumed right to be unfounded in law, in equity, or in humanity, and therefore not to be conceded under any pretext. A conservative few stood between these antagonisms, holding to the hands of each, in the endeavor to lock them in the fraternal embrace. But, though their mediation was passively accepted, hearts and opinions were unchanged -so deep-rooted and ineradicable were their kind offices, accept my gratitude and cordial wishes differences; and the country looked upon the for your prosperity and welfare." votes given for "compromise" as the merest IMPORTANT CHAPTER XXXVIII. OF WITH REPORTS OF THE SELECT (HOUSE) COMMITTEE FIVE. REPORT ON THE PRESIDENT'S CORRESPONDENCE THE SOUTH CAROLINA COMMISSIONERS. THE MINORITY REPORT, (DISSENTING.) REPORT ON THE SECESSION REVOLUTION, AND THE DUTY OF THE GOVERNMENT. The Majority Report. "Accompanying the message of the President referred to this Committee, is a copy of certain correspondence had between the President and Messrs. R. W. Barnwell, J. H. Adams, and J. L. Orr, claiming to be Commissioners on the part of South THE Special Committee of Five on the caution, which the future would approve. President's Message of February 8th-con- We give place to these documents-forming, sisting of Messrs. Howard, (Rep..) of Michi- as they do, historical ranges, by which to gan, Dawes, (Rep.,) of Massachusetts, Rey-direct the student of events into correct and nolds, (Rep.,) of New York, Cochrane, (Dem) acknowledged channels. of New York, and Branch, (Dem.,) of North Carolina-reported, from time to time, on the subjects committed to their discretional investigation. Their report on the condition of the Navy has been given [see p. 440, et sequitur.] February 27th, the Committee submitted a majority report, covering the entire question of the President's correspondence with the South Carolina Commissioners, and the complicity with treason chargeable to certain members of the Cabinet. The report is an important document, giving the version to acts of an Executive character which was sustained by a vast majority of the people, as well as by the force of facts, whose authenticity will bear but one statement. The Minority Report, made by Mr. Cochrane-having also the concurrence of Mr. Branchdefended the Executive from censure, and pronounced his course one of wisdom and Carolina, authorized and empowered to treat with the Government of the United States for the delivery of the forts, magazines, light-houses, and other real estate, with their appurtenances, within the limits of South Carolina, and also for the apportionment of the public debt, and a division of all other property held by the Government of the United States as agent of the Confederated States, of which South Carolina was recently a member; and generally to negotiate as to all other measures and arrangements proper to be made and adopted in the existing relations of the parties, and for the continuance of peace and amity between the Commonwealth (of South Carolina) and the Government at Washington. "A further message of the President, under date of February 8th, 1861, and referred to the Committee, The Majority Report. communicates a copy of certain | made the subject of a formal correspondence, growing out of another special mission from the State of South Carolina to the President of the United States, having for its object a demand upon the Government of the United States for the delivery of Fort Sumter, in the harbor of Charleston, to the constituted authorities of the State of South Carolina. 46 The correspondence above referred to is submitted bythe President without comment, or any suggestion as to the propriety or necessity of any action by Congress in respect to it, or to the various subjects to which it refers. If important to be submitted to Congress at all, it seems certainly to be of a character demanding grave consideration; and the fact that it has been placed before us by the President implies that, in his opinion, at least, it involved considerations which might properly engage the attention of the legislative branch of the Government, in connection with the various other matters forced upon it by the necessities of the times. The Committee has, therefore, thought it expedient and proper to direct attention to these special embassies, their object, the action of the President thereon, and, incidentally, to the character of the correspondence. and elaborate reply. Consider- The Majority Report disloyal State, could be regarded in no other light than as engaged in a revolutionary effort to subvert the Government of the United States; and, being so regarded, it would appear to have been the plain duty of the Executive to enforce the laws against any individuals, however eminent and respectable, known or suspected of complicity in any movement of a treasonable character. We are not able to imagine any circumstances under which the President of the United States would be justified in enter taining diplomatic intercourse with the State of South Carolina, in her present attitude to the General Government, except upon the assumption that by the action of her authorities she had succeeded in acquiring the position of an independent power, owing no duty whatever to the Government of the United States. "The first communication to the President, by Messrs. Barnwell, Adams, and Orr, under date of December 28th, 1860, communicates an official copying this Commission, acting under the sanction of a of an Ordinance of Secession, adopted by the State of South Carolina, on the 20th of the same month, by virtue of which that State assumes to have withdrawn from the Federal Union, and taken the position of an entirely independent nation. That such an attitude was assumed by South Carolina, in attempting negotiations with the Government of the United States, is not only obvious from the history of current events, but it was most distinctly asserted by her Commissioners,' in their communication to the President. The movement of Major Anderson from Fort Moultrie to Fort Sumter, after their arrival in Washington, seems to have been regarded as an obstacle, on their part, to the opening of any discussion touching the object of their mission, until the circumstances attending that movement should be explained in a manner which would relieve them of all doubt as to the spirit in which the contemplated "As before stated, it is claimed by her, and in her negotiations should be conducted. They, however, behalf, that she now occupies such a position, and urge upon the President the immediate withdrawal | her agents are sent hither upon that assumption, of the troops of the United States from the harbor charged with most extraordinary and insolent deof Charleston, upon the allegation that they are a mands upon the President. The reception, by the standing menace, which rendered negotiations impos- President, of such a communication under such cir sible, and which, as they express it, 'threaten speed- cumstances, and awarding the dignity of an official ily to bring to a bloody issue questions which ought reply, involves, to some extent, the recognition of to be settled with temperance and judgment.' This the assumed position of the rebellious State, and communication was received by the President, and | impliedly admits that the individuals engaged in the THE MAJORITY REPORT. 481 revolutionary movements against The Majority Report. the Federal Government have acquired a political position which entitles them to some other consideration than is most commonly due to those who invite a collision with established authority. It is this attitude of the President that the Committee particularly desire to express dissent from, and to affirm most emphatically the doctrine that so long as the Federal Government exists, its Constitution and laws operate with full vigor upon the people of every State, and that no action of State authority of less degree than successful revolution can justify any department of the Government in treating any persons engaged in the effort to throw off all Federal obligations other than rebels and traitors, and entitled to be dealt with as such. The Majority Report. course in respect to the aban "The Committee do not propose to discuss here whether it is wise or politic at the present time to employ the whole power of the Government under all circumstances and at all hazards to punish of fenders against its laws. In times of extensive civil commotion and discontent, prudence may dictate great caution and forbearance in the exercise of acknowledged powers; and when whole communities assume the attitude of revolution against established Government, for real or imaginary wrongs, it may be wise to listen to their complaints with attention, and not, by any unnecessary rigor against palpable violations of law, provoke passions already unduly and unreasonably excited. But when growing discontent assumes the position of actual hostility; when, instead of seeking redress under existing boldly avowed by overturning the Government to which their allegiance is due, we cannot see the wisdom of a policy which permits treason to perform its work without hindrance or molestationabove all we cannot sanction a policy in the Executive Department of this Government which professes a purpose of executing its laws and protecting its property from unlawful violence, and yet re ing, and entertains friendly intercourse with embassies instigated by and growing out of the highest type of treason to the Federal Constitution. "Even if, from any considerations growing out of the structure of our Government, or the dangerous tendency of the secession movement in several States of the Union, the anxiety to prevent the shedding of blood, and of avoiding the evils of civil war, great forbearance in the actual enforcement of the laws against political offenders may be pardoned, and perhaps justified, we are not prepared to give our assent to any action of the Executive Depart-forms, resort is had to force, and the purpose is ment, which, in express terms, or by necessary implication, may seem to place the responsible actors and abettors of secession in any State of the Union in any other aspect than that of traitors to the Constitution of the United States. It is believed that the assertion and maintenance of this position is essential to the existence of the Federal Government, and without which it neither can have nor deserve obedience at home or respect abroad. It may.mains inactive when revolution is actually impend perhaps, for a time, be tolerated that offenders against the laws may be permitted to go 'unwhipt of justice.' The forcible seizure of public property by rebellious citizens may temporarily be allowed to pass unpunished, for reasons which may appear satisfactory to those charged with executive duty; but this condition of things cannot be of long continuance. Either the Government must vindicate its power, or it will itself become powerless. If any portion of the people of the Republic may at their pleasure repudiate all Federal authority, defy and disorganize the Government, seize its property, and insult its flag, without incurring the hazard of punishment for treason, either by civil or military authority, we may well admit that there is no Government of the United States worthy of preservation. And if, after the people of the State, without adequate cause, have announced their purpose of repudiating all allegiance to the Federal Union, they are without question to be entertained by the Government of the United States, in diplomatic inter The President acknowledges the obligation of his oath to protect and defend the Constitntion and enforce the laws made in obedience to its requirements, denies the right of secession, and yet in the correspondence before us we have the evidence that with full knowledge that the authority of the Government has been set at defiance, its dignity insulted, and its flag dishonored, he yet negotiates with treason and commits the Government to a partial recognition of the revolutionary movement for its destruction. If for any considerations of policy he may be justified in suspending the exercise of its powers, we know of no reason that can justify a course of action which ignores the theory upon which the whole foundation of the Government rests. If the fact that the Government has the power to protect itself from domestic violence may not prudently be acted upon under any apprehen The Majority Report. sion that any exercise of au- | Government-provided, that no thority may irritate and exasperate those already in open rebellion, it would be some consolation to such of the citizens of the United States as are still loyal to the Constitution to feel assured that the desire to shield traitors from the consequences of their acts may not result in the utter demoralization of all Federal authority and dignity. "If we recur to the contents of the correspondence to which we have referred, there is but little to commend it to favorable consideration. The communication by the Commissioners' of South Carolina to the President conveys, in the most unqualified terms, an imputation of bad faith upon the President, and of necessity upon the Government of the United States, on account of the occupation of Fort Sumter by Major Anderson and his command. It is clearly intimated that some agreement previously made by the President respecting the occupation of the forts in the harbor of Charleston had been violated. From this charge the President has undertaken to defend himself, and to furnish excuses for the action of the Government in respect to the occupation of its own fortresses and the disposition of its own troops. The fact that the State of South Carolina intended to rebel against the Government of the United States was well understood long before her ordinance of secession was actually adopted. The probable consequences of such action, it was also well known, would be an attempt, on the part of the State, to take possession of all the forts, arsenals, magazines, and other public property within her limits. Under such circumstances, nothing would seem to be clearer than the duty of the President to provide in due time an adequate force for the protection of all the public property in danger of assault. Instead, however, of taking such a course, the President seems to have been in communication with those engaged in rebellion, and a sort of understanding appears to have been had early in December, that no action should be taken by the Government of the United States to reinforce the command charged with the defence of the forts in the harbor of Charleston. The Majority Report reinforcements shall be sent to "At the time this paper was presented the Presi dent objected to the word provided,' as it might, as he expressed it, be construed into an agreement on his part which he never would make.' It was, he thinks, obvious there could be no such agreement made, and he says it was regarded in effect as the promise of highly honorable gentlemen to exert their influence for the purpose expressed. The purpose of the President was well known not to reinforce the forts in Charleston harbor until they had been actually attacked, or until he had certain evidence that they were about to be attacked; and we are informed by his communication before us that in respect to these forts he acted in the same manner that he would have done if he had entered into a formal agreement with parties capable of contracting. It does not, therefore, appear to be material whether, in a strict technical sense, there was or was not an agreement to the effect indicated in the paper lodged with him by the Representatives in Congress from the State of South Carolina. It is perfectly clear that at that time it was regarded as certain South Carolina would attempt to seceda from the Union, and intended to obtain possession of these forts, either by force or negotiation. With a knowledge of these purposes, the President determined to send the officer in command no reinforcements, and he has acted in this respect in the same manner as he would have done if he had made a formal agreement to that effect. "In this disclosure the Committee is not able to resist the inference that, in the beginning of the revolutionary movement against the Government of the United States, there were relations of an extremely friendly character between those who contemplated rebellion, and those whose duty it was to suppress it. We cannot but regard it as a most extraordinary fact that parties notoriously contemplating the disruption of the Government, should beforehand stipulate with its executive authority in respect to the most convenient and least dangerous mode for making the rebellion successful. While the President has avowed his determination to execute the laws, he does not seem to have regarded treason to the Constitution of the United States contemplated and existing as among the crimes condemned by the laws of the land and deserving punishment. "That crime, the highest known to the laws of the world, appears in our history to have assumed a milder form, to be treated with marked tenderness by the authorities of the Government against which |