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, would establish my action ag within the legal con- The committee review the case, and construction of the postal acts authorizing the transportation clade as follows: of printed matter in the United States mails. It would settle the right of this department and its various officers to Your committee are not unmindful of the fact that too resist all efforts to make them particeps criminis of treason great caution cannot be exercised in arriving at a conclusion and rebellion, by compelling them to circulate and distrib-l as to what is and what is not lawful mailable matter ; or, ate with their own hands the moral weapons which are to in other words, what papers, publications, or messages are bring civil war to their firesides, with its horrible train of treasonable in their character, or for other reasons unlaw. barbarities in the destruction of life and property. Upon the like considerations I have, at different times, ful, and should, therefore, he excluded from the mails.

In the case now before the committee the grand jary of excluded from the mails obscene and scandalous printed one of the federal courts in the State of New

York concur. matter ou exhibition of its criminal immorality. If an un- red in opinion with the head of the Post Ofice Department kaled printed publication were offered to the mails, insti- in the construction of the character of the publications, gating murder, arson, destruction of railroads, or other and the purposes of the publishers, it being, too, in a time crimes

, and advocating an organization for such purposes, I when extreme vigilance was demanded in the executive dould,

apon the same principles, without hesitation, er department of the Government to preserve the integrity of clude it from the mails as unlawful matter, in the absence the Union. And the object being to secure that noble

and a contravening act of Congress. I do not wish to be understood, however, as indorsing, but master General was not only within the scope of his powers,

patriotic object, your committee believe the act of the Post rather as distinctly dissenting from, some of the arguments but induced solely by considerations of the public good. and conclusions, and from the extent to which preceding Administrations have gone, as indicated by some of the Mr. Geo. H. PENDLETON, of Ohio, (of the Ju. beregning citations. The precedents and arguments go far beyond any action which I have taken, or would be willing diciary Committee,) in his speech, March 3, to take, under the like circumstances.

1863, in tho House, quoted these two additional twenty-ight thousand postmasters of the country to judge, i835 :

Ist, I reject that portion of the precedents which allows paragraphs from Amos KENDALL's opinion of each for himself, what newspapers are lawful and what unlawful; what may go in the mails and what shall be ex- “After mature consideration of the subject, and seeking cluded. I have refused to allow postmasters to sit in final the best advice within my rench, I am confirmed in the fudgment upon all the interests involved, subject as they opinion that the Postmaster General has no legal authority, ure to conflicting local prejudices. The Postmaster General, by any order or regulation of the Department, to exclude who is more directly responsible to Congress, and more ac- from the mails any species of magazines, newspapers, or pessible to their inquiries, should alone exercise such pamphlets. Such a power vested in the head of this Debe bority, in whatever degree it exists, and should not partment would be fearfully dangerous, and has therefore devoive it on subordinates. Whatever control can be law- been withheld. Any order or letter of mine directing or filly exercised over the mails by a postmaster may always officially sanctioning the step you have taken would, therebe exercised or ordered by the chief, under whose direction fore, be utterly powerless and void, and would not in the the law expressly subordinates the postmaster. This is a slightest degree relieve you from its responsibility. Felferident proposition. It has, however, been sustained * The Postmaster General has no legal power to pre by the official opinion of the Attorney General of tho scribe any rules for the government of postmasters in such United States, dated March 2, 1857.

cases; nor has he ever attempted to do so. They act in 21. I dissent from the extent to which the doctrine has each case on their own responsibility; nd they imbeen carried by late administrations, that in time of peace, properly detain or use papers sent to their offices for trans and in the absence of all hostile or criminal organizations, mission or delivery it is at their peril, and on their heads Operating against Constitution or law, either a Postmaster falls the punishment. If in time of war a postmaster should General, or any postmaster, can at will exclude from the detect the letter of an enemy or a spy passing through the maila newspapers and other printed matter which contain mail, which, if it reached its destination, would expose his discussions obnoxious to some special interest, but not country to invasion and her armies to destruction, ought he aited against Government, law, or the public safety. It is not to arrest it? Yet where is his legal power to do so ?” too dmgerous a discretion to be exercised or desired by any executive officer attached to the constitutional freedom of

He added : the press. Such has been, in some cases, the action of this In 1836, Mr. Calhoun, as chairman of a special committee department in late years, and I take this occasion to break of the Senate, reported a bill making it a penal offence for the too great uniformity of its decisions in this respect. any postmaster to receive into the mails for transmission Eren in time of war, the power so long conceded should be to any person within a State, or to deliver out of the mails used with great care and delicacy. I say in time of war, to any such person, any publication the circulation

of because the exautivo department has powers then which which was forbidden by that State. Subsequently the first do not attach to it in time of peace. The Constitution pro- clause of the bill was stricken out, and the latter, relating vides that do person shall be deprived of life, liberty, or to the delivery of such matter, was retained. It gave riso property without due process of law; nor shall private to much discussion, and elicited an extremely ablo debate property bo taken for public use without just compensa- from the most eminent members of that then very ablo tion." Yet, in time of war, the life, liberty, and property of body. Mr. Calhoun, the zealous advocate of the bill, conpersons in the United States, being also insurrectionary tended that a bill of this nature was the only one which betries of the United States, are necessarily taken without Congress had the power to pass; that Congress could not any process except that of powder and the bayonet. And discriminate in reference to character what publications bo nan denies the right as an incident of war. Yet, in shall or shall not be transmitted through the mail, without peace, it could not be done. These acts are as thoroughly abridging the liberty of the press, and subjecting it to the constitutional in war as they are unconstitutional in peace. control of congressional legislation; but that no such reharmony with this principle, I would give far greater striction applied to the States; they might forbid such latitude to alleged wrongful and obnoxious printed matter publications as they thought dangerous, and that Congress in a period of peace than would be justifiable in a time of war. I had the power, and ought to exercise it, of co-operating This reply to the inquiry transmitted to me by the com

with the States in repressing the circulation of publications thus prohibited.

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VIRGINIA AND THE TRIBUNE.

Webster, Niles, Ewing, and Davis, with others from the that occasion or against any class of men. It is one of an non-slaveholding States voting against it. And yet it is in enduring character, to be asserted at all times and against reference to this discussion and this action that the Post- all condition of citizens, without favor or distinction. Up master General in his letter to the committee says "that less all are made to bow to the law, it will be respected by Congress by its inaction seemed to concur in the right and none. the policy of excluding such alleged treasonable and insur- Unless all are made secure in their rights of port na and rectionary publications from the mails.” On the contrary, property, none can be protected. If the owners of the Congress expressly refused to sanction the idea that it had above-named journals have violated State or national laws, the power; and certainly no other department of the Gov- they must be proceeded against and punished by those laws. ernment has.

Any action against them outside of legal procedures is Generals commanding departments frequent- jesty of the law must be upheld or society will sink into

criminal. At this time of civil war and disorder, the ms ly prohibit the circulation of certain newspapers anarchy. Our soldiers in the field will battle in rain für within the limits of their commands. "Major constitutional liberty if persons or property, or opinions, General Wallace, May 18, 1864, suppressed the area trampled upon at home. We must not give up home Baltimore Evening Transcript. Major General our citizens in the army are pouring out their blood to Rosecrans, May 26, 1864. prohibited the circu- maintain the national honor. They must not find then lation of the Metropolitan Record in the depart- they come back that their personal and fireside rights have ment of Missouri. Tho circulation of the Cin- In addition to the general obligation to enforce the laws cinnati Enquirer has recently been prohibited, of the land, there are local reasons why they must be apby the General commanding, in Kentucky.

held in the city of New York. If they are not, its commerce

and greatness will be broken down. If this great center of A REMINISCENCE.

wealth, business, and enterprise is thrown into disorder and bankruptcy, the National Government will be paralyzed.

What makes New York the heart of our country! Why POST OFFICE, LYNCHBURG, VIRGINIA, are its pulsations felt at the extremities of our land? No December 2, 1859.

through its position alone, but because of the world-wide MR. HORACE GREELEY:

belief that property is safe within its limits from waste by SIR: I hereby inform you that I shall not, in future, de- mobs and from spoliation by Government. liver from this

office the copies of the Tribune which come The laborers in the workshop, tho mine, and in the field, here, because I believe them to be of that incendiary char on this continent and in every other part of the globe, send acter which are forbidden circulation alike by the laws of to its merchants, for sale or exchange, the products of their the land, and a proper regard for the safety of society. You toil. These merchants are made the trustees of the wealth will, therefore, discontinue them.

of millions living in every land, because it is believed that Respectfully, R. L. GLASS, Postmaster.

in their hands property is safe under the shield of laws ab ministered upon principle and according to known usages

This great confidence has grown up in the course of many Reply.

years by virtue of a painstaking, honest performance of NEW

YORK, December 9, 1859. duty by the business men of your city. In this they have MR. POSTMASTER OF LYNCHBURG, VIRGINIA :

been aided by the enforcement of laws based upon the SIR: I take leave to assure you that I shall do nothing of solemnly-recorded pledges that "the right of the people to the sort. The subscribers to the Tribune in Lynchburg be secure in their persons, houses, papers, and effects have paid for their papers; we have taken their money, and against unreasonable searches and seizures shall not be vioshall fairly and fully earn it, according to contract. If they lated, and that no one shall be deprived of liberty or prop direct us to send their papers to some other post office, we erty without due process of law." shall obey the request; otherwise, we shall send them as For more than eighty years have we as a people heen originally ordered. If you or your masters choose to steal building up this universal faith in the sanctity of our and destroy them, that is your affair-at all events, not ours; jurisprudence. It is this which carries our commerce upon and if there is no law in Virginia to punish the larceny, so every ocean and brings back to our merchants the wealth much the worse for her and our plundered subscribers. If of every clime. It is now charged that, in utter disregari the Federal Administration, whereof you are the tool, after of the sensitiveness of that faith, at a moment when

the monopolizing the business of mail-carrying, soes fit to be- national credit is undergoing a fearful trial, the organs of come the accomplice and patron of mail-robbery, I suppose commerce are seized and held, in violation of constitutional the outrage must be borne until more honest and less ser pledges, that this

act was done in a public mart of your vile rulers can be put into high places at Washington, or great city, and was thus forced upon the notice of the comtill the people can recover their natural right to carry each mercial agents of the world, and they were shown in an other's letters and printed matter, asking no odds of the offensive way that property is seized

by military force and Government. Go ahead in your own base way, I shall arbitrary orders. stand steadfast for human Liberty and the protection of all These things are more hurtful to the national horror and natural rights.

strength than the loss of battles. The world will confound Yours, stiffly,

HORACE GREELEY. such acts with the principles of our Government, and the THE RECENT SUPPRESSION IN NEW YORK.

folly and crimes of officials will be looked upon as the

natural results of the spirit of our institutions. Our State 1864, May 19–By order of the Secretary of and local authorities must repel this ruinous inference. !! War, the offices of the Journal of Commerce and the merchants of New York are not willing to have their

barbor sealed up and their commerce paralyzed, they must the World—in which papers had appeared a unito in this demand for the security of persons and prop forged proclamation of the President for 400,- erty. If this is not done, the world will withdraw from 000 troops-were seized by the military au

their keeping its treasures and its commerce.

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THE LAWS TO BE ENFORCED. ul t. Beekman, Seabury Brewster, Jacob, P. T. Hersey Letter from Governur Seymour t District Attorney Hall, of Deonlict Lewis, jr., Willard Phelps, Win. T. Skeff, W. M. Thuraun, John P. Worstell, Joho Townsend, John D.

New York. Welsh, Chris. Zabriskie, jr.

EXEOUTIVE CHAMBER,

ALBANY, June 25. The grand jury having taken the usual oath, A. OAKEY HALL, Esq., Judge Russell delivered a charge in which he District Attorney of the City and County of New York : thus alluded to the order for the arrest of the SIR : In the matter of the seizure of the offices of The proprietors, and for the suppression of their world and Journal of Commerce, the grand jury, in disre

gard of their oaths, “ to diligently inquire into and true journals:

presentment make of all such mattors and things as should The first part of the order was never fully executed. The be given them in charge," bave refused to make such inlatter part war, and the forcible possession muintained for quiries, and declare that" it is inexpedient to examine into several days. The author of the fraud, it is said, has been

the subject referred to in the charge of the court” with re discovered, and the newspapers in question have been spect to such seizures. It becomes my duty, under the exEXODerated from all suspicion of guilt or blame. If this be press requirements of the constitution, “ to take care that $0, this is an instance of innocent men being summarily the laws of the State are faithfully executed.” If the grand interfered with, or trespassed upon, in the sanctity of their jury, in pursuance of the demands of the law and the obij. persons and property. "As such, it is a violation of both the gations of their oaths, had inquired into the matter given Federal and State Constitutions, and it is your duty to them in charge by the court and the public prosecutor, their examine into it. This is not a self-imposed or self-assumed decision, whatever it might bave been, would have been duty by this court. Tbo facts were communicated to the entitled to respect. As they have refused to do their duty, Executive of this state, and he addressed to the district the subject of the seizure of these journals should at once bé attorney of this county the communication I now read to broughi before some proper magistrate. If you wish any you.

assistance in the prosecution of these investigations, it will (The Judge then read Governor Seymour's letter.) be given to you,

Acting upon the duty this Court owes to the laws of this As it is a matter of public interest that violations of the State, which is repeated in the official document I have just laws of the State be punished, the views or wishes of the read to you, I beg to submit the matter to your calmest and parties immediately affected must not be suffered to in most careful consideration. The Court is convinced tbat you fluence the actioa of public officers. If through fear or will deal with it in such a manner as becomes the dutiful other motives they are unwilling to aid you in getting at and local citizens of a dutiful and loyal State. Anything facts, it will be your duty to compel their attendance as like political bias should be discarded. The question is

wituesses in behalf of the people. amily thus: Have the laws of the State, in reference to Respectfully yours, the protection of person and property, beeu violated, and

HORATIO SEYMOUR. 1 80, xbo are the parties who have been concerned in it? No matter what their station may be, they must answer

The newspapers give this account of furtber Hi the wrong, if there be one. If the President of the proceedings: Cuted States, or other officer who assumed to issue the or

THE ARREST OF GENERAL DLX. der, bad no such power or authority, those who obeyed and enforced it are clearly responsible.

The arrest of General Dix and several other officers on For the purposes of this occasion, the Court instructs you Friday, July 1, was made upon warrants issued by City that such an order as bas been referred to would not, under Judge Russell. Several persons appeared before the city the circumstances stated, be any protection to those con- judge, in answer to subpænas allowed by him, at the in. cerned in its execution. This will raise the question at issue stance of District Attorney Hall, and had testified to facis between the State and General Government in a legal way. relating to the seizure of The World and Journal of ComAny attempt to interfere with freedom of speech or liberiy merce newspapers. The letter of Governor Seymour to the or the press has been regarded and watched with the great district attorney, condemnuing the grand jury for its return ext jealousy by the coustituents of our Federal and Stato in the case of those newspapers, and saying that “the subGoverneuts. These invaluable privileges are protected ject should be brought before some proper magistrate,” is to both the Federal and State Constitutions. Neither Con- said to have induced the district attorney to procure the af. gress dor our State Legislature can make a law abridging tidavits to be made before Russell. The district attorney eather right. In the year 1798, the famous "Sedition law

first made an affidavit in the form of a complaint, dated 28th Fax passed by Congress, giving the Government extraor- June, in which be declared that he had been informed and dinary power in reference to publications calculated to

believed that “Hon. A. Lincoln" directed “John A. Dix" Teaken its authority. So Uppalatable was this law that it

to do soveral acts against The World and Journal of Comwas finally repealed. Two of the State Legislatures ex

merce, and thu editors of those journals, enumerated in the prezely declared against its constitutionality. At the time complaint of the district attorney, and chargiug that the it was passed, the Government being in a state of compara said Dix" feloniously ordered one William Barstow" (Capfire tofancy, it ought probably to have been more favor. tain Barstow) to arrest the editors of the newspapers named, ably regarded; but it involved rights to dear to be trenched and “mischievously ordered one William Hays” (Acting Upon or surrendered. In reference to the alleged author of Assistant Provost Marshal Goneral Hays) to procure tha the spørious proclamation, you will receive evidence of the closing up of the newspaper offices ; that the arrest of Mr. fact estabbshicg his guilt, and if you are satisfied of it, you Hallock was procured, and that gentleman kept for the will present him for such an offence as, under the advice of space of about three hours; that " the said Hays instructed the district auorney, (to whom you are entitled to appeal Major Powers, who caused one Fondy" (Captain Fundy) for advice,) may be proper. At common law, the “ spread and some commissioned officers and privates, whom the ing false news to make discord between the king and no- district attorney dames, to “go armed and equipped" to bility, or concerning any great man of the realm," was an

take possession of the Journal of Commerce office; and that cilence againāt the public

peace, punishable with fine and the said Hays caused similar acis to be done to The World, imprisonment.

through Lieutenant Gabriel Tuthill and several otber solo It may be that the elements of the common law will be diers. The district attorney then charges that John A. Dix te roked by the district attorney in reference to this offender. and William Barstow are guilty of kidvapping, and the Ia reference to the parties engaged in taking and maintain others, with Jobo A. Dix, of inciting to a riot and forcibly ime forcible possession of the newspaper establishments, detaining property ; and the district sótorney prays that the court instructs you that if there were three or more of action be taken to sustain the dignity of the State. them, they would be liable as for riot, which has been de- Judge Russell then issued subpoenas, directed to Messrs. fired to be " where three or more actually do an unlawful William H. Hallock, of the Journal of Commerce; David G. act violence, either with or without a common cause or Croly, of The World; William W. Jacobus, Johó s. Betis, quarrel, or evea do a lawful act, as removing a nuisance, in auctioneer, Daniel R. Kirwan, and Washington Hills, Jr., i violent or tumultuous manner.

clerk in The World office, who appeared beforo the judge

and made their soveral alidavits, the district attorney ex. BESPONSE OF THE GRAND JURY.

amining the witnesses. Rzzołred, That the grand inquest respectfully represent to

ARREST OP GENERAL DIX BY THE SHERIFF. the boborable court that, in their judgment, it is inexpe. In accordance with the letter of Governor Seymour, di. dient to examine into the subject referred to in the commu. recting the matter of the suppressed newspapers to be lication of the Executive of the State and the charge of the brought before a magistrate, Mr. A. Oakey Hall commenced court, pamely : the action of the General Government as to taking evidence and submitting testimony before Judge Gerteia newspapers in this city.

Russell on Tuesday. After examining the witnesses, Judge OYRUS MASON, Foreman, Russell came to the conclusion that it was a proper case for JOEN SOSTIN STEVENS, Jr., Secretury.

him to issue his warrant. Accordingly warrants were placed pur

in the hands of the sheriff, who arrested Major General Dix, merce, newspapers in the city of New York, undo tircumMajor Barstow, Captain Fundy, Major Powers, and other stances which have been placed before the public, was an officers on guard at the offices of The World and Journal act unwarranted in itself, dangerous to the cause of the of Commerce.

Union, in violation of the Constitution, and subventive of The military gentlemen very courteously submitted to the the principles of civil liberty, and as such is hereby censored arrest, and their counsel, E. Delafield Smith, appeared be by this House. fore Judge Russell, Mr. Smith asked for time to examine into the papers and consult with his associate, ex-Judge

Several members objected. At a later hour Pierrepont, as to the future course to be pursued by them. he moved a suspension of the rules for the The matter was then adjourned, the defendants in the mean pose of offering it, but this motion was rajecttime being released on their own verbal recognizances.

ed-yeas 54, nays 79, as follows: First Session, Thirty-Eighth Congress.

YEAS—Messrs. James C. Allen, Augustus C. Baldwin, Bliss,

Brooks, James S. Brown, Chanler, Coffroth, Cox, Dawson,
IN SENATE.

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, Kernun, King, Knpp. olution, which went over:

Law, Lazear, Mallory, Marcy, McAllister, McDowell, Wiliam

H. Miller, Morrison, Nelson, Noble, John O'Neill, Pendleton, Resolred, That the conduct of the executive authority of Pruyn, Radford, Simuel J. Randal, Robinson, James S Rob this Government, in recently closing the offices and sup- lins, Ross, Scott, John B. Steele, William G. Sterle, Strause, pressing the publication of The World and Journal of Com- Voorhees, Wadsworth, Ward, Wheeler, Joseph W. White, merce, newspapers in the city of New York, under circum- Fernando Wood–54. stancos which have been placed before the public, was an NaY8-Messrs. Alley, Ames, Arnold, John D. Baldwin, act unwarranted in itself, dangerous to the cause of the Baxter, Beaman, Jacob B. Blair, Blow, Boutwell, Boyd, Union, in violation of the Constitution, and subversive of Broomall, William G. Brown, Ambrose W. Clark, Freeman the principles of civil liberty, and as such is hereby cen-Clarke, Cobb, Cole, Creswell, Henry Winter Davis, Thomas sured by the Senate.

T. Davis, Dawes, Deming, Dixon, Donnelly, Driggs, Eckley,

Eliot, Farnsworth, Gartield, Gooch, Grinnell, Higby, Hooper, IN HOUSE.

Hotchkiss, Asahel W. Hubbard, Ingersoll, Jenckes, Julian,

Kelley, Francis W. Kellogg, Loan, Longyear, Marvin, Mc. May 23—Mr. GBINNELL 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 Resolved, That the President be requested to communi- H. Rice, Edward H. Rollins, Schenck, Scofield, Shannon, cate to this House whether, by any order of the Govern- Sloan, Smith, Smithers, Spalding, Stevens, Thayer, Thomas, inent, or by any officer thereof, The World and Journal of Upson, Elihu B. Washburne, William B. Washburn, Web Commerce, newspapers in the city of New York, were sus- ster, Whaley, Williams, Wilder, Wilson, Windom, Woodo pended from being published; and if so, that said order be bridge—79. communicated to this House, and the proceedings in the execution of that order.

Same day, Mr. ARNOLD offered this resolution, May 23—Mr. Proin asked consent, on behalf

which was adopted : of a portion of the New York delegation, to offer structed to inquire and report what, if any, additional legis

Resolved, that the Committee on the Judiciary be in tbis resolution:

lation may be necessary to punish the forgery and publicar Resolved, That the conduct of the executivo authority of tion of official documents, and what legislation is necessary the Government in recently closing the offices and sup- to punish those who through the press or otherwise give in. pressing the publication of The World and Journal of Com-l formation, aid, or comfort to the rebels.

CONFISCATION

AND

EMANCIPATION.

CONFISCATION.

First Session, Thirty-Seventh Congress. Dessee, King, Lane of Kansas, McDougall, Morrill, Nesmith,

Pomeroy, Sherman, Simmons, Sumner, Ten Eyck, Trum. 1861, August 6 —A bül was approved, of bull, Wade, Wilkinson, Wilmot, Wilson-33. which these are the first and fourth sections: Nárs--Messrs. Breckinridge, Johnson of Missouri, Kenne That if, during the present or any future insurrection dy, Pearce, Polk, Powell—6. against the Government of the United States, after the The biil then passed without a division. President of the United States shall have declared, by proclamation, that the laws of the United States are op

IN HOUSE. posed, and the execution thereof obstructed, by combina

August 2—The House Committee on the Jutions too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the mar- diciary reported a substitute for the bill, which shals by law, any person or persons, his, her, or their agent, provides that whenever hereafter, during the gre, any property of whatsoever kind or description, with existence of the present insurrection against the Iutent to use or employ the same, or suffer the same to be Government of the United States, any person used or employed, in aiding, abetting, or promoting such held to labor or service under the laws of any tasarrection or resistance to tne laws, or any persons enraged therein; or if any person or persons, being the State shall be required or permitted, by the Owner or owners of any such property, shall knowingly use person to whom such labor or service is due, or or employ, or consent to the use or employment of the his legal agent, to take up arms against the same as aforesaid, all such property is hereby declared to United States, or to work, or be employed in or be lawful subject of prize and capture wherever found; ead it shall be the duty of the President of the United about any fort, navy-yard, armory, dock-yard, States to cause the same to be seized, confiscated, and con- ship, or in any military or naval service, against demned.

SEC. 1. That when over hereafter, during the present in the Government of the United States, or as the surrection against the Government of the United States, servant of any person engaged in active hosany person claimed to be held to ludor or service under tho tilities against the United States, then the perlaw of any state shall be required or permitted by the person to whom such labor or service is claimed to be due, or

son to whom such labor is due shall forfeit all by the lawful agent of such person, to take up arms against claim to such service or labor, any law of any the United States; or shall be required or permitted by the State, or of the United States, to the contrary en bis lawful agent, to work or to be employed in or upon notwithstanding; and, in case of a claim for any fort, navy-yard, dock, armory, ship, entrenchment, or such labor, such facts shall be a full and suffiin any military or naval service whatsoever, against the cient answer. Government and lawful authority of the United States, then, and in every such case, the person to whom such la- Which was rejected without a division ; bor or service is claimed to be due shall forfeit his claim to when, after debate, the bill was recommitted soch labor, any law of the State or of the United States to the contrary notwithstanding. And whenever thereafter

to the committee. the person claiming such labor or service shall seek to en- August 3- The committee reported the SenBirte bis claim, it shall be a full and sufficient answer to such ate bill with a substitute for section four, claim that the person whose service or labor is claimed had adopted above in the Senate, being the fourth been employed in hostile service against the Government of the United States, contrary to the provisions of this act.

section of the act as approved.

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