any law or laws to the contrary notwithstanding. And the Secretary of the Treasury is also authorized, if he shall deem it expedient, before opening books of subscription as above provided, to exchange for coin or pay for public dues or for Treasury notes of the issue of 23d of December, 1857, and falling due on the 30th of June, 1861, or for Treasury notes issued and taken in exchange for such notes, any amount of said Treasury notes for fifty dollars and upwards not exceeding $40,000,000. Before awarding any portion of the loan in stock authorized by this act, the Secretary of the Treasury, if he deem it advisable to issue proposals for the same in the United States, shall give not less than fifteen days' public notice in two or more of the public newspapers in the city of Washington, and in such other places of the United States as he may deem advisable, designating the amount of such loan, the place and the time up to which sealed proposals will be received for the same, the periods for the payment, and the amount of each installment in which it is to be paid, and the penalty for the non-payment of any such installments, and when and where such proposals shall be opened in the presence of such persons as he may choose to attend; and the Secretary of the Treasury is authorized to accept the most favorable proposals offered by responsible bidders; provided, that no offer shall be accepted at less than par. The Secretary of the Treasury may, if he deem it advisable, negotiate any portion of said loan, not exceeding $100,000,000, in any foreign country, and may issue bonds or certificates of stock for the amount thus negotiated agreeably to the provisions of this act, the interest payable semiannually, either in the United States or at any designated place in Europe; and he is further authorized to appoint such agent or agents as he may deem necessary for negotiating such loan under his instructions, and for paying the interest on the same, and to fix the compensation of such agent or agents, and shall prescribe to them all the rules, regulations, and modes under which such loan shall be negotiated, and shall have power to fix the rate of exchange at which the principal shall be received from the contractors for the loan, and the exchange for the payment of the interest in Europe shall be at the same rate. That whenever any Treasury notes of a denomination less than fifty dollars, authorized to be issued by this act, shall have been redeemed, the Secretary of the Treasury may reissue the same, or may cancel them and issue new notes to an equal amount; provided, that the aggregate amount of stock and Treasury notes issued under the provisions of this act shall never exceed the full amount authorized by the first section of this act; and the power to issue or reissue such notes shall cease and determine after the 31st of December, 1862. The Secretary of the Treasury shall report to Congress, immediately after the commencement of the next session, the amount he has borrowed under the provisions of this act, of whom, and on what terms, with an abstract of all the proposals, designating those that have been accepted and those that have been rejected, and the amount of stock or Treasury notes that have been issued for the same. The faith of the United States is solemnly pledged for the payment of the interest and redemption of the principal of the loan authorized by this act; and for the full and punctual payment of the interest the United States specially pledges the duties of impost on tea, coffee, sugar, spices, wines and liquors, and also such excise and other internal duties or taxes as may be received into the Treasury. All the provisions of the act entitled "An act to authorize the issue of Treasury notes," approved December 23, 1857, so far as the same can or may be applied to the provisions of this act, and not inconsistent therewith, are hereby revived or reenacted. To defray all the expenses that may attend the execution of this act the sum of $200,000, or so much thereof as may be necessary, is appropriated, to be paid out of any money in the Treasury not otherwise appropriated. Mr. STEVENS moved that the committee rise, and report the bill to the House with the recommendation that it do pass. The motion was agreed to. Mr. McKNIGHT. I suggest that the gentleman from Illinois change the phraseology of his amendment, so that, instead of saying "west of the Ohio river," it shall read, west of the Alleghany mountains." 66 So the committee rose; and the Speaker having resumed the chair, Mr. COLFAX reported that the Committee of the Whole on the state of the Union had, according to order, had the Union generally under consideration, and particularly House bill No. 14, to authorize a national loan, and for other purposes, and had directed him to report the same back to the House without amendment. Mr. STEVENS demanded the previous ques-ification, so that it shall read, "west of the Alletion on the engrossment and third reading of the bill. The previous question was seconded, and the main question ordered; and under the operation thereof, the bill was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time. Mr. ASHLEY demanded the yeas and nays on the passage of the bill. The yeas and nays were ordered. The question was taken; and it was decided in the affirmative-yeas 150, nays 5; as follows: YEAS-Messrs. Aldrich, Allen, Alley, Ancona, Arnold, Ashley, Babbitt, Goldsmith F. Bailey, Joseph Baily, Baker, Baxter, Beaman, Bingham, Francis P. Blair, Samuel S. Blair, Blake, George H. Browne, Buffinton, Calvert, Chamberlain, Ambrose W. Clark, Cobb, Colfax, Frederick A. Conkling, Roscoe Conkling, Conway, Cooper, Covode, Cox, Cravens, Crisfield, Crittenden, Curtis, Cutler, Davis, Dawes, Delano, Diven, Duell, Dunlap, Dunn, Edgerton, Edwards, Eliot, Ely, English, Fenton, Fessenden, Fisher, Fouke, Franchot, Frank, Gooch, Granger, Grider, Gurley, Haight, Hale, Harding, Harrison, Hickman, Holmian, Horton, Hutchins, Jackson, Johnson, Julian, Kelley, Francis W. Kellogg, William Kellogg, Lansing, Law, Lazear, Leary, Lehman, Logan, Loomis, Lovejoy, McClernand, McKean, McKnight, Mallory, Menzies. Mitchell, Moorhead, Anson P. Morrill, Justin S. Morrill, Morris, Nixon,. Noble, Noell, Nugen, Odell, Olin, Patton, George H. Pendleton, Perry, Pike, Pomeroy, Porter, Potter, Alexander H. Rice, John H. Rice, Richardson, Riddle, Robinson, Edward H. Rollins, James S. Rollins, Sedgwick, Shanks, Sheffield, Shellabarger, Sherman, Sloan, Spaulding, John B. Steele, William G. Steele, Stevens, Stratton, Benjamin F.Thomas, Francis Thomas, Thayer, Train, Trimble, Trowbridge, Upton, Vandever, Van Horn, Van Valkenburgh, Van Wyck, Verree, Vibbard, Voorhees, Wadsworth, Wall, Wallace, Charles W. Walton, E. P. Walton, Ward, Washburne, Webster, Wheeler, Whaley, Albert S. White, Chilton A. White, Wickliffe, Windom, Woodruff, Worcester, and Wright-150. NAYS-Messrs. Burnett, Norton, Reid, Vallaudigham, and Wood-5. So the bill was passed. During the vote, Mr. MOORHEAD stated that Mr. CARLILE was confined to his room by illness. The vote was announced, as above recorded. Mr. STEVENS moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid upon the table. The latter motion was agreed to. SUPPRESSION OF REBELLION, ETC. Mr. BINGHAM, by unanimous consent, introduced a bill to provide for the suppression of rebellion against, and resistance to, the laws of the United States, and to amend an act entitled "An act to provide for calling forth the militia to execute the laws of the Union," &c., passed February 29, 1795; which was read a first and second time, and referred to the Committee on the Judiciary. FREE LETTERS FOR SOLDIERS. Mr. VAN WYCK. I ask leave to introduce a bill to provide for forwarding letters free of postage to officers and soldiers engaged in the service of the United States. Mr. BURNETT. I object. I am in favor of cutting off the franking privilege altogether. In that regard I indorse the recommendation of the Secretary of the Treasury. NATIONAL ARMORY. Mr. MOORHEAD. I offer the following resolution: Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of establishing a national armory and foundery, at or near the city of Pittsburg, Pennsylvania, and to report by bill or otherwise. Mr. WASHBURNE. I move to strike out "Pittsburg, Pennsylvania," and in lieu thereof to insert "Rock Island, Illinois." Mr. McCLERNAND. I move to amend the resolution, so that it shall read: Resolved, That a select committee of nine be appointed by the Speaker to inquire into and report upon the expediency of the establishment of a national armory northwest of the Ohio river. There are now two armories, one at Harper's Ferry, and one at Springfield, Massachusetts, while we have no armory at the West. Mr. MOORHEAD. If the gentleman will make that change I will accept his amendment. Mr. McCLERNAND. I will make that mod ghany mountains or northwest of the Ohio river." Mr. MOORHEAD. I cannot accept of the words "northwest of the Ohio river." Mr. McCLERNAND. Then I will leave out those words. Mr. JOHNSON. I now move to amend the resolution as modified, by inserting the words, "and east of the Rocky Mountains." Mr.WASHBURNE. I call the previous ques tion. The previous question was seconded, and the main question ordered to be put. Mr. CURTIS. As the matter is already before the Committee on Military Affairs, I move to refer the whole subject to that committee. The SPEAKER. The Chair decides that the motion of the gentleman from Iowa is not in order. The question was put upon the amendment offered by Mr. JOHNSON; and it was not agreed to. The resolution was agreed to. Mr. WASHBURNE moved to reconsider the vote by which the resolution was adopted; and also moved to lay the motion to reconsider on the table. The latter motion was agreed to. RECRUITS FOR THE NAVY. Mr. HOLMAN, by unanimous consent, introduced the following resolution; which was read, considered, and agreed to: Resolved, That the Secretary of the Navy be requested to inform this House whether he has issued an order in effect that none but American-born citizens shall be accepted at the various recruiting stations for service in the Navy of the United States; and, if such order has been issued, that he be requested to furnish the same to this House, with a statement of the causes which, in his judgment, has rendered such an order necessary. SUPERANNUATED AND DISABLED OFFICERS. Mr. CURTIS, by unanimous consent, introduced a bill for retiring superannuated and disabled officers from the United States Army; which was read a first and second time, and referred to the Committee on Military Affairs. MILITARY CONTRACTS. Mr. CURTIS, by unanimous consent, introduced a bill regulating contracts in the military service of the United States; which was read a first and second time, and referred to the Committee on Military Affairs. SOLDIERS AT FORT SUMTER. Mr. CURTIS, by unanimous consent, introduced a bill for the relief of certain musicians and soldiers stationed at Fort Sumter; which was read a first and second time. Mr. BURNETT. I desire to ask the gentleman if that is the same bill he introduced last session? Mr. CURTIS. It is; and I ask the unanimous consent to put it upon its passage. Mr. BURNETT. No, sir; it must be referred. The bill was referred to the Committee on Military Affairs. REVENUE CUTTER SERVICE. Mr. FENTON, by unanimous consent, introduced a bill concerning the pay of officers of the revenue cutter service of the United States; which was read a first and second time, and referred to the Committee on Naval Affairs. TERM OF SERVICE OF MILITIA. Mr. VALLANDIGHAM, by unanimous consent, introduced the following resolution; which was read, considered, and agreed to: Resolved, That the Committee on the Judiciary be instructed to examine and report at what time, under the act of 1795, the term of service for the militia called into the service of the United States begins, and whether any legis lation is necessary to remove any ambiguity in the terms of the act; and if so, to report by bill. REVENUE CUTTER SERVICE-AGAIN. Mr. WASHBURNE. I move to reconsider the vote by which the bill offered by the gentle man from New York [Mr. FENTON] was referred to the Committee on Naval Affairs. It properly should go to the Committee on Commerce. The vote was reconsidered; and the bill was referred to the Committee on Commerce. GOVERNMENT CONTRACTS. Mr. VALLANDIGHAM, by unanimous consent, introduced the following resolution; which was read, considered, and agreed to: Resolved, That the select committee appointed to investigate certain Government contracts be instructed to inquire also into the circumstances of hiring, by the Government, of the steamer Catiline, and report the same to the House. ORDER OF BUSINESS. Mr. WARD. I ask the unanimous consent of the House to introduce a bill. Mr. COLFAX. I object; and I object for the purpose only of making a suggestion. It will be Monday week before we can, as a matter of right under the rules, offer any bills for reference, except by unanimous consent. Now, if we desire to get away speedily, as I believe we all do, I would suggest, as we have an hour before dinner time, that we spend that time in the introduction of bills for reference. Mr. WARD. That is all I desire to do. Mr. COLFAX. And with the understanding that bills shall not be brought back by a motion to reconsider. Mr. BURNETT. But each member should be allowed to judge for himself whether a bill should come in. I desire to make no factious opposition to the introduction of bills, but I do not desire the rules to be so changed that I shall not have a right to object to a bill when, in conscience, I do not think it should be introduced and referred. Mr. COLFAX. My only object is to expedite business. If gentlemen have bills which they think must be referred, if they can get no other opportunity, they will wait until Monday week and then introduce and refer them. My proposition will expedite the matter. The gentleman from Kentucky will have the right to vote against the bills if they are reported back from the committees. Mr. BURNETT. Does the gentleman propose to exclude motions to reconsider? Mr. COLFAX. Certainly. The bills are only to be referred, so that the committees can go to work. Mr. WARD. I object to the proposition, as the gentleman objects to my introducing a bill. Mr. KELLOGG, of Illinois. I move that the House do now adjourn. The motion was agreed to. The House accordingly (at three o'clock, p. m.) adjourned. IN SENATE. THURSDAY, July 11, 1861. Prayer by the Chaplain, Rev. Dr. SUNDERLAND. The Journal of yesterday was read and approved. NOTICE OF A BILL. Mr. SAULSBURY. I wish to give notice that on to-morrow, or some subsequent day, I shall ask leave to introduce a joint resolution proposing amendments to the Constitution of the United States, with a view to the peaceable adjustment of our national troubles. PROPOSED NATIONAL ARMORY. Mr. GRIMES. I present the joint resolutions of the Legislature of the State of Iowa, instructing their Senators, and requesting their Representa tives, to vote for the establishment of an arsenal and armory on Rock Island, in the State of Illinois. I give notice that to-morrow I shall introduce a bill in accordance with the instructions that are contained in these resolutions, and shall ask for its passage as a war measure of the greatest significance. I move that the resolutions be read, printed, and referred to the Committee on Military Affairs and the Militia. The motion was agreed to. Mr. BROWNING presented the petition of a committee of citizens of the city of Rock Island, Illinois, praying for the establishment of an armory on Rock Island, in that State; which was referred to the Committee on Military Affairs and Militia; and a motion by Mr. BROWNING to print the petition, was referred to the Committee on Printing. Mr. TEN EYCK presented joint resolutions of the Legislature of the State of New Jersey, recommending the establishment of an armory in that State; which were referred to the Committee on Military Affairs and the Militia. COLLECTION OF DUTIES. Mr. CHANDLER. The Committee on Commerce, to whom was referred the bill (H. R. No. 16) further to provide for the collection of duties on imports, and for other purposes, have directed me to report the same back, with a recommendation that it do pass; and as it is a very important measure-and I presume there will be no opposition to it-I ask that it be put on its passage at once. The VICE PRESIDENT. The bill will be read for information. The Acting Secretary read the bill. The PRESIDing officeR, (Mr. FOSTER in the chair.) The bill which has just been read has been reported from the Committee on Commerce, and the chairman of the committee asks for its present consideration. It requires unanimous consent to consider the bill on the day it is reported. Mr. HALE. I do not wish to suggest any opposition to the bill; but it is a very important bill, and as I heard it read I think there are some features that ought to be examined. While I have every confidence in the committee, I think it due to the serious nature of the subject that the bill should lie over one day. The PRESIDING OFFICER. Objection being made to its present consideration, the bill will lic over. BILLS INTRODUCED. Mr. HALE asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 9) to alter and regulate the Navy ration; which was read twice by its title, and referred to the Committee on Naval Affairs. He also asked, and by unanimous consent ob tained, leave to introduce a bill (S. No. 10) authorizing an additional naval force in the time of war or insurrection; which was read twice by its title, and referred to the Committee on Naval Affairs. He also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 11) authorizing and regulating the employment of volunteers in the Navy; which was read twice by its title, and referred to the Committtee on Naval Affairs. He also, in pursuance of previous notice, asked and obtained leave to introduce a bill (S. No. 12) to provide for the temporary increase of the Navy; which was read twice by its title, and referred to the Committee on Naval Affairs. He also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 13) to increase the number of paymasters in the Navy, and to provide for the appointment of assistant paymasters; which was read twice by its title, and referred to the Committee on Naval Affairs. He also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 14) for the better organization of the Marine Corps; which was read twice by its title, and referred to the Committee on Naval Affairs. He also asked, and by unanimous consent obtained, leave to introduce a joint resolution (S. No. 3) in relation to the Naval Academy; which was read twice by its title, and referred to the Committee on Naval Affairs. He also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 15) authorizing the printing of watch and station bills. Mr. HALE. As I want all these bills to go to the Committee on Naval Affairs, and we propose to meet to-morrow, I ask the indulgence of the Senate that these bills be ordered to be printed, so that the committee may have them to-morrow. In making this motion, I will state that two or three of these bills relate to the same subject, and possibly one may be a substitute for another. I do not pledge myself, in introducing them, to sustain them. They are various propositions coming from various sources, and I wish to have them all printed, that they may be before the Naval Cominittee. I move that all these bills be printed. The motion was agreed to. Mr. TRUMBULL asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 16) concerning the Attorney General and the attornies and marshals of the several districts; which was read twice by its title, and referred to the Committee on the Judiciary. Mr. FOOT asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 17) concerning the pay of the officers of the revenue cutter service; which was read twice by its title, and referred to the Committee on Naval Affairs. PAY OF VOLUNTEERS. Mr. FESSENDEN. The Committee on Finance, to whom was referred the bill (H. R. No. 15) to provide for the payment of the militia and volunteers called into the service of the United States, by proclamation of the President, dated April, 1861, from the time they were called into service to the 30th day of June, 1861, have instructed me to report the bill back with several verbal amendments mostly, and to ask that it be passed at once, if there is no objection on the part of the Senate. It provides for the payment of the volunteers called out, and the money is very much needed immediately. No objection being made, the bill was considered as in Committee of the Whole. It proposes to appropriate the sum of $6,000,000, or so much thereof as may be necessary, to enable the Government to pay the militia and volunteers called into service of the United States by proclamation of the President, dated April, 1861. The first amendment of the Committee on Finance was in lines four and five, to strike out the words "six millions of," and insert "five million seven hundred and sixty thousand;" so that the bill will read: "the sum of $5,760,000." Mr. FESSENDEN. That is the amount of the estimate. The amendment was agreed to. The next amendment of the Committee on Finance was to strike out all of the bill, after the word "States," in line seven, in the following words: "by proclamation of the President, dated April, 1861," and insert, "being an additional amount required for the fiscal year ending June 30, 1861." The amendment was agreed to. The bill was reported to the Senate, as amended, and the amendments were concurred in. Mr. THOMSON. I shall vote for the bill; and I rise for the purpose of saying that, and at the same time of saying that I regret very much that I was called out of my place in the Senate yesterday when the vote was taken on the bill to authorize the employment of volunteers, &c.Senate bill No. 1-for which I should have voted if I had been here. I will take the occasion to say further: that I shall vote for all proper measures to bring the war which is now waging against the Union to a speedy and successful issue. The amendments were ordered to be engrossed, and the bill to be read a third time. It was read the third time, and passed. On motion of Mr. FESSENDEN, the title was amended to read as follows: An act to provide for the payment of the militia and volunteers called into the service of the United States, from the time they were called into service to the 30th day of June, 1861. LOAN BILL. A message from the House of Representatives, by Mr. ETHERIDGE, its Clerk, announced that the House had passed a bill (No. 14) to authorize a national loan, and for other purposes; in which the concurrence of the Senate was requested. On motion of Mr. FESSENDEN, the bill was read twice by its title, and referred to the Com mittee on Finance. JUDGES OF DISTRICT COURTS. Mr. TRUMBULL submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved, That the Secretary of State be directed to furnish the Senate with the names of the judges of the district courts in the various States of the Union; and also with a list of the districts in which there are vacancies. EXPULSION OF SENATORS. Mr. CLARK. I move now to take up the resolution which I submitted yesterday in regard to the expulsion of certain members of the Senate. The motion was agreed to; and the Senate proceeded to consider the following resolution: Whereas a conspiracy has been formed against the peace, union, and liberties of the people and Government of the United States; and in furtherance of such conspiracy a portion of the people of the States of Virginia, North Carolina, South Carolina, Tennessee, Arkansas, and Texas, have attempted to withdraw those States from the Union, and are now in arms against the Government; and whereas JAMES M. MASON and ROBERT M. T. HUNTER, Senators from Virginia; THOMAS L. CLINGMAN and THOMAS BRAGG, Senators from North Carolina; JAMES CHESNUT, Jr., a Senator from South Carolina; A. O. P. NICHOLSON, a Senator from Tennessee; WILLIAM K. SEBASTIAN and CHARLES B. MITCHEL, Senators from Arkansas; and JoHN HEMPHILL and Louis T. WIGFALL, Senators from Texas, have failed to appear in their seats in the Senate and to aid the Government in this important crisis; and it is apparent to the Senate that said Senators are engaged in said conspiracy for the destruction of the Union and Government, or, with full knowledge of such conspiracy, have failed to advise the Government of its progress or aid in its suppression: Therefore, Resolved, That the said MASON, HUNTER, CLINGMAN, BRAGG, CHESNUT, NICHOLSON, SEBASTIAN, MITCHEL, HEMPHILL, and WIGFALL, be, and they hereby are, each and all of them, expelled from the Senate of the United States. Mr. CLARK. I do not propose to submit any remarks to the Senate upon that resolution now, unless they should be called for by the remarks or motions of others; but I ask that the Senate will order the yeas and nays upon its passage. Mr. McDOUGALL. I would suggest to the Senator from New Hampshire, whether a matter of this kind had not better be referred to, and the whole subject presented by the report of, a committee. I take it that the objection against the Senators named may also be made against other Senators not named in the resolution. I think a matter of such consequence should be referred to a committee, and they should report the causes of this step, and embrace the whole subject, and report as to all Senators who may have taken such a course as to disqualify them for seats on this floor. It strikes me that would be the better course. I would suggest a reference of the resolution to the Committee on the Judiciary. Mr. CLARK. I desire to say to the Senator from California, that if he wishes a reference to the committee for any particular reason, I shall not oppose it. This resolution includes those Senators, and the cases of those Senators, who have absented themselves from the Senate, and all of those, I think, whose cases have not been considered, who are now absent from the Senate. I deemed it advisable to put them in a resolution by themselves. Mr. McDOUGALL. I thought there were other Senators not present, who stood in the same category. Mr. CLARK. Perhaps the Senator was not aware of the fact, that we declared the seats of certain Senators who were not here, vacant at the last session, and that is the reason they are not included in this resolution. Mr. McDOUGALL. I was not aware of that. Mr. CLARK. This includes, I think, every individual Senator who is now absent, whose case has not been already considered. Mr. McDOUGALL. That corrects me as to my information. Mr. CLARK. Then I ask that the yeas and nays be ordered. Mr. BAYARD. I can see no reason why we should depart from the determination of the Senate at the last session, in declaring the seats vacant, and adopt now the rule of expulsion. I know of no conspiracy on the part of the Senators named in the resolution. I cannot say that it has not existed, but I know the general fact, that, claiming the right of secession for their States (though I differed from them in that) as a right under the Constitution, they have acted openly with their States. Their States have chosen to leave this Union. Whether they have the authority or not, is questioned. They consider it a legitimate exercise of reserved rights under the Constitution. I consider the act as revolutionary. There is the difference. Shall I exercise the power of expulsion against a Senator on the ground of conspiracy, because he may be erroneous in point of law as to the effect of the action of his State? Am I to condemn him individually for the action of his State? is simply to create additional feeling and additional hostility between the already sufficiently excited people of this country. I see no reason for departing from the course which the Senate took at the end of the last session, and I shall therefore vote against this resolution as it stands. Place it in the other shape of declaring the seats vacant, and I shall interpose no objection whatever to it; but I have no knowledge of a conspiracy and I think I understand what the term means on the part of any of those Senators which the preamble recites as "apparent to the Senate.' The action was avowed, open; it was an appeal to the people of their respective States; the people of their States, by majorities, recognized that course, and the States assumed the responsibility, as political governments,of going out of this Union. I am not willing to pass judgment of expulsion upon the individual, founded on that. I may declare the seat vacant; that may be proper for the organization of the Senate; but I am not willing to go beyond that. Mr. CLARK. I wish, before debate continues, that the order may be made to have the question taken by yeas and nays. The PRESIDING OFFICER. The yeas and nays are demanded on the passage of this resolution, when the question shall be taken. The yeas and nays were ordered. Mr. CLARK. Mr. President, I do not regard it less a cause of expulsion of these several individual Senators that they have acted openly against the Government. This resolution recites that there has been a conspiracy against the liberties and union and existence of this Government. It recites, further, that portions of the people of certain of the States have endeavored to force those States out of the Union; and that these individuals have either aided in that conspiracy or have failed to give the Government any knowledge of its progress, or to assist in its suppression. Now, with all deference to the Senator from Delaware, I claim that that is a good ground for expulsion from the Senate. I do not care that they have acted openly; yea, sir, I will say that if they have acted openly, and have put themselves in conspiracy and in revolution and in arms against this Government, I would have the expulsion openly before the country. I dare say the Senator would be glad that these seats should be declared vacant, and that the question should be left in abeyance whether they have the right to go out; but I want to deny here, on the floor of the Senate, the right of any State to secede; and when a Senator accedes to that action of his State, or the people of the State, I want to declare that he puts himself in a hostile attitude to this Government, and deserves expulsion from the councils of the nation. I hope that no such tame measure as declaring these seats vacant will be adopted by the Senate. I want the Senate to proclaim to the nation that we will not have these men in our councils, and that they shall go out. We let certain Senators withdraw at the last session-no, sir, we did not let them withdraw; they withdrew themselves, and left their seats vacant, and we declared them vacant by that act of virtual resignation. But now, sir, this revolution has gone on; it has made rapid progress; they have taken up arms against the Government; they have not only seized your arms, but they have assaulted your fortifications; their guns are now within sound of your capital; and shall we sit here in the Senate and deliberate and doubt whether we shall turn out of this Senate the very men who are ready to explode those guns against your capital? No, Mr. President; let the judgment of the Senate be as summary, as decisive, and as signal, as their revolution has been rapid; and let them be ejected from the councils of the nation. Mr. BAYARD. Mr. President, I can see no reason for the action which the honorable Senator calls for, and I do not think that by your action in the case of individuals, you are to settle the difficulties that now exist in this country, or alleviate the disastrous condition in which we stand; I hold that the power of expulsion was given or, in other words, terminate the war which actuto the Senate in reference to the individual action ally exists. I admit all that has been said, but of the Senator, and arising from his individual still I consider that that is no ground for the expulmisconduct, and was not intended to have any sion of an individual, though it may be for vacating operation whatever in reference to acts of this the seat. The action which calls the individual nature. No such case was contemplated; and the out of the Senate is the action of a political comonly possible effect of so wording the resolution,munity; and it is perfectly consistent with differ ence of opinion on his part and mine, without the slightest taint of his personal character, that he should withdraw from the Senate of the United States. If you permitted other Senators at the last session to withdraw openly in the face of the Senate, and simply declared their seats vacant as if they had resigned, on what principle is it that you now undertake to expel Senators for mere non-attendance because their States have done certain acts? They have engaged in no conspiracy. You do not know now that several of those Senators may not have been opposed to what is called the secession of their States. They may hold themselves bound by it since it is done. My impression is, so far as I have any knowledge of them, that many of them did hold that secession was not a constitutional remedy, and were opposed to the action on the part of their States, but gave way to it after it had taken place. That I pre sume from their non-attendance. I consider it no ground of expulsion. I do consider it a ground for declaring their seats vacant. The Constitution in reference to the expulsion of members says: "Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member." I take the whole clause as it stands, and I suppose that that power which is given to the Senate in reference to the individuality of the Senator is in connection with and immediately subsequent to the clause which authorizes punishment for disorderly behavior, and that something more than disorderly behavior on the part of the individual-something affecting him personally, as regards his standing in the community, some gross immorality, some gross individual act—is the only thing which, in my judgment, was meant to be remedied by the right of expulsion. I admit the right to declare the seats vacant; but I cannot see the necessity or propriety of assuming what is not proved-what, in my judgment, is not the factthat any conspiracy has existed on the part of these individual Senators, or that it can be made apparent to the Senate. Mr. CLARK. I simply content myself by asking that a vote on the resolution may be had. Mr. LATHAM. Mr. President, I shall not vote for this resolution as it stands. I will vote to strike the names of these gentlemen from the roll, and to declare their seats vacant. I will not vote to expel them, because I think, as to some Senators named, that that would be unjust and improper. Expulsion implies turpitude. It is a reflection upon the personal character of the individual; it is a stain. Now I know myself that some Senators-two in particular-named in that resolution, did not indorse the right of secession. They disapproved of it; they never sanctioned it; and they did not think they could occupy a seat on this floor after their State had seceded. They have never, that I have heard of, aided, advised, or counseled, in any respect, the movement of their State in the attitude they occupy towards the General Government; I therefore conceive that it would be more proper and more dignified for this body to declare their seats vacant, and strike their names from the roll, than it would be, by the terms of this resolution, to expel them from the body. I think it is too severe a denunciation of the conduct of some of the gentlemen, at least, who are named in it, and therefore I shall not vote for it. The PRESIDING OFFICER. Is the Senate ready for the question on the adoption of the resolution? Mr. LATHAM. I move to strike out the word "expelled," and to insert the words "that their names be stricken from the roll, and their seats declared vacant. Mr. McDOUGALL. Mr. President, I differ with the views of my colleague; and, in stating that I am prepared to vote for the resolution offered by the Senator from New Hampshire, I wish to say that I do not vote for the expulsion of these members upon the ground that their States have declared themselves out of the Union. The expulsion is for personal cause. It is, that they have espoused the controversy made against the Republic, evidenced by one circumstance, perhaps sufficient, independent of what history has already reported of them-that they are not here. Now, there may be no turpitude in this act of theirs, or in their espousing the adversary cause. Treason was always a gentlemanly crime, and in ancient times a man who committed it was enti tled to the ax instead of the halter. However, it it is none the less a crime, and the greatest; and espousing a cause against the Republic, if it be not treason, is akin to that crime. Sir, I am prepared to vote for the resolution of expulsion. No man has a right to a place on this floor who espouses a cause adverse to the Government. Mr. CLARK. I have but one suggestion to make, sir. I hope the amendment will not be made. In the early part of these disturbances, many officers of the Army of the United States sent in their resignations. They were accepted. There was a general outcry of indignation throughout the country against that course. The people demanded that their names should be stricken from the rolls. Now, while we require the military department to strike an officer's name from the roll who will not serve his country, why shall we not turn out of this Senate a Senator who will not serve his country, and set them the example? I hope the amendment will not be made. Mr. LATHAM. I ask for the yeas and nays on the amendment. The yeas and nays were ordered. Mr. BAYARD. I desire to hear the amendment read again. The Secretary read the amendment, to strike out the following words: "expelled from the Senate of the United States," and to insert in lieu thereof the words: "stricken from the roll, and their seats declared vacant.' Resolved, That the names of the said MASON, HUNTER, CLINGMAN, BRAGG, CHESNUT, NICHOLSON, SEBASTIAN, MITCHEL, HEMPHILL, and WIGFALL, be, and they hereby are, stricken from the roll, and their seats declared vacant. The question being taken by yeas and nays, resulted-yeas 11, nays 32; as follows: YEAS-Messrs. Bayard, Breckinridge, Bright, Johnson of Missouri, Johnson of Tennessee, Latham, Nesmith, Polk, Powell, Rice, and Saulsbury--11. NAYS-Messrs. Anthony, Bingham, Browning, ChandJer, Clark, Collamer, Cowan, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Howe, King, Lane of Indiana, Lane of Kansas, McDougall, Morrill, Pomeroy, Sherman, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilmot, and Wilson-32. So the amendment was rejected. The PRESIDING OFFICER. The question now is on the adoption of the resolution. The question being taken by yeas and nays, resulted-yeas 32, nays 10; as follows: YEAS-Messrs. Anthony, Bingham, Browning, Chandler, Clark, Collamer, Cowan, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Howe, King, Lane of Indiana, Lane of Kansas, McDougall, Morrill, Pomeroy, Sherman, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilmot, and Wilson-32. NAYS-Messrs. Bayard, Breckinridge, Bright, Johnson of Missouri, Johuson of Tennessee, Latham, Nesmith, Polk, Powell, and Rice-10. The PRESIDING OFFICER. On this question the yeas are 32, and the nays 10. Two thirds having voted for its passage, the resolution is agreed to. THE VOLUNTEER BILL. Mr. WILSON. I ask leave to submit a resolution calling back a bill which has been sent to the House of Representatives, in which it is important to make some changes: Resolved, That the Secretary be directed to request the House of Representatives to return to the Senate the bill (S. No. 1) to authorize the employment of volunteers to aid in enforcing the laws and protecting public property. The resolution was considered by unanimous consent, and agreed to. APPROVAL OF PRESIDENTIAL ACTS. The Senate resumed the consideration of the joint resolution (S. No. 1) to approve and confirm certain acts of the President of the United States for suppressing insurrection and rebellion, the question being on the passage of the joint resolution. Mr. POLK. Mr. President, I proceed with the reading of the resolutions adopted by the convention of the State of Missouri, where I left off yesterday: "Resolved, That, in the opinion of this convention, the employment of military force by the Federal Government to coerce the submission of the seceding States, or the employment of military force by the seceding States to assail the Government of the United States, will inevitably plunge this country into civil war, and thereby entirely extinguish all hope of an amicable settlement of the fearful issues now pending before the country; we therefore earnestly entreat, as well the Federal Government as the seceding States, to withhold and stay the arm of military power, and on no pretense whatever bring upon the nation the horrors of civil war." To this resolution the following amendment was made: "And it is the opinion of this convention, that the cherished desire to preserve the country and restore fraternal feelings, would be promoted by the withdrawal of the Federal troops from such parts of the seceded States where there is danger of a collision between the Federal and State forces." The only other resolution passed by the convention, as I believe, was one in regard to the appointment of certain committees. The PRESIDING OFFICER. The Senator will suspend his remarks. The Chair must appeal to members of the Senate to preserve order. Senators in loud conversation and moving about the room, so entirely disturb the business of the Senate that it is utterly impossible that it shall proceed. Senators will please take their seats and come to order. Mr. POLK. After the convention adjourned, Mr. President, the people of the State of Missouri pursued their ordinary avocations in quietude and without any outbreaks or disturbances of any kind. When the President of the United States, on the 15th of April, issued his proclamation calling for seventy-five thousand of the militia of the States named by him, a demand was at the same time made on the Governor of Missouri for four regiments, according to my present recollection. That demand was not complied with by the Governor of the State. Thereupon, certain persons immediately commenced to enlist volunteers in the service of the United States. This conduct was without law. The only laws bearing on this subject passed by Congress, were those of 1792 and 1795; besides, there were the militia laws of the State, and these laws had been pursued by the President of the United States. There was no other course than that adopted by the President of the United States, known to the existing legislation of the country. Yet in a very short time, there were persons in the city of St. Louis calling themselves colonels, lieutenant colonels, and majors of regiments that had been thus illegally raised, but they had no commission from the Governor of the State, and the President of the United States was not authorized to give them any. cause, Mr. President, in the State of Missouri there was no "law of the United States opposed, or the execution thereof obstructed by combinations of men too powerful to be suppressed by the ordinary course of judicial proceedings." Indeed, sir, there was no resistance of any United States law. Yet Missouri, peaceful and law abiding, without against law and in defiance of the Constitution, was invaded by United States troops, by troops from Illinois, by troops from Iowa, and by troops from Kansas. Indeed, sir, it seems that from the very moment in which the Administration resolved upon this policy of coercion, the State of Missouri was marked as a victim for sacrifice, for invasion, and subjugation. As early as the 30th of April, within about two weeks after the issuing of the first proclamation of the President, when there was entire quietude in the State and no extraordinary excitement, before the meeting of the Legislature at the extraordinary call of it that was made, (and that call was not made as early as the Legislatures were called in most of the non-slaveholding States of the Union,) and before any steps had been taken by the authorities of the State, or by the people, or by anybody else, except those acting or professing to act under the direction or by the authority of the Government at Washington, there was issued from the office of the Adjutant General the following order directed to Captain Nathaniel Lyon, second infantry, commanding at St. Louis:" 66 SIR: The President of the United States directs that you enroll in the military service of the United States the loyal citizens of St. Louis and vicinity, not exceeding, with those heretofore enlisted, ten thousand in number, for the purpose of maintaining the authority of the United States, and for the protection of the peaceable inhabitants of Missouri; and you will, if deemed necessary for that purpose by yourself, and by Oliver D. Filley, John How, James O. Brodhead, Samuel T. Glover, J. Wetzing, and Francis P. Blair, jr., proclaim martial law in the city of St. Louis. The additional force hereby authorized shall be discharged in part, or in whole, if enlisted, as soon as it appears to you that there is no danger of an attempt on the part of the enemies of the Government to take military possession of the city of St. Louis, or put the city in the control of a combination against the Government of the United States; and while such additional force remains in the service, the same shall be governed by the rules and articles of war, and such spacial regulations as you may prescribe, and shall, like the force beretofore directed to be enrolled, be under your command. L. THOMAS, Adjutant General. This order was published in the city of St. Louis in a garbled form; a part of it was omitted. The part omitted was this: "By yourself, and by Oliver D. Filley, John How, James O. Broadhead, Samuel T. Glover, J. Wetzing, and Francis P. Blair, jr." The only remark I have to make on that, Mr. President, is, that in my judgment the cause of justice and of truth and of the Constitution is never subserved by garbled publications, or by false representations, or by suppressions of the truth. I have already shown, sir, that the President of the United States has no right to proclaim martial law, or suspend the writ of habeas corpus, either by himself or by any of his subordinate officers, much less on the suggestion of any number of irresponsible citizens, however worthy and excellent they may be. But who is it in this case that is authorized to prociaim martial law? It is a subaltern military officer, of a grade as low as a captain of infantry. Martial law seems to me to have been put at a very cheap rate by this order of the President. Again, sir, I hold in the next place that the President of the United States has no authority to enroll in the military service of the United States "individuals not exceeding, with those heretofore enrolled, ten thousand in number," or any other number of men, as called for by this order. The laws of the land indicate clearly the manner, and the only manner, in which citizens or soldiers can be enrolled in the military service of the United States; and those laws do not justify any such procedure as that indicated in this order. Again, the President of the United States says in this order: "While such additional force remains in the service, the same shall be governed by the rules and articles of war and such special regulations as you”— That is, Captain Lyon may prescribe, and shall, like the force heretofore directed to be enrolled, be under your command." The President of the United States has no right, himself, to prescribe special regulations for the government of soldiers in the service of the United States. That, by the Constitution, is reserved to the Congress of the United States, and to the Congress alone; and much less has he any authority to authorize a subaltern captain to prescribe "special regulations," which, in addition to the rules and regulations prescribed by Congress-the rules and articles of war, in other words-are to constitute the rule for the government of the troops that he may have under his control. Missouri had in force a law, passed in 1859, for the organization and disciplining and training of her militia. That law provided for an encampment once a year, not exceeding six days-an encampment for the purpose of perfecting the force in discipline and military drill, and inuring them to the hardships and duties of the camp. This, I believe, is common in other States of the Union, and especially in the northern section of the country; and I believe that, in this respect, the example of Massachusetts had been followed by Missouri. Under this law, a number of volunteer companies were formed in the county of St. Louis, and perhaps in other parts of the State, and during the early part of the summer of the year 1860, such an encampment was had in the neighborhood of the city of St. Louis, under the direction of General Frost. It was for the purpose I have just indicated. No complaint was made; nobody was found to allege that there was anything illegal, insurrectionary, or improper in that encampment. During the progress of this season, a similar encampment was ordered, under the same law, for the 6th of May last. That encampment was held. It was likewise in the vicinity of the city of St. Louis, and about the same distance from the city, THE OFFICIAL PROCEEDINGS OF CONGRESS, PUBLISHED BY JOHN C. RIVES, WASHINGTON, D. C. THIRTY-SEVENTH CONGRESS, 1ST SESSION. as that of the preceding year. It was for the same purposes. It was under the same law. It was under the direction of the same General Frost. It was held in entire security, or rather in the confident belief, on the part of those who were engaged in it, that they were not to be interfered with, and especially so, because they were protected by the provisions of two constitutions-first, the constitution of the State of Missouri, which says, that "the right of the citizen to bear arms in defense of himself and of the State cannot be questioned;" and secondly, the Constitution of the United States, which says, that "a well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed." The encampment was selected with no view to strength as a strategical point. It was in the neighborhood of the city, in a grove, on a beautiful green sward, and having the advantage of cool and inviting shade. It was accessible to the city; it was resorted to, in great numbers, by the citizens, and by the strangers who might happen to be there, and were led to visit it either by interest in the persons who were encamped, or for purposes of curiosity or pleasure. On Friday, the 11th of May, when these volunteers were encamped there, as I said, in the confidence of perfect security, when many of them were absent in the city of St. Louis, on leave, not dreaming of attack or of interruption, there were marched upon them the regiments that had been collected in the arsenal and in other portions of the city of St. Louis, well armed with the deadly Minie rifle, supported by parks of artillery; and without notice, and suddenly, a demand is made upon them that they surrender themselves unconditionally as prisoners of war. Circumstanced as they were, there was no alternative but to comply. They were marched out between two files of soldiers, and taken as prisoners of war, and confined as such in the arsenal at St. Louis. There was a large concourse of people there, of all ages, sexes, and conditions-men, women, and children. SATURDAY, JULY 13, 1861. arms distributed to them on behalf of the United Mr. President, I wish to make one remark on this point. I say that such a proceeding is unwarranted by the laws. The acts of Congress only authorize the distribution of arms to the soldiers regularly enrolled in the military service of the United States or to the States themselves. I know that the pretext is, that this is necessary for the purpose of protecting "loyal citizens against what are called "secessionists." Mr. President, it is the imperative and indispensable duty of the State governments to protect all their citizens against all aggression on the part of any of their fellow-citizens, and under our system of constitutions it is so much and so exclusively the duty of the State government, that the United States Government, in this respect, is as alien to the States as would be the Government of France or of England; and the United States Government has no more right to intervene by armed interference, for the purpose of such protection of one citizen of any State against the wrong-doing of his fellow-citizen of the same State, than would Louis Napoleon have to march his gens des armes into one of these States for the same purpose. The Constitution and laws of the United States are such that even civil redress is prohibited to the Federal tribunals in such cases for aggression and wrong that may have been done by one citizen against another citizen of the same State. The United States courts have no jurisdiction in such cases; the jurisdiction belongs exclusively to the State courts; much less has the United States any authority to interfere by men with arms in their hands, for the purpose of doing this thing which cannot be done before her peaceful tribunals; unless, indeed, the time has come in which, amidst the clangor of arms, the warnings of the Constitution, and the inhibitions of the law, are not to be heard, and in which the military power may do whatever those who have the control of it may dcem advisable to be done. officers. On that same day, General Harney, who There was excitement, and no doubt deep in- On the 14th of May, the Legislature of Missouri dignation. Many of those that were there were being then in session, passed an act (in pursuance the friends and near relatives of the persons who of that clause of the Constitution of the United were thus treated. This feeling exhibited itself States which "reserves to the States respectively in hoots and hisses, and the result was that a the appointment of the officers and the authority charge was ordered by the bayonet and then an of training their militia") for the purpose of ororder to fire was given, and the deadly Minié ballganizing and disciplining the volunteer militia of did its mission of death on unarmed men and help-the State and providing for the appointment of its less women and innocent children. The slaughter under the circumstances was tremendous. It was shocking and revolting; and, as is the case most generally with those who are wounded with the Minie ball, very few of those who were wounded escaped with their lives; and just before I left my home for the capital one of the victims of that murderous attack-I shall not, be sure whether the forty-fifth or fifty-second-breathed his last. Before these volunteers-who were taken, marched down to the arsenal, and confined therehad been discharged, a number of persons, mostly, if not exclusively, of German descent, went down to the arsenal, and they too, after taking some kind of an oath-what it was I do not know, exactly-were armed by the United States. Their arms, too, were loaded and charged with the Minié ball. They then marched up through the city of St. Louis; and when they arrived at the center of the city and had turned from Fifth street out on Walnutstreet, going west, a large concourse of people having assembled there, and having also indulged in indignities towards them, as I believe, and as it is said, having discharged a pistol at them, but without effect, they turned and discharged their weapons on the crowd that thronged the sidewalks, and into the houses that were adjacent and lined the street; and so great was the confusion and the excitement of the occasion, that some of those who were at the head of the column actually discharged their pieces on those of their comrades who were in the rear, and a number of them also fell victims to that discharge. These were what are known in that locality as home guards-persons who are marched down to the arsenal and, on the administration of an oath to them, have He then assumes upon himself to declare that the act of the Legislature of Missouri, which I have last referred to, was in most of its important provisions unconstitutional, and to warn the people of the State that it would be treated by him accordingly, and would be held as nuil and void; and that any attempt to enlist or collect volunteers under it would be summarily put down without regard to any "subterfuges, whether in the forms of legislative acts or otherwise." Mr. President, I have a high opinion of General Harney as a good and valiant and gallant soldier. I have known him long. But he does NEW SERIES.....No. 5. great injustice to himself when he allows himself to assume an attitude so false and damaging as this. A mere military man assuming to pronounce a law passed by the Legislature of a State unconstitutional; putting himself above the sovereign State of Missouri-above its government in all its departments, its executive and its legislative and judicial departments. Sir, it belonged to the supreme court of the State of Missouri in the last resort to pass upon the constitutionality of that law; and if a case should arise under it which would give jurisdiction to the United States courts, then it belonged to the Supreme Court of the United States to pronounce that decision; and it was no part either of the prerogative or of the duty of any military gentleman, however high his position or his character might be, to pronounce such a judgment upon the legislation of the State of Missouri. Let it be further borne in mind, that at this very time the Legislature of the State of Missouri was in session. That Legislature was also in session, at the time of the bloody transaction of the black Friday, at Camp Jackson; but so unwilling were they to be brought in any way in conflict with the General Government, that, instead of doing as some other States had done without such provocation-that is, undertaking to withdraw the State from the Union--they contented themselves merely with passing resolutions condemnatory of these assumptions on the part of General Harney, and then adjourned. What comes next? I have referred to one arsenal in the city of St. Louis. It has been there for many years, an extensive one and rich in armament; but minor arsenals were now established in other parts of the city, depositories for guns in divers localities. The regiments that had been collected in that arsenal were moved out of it. Companies were stationed in different portions of the city; squads of soldiers were placed at the railroad depots and upon the thoroughfares entering into the city. The shipments of merchandise by the river were subjected to an examination by armed soldiers. Goods shipped by the railroads were also examined, the packages opened and searched. Passengers by the railroads were subjected to an examination; cars were stopped and armed soldiers passed through them, to see that there was nothing "contraband,' as they said. The object I do not undertake to indicate. Carriages were stopped going in and out of the city on the public streets and highways, and in some instances this was carried to the length of examining carriages in which there were only ladies, who were visiting their relatives and friends with out a male person with them, except the servant who was driving the carriage. Thus the city of St. Louis was under a military despotism, more complete and thorough than she had ever known as a village when she belonged to the military despotism of Old Spain. As may be supposed, under auch circumstances, gangs of informers gathered and spies swarmed, and citizens good and true, in different sections of the State, were denounced. The result was that soldiers, in companies, were sent out to different portions of the State, and citizens arrested in their homes, and brought into the city and imprisoned in the arsenal, without warrant, and by the mere might of arbitrary military power. This was the case in the town of Potosi, the shire town of the county of Washington; it was the case in Maramec; it was the case in Hillsborough, and in other parts of the State. It would be wearisome to enumerate all the instances of this lawlessness, and much worse than wearisome to go through the tyrannous details of each individual case, In this state of affairs, when the forbearance of the people had been taxed to a very large extent, General Price, at the head of the militia force of the State, by the direction of the Governor visited St. Louis, and had an interview with General Harney, They seem to have had a full and frank conference. They came to an under standing. That understanding relieved the State of the weight of apprehension and alarm that |