traitors beyond their lives. It is in vain that gentlemen, by calling these traitors public enemies in war, attempt to make them anything else than traitors. Treason consists in levying war against the United States, and those who do so are traitors, and nothing more or less than traitors. The very point decided by Judge Swayne was, that rebels in arms against the United States are not enemies within the meaning of the Constitution, but traitors, and nothing else. Congress is forbidden to forfeit the estate of a traitor, except during his life, by attainder of treason, which at common law reached and forfeited his real estate only. I read the authorities bearing on that question on a former occasion, and no gentleman on this floor has offered a single authority to the contrary. The authorities which I quoted were conclusive. They demonstrated that at the common law the real estate of the traitor, which he held in his own right, or over which he had the power of disposition, was the real estate and the only real estate liable to "forfeiture, and that it was expressly to limit the forfeiture of that during the lifetime of the traitor that our fathers, in making the Constitution, inserted the words, “no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted." "As to personal property, including slaves, they are the subjects of capture in war, and Congress is expressly authorized to make rules concerning captures on land and water. "But the title passes from the owner, not by the enactment of the law, but by the capture, and that until the President, by his military forces, can put down the armed forces of the rebels, and get possession of their country, and make the captures, the law of Congress will have no more effect in putting down the rebellion than in putting down the rebellion in Chi na. If a law of confiscation would have such marvelous results as some suppose, why not by act of Congress canfiscate the powder and ball and muskets and cannon of the enemy, and that would end it at once. Sir, it needs something more than paper shot, acts of Congress, and impassioned speeches of Congressmen. I will not, however, repeat these views, nor dwell upon these authorities at this time. "But, sir, I feel called upon to notice a remark made the other day by the Senator from Ohio. [Mr. Wade.] He denominated those of us who hold to these opinions, referring to myself and others, 'weak brethren.' Weak in our disposition to prosecute this war against the rebels? Weak in our sympathies for the loyal cause! As if we had a desire to cover up traitors' property and cover up treason! Let me tell that Senator that the most efficient means to put down the rebellion is not the en actment of unconstitutional laws by Congress, but by marching our military forces upon the rebel enemy; that nothing will do it but ball and bayonet. Nothing can overcome war but war! War is an appeal to the god of force, and we must bring force against force. It is not by speeches here, nor resolutions, nor acts of Congress that this rebellion can be crushed. It is to be put down at the point of the bayonet. And if from the beginning of this session the only word of Congress had been 'men and money,' and of the Executive 'forward march, charge bayonet, a little more grape,' and nothing else, we should be nearer the end of the rebellion than we are at this hour. We have spent too much time and wasted too much energy in finding fault with each other, in criticising our generals in the field, and criticising and thus weakening the confidence of the country in the Administration. * * * "Sir, this is the spirit I would intuse into every American heart. In this day of our trial, in this hour of blood, and agony, and tears, when the hearts of this people, disappointed in their expectations before Richmond are stricken, and the hopes of timid men begin to fail, it is no time for Senators of the United States to be standing here publicly denouncing the Administration, or denouncing the Generals in command. Now is the time for men of real courage, men of abiding faith in man and truth, and God, whom temporary reverses do not cast down, and dangers do not appal, to speak to the country, to the President, and to the civilized world words of encouragement and good cheer. Let them know that in the midst of apparent disasters, in spite of threatened intervention from abroad, we, the representatives of American states and of the American people, standing fast by the Constitution and the Union, here and now renew our pledge before high Heaven, and swear by Him who liveth, and reigneth forever, that we will put down this rebellion, we will sustain this Constitution, and preserve this Union forever. [Applause in the galleries.] "The Presiding Officer-Order! "Mr. Doo.ittle This is the word which I would speak, if I had the power, to the hearts of all American citizens, and speak it now. "Mr. Wilson, of Massachusetts-Will the Senator allow me to ask a question? "Mr. Doolittle-Certainly. "Mr. Wilson, of Massachusetts-I want to ask the Senator from Wisconsin this simple question: What has the Administration asked of the American Senate that has not been given cheerfully and freely by the votes of all of us, to carry on the war? "Mr. Doolittle-I will answer the honorable Senator. What the Administration, has asked of this Senate which it has not had, as it ought to have had, is its sympathy, its words of encouragement and support. Instead of that, it has often received speeches denunciatory in their tone, on this floor, denouncing the policy of this and the policy of that, when the President's hand and heart have been aching and almost crushed under the load of these great responsibilities, which God, in his providence, has thrown upon him. I complain of that.But what is past is past; let us hear no more of it. I do not say that you have not voted men and money. They have been voted with a lavish hand; but he wants more: he wants the cate both the cowardice and animus of the hearts of the Senate to sustain him. Let our hearts go out towards him, to fight with him, party that gave them vitality. Let them speak and fight for him" As the foregoing sentiments were uttered by a strong defender of the Administration, it may be safe for Democrats sometimes to quote them. We are aware that Mr. DOOLITTLE does not suit all his "constituents," and as a sam ple of their displeasure at the utterance of the foregoing sentiments, we introduce the late editor of the Racine (Wis.) Journal, who said: "We can stand a great deal, but we submit that classing Senator Doolittle among the Abolitionists, is altogether too cool for the season. It should be remembered that Mr. Doolittle is a politician, [Few now dispute it since his speeches later than the above, to be seen elsewhere] and is not particularly accountable for anything he says. When it is for his interest to say, as he did in Union Hall (Racine) that slavery is a divine institution, established and sanctified by the Diety, and should never be abolished, he says it for some purpose. When he votes against giving freedom to a slave, who did the government great service (as he did in the Senate last summer) he does it for a purpose. When he votes with the friends of the rebels, against confiscating their property, as he did last summer in the Senate, he has an object in view; and, when he gets up in this Senate and endorses every abolition doctrine that we have promulgated for the last twenty years, he has an object in view; when he whines out his pious platitudes, and prates over his 'honest heart,' and his 'plain spoken manner,' then is the time he is seeking afresh some profitable office, at the hands of the people." Notwithstanding this, the Abolition Legislature of 1863 re-elected him to the Senate. CHAPTER XXVIII. INDIRECT MODE TO VIOLATE AND NULLIFY LAWS. The Personal Liberty Bills of the Various States... Sundry Provisions to Nullify the Fugitive Law...A Radical Organ admits the Purpose... Schemes of the Plotters exposed. THE PERSONAL LIBERTY BILLS ANOTHER for themselves: MAINE.-R. S., Title 8, chap. 80, page 491. 53, provides that no Sheriff or other officer of the state shall arrest or detain any person on claim that he is a fugitive slave. The penalty for violating the law, is a fine not exceeding one thousand dollars or imprisonment not less than one year in the County Jail. NEW HAMPSHIRE.-Laws of 1857, chapter 1966, page 1876. 1. Admits all persons of every color to the rights and privileges of a citizen. 2. Declares slaves, coming or brought into the state, with the consent of the masters, free. 3. Declairs the attempt to hold any person as a slave within the state, a felony with a penalty of imprisonment not less than one nor more than five years. Provided, that the provisions of the section shall not apply to any act lawfully done by any officer of the United States or other persons in the execution of any legal process. VERMONT.-R. S., Title 27, chap. 101, p.p. 536. 1. Provides that no Court, Justice of the Peace or Magistrate shall take cognizance of any certificate, warrant or process under the fugitive slave law. 2. Provides that no officer or citizen of the state shall arrest, or aid, or assist in arresting, any person for the reason that he is claimed as a fugitive slave. 3. Provides that no officer or citizen shall aid or assist in the removal from the state of any person claimed as a fugitive slave. ?? 4 and 5. Provide a penalty of $1,000, or imprisonment five years in the State Prison for violating this act. 26. This act [8% 1 to 5] shall not be construed to extend to any citizen of this state NORTHERN MEANS TO "PRECIPITATE" REV-acting as a judge of the circuit or district OLUTION. We have thought it proper to record for future use the provisions of Northern statutes, passed to virtually abrogate the fugitive act. These we have collated as briefly as possible, that the reader may see that the Southern secessionists had plenty of Northern allies. The provisions of the Northern "personal liberty bills," as these laws were styled, clearly indi court of the United States, or as marshal or deputy marshal of the district of Vermont, or to any person acting under the command or authority of said courts or marshal. 7. Requires the state attorney to act as counsel for alleged tugitives. 22 9 and 10. Provide for issuing a habeas corpus and the trial by jury of all questions of fact in issue between the parties. CONNECTICUT.-Revised Statutes, Title 51, page 798. 21. Every person who shall falsely and maliciously declare, represent or pretend, that any FREE PERSON entitled to freedom is a slave or owes service or labor to any person or persons, with intent to procure or to assist in procuring the forcible removal of such free person from this State as a slave, shall pay a fine of $5,000, and be imprisoned five years in the Connecticut State Prison. WISCONSIN-R. S., chap. 158. sec. 51, &c., page 312, &c. 22 1, 52, 53, and 54 provide for the issuing of the habeas corpus in favor of persons claimed as fugitive slaves. 22 55, and 56, direct how proceedings shall be conducted and grant a trial by jury. 57, provides a penalty of $1,000, and imprisonment not more than five nor less than one year, against any person who shall falsely and maliciously declare, represent or pretend 22. Require two witnesses to prove that any that any free person within the State is a slave person is a slave or owes labor. or owes service or labor, with the intent forceibly to remove such person from the State. 58, requires two witnesses to prove a person to be a slave. 3. Provides a penalty of $5,000 against any person seizing, or causing to be seized, any free person with intent to reduce him to slavery. 4. Depositions not to be admitted as evidence. dence. 5. Witnesses testifying falsely are liable to $5,000 fine, and five years' imprisonment. RHODE ISLAND.-R. S., Title 30, chap. 213, page 532. 17. Forbids the carrying away of any person by force out of the State. 18. Forbids any judge, justice, magistrate or court from officially aiding in the arrest of a fugitive slave under the fugitive law of 1793 or 1850. 19. Forbids any sheriff or other officer from arresting or detaining any person claimed as a fugitive slave. 20. Provides a penalty of $500, or imprisonment not less than six months, for violating the act. MICHIGAN.-Title 37. 1. Requires the State Attorney to act as counsel for fugitives. 259, depositions not to be received in evi 260, judgment under fugitive slave act not to be liens upon real estate. This however, can only apply to decree of State courts. THE ANIMUS ADMITTED. and their aim and purpose to nullify the act of As exhibiting the real animus of these laws, Congress and the decision of the Supreme Court thereon, we select the following, among a numerous class of admissions, from the Wisconsin State Journal, of Sept. 19, 1854, when such nullification was openly demanded by the radical press of the country. The Journal said: "The modification (of the State law) proposed, will practically prove an abrogation of the law. (The Fugitive Law.) This must be understood by those who favor it. (That is, the proposed 'modification.') Few slave owners will desire to incur the cost of reclaiming a fugitive. While the nation bears the expense, and the free men of the North are compelled 2, 3 and 4. Grant habeas corpus, and pro- to pay the larger portion, slave catching may vide for trial by jury. 5. Forbids the use of jails or other prisons to detain fugitives. 6. Provides a punishment of not less than three nor more than five years for falsely declaring, representing or pretending any person to be a slave. 7. Provides a fine of not less than $500, or more than $1,000, and imprisonment in State Prison for two years, for forcibly seizing or causing to be seized any free person, with intent to have such person held in slavery. 7. Requires two persons to prove any person to be a slave. be a pleasant business enough for Southern 'impersonations of the high born aristocrat.' But, compel them to foot the bill, on the old principle that those who dance must pay the fiddler, and the fugitive slave act would become as inoperative, in most portions of the Union, as it is now in Wisconsin. The average cost of reclaiming a fugitive, is more than the best proportioned man, or even the most delicate and perfect sample of Creole beauty, will bring in the shambles of Southern aristocracy. "It is not, then, through any tenderness for the chivalry that this modification is proposed, but merely to accomplish the same end without openly avowing the purpose. "We * * * We may discourse, it matters not, how eloquently, of the sacredness of law, and of the necessity of respecting all laws, but there is ARBITRARY POWER-MILITARY ARRESTS, &c. Introductory Remarks... Loyalty and Patriotism of the North... Arbitrary Power used to Destroy the Northern Unanimity...Senator Fessenden on Stopping Enlistments... Senator Wilson on same...General Conclusions... The Cause and the Effect... Mr. Lincoln's claim to Un limited Power... Order No. 38... Trial of Vallandigham... Resolves of the Democratic Meeting at Albany... Their Protest to the President...The President's Reply... The Rejoinder... Protest of the Ohio Committee... President's Reply... Committee's Rejoinder... The Law of the Case, from the "National Intelligencer "... Personal and Legal Rights...Crittenden's Views... Abolitionist Feel Uneasy...Administration Condemned by its own Organs... Views of the N. Y. "Post" and "Tribune"...Judge Duer on Usurpations of the Administration... From the "N. Y. World." This class of wrongs has been interpreted by the people as an effort solely designed to divide and distract the North, with a view to make peace and Union impossible. God has given us no prerogative to judge of motives, except by and through the medium of acts, and when judged by this standard, we cannot see how it is possible that the unbiased mind can acquit those in power from the design charged herein. Before the system of arbitrary arrests was inaugurated, the whole North was a unit.There was not so much as a ripple on the surface of popular feeling-no popular disturbances manifested themselves, to arouse fear or excite alarm. The people everywhere in the North were not only loyal, but they were more-they formed themselves into one solid wall of military power, to resist and subdue rebellion. In every nook and corner of the great, busy and powerful North-in the agricultural and in the manufacturing districts— from Aroostook to the San Joquin-all was astir in common rivalry to see which state, which county, which town or ward should be the first to answer their country's summons. In short, the whole North was one great military camp. The whole people, forgetting party-fo-getting domestic comfort and happiness-forgetting all save their imperiled country, gathered up their wealth, extended their utmost credit, collected their sons, their fathers and their brothers, and throwing them all at the feet of the President, bad him use them as best he might to save liberty, protect and defend the Union. In a spirit of generous confidence that has no parallel in the world's history, the people at once resigned to the President the entire dominion over the purse and the sword, asking no conditions, save the defense of personal and civil liberty, and protecting the Union of their fathers from wanton destruction. We heard then no criminations about "laggards," "shirks," or "sneaks." The only complaints (and they were many) that afflicted officials in the discharge of their duties, came from the thousands of companies and hundreds of regi As a prelude to what follows, it is but due to remark, here, that the Democracy of the country do not, nor have they ever objected to any of those extreme military measures that experience and the laws of war have demonstrated as necessary to good discipline, a well regulated military police, and to prevent and punish crimes and breaches of martial law-within the lines of army operations-in short, that the rigor of war may exist wherever war is. But the Democracy and all con-ments and parts of regiments that were disservative men do protest against visiting peaceful and loyal states and communities, hundreds of miles away from hostile foes and army operations, with all the rigors of arbitrary, mar tial law, without even a necessity or excuse being shown for it. banded and turned away, denied the high and 250,000 TROOPS TOO MANY. Even as late as March 29th, 1862. [see Globe of that date] Senators FESSENDEN and WILSON thought it their duty to stop enlistments, because of some 250,000 soldiers under pay more than were needed. Mr. FESSENDEN said (March 28th): "There are more men than the Government knows what to do with, here, on the Potomac, to-day. What occasion is there to send for others? * * We have 750,000-if that is the number-250,000 more than we ever intended to have. * * What is the reason why we should go on and appoint Generals to correspond with a number of men that are not needed and are not used? * * I offered a proposition the other day to stop all enlistments until we should get down to the number we wanted and no more. My friend from Massachusetts (Wilson) said we should have a bill soon where I could put on my amendment, I have not seen his bill yet. As soon as he brings it along, so that I can put on my amendment, I will, and hope it will be forthcoming very soon. I understand, however, that the Department has absolutely stopped enlistments. But whether that be so or not, it is best to reduce it to shape, and have a law on the subject. SENATOR WILSON ON SAME SUBJECT. Mr. Wilson (Rep. of Mass.)-The Senator from Maine (Mr. Fessenden) the other day proposed to reduce the number of men authorized by law down to 500,000. I agree with aim in that. Still, we have not been able to do it. It was suggested also that we ought to stop recruiting. I agree to that. I have over and over again been to the war office and urged upon the Department to stop recruiting in every part of the country. We have had the promise that it should be done, yet, every day, in different parts of the country, we have accounts of men being raised and brought forth to fill up the ranks of regiments. The papers tell us that in Tennessee and other parts of the country where our armies move, we are filling up the ranks of the army. I believe we have today 250,000 more men under the pay of the Government than we need or can well use. I have not a doubt of it, and I think it ought to be checked. I think the War Department ought to issue peremptory orders, forbidding the enlistment of another soldier into the vol untary force of the United States, until the time shall come when we need them. We can obtain them at any time when we need them." -[See Cong. Globe, March 29, '62. Senator WILSON was Chairman of the Committee on Military Affairs, and of course thought he spoke by card. He had no fears that we could not obtain all the men needed, when their services were required. The unanimous action of the people was an earnest of this. trary arrests. Victims in large numbers were dragged from their peaceful abodes, at the criminal hour of midnight and without accusation, judge or jury, were bundled off to some loathsome cell or military fort, kept there from one to twelve months, and finally "honorably discharged" without ever being made acquainted with the charge or character of the "suspicion" against them. These arbitrary, despotic and wholly unnecessary acts, justly aroused, as we believe it, was intended, the fears and indignation of the people. The North was all ablaze with excitement, and as the arrests were wholly confined to those who professed the Democratic faith, it very naturally aroused a most intense political excitement, and from that hour parties became arrayed against each other. Not content with letting well enough alonenot content with the patriotic devotion to the country which induced Democrats everywhere to forget party and remember only their counanche of strength that had in eight months try-not content to rely on that mighty avalsurfeited the Union camps with 250,000 more men than the chairman of the committee on Military Affairs knew what to do with-not content to raise an army of more than twice the size of that which the Great Napoleon led to Moscow, all for the asking-not content to tolerate a united North-this despotic Fire Brand being but the forerunner of its twin measure, the proclamation-was cast into the inflamable materials at the North. It was un necessary-it was wanton, and hence believed to be the work of design, and that design-a division of the North-for a purpose, and that purpose has already been divined. THE CAUSE AND THE EFFECT. The cause is easily tracable to its legitimate results. The North has been divided. Voluntary enlistments were entirely suspended, and within a month's time after these firebrands were cast into the great Northern magazine, and for the first time, the cry of a Draft was heard! A draft came up from Washington. No one can say that the Democracy were in the least at fault in this, for the Republicans themselves immediately stopped enlisting. When the "powers" at Washington saw this But, what followed? At once, without excuse, disastrous result, what did they do? Did they cause or palliation, the State and War De-stop the cause they had set in motion? No, but partments commenced their system of arbi- they gave it new impetus; they aggravated it; |