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of age.

now as our own sons.

ployed as clerks in the military or naval service whether the Senator from Maryland would not whether he is forced in at the point of the bay. of the rebels who, perhaps, ouglit not to be turn such a person out.

onet. In the one case I should feei very difexcluded. They were most of them in a state Mr. JOHNSON. No, I would not. I can ferent toward the individual than I would in of starvation; they were obliged to take some imagine a great many boys that I would not the other. employment in order to live; and I think it turn out, boys in the situation in which I sup- Mr. GRIMES. It cannot apply to this case, would be better to leave the matter to the Gov- pose a good many of them to have been.

because nobody was ernscripted in the rebel ernment. The cadets are appointed by the they liad gone in when they were seventeen or lines under the age of eighteen, and no conmeinbers of Congress, I believe, except some eighteen years of age, with knowledge on their scription has been made within the rebel con. fifteen or twenty who are appointed by the part, it would be a different thing; but I can federacy within two years. No one can go to President at large. I think it would be better very readily believe there were boys of twelve, the Naval Academy after he is eighteen years to leave it to the Government.

thirteen, or fourteen years of age who went Mr. WILSON. We educated at West Point into that service without having any idea at all Mr. JOHNSON. I thought they conscripted some young men that turned traitors. Now, that they were offending against the Govern- those of fourteen toward the close. I am against educating at West Point any men ment, and who may be just as true and loyal Mr. GRIMES. I think not. They went in who have been traitors. I think any person

voluntarily, if they went in at the age of fourwho has served in the rebel army or navy Mr. CONNESS. I can very readily believe

teen, I think. should never enter West Point, or the Naval that there were thousands and tens of thou- Mr. JOHNSON. Of course, many went in Academy, never be educated by this Govern- sands who went into the rebellion that did voluntarily at fourteen ; but my recollection ment.

not know what they were about. I think the is that the conscription was as low as fourMr. SHERMAN. I would ask my friend leaders did not know what they were about. teen toward the close. from Massachusetts why he does not extend If they did they never would have gone in. Mr. SHERMAN. There is no great hard. his amendment to the Naval Academy. I pro- Mr. JOHNSON. They did know what they ship in excluding any of these persons; there duced testimony here of the most conclusive were about.

are plenty left from whom to make a choice. character that a young man in the Naval Acad- Mr. CONNESS. We differ about that. But Mr. DOOLITTLE. I will take the sense emy had served willingly in the rebel service, while it may be true, as stated by the Senator of the Senate on the question I suggested, by and yet he is now being educated at the Naval from Maryland, that there are many boys who moving to insert the word voluntarilybe. School. I think the provision ought to extend | participated in the rebellion who ought not to fore served;' and I ask for the yeas and nays both to the Army and the Navy. The joint | be held to a very strict responsibility for it, or on that amendment. resolution which I introduced and sent to the punished for it, I think this country has a great The yeas and nays were ordered. Committee on Naval Affairs relative to the case many boys in it who are more worthy than they, Mr. EDMUNDS. As I am to go on the to which I allude I have not heard of since. and who ought to be promoted in preference. record and am very sensitive on this question,

Mr. GRIMES. I will state to the Senator If the fact be as stated that there is a boy in the I wish to state the reason why I shall vote from Ohio that that testimony which he intro- Naval Academy or at West Point of the class "nay." It may be, possibly, that those who duced before the committee, and which he referred to, he should not remain there, in my bave been involuntarily in the rebel service thought was so conclusive, turned out, upon a judgment. We have had enough experience are not as bad as those who went in on their more thorough investigation, to be somewhat of furnishing talent, organized and educated own motion; but the country is full of boys, more doubtful than he imagined, and the young talent, to the enemies of the country at the the sons of heroes who have fought on the man alluded to was appointed upon the recom- expense of the national Treasury. There ought right side of this rebellion, who are deserving mendation of the very men who wrote the let- to be an end to it. I hope that those who of these places if anybody in the world is; and ters to the Senator from Ohio on the subject. offered the amendment will change it in that without poing into the question of the precise Mr. SHERMAN. The testimony was very respect.

degree (f consideration that ought to be acconclusive that the young man had been in the Nr. FESSENDEN. I suggest to my friend corded to involuntary rebels, if I may use rebel service.

that I do not think you can carry it on this bill such a term, there are enough who are not Mr. GRIMES. The case has not been acted so far as to legislate for an individual case; open to suspicion to fill all these places. That on yet; and it is due to the young man that I and there is only one, and about that there is is my reason for voting against the amend. should say, as he is still in the Academy, that | great doubt whether it would apply to him or ment. he was never in the rebel service proper. He not.

Mr. HOWARD. I beg to inquire in what joined in the State of Kentucky a home guard, Mr. CONNESS. If the form were changed way the question is to be settled whether a was never sworn into service, and very shortly it would apply to the case.

person was in the rebel service voluntarily or after he found out the way in which the guard Mr. FESSENDEN. But it is not pretended involuntarily, and who is to settle it." was to be used he abandoned it entirely and that there is more than one case about which Mr. CLARK, and others. Let us settle it never took service under the rebel flag. there is any question, and that is very doubt- here by a vote.

Mr. SHERMAN. He was in Buckner's ful. I hope this bill may not be incumbered Mr. HOWARD. I think we had better set. guard, and the testimony was that he and all

tle it here, and leave no question of that kind his family were against the Government all the Mr. CONNESS. I have no strenuousness to be adjudicated by anybody else. time during the war. about it.

Mr. DOOLITTLE. 'It is not very long since Mr. GRIMES. When all the testimony shall Mr. DOOLITTLE. I observe from the read- I was reading over the report of the recon. be presented I think the Senator will be satis- || ing of the amendment that there is no distinc- struction committee, and one of the articles of fied that the ex parte testimony upon which he tion taken between those who voluntarily went anfendment to the Constitution which they pro. pronounces judgment here against that young | in and those who were forced into the rebel vided was that those men who voluntarily ad. man may possibly be erroneous.

service. There ought certainly to be a distinc- hered to the rebellion should not vote until a Mr. SHERMAN. It may be. I do not || tion. Some boys may have been conscripted certain time. How is that to be settled ? vouch for it.

in against their will, forced in at the point of Mr. HOWARD. By law. Mr. CLARK, We need not try that case; the bayonet, and who ought not to be held Mr. DOOLITTLE. "But it is a fact whether but it seems to me very proper that the amend responsible to any such rule as this.

they went in voluntarily or involuntarily; you ment should apply to the naval as well as to Mr. GRIMES. They were not conscripted cannot settle it by a law. It is a question the military department of the Government. at the age alluded to.

of fact, and upon that question of fact whether Mr. GRIMES. I am perfectly willing that Mr. DOOLITTLE. Suppose they were they went in voluntarily or involuntarily deit should be applied to the Naval Academy. forced into the service, are they to be excluded pends the guilt or the innocence, just as in the

Mr. JOHNSON. This is the West Point for that reason? It is one thing as to those commission of any other offense. The idea bill.

that went in voluntarily; it is another as to of holding a person responsible for what he Mr. CLARK. The naval bill has gone

those that were forced in. I think there cer- does under compulsion, by force, at the point through. There is no other bill to come on tainly ought to be a distinction. The amend. of the bayonet, driven by a squad of men who which we can put it. I will move that amend. ment ought to say that those who voluntarily perhaps took a young man and forced him ment, “ Military or Naval Academy."

engaged in the service should be excluded. I into the army at the peril of his life, is a very Mr. WILSON. I accept that amendment. move to amend it by inserting that word “ sol. different thing from what it is when he volun. The PRESIDENT pro tempore. The amend- untarily.

tarily goes in of his own accord. ment, as modified, will be read.

Mr. FESSENDEN. I hope not. It you Now, Mr. President, in relation to these The Secretary read it, as follows:

put in "voluntarily," they will prove, every appointments to the Naval Academy, and to And be it further enacted. That no person who has one of them, that they went in involuntarily. the Military Academy, they are appointments, sorved in any capacity in the military or naval servico of tho so-called confederato Statcs during the

Toexclude all is the only way to keep them

out. so far as I understand, that are generally appor: late rebellion shall hereafter receive an appointment

Mr. DOOLITTLE. I ask the Senator from tioned throughout the country to each con. as a cadet at the Military or Naval Academy. Maine if he desires to keep out those who were gressional district. The various congressional Mr. CONNESS. That would leave such a forced to go in.

districts of the country claim the right to have person in, if now there. It says, "shall here- Mr. FESSENDEN. I would rather not run these scholars or cadets sent from the districts, after."

the risk of getting rebels in by putting in the and in order to select the one most proper to Mr. JOHNSON. Do you want to turn them word voluntarily.'

be put at the Academy, the right has been given ont?

Mr. DOOLITTLE. I think that there is a by law to the members of Congress to select Mr. CONNESS. Yes, turn out anybody of great difference in engaging in a service, whether them. Now, the right being given by law to that kind, certainly. I should like to know one goes in voluntarily, of his own free will, or the members of Congress to select, suppose

any further.

we had

there is a member of Congress from Kentucky, || fought very gallantly and with great skill, and educated, when, as said by the Senator from or 'Tennessce, or Maryland, or Virginia, or any had contributed in a great measure to raise the Vermont, there are so many young men who of those States where some of the boys have 1 miliarý reputation of the country in defense have been engaged on the other side, or who gone into the rebellion, who has an appointment of the United States in the war with Mexico. are the children of heroes on the other side, to make. It becomes a question for this Rep. Their fault has been (and it is a fault which I who would desire these places? I desire to resentative to determine, and determine for do not think the Senate exactly appreciate) that say nothing in disparagement of any person himself'; he has the right to make the selec. || they were educated in that part of the United who repents of the evil he has done, but I cer tion, and we by law now assume to declare, if States where the doctrine of secession was tainly would not give a man who had committed this amendment is adopted, that he shall not taught as a constitutional doctrine, really be- treason an opportunity to coinmit it again, and select any young man who has been in the rebel lieved in. The effect of that teaching was not make that treason all the more effectual, by service, who went in voluntarily, but he may confined to the South; a great many men at educating him in the service of the United select one if he has been conscripted and forced the North entertained the same opinion; a great | States. Treason committed once is enough for to go in. I do not see any injustice in it, and many at the North before the rebellion and all time to come; there should be no opportu. I think that we ought to draw the distinction during the rebellion avowed the same opinion. || nity of renewing it. I think we should not put between the voluntary and involuntary rebels, At the time the fugitive slave act was pending || these boys into these schools. between the rebels who of their own intent before Congress, and more strikingly after it Mr. HOWE. If the question were whether made this rebellion, and those who were forced || had become a law and it was called in question one of these young men should be sent to the into it when military authority or power was in some of the States, a great many men who penitentiary for life or should pay the forfeit established over them. I would carry that dis- have been thorougbly true to the Union except of his life upon the scaffold, the inquiry whether tinction out in very many ways, holding those that particular, were resolved to resist by their service in the rebellion had been volun. responsible who moved in it, who voluntarily force the execution of that law, and avowed tary or involuntary I think would be a pertiwent into it, not those who were forted into it. that determination.

nent one, and it would be proper for us to Mr. CLARK. We have had in this matter Mr. CLARK. Does the Senator allege that examine and determine that fact before exea bitter experience. We had a great many as any excuse for these men who were false to cuting either of those sentences. That is not young men educated at the Military Academy the Government?

the question. Undoubtedly, as the Senator and at the Naval School who, in the country's Mr. JOHNSON. Not at all. I am excusing || from Maryland has said, this rebellion originemergency, turned enemies to the country. I them from ignorance. The reason I referred | ated in a faulty education. Undoubtedly he do not want that that experience ever should to it was merely for the purpose of palliating ) is quite correct in saying that that education . be repeated, or that there should be a possibil. in some measure what had been done. No one

was not all obtained in the districts in which ity of its being repeated if there should be is further from justifying it than I am. Nobody | the rebellion had its origin ; that we particiagain another war. Then,' suggests the Sen- regretted it or condemned it more than I did; || pated, were to some extent responsible for that ator from California, (Mr. Conness,]

but while regretting it and condemning it, I education. Let us get rid of that responsibility better be careful." That is what I desire to could not help feeling upon my own judgment | hereafter. The only part we ever had in that do; and I desire to say to those gentlemen who the influence of the considerations to which I education was in sitting and hearing the "right" may have the appointments from those districts have alluded, that although they committed a asserted and the threat made year after year which are located in the rebel or confederate crime, in my judgment, against the United and never taking any steps to guard against it. country, “You shall not appoint anybody who States, and were guilty of the offense of treason, | And now we are in danger of perfecting that has ever been in that service, and I would not the highest of all crimes provided against in the education by showing the world that we can. leave to any such member to say whether the Constitution, yet they were made to believe, pot to-day, with all we have seen of the fruits service had been voluntary or involuntary, but and I have no doubt in hundreds of instances of that education, bring our minds to discrimI would make the fact that he had been in that did conscientiously believe, that it was no crime. inate between loyalty and disloyalty, between service conclusive against him. It is a very But they have waked up now—that I have no fidelity to the Government and treason against different thing to give a vote to a man who has doubt of-to a conviction that in the past they the Governmet. been voluntarily or involuntarily in the service committed a great blunder. Now, without Mr. President, the Senator from Maryland of the confederacy from what it is to put a boy mentioning names, and no question that any thinks that they have got over the effects of who has been in that servic in the Army or Senator can put to me can induce me to men- that education; that they have now been brought Navy, where he may do you mischief.

tion the name, because it would be indecorous, to see that they have committed, not a crimeI do not want, as I said in the beginning, and therefore no Senator will ask me, I met a he does not say that-but a blunder; and in that our experience should be repeated. I think southern gentleman who was a member of the evidence of that he recites a conversation that for the present we had better keep our Acad- Peace Convention, of which I happened to be he had a day or two since with one who par. emies, Naval and Military, pure from any such one, in the cars here the day before yesterday ; | ticipated in that blunder, which I prefer to call influence, and if by and by, as years roll around, he was a southern man, very warm, very de | a crime. It suggested to me the fact that this we find the loyalty of the country returning, cided, very zealous, and, as I thought and told morning I received a newspaper which conso that circumstances will warrant it, then it him at the time, if he succeeded in controlling | tained å notice of a demonstration made I will be time enough to extend the law; but the deliberations of the convention war would think in the city of Raleigh in commemoration now we should make the exclusion final.

certainly be the result, and that their institu- of the life and services of General Jackson of MIr. JOHNSON. I think my friend from tion of slavery, to which they were so much the rebel army, known as Stonewall Jackson. New Hampshire rather exaggerates what has attached, would necessarily fall. He looked It also contained quite a lengthy account of a heretofore occurred at the Military Academy. careworn when I saw him the day before yes- similar demonstration made, if I recollect I had occasion some time ago, with the aid of terday only. I recognized him and he recog. | aright, in the city of Lynchburg, in Virginia, the gentleman who is now at the head of the nized me, and he immediately took bis seat by where the whole city formed a procession, the Academy, to look at the number who had joined me, and said, quite in a sorrowful tone, and I city authorities, all the societies, the fire comthe rebellion, among those who had been edu- have no doubt in great sincerity, ". You were panies, everything like an organization in the cated at the Academy, and it was comparatively right, and I was wrong;. I admit that I was city turned out into the street to do honor to a very small percentage ; and I think it may wrong; God forgive me." I have no doubt the memory of General Jackson; and who was be safely said now, looking to the experience he spoke with as much sincerity as a man can General Jackson? One of the renowned chiefs that those who joined it have had, that no man feel; and that he was sincere, equally sincere, in the perpetration of that which the Senator who will ever be educated there in the future when he was a member of that convention I from Maryland characterizes as a blunderwill be found raising his arm against the Gov- have no doubt, not the slightest.

Mr. JOHNSON. I did not say so. ernment. If there are men who have suffered I only refer to these things for the purpose Mr. HOWE. I so understood. more, perhaps, than any others during the re- of showing that there are circumstances which Mr. JOHNSON. The honorable member bellion, it is those who have forfeited their should induce us to grant some little indulgence is generally so fair that I am sure he will do claim to public confidence by having joined the to our brethren of the South, and especially to me justice. I did not say it was a blunder war as against the Government by whom they the boys of the tender age of some twelve, | alone; I said it was a crime-the offense of were educated. And when my friend from New | thirteen, or fourteen, who were led away by treason. That may be called a blunder in one Hampshire speaks of the experience we have the example of those around them, upon whose sense, but not a blunder as contradistinguished had in the past, I think he misapplies the term judgment it was very natural that they should from the blunder of a crime-a pretty fatal as applicable to the question before the Senate. · rely.

blander, We have had no such experience as to teach Mr. CLARK. Mr. President, supposing the Mr. HOWE. I certainly did not mean to us how to act in the particular case now before facts and considerations to be as stated by the misquote the Senator from Maryland ; I prefer

When those who were educated there and Senator from Maryland, supposing these people || his own language. Then he was the man who who did join the rebellion were sent to the Mil- did go into secession from false notions of edu- took a leading part in the perpetration of that itary Academy we were at peace with each cation, nevertheless the fact is so that many crime. While they are doing honor in this other; no man dreamed at that time that there meii'who were educated at the Military Academy way to these men whom the Senator from would be such a war as afterwards unfortunately engaged in the rebellion. They had the benefit | Maryland and myself agree in characterizing turned out; and I suppose no boy ever was of an education which qualified them all the as criminals, have we any reason to suppose sent to the Academy who during the period of more to do mischief toward this Government. that they have learned really to regard that his education or for years afterward thought || So in the Naval Academy. Now, does not that conduct even as a blunder? They think it an of raising his hand against the Government; l experience teach us to be cautious? And would honor, they think it a credit, they think it a and those who were most conspicuous in the it be wise to appoint young men who have been | glory, and by all these demonstrations they are service of the rebellion were men who had | engaged in the rebellion into these places to be Il trying to teach us that it is a glory ; and while


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they are so careful to slower these honors upon vacancies. During the war vacancies from the in the President, or there is not. If there is all those who have died in that cause what are southern States were filled up by soldiers we doing? selected from the ranks.

Mr. HOWE. "He does appoint. Sir, I sair not long since a statement in the Mr. TRUMBULL. It is intended, and that Mr. FESSENDEN. Very well. Now I say papers which I cannot help but credit, that an is the design of the amendment, to take away those appointments were made without com. application was made to one of the officers in from the President the authority to fill up these plaint on our part, without raising the question this Government, on the part of the cadets in vacancies. It has been a question of construc- of authority at all. the Military Academy at West Point, for per- tion, whether there was authority to fill vacan- Mr. TRUMBULL. We did raise it before. mission to inscribe upon the guns there, which cies where there was no Representative to make Mr. FESSENDEN. No, sir, the question had been captured from the rebels, the names the recommendation. I think the general un- was not raised; no complaint whatever was of the fields on which they had been captured, | derstanding of the law is that the President has made about it. and that permission was refused for a very no authority to fill up these vacancies; but still Mr. TRUMBULL. It has been discussed amiable motive, I have no sort of doubt. The it has been exercised to some extent, and I in the Senate heretofore. argument was, that as these gentlemen were believe we should make it certain.

Mr. FESSENDEN. It was not discussed coming back, ave must leave nowhere any me- Ir. SHERMAN Does it back?

until after the appointments were made, and mentoes that could taunt them with, what? Mr. TRUMBULL. No, sir; it is merely after the State of Illinois and the State of lowa With the fact that there had been a difference, for the future. If there is any question about and the State of Maine, for aught I know, had that there had been a war, that they had been that, I will put in the word “hereafter.' the advantage of sending young men to Wrest criminals. I recollect of hearing that state- Mr. WILSON. The word “hereafter" is Point as representing southern districts; and ment read from the papers one morning, at a in the preceding amendment.

we submitted to it with a good grace, at any table where were sitting two crippled soldiers, Mr. TRUMBULL. Very well; then it is rate. Now, there are a few left; and it is proeach one of whom had lost part of a hand; and not necessary here. do not intend it to go posed to take away the power, if it exists, just I recollect very distinctly, and shall recollect a back. If the Senate concur in it, the object at this time. If it does not exist, the Presigreat while, the manner with which one of them of the amendment is simply this: that the dent will not exercise it; at least, it is to be said to the other, “Well, my friend, it is time vacancies from the unrepresented districts in | presumed that he will not. We have got a full for you and me to go and bury ourselves; if the rebellious States shall not be filled by corps of professors in the Academy, and there we remain here on the earth these crippled appointment by the President.

are a few places in it vacant. It is important hands of ours will forever be a reproach to Mr. FEJSENDEN. That is simply reën. to the country that they should be filled up. these returning brothers that are coming back.” acting the proviso we struck out substantially: Now that peace has returned, it would be a We cannot allow the fact that the people of the We struck it out on a vote of the Senate. I mean thing, in myjudgment, to fill up those, in United States captured a gun from their enemies stated the reason that actuated the committee | addition, from the nortliern States, if there are to be inscribed on the gun for fear those ene. in advising the Senate to strike out that pro- those who are not rebels that can be found in mies will have their feelings hurt! And when viso. The greater portion of these appoint- what were lately the confederate States; and it is suggested here that cadets shall not be ments have already been made, and the vacan: we have already inserted a provision that they educated at this school of ours from districts cies filled up by President Lincoln, and taken shall not be taken from anybody who served in which have no Representatives in the other from the several free States. Some from the the rebel army. I suppose we have power to House, objection is made to that. We object State of Illinois were appointed for Missis- put this provision on; but I am opposed to it to it in the face and eyes of the fact that not- sippi, or some State down there. There are a for the reason that it looks, as I said before, as withstanding the law requires every one of few left, which it is for the advantage of the if we were just aiming it at the President with those cadets to be nominated by the member community, if we want to keep our Academy | reference to the exercise of this power, if he from the district, these appointments are being | full, should be filled up. I will state one sin || has it; and if he has not got it, it is not to be made constantly from the districts where there l gle thing that operated in the minds of the presumed that he will exercise it; and thereis no Representative to make the nomination. committee. We thought after allowing-if fore I am opposed to the amendment. When it is proposed to correct that, we strike there was any such authority-President Lin- Mr. COWAN. It has just struck me that if it out. We say it is too small a matter for the coln to fill up the biggest part of the from the we were to read in history now, after a lapse Senate, and we strike it out.

free States, it was rather small game to under- of one hundred and twenty one years, that a Now, here is a proposition to prohibit the take to say that Mr. Johnson, being President, member of the English Parliament, after the appointment of an individual to receive the should not fill up the residue of them, if be battle of Culloden, had moved in that Parlia. advantages of that school who has been in this had the power, from these States themselves. ment that no Highland youth who had entraitorous service, and it is proposed that we This is saying the same thing over again. I gaged in that rebellion should be educated in shall discriminate anew; that we shall not shall not vote for the amendment to the amend- English colleges, what would we think of it? adopt that in those broad terms, but that we ment for the reason that that is my opinion When Hoche suppressed the rebellion in La shall raise another question, whether his ser- about it.

Vendée, what would we think if a member of vice was voluntary or involuntary, a question Mr. TRUMBULL. The Senator from Maine the French Convention had got up and moved which we cannot try, which we cannot deter- misunderstands the spirit of the amendment that no La Vendean who had taken part in mine. As I said in the outset, if we were de- that I have offered. He attributes it--that that rebellion should have entrée into the Ecole termining the question whether we would hang | would be the inference-to a desire to take from Polytechnique? one of these men, I would stop and cavil on Mr. Johnson, because he is President, the Why, Mr. President, I should think the part the qnestion whether his crime was the result power to fill up these vacancies, having al. of wise men would be to get the young men of of clioice or the result of force; but when we lowed the power to be exercised by the Presi. the South educated with our young men in the are determining only as to what class of young dent heretofore. Now, I say in all sincerity colleges of the North, in the national schools. men shall be educated at the expense of the that I did not have Mr. Johnson in my mind What is to be the effect of a contrary policy? United States and for the military service of in reference to it, as to his being President, or Are we to make these young men patriots, the United States, I think we shall run no risk | anybody else. My understanding of the law has defenders of the country, and attached to its of doing wrong to anybody if we say we will been that these appointments should only be institutions by exclusions of this kind? Mr. take those pupils from the class who have made on the recommendation of the Represent- President, I fear me much for this policy. heretofore been loyal and true to the Govern- ative from the district. However, the law is not I had a conversation to-day with a Senator ment.

very clear on that subject. I think it ought to of this body. At one time in my life, in ing The question being taken by yeas and nays, be specific, and that is the object of my aniend. || youth, I was wise enough, foolish enough, enresulted-yeas 8, nays 33; as follows:

I would have offered it just as quickly | terprising enough to project an expedition into YEAS-Messrs. Buckalew. Cowan, Davis, Dixon, if Mr. Lincoln were Presidentas I do now that Texas to aid General Houston in liberating Doolittlo, Guthrie, Hendricks, and Johnson-8. NAYS-Messrs. Chandler, Clark, Conness, Cragin,

Mr. Johnson is President. It is not intended Texas from the yoke of Mexico. I am free Creswell, Edmunds, Fessendon, Foster, Grimcs, llar- as a reflection upon the present President, and to-day to say that at that time, at the age of ris, Ilenderson, Howard, Howe, Kirkwood, Lane of I did not have such a thing in view. Kansas, Morgan, Morrill, Norton, Nye, Poland, Pom

twenty years perhaps, I did not know what the

Mr. FESSENDEN. That is precisely the quarrel was about. I did not stop to inquire croy, Ramsey, Sherman, Sprague, Stewart, Sumner, Trumbull, Van Winkle, Wado, Willey, Williams, effect of it.

what the quarrel was about. I had a notion Wilson, and Yates-33.

Mr. TRUMBULL. I think Mr. Lincoln did that our people were fighting with some other ABSENT-Messrs. Anthony, Brown, Lane of Indiana, McDougall, Nesmith, Riddle, Saulsbury, and

wrong in filling up these vacancies, because in people ; ibat this blood of ours was in contest Wright-8.

my judgment that was not the intention of the either with Indians or Mexicans or some other So the amendment to the amendment was

law. I will not say that he violated the law, race for domination in Texas; and I was with rejected.

for the law is not very clear upon the subject. our own people. My friend with whom I had Mr. TRUMBULL. I offer the following as

I once looked into it and had some doubts as this conversation said to me, “I was a soldier an amendment to the amendment, to come in

to whether the President was bound to appoint is in the Mexican war; I went into it at the age at the end of it:

on the recommendation of a Representative in of sixteen; and I am free to say that at that Nor shall any vacancy in tho Military Academy,

Congress. That has been the practice, and I time I did not know what the precise point of from any congressional district, be filled while said

think it should be made certain. I do not re- guarrel was between this country and Mexico; district remains unrepresented in the Congress of the gard it as such a small matter. If we under I did not stop to inquire; my country was at United States.

take to fill up the Military Academy on the war; and although sixteen years of age I vol. Mr. SHERMAN. I ask the Senator if that recommendation of the Representatives from unteered, and I was present at the battles of will not affect the appointments of soldiers that the congressional districts we should abide by it. | Monterey and Buena Vista." have been made from our Army to fill up these Mr. FESSENDEN. There either is authority Mr. President, think of it, and Senators think




of it! Would you exclude young men of that Mr. TRUMBULL. I ask for the yeas and they could have been appointed. I am not going age, because they engaged in a contest in which nays upon it.

to place them in any such category as that. all their neighbors and all their people were The yeas and days were ordered.

The question being taken by yeas and nays, more or less involved, from the advantages

Mr. POMEROY. This amendment prevents resulted-yeas 14, nays 23; as follows: which are extended to other young men of the the doing of a thing which I think would be YEAS - Mcssss, Chandler, Clark, Conness, Cres. country, and embitter and make more hostile very commendable if it could be done. There well, Edinunds, Ilarris, Iloward, Ilows, Kirkwood, to our institutions those young men? I think are in all the districts of the South some very

Nye. Sprague, Suinner. 'Trumbull, and Wade--14.

VAYS-Messrs. Bucknlew, Cowan, Davis, Dixoa, the true policy would be to endeavor, so far as loyal young men who have been in our Ariny. Doolittle, Fessenden, Foster, Grimes, Guthric. Hon. we can, to get the young men of the South, This amendment would prevent the President

derson, Ilendricks, Johnson, Lane of Kansas, Morthose who have been misled and carried away

gan, Norton, Pomeroy, Sherman. Stewart, Vaa Winfrom appointing those young men to the Mil. kle, Willey. Williams, Wilson, and Yates-23. into the rebellion, to come to the North, to | itary Academy. I do not know that they would ABSENT-Messrs. Anthony, Brown, Cragin, Lano come to our schools, and intermingle with our stand the ghost of a chance to get appointed; of Indiana. McDougall, Morrill. Nesmith. Poland,

Ramsey, Riddle, Saulsbury, and Wright-12. people, now that the great bone of contention but it would prevent their being appointed if

So the amendnert to the amendment was has been gnawed to pieces in the struggle, that they stood a chance. I would like to see some

rejected. we may all harinonize together and feel that of the young men in the South, who have suf

'The PRESIDENT pro tempore. The queswe have a common interest in defending a com. fered the loss of all things, who have been mon republic. truer to our cause than the needle to the pole, | from Massachusetts.

tion now is on the amendment of the Senator I am satisfied from all the lessons of history because they would not turn even in the pres

The amendment was agreed to. that this policy of proscription, this policy of ence of the metals, appointed to our Military

The amendments were ordered to be en. imposing punishments not fixed and regulated Academy; but this amendment prevents that. by law, not following upon conviction in a court Mr. TRUMBULL. If the Senator from

grossed and the bill to be read a third time. of justice, is not only bad policy, not only a Kansas will allow me, I will ask him whether

It was read the third time and passed. blunder, but a crime. I have no sympathy for he is for changing the law, and taking away the leaders of the rebellion; I have no sym- || from the member of the House the right to Mr. FESSENDEN. I move that the Sen. pathy for the bad men who fomented it, and recommend the appointment from his district. ate proceed to the consideration of the fortiwho taught the various sections to hate each The object of this amendment is to execute fication bill. I merely desire to take it up 80 other; but for the people, for the youth of the the law as it has been understood, I believe, as to have it as the order of the day for topeople, I have no condemnation, particularly ever since this Academy was established. These after what has taken place, and after they have whole forty appointments, if there are so many Mr. VAN WINKLE. I desire to suggest suffered the calamities of war. That I take to

vacant, if you will not adopt some such meas- to the Senator that to-morrow has been ag. be the just penalty, and they stand acquitted ure as this, may, under the practice that is signed by a resolution of the Senate for the when it is paid.

prevailing, every one of them be made from consideration of the business of the Committee Now, as was said by the Senator from Maine, the District of Columbia. Is the Senator for on Pensions, after one o'clock. and better said than I can say it, the idea that leaving the law in that way? When we have Mr. FESSENDEN. I desire to finish this this remnant which belongs to the South by the established an institution and undertaken to bill this week, if it be possible, to get it out of Constitution and the laws, that the chances fill it up by students from each congressional | the way, It is an appropriation bill. which remain to her since she has submitted district in the United States, is he now for The PRESIDENT pro tempore. It is moved should be taken away is painful; a melancholy throwing it open, and telling the President to that the Senate proceed to the consideration example, I fear, of low far the passions of men appoint, if he pleases, from the District of of the bill (H. R. No. 255) making appropria. may lead them to disregard, not only their true Columbia fifty persons? He will not, by voting | tions for the construction, preservation, and interests, but those of the country:

this amendment down, give the appointments | repairs of certain fortifications and other works Mr. WILSON. The speech the Senator to these congressional districts. "The Presi- of defense for the year ending June 30, 1867. from Pennsylvania has just made, and the dent has a certain number, ten, at large, that Mr. HENDRICKS. I do not think the statement he has made to us in regard to his he can appoint annually. The object of this chairman of the Committee on Finance onght campaign in Texas, gives to me a key to his amendment is to prevent the appointment in to call up the bill that he now proposes to take line of policy here, and I think I now know vacancies from congressional districts until up, with a view of making it the order for to. him a great deal better than I did. I will say to there is a Representative to recommend some. morrow, or to have it before the Senate so as the Senator that it seems to me a very strange body from the district.

to exclude the special order, in the absence of thing that we are discussing in the Senate of Mr. GRIMES. How does this amendment my colleague, the chairman of the Committee the United States to-day whether we shall send change the law as it now stands?

on Pensions, because, as I understand, the busimen who have fought in the rebel armies to Mr. TRUMBULL. According to my under- ness of that committee has been made the order West Point to educate them at the public ex- standing of it, perhaps not at all; but there is for to-morrow at one o'clock. I think he ought pense' with the sons of men who have given a dispute about the law. It is contended by to postpone his motion until my colleague is in their lives in the defense of the country. What some that the Secretary of War or the Pres- the Senate. I believe he is not well to-day, will the young men of this country, whose ident has the right to appoint every single and is not here now. fathers and brothers and friends have fallen in person to West Point irrespective of the rec- Mr. KIRKWOOD. I think that matter can this war, think of the Congress of the United ommendations of the Representatives in the be arranged perhaps; but I do not know. States if we send men who have fought in the congressional districts. This fixes the law. Mr. HENDRICKS. I dare say, if my colrebel armies, and perhaps shot down their Mr. HENDRICKS. I wish to ask the Sen- | league were here, he would not interpose any fathers and brothers and friends, to West Point ator from Illinois if that is not in fact the law, | objection. to be educated with them? I am surprised and if it is not a matter of usage simply that Mr. FESSENDEN. Let us take it


and that any Senators here should advocate a pol. appointments are made upon the nominations if the Senator is here in the morning I will icy of that character. I am willing that the of members of the House?

leave it to the Senate to decide upon the two young men of the South should be educated, Mr. TRUMBULL. I think it is partly a bills. I only want this to take precedence of and educated in our colleges and schools, any. matter of usage; but there is some color of anything else, and it is absolutely necessary where and everywhere, at their own expense.

law for it. I think there is a statute that now, as the business is laid out, to get through I hope they will be educated, and taught bet. rather recognizes this as the law; if not, a with the appropriation bills. ter than they have been taught in the years of regulation.

Mr. HENDRICKS. I do not question that. the past ; but for the Government of the Uni- Mr. HENDRICKS. I have understood that

hat sit on Saturday, and I should like to have this

Mr. FESSENDEN. We shall probably not ted States to permit the men who have served it was a matter of usage simply. I never inin the rebel armies to be educated at West vestigated the law myself.

bill taken up, and then we can arrange the Point at the public expense seems to me to

Mr. GRIMES. Mr. President, two years matter to-morrow. be to elevate treason and to put a mark of dis- ago General Sherman, when in command at Mr. HENDRICKS. Do you expect a ses. bonor upon fidelity to the country. It is a fact Vicksburg, directed an inquiry to be made sion on Saturday? everywhere manifest about us that every effort among the various regiments that composed Mr. FESSENDEN. Probably not. is being made that can be made to make his army for the young men who had most dis- Mr. SHERMAN. The bill to fund the pub. rebellion and treason respectable.

tinguished themselves and were best qualified | lic debt ought to be taken up at some time; As to the amendment just moved by the to make soldiers, and he instituted an exam- and I desire now to have some understanding Senator from Illinois, I agree with the Senator ining board who investigated as to their merits, | about it. The appropriation bills are matters from Maine that we had better keep it off this and among the young men thus selected were of course, and will pass of course--the forti. bill. I am willing to do anything that is lib- four very good young men from my own State. fication bill with the rest. There is no ques. eral and fair toward the people of the rebel They were selected and are now at West Point. tion about that. The funding bill is from the States; bat, sir, to take the men from their Now, as I understand it, the proper, legiti- same committee. The very weight of the aparmies and put them with the young men of mate, and logical sequence of the adoption of propriation bills will carry them through. Now, this country to be educated at West Point, or this proposition is that they will be turned out. I submit it to the Senate, as I cannot agree with at the Naval School, seems to me little less Mr. TRUMBULL. Not at all.

the Senator from Maine on the subject, whether than elevating treason at the expense of loy. Mr. GRIMES. I know this proposition does we ought not to take up the bill with regard to alty to the country.

not do that; but the logical sequence would be funding the public debt, so as to enable the Í'he PRESIDENT pro tempore. The ques- that they ought to be turned out, and that we Secretary of the Treasury to determine upon tion is on the proposed amendment to the should adopt an amendment to-morrow to turn the loan which he intends to put upon the maramendment

them out, because there was no law by which ket. I say to the Senate it is a matter of vital taken up.

importance that that question should be settled Mr. FESSENDEN. Exactly; and the edly I did say that, and undoubtedly that was one way or the other as speedily as possible. longer the time was deferred, the more neces- the proper course. If the Senate shall vote down the proposition, sary it was to get at them some day or other. But here is the trouble: the Senator and I the Secretary will pursue another course. The While I was detained from my seat in the Sen- differ in regard to an important bill. He has fortification bill is a matter of no moment. I say ate by illness the Senator from Ohio took up undertaken to say what has occurred in comthat, knowing the condition of public business. one or two of those bills in order to pass mittee. I think that that was improper; cerThere is ample time to consider it. It is a bill them; he deemed it so important. I gave no- tainly it was in violation of the rule. I take that will pass at any time, on own merits tice early in the week that I should take up it that every person who votes in committee and weight. Now, I submit whether as Mon- the bills, if I could, this week, because next votes his sentiments; and therefore, as I was day is set aside for the report of the reconstruc- week is set aside for the consideration of other authorized to report this bill, it was reported tion committee, which will probably take a long business.

by the majority of the committee. I do not time, whether we ought not to take up the Now the Senator regards his funding bill controvert with the Senator about what occurted funding bill, which I regard as the most impor- as of importance. I do not. The remark that there. The meinbers are here present; and tant now pending, and on which there ought I made the other day was simply this: that he they know very well whether or not they gave to be some action. I shall, therefore, contrary reported it with the consent of the Committee their assent to the bill. I only wish to say that to the general usage in these matters, yote on Finance, not that the majority agreed to it, that bill is considered, not only by myself, but against the motion of the Senator from Maine, as he knows very well

by others, as of the highest importance. The because I think the funding bill, from the same Mr. SHERMAN. I do not know any such Senator must have seen two or three letters committee, ought to have the preference at this thing.

from the Secretary of the Treasury on the sub time.

Mr. FESSENDEN. If the Senator had ject, asking us to pass that bill. I state to the Mr. FESSENDEN. I do not know of any. listened to the remarks that were made and the Senate, now, the fact that the question as to the body but the Senator from Ohio who regards reasons that were given by members of the loan that will be put upon the market is waitthis funding bill as of any consequence to be committee why they allowed it to be reported, | ing for our action upon that bill. That is a fact he would have known it.

that my honorable friend must know as well as Mr. SHERMAN. I am not to be put off Mr. SHERMAN. The Senator is out of myself. by remarks of that kind. The Senator may order in making such an allusion.

Under these circumstances, to bring up the have his opinion. I have mine. I have just The PRESIDENT pro tempore. Senators || fortification appropriation bills just at this time, as good a right to my opinions as he has to his. will address the Chair, and not interrupt each when the Senator has blocked out the business He knows that the fortification appropriation other while debate is proceeding.

for next week and the week after, crowding out bill is not of any importance, and it is brought Mr. FESSENDEN. When the Senator re- this important bill which he does not happen up for the purpose of preventing the vote on ported the bill I made the remark that I was to agree with, against the report of the comthe funding bill.

opposed to it because I had given notice in the mittee, of which he is chairman, and therefore Mr. FESSENDEN. That is not so.

comunittee that I should oppose it, and I the most influential member, and crowding in The PRESIDENT pro tempore. Senators deemed it quite as much my duty to say that these little bills that have laid on our table for must observe order, and not interrupt each in order that it should not go to the country weeks, did seem to me to justify the remark I other in debate.

that that bill met with the entire concurrence made. that it was done for the purpose of Mr. SHERJAN. The Senator has already of the Committee on Finance, and I made the crowding off that funding bill. displayed too much feeling. The other day, remark because I knew the use that would be Mr. FESSENDEN. The Senator must rec. when I reported the bill, he said he would made of the report if that statement had not ollect that I gave notice on Monday of this prevent it from coming up at all times. We accompanied it.

week that I should take up these bills in order are accustomed somewhat to his impatient Now, sir, the Senator regards that bill as of to pass them, and his bill was not decided on remarks; but at the same time I have my great importance. I made the remark that I in committee until Tuesday. duty to perform, and I say here now, repre- did not know anybody else that did regard it Mr. SHERMAN. I will state fu: ther that senting a majority of the Finance Committee, of so much importance to be taken up immedi- the Sepator spoke about two' bills, the dipin. that I have the right to have this question heard, ately. Perhaps he can make out that it is, and matic and consular bill and the West Point at least, unless he should outvote me.

perhaps there are others who think so; but bill. The fortification bill is a matter of no questions of this kind I do not like to have any still my remark is a correct one, that I do not moment, and will take no time. Under these personal feeling. I desire that the funding know anybody else who regards its being taken circumstances, I have a right to say, from the bill should be brought to the consideration of up immediately as of much consequence.

evidence before us, that the Senator desires, the Senate. It is a matter of vital importance, I do not doubt that the appropriation bill as a part of his parliamentary opposition to and therefore I intend, representing the major- which I have mentioned will pass at some time this-bill, to interpose other bills to prevent it ity of the committee, to antagonize that bill or other before we adjourn ; but it is neces- coming up, because when else can we take it against the bill now proposed to be taken up. sary to have these things in progress. We

up if we do not take it up now? Under the This fortification bill is a matter of no moment have the Army bill behind. That has not circumstances, I say, I am justified in saying it. whatever. The Senator knows as well as I do passed. We have the principal appropriation All I desire is to submit this proposition, which that it will pass. It cannot operate until the bill behind, the executive and legislative bill, I can demonstrate to be not only extremely 1st of July next, and can have no effect and which has not yet been taken up; and we have important but a measure which in my judgno influence whatever until then, while this the question of reconstruction to dispose of, ment will save the Government in a short time funding bill, if it is to pass at all, ought to be which will take some considerable time. $20,000,000 a year, to the deliberate judgment passed promptly. That is the condition of My view of the matter, therefore, as having of the Senate. If the Senate shall vote the bill the public business, and I therefore shall vote charge, in some degree, of the business of the down. I shall have no regrets. It is only a against the motion. If there is a special order Senate in connection with these measures that question of public economy. It is not a questo-morrow that overrides both, we have got to must be passed at some time, was that, at this tion that affects me in the slightest degree either submit.

late period of the session, some of those bills way. That is the feeling I had, and I felt in Mr. TRUMBULL. It is manifest that we should be swept out of the way. I have been interposing now that I was performing an unare accomplishing no business to-night, and I continually met with this funding bill.

pleasant duty. I desire to bring that bill (even move that the Senate adjourn.

Well, sir, I do not think myself, and the against the opposition of the Senator from Mr. FESSENDEN. I should like to have Senator will pardon me for expressing it again, Maine) to the consideration of the Senate, and the Senator withdraw that motion for a mo- that it is of so much consequence, because I after it is heard and debated-it will be debated ment until I make an explanation. I must am opposed to it. I take it that I had a right by me very briefly-I am willing to take the reply to the Senator from Ohio, and then he to say I was opposed to it, and to say that I judgment of the Senate upon it. may renew it if he pleases.

was not in favor of it, because I was opposed Mr. TRUMBULL. I renew the motion to Mr. TRUMBULL. I will withdraw it at a to it in every shape. The remark, I take it, adjonrn. personal request, if the Senator wishes to say was pardonable. And now I really do not The motion was agreed to; and the Senate anything; but I think we had better adjourn. think that the Senator had the right, after I adjourned.

The PRESIDENT pro tempore. The mo- gave notice so long ago as Monday that I wanted tion to adjourn is withdrawn.

to take up these bills, and after he has been HOUSE OF REPRESENTATIVES. Mr. FESSENDEN. Mr. President, I gave urging me continually to take them up and get notice early this week that I should call up the

THURSDAY, May 17, 1866. them out of the way, to interpose the bill to appropriation bills during this week-three of which he seems so much attached. That is

The House met at twelve o'clock m. Prayer them-in order to dispose of them; that we were my notion with regard to it. I may be wrong,

by the Chaplain, Rev. C. B. Boystox. getting to a period of the session when they but still I entertain that opinion.

The Journal of yesterday was read and ought to be taken up and disposed of, those Mr. COWAN. Now, let us adjourn.

approved. of them that we intended to dispose of at this Mr. SHERMAN. Just cne word. I un

HENRY PACKARD. period; and I did it quite as much for this doubtedly did say to the Senator, expressing Mr. BANKS, by unanimous consent, introreason as for any other, that the Senator from my opinion, that he should have taken up the duced a joint resolution authorizing the settle Ohio had been at me continually to take up appropriation bills some time ago when all ment of the accounts of Henry Packard, the appropriation bills and get them out of the these formal bills, about which there is little deceased, late assistant paymaster of the Uniway.

debate, could have been acted upon and got ted States Navy; which was read a first and Mr. SHERMAN. That was long enough out of the way, leaving the important bills until second time, and referred to the Committee on ngo, when you could have done it then. the close of the session, as is usual. Undoubt. Naval Affairs,


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