Obrazy na stronie

ago, that

commerce which is internal and in the States American people united. United America piring in this very Congress in this direction and not among the States.

achieved the Revolution, and it was not a revo- as illustrating the dangerous tendency of the My honorable friend from Wisconsin, not lution of thirteen independent and sovereign exercise of this power and the extent to which now in his seat, [Mr. Howe,] characterized nations. Therefore no such thing as absolute it is proposed to carry it. I have before me a this as a very little proposition -I think sovereignty ever did inhere in the thirteen bill originating in the House of Representathat was his phrase-so small and so harmless States, except in the thirteen States as repre- tives, and which, if passed there, will be sent that it created surprise in his mind that it had sented by the American people united.

here for the concurrence of the Senate. It is ever arrested the attention of anybody. He I therefore, sir, go entirely wide off from the a bill with this significant title: “A bil! to auwas surprised that it should have been opposed | doctrine of State sovereignty and State rights; || thorize the construction of national railroads by any one. I believe he said it was as harm- but while I do that, I stand upon the doctrines and establish the same as military and comless as a walking-stick in the hands of its owner of the Constitution as represented in the re- mercial roads." That is the sounding title of or at his feet; that it contained no powers the served rights of the American people. I main- the bill--a bill to establish national railroads! exercise of which anybody should apprehend. tain that the Government of the United States || Upon an examination of this bill you will find But, sir, what was his argument? How did he under the Constitution of the United States is its scope and comprehension to be this: it illustrate the simple and harmless character of a limited and not an absolute Government; authorizes, in the first section, any five or more this little proposition ?' Before he took his that while the American people delegated cer- persons, being citizens of the United States, to seat he contended that the Government of the tain functions to the Government of the Uni- associate themselves together as a body politic United States had the authority, under and by || ted States which were to be exercised by it, and and corporate with full power to designate by virtue of its power to regulate commerce, to the power to regulate commerce with foreign a certificate a route for a railway across this build roads or canals in any of the States, and nations and among the States among those continent. There is no limitation in the bill. to go the full length of fixing the rates of fare || functions, it expressly reserved to itself all the Any five persons who choose to associate and freights upon the railways which have been powers not therein expressly delegated; and, themselves under the power of this bill, having created entirely within the States. That was his | sir, the interests which I advocate to-day are filed a certificate in the Bureau of National proposition-- a very little proposition,” says the interests which were expressly reserved. Railroads, which is authorized by the bill, may the honorable Senator from Wisconsin; such While the people did grant, I concede, to Con- build a railway in any direction within the limits a one as should not create apprehension any- gress the right to regulate commerce among and jurisdiction of the United States, through where; which is explained to be a power suffi- the several States and with foreign nations, it any State or any Territory, and may exercise ciently comprehensive and broad by the Gov- reserved to itself the right to regulate domestic the right of eminent domain as a corporation, ernment of the United States to build railroads | commerce, commerce which was exclusively go in any direction they please, and bring to and canals anywhere and everywhere through internal and in the States. That question their backs the entire anthority and power of the States without their consent and against || which springs necessarily from the right of the Government of the United States to take their authority; and superadded to all that the eminent domain belongs exclusively to the and condemn property, no matter what, real power to appropriate all the railroads and ca- States and never was in the General Govern- estate, highways of the several States, railnals which have been built by the enterprise | ment. Nobody has contended, and I presume ways of the several States, navigable streams and industry of the American people in the nobody will contend, that the right of eminent of the several States, or whatever they choose States, by fixing the rates of tolls and fares on domain exists anywhere except in the States. to appropriate. I do not misstate the force of these internal avenues! It is needless to tell | Nobody ever did contend, and I am sure no- this bill or what is contemplated under it. It me that a power which goes thus far and which || body ever will, that the right to land, the title is a bill to organize a bureau in a Department authorizes the fixing of the tolls and the freights to real estate ever vested in the Government of of this Government, with the power in a genis not a power to regulate and control and the United States. The people of the several eral way to associate any number of individdirect all these avenues. It was well said, long || States do not draw their titles to their property uals, not less than five, with the power to con

from the Government of the United States, struct national railways in any direction and "You take my life

nor hold of it nor under it; but those rights in all directions. I ask the honorable Senator When you do take the means whereby I live."

are now all in the States, and necessarily the from Michigan whether he is prepared to go And the power of the General Government right of eminent domain is in the States; and quite that length; for, sir, this bill is following which asserts the right to fix the tolls, the from the earliest period of this Government exactly in the track of the bill which is before rates of fare and freights on these roads, takes down to the present time never has the Gen- the Senate; it is the legitimate fruit of the the vital forces from these roads.

eral Government undertaken to enter upon the doctrine of that bill, no more, no less. The This measure naturally raises the question soil of any State to exercise the right of emi. third section of this bill is that “ there shall of power between the Government of the Uni- neut domain in its own right or to take posses- be assigned to the Comptroller of National ted States and of the several States; and of sion of the soil of the several States except by || Railroads –

-we are to enter upon a grand syscourse, in the consideration of such a subject, the consent of the States. I commend the tem of national railways; these railways are to it becomes necessary to draw the line some- honorable Senator from Michigan, when he be constructed through the several States in what between the authority of the Government

again takes up the line of his argument, to his any direction or in all directions, limited only of the United States on the question of regu- reading on this subject, and he will find through | by the desire and the ambition and the ability lating the commerce of the United States with

the whole history of the legislation of this coun- of the parties who are thus organized by this foreign nations and among the States and that | try and throughout the judicial decisions no bill. power which is peculiar to the people of the single instance where the Government of the Mr. President, was it ever supposed until several States. I know it has been attempted | United States has ever undertaken to exercise now, was it ever dreamed by anybody in Con-in this argument, now and heretofore, to pre: the right of eminent domain in any one State ; | gress or out of Congress until now, that there judice this side of the case by the argument and simply for the reason that the right belongs was power in the Government of the United that we were raising here the old doctrine of to the States and not to the General Govern- States to authorize a body of men to build railState rights and State sovereignty; that those ment. Of course, sir, I am not now discussing ways without regard to the laws of the several who seek to oppose this bill seek to oppose it | the extraordinary powers which are exercised States or the improvements of the several upon the ground of State rights and State sov- in time of war; I am discussing the power of States, in any direction and in all directions, ereignty, and State rights and State sovereignty | commerce, commercial questions.

throughout the length and breadth of the Rein an offensive sense.

In this way I undertake to go entirely aside | public? Why, sir, it may sound well to talk Now, Mr. President, for myself I disclaim from the questions of State rights and State of a national railway system! The term has a all such purpose, and I disclaim any desire or sovereignty which are raised here; and the large sound, I admit; and if we were in impurpose to put it upon any such ground. Sir, I only distinction I seek to raise is the distinc- perial France or in the Russias, I could underI am not a believer in the doctrine of State | tion between commerce foreign and among the stand how such a bill as that could be introsovereignty and never was; that is, in the sense States and that which is in the States and pe- duced. If these States were mere departments in which it has been contended for. I believe culiarly of the States and springs up from the l of an imperial and absolute Government, I could that State sovereignty is a myth, a political || exercise of those reserved rights which belong | understand how you could have a national myth, in the sense in which it has been or ever

to the people exclusively. Whenever this dis- railway system inaugurated here at the seat of could be contended for. The right of abso- tinction ceases to exist in the minds of the Government which might build its railways in lute sovereignty never did inhere in any of American Congress, then, sir, your Govern. all directions; but when I know that this Govthese States; it never was in the colonies. ment is transformed from a Government of ernment is a Government of limited powers, While the colonies were integral parts of Great delegated and limited powers to an absolute when I know that it has no power except what Britain they were, of course, subject to the and imperial Government.

it derives from the Constitution, and that Conjurisdiction of Great Britain, and it was idle Now, sir, to show that there is some danger | stitution is silent on this subject, and when I to talk about sovereignty in colonies. When on this subject, and that I do not misapprehend | know, moreover, that the powers that are not the colonies revolutionized, they did not revo- the tendency of the times and the tendency of delegated are reserved to the people, and that lutionize for themselves individually, but for the doctrine which is contended for in this bill, the people for half a century have been exerthe country at large. It was united America | having already adverted to the ground main- cising these very powers and have built up a that accomplished the Revolution. It was not tained by the honorable Senator from Wiscon- | grand system of railways threading this whole a revolution in favor of thirteen independent | sin [Mr. Howe) as to the power of the Gov- country, I hesitate to believe that the Governnations, but a revolution for the American ernment to build railroads and canals in the ment of the United States either has the power people; the American people in unity effected several States and to fix the tolls and rates of to exercise any such functions or that it is at the Revolution; and therefore the sovereignty | freights and fares upon existing roads, let me all expedient to exercise them if it had. inhered in the American people at large, the Il call the attention of

the Senate to what is trans- Mr. President, it is a great mistake to sup



pose that the strength of this nation lies in the ington and the Northwest, for national pur- mass of legislation not surrendered to the General Government of the United States. The Gov. poses. Not only is it contended that you

Government." ernment of the United States is not strong. may do it for commercial purposes, that you That is my point, and this authority is to this The strength of this nation is in the American may do it for military purposes, but now you effect: that although the power of the Genpeople; and the strength of the nation is in the may do it " for national purposes ;'' and what eral Government is supreme in the jurisdiction American people as they exercise it on the is national” we are not told by this bill. The which is conceded to it, yet, says the combasis of their reserved rights. There is no bill sets out with this interpretation of itself: mentator, laws "regulating the internal comstrength ide of that. T loverninent of

Whereas there is now a complete line of railroad merce of a State, and those with respect to the United States is absolute weakness stand- between the city of Washington and Cumberland, in turnpike roads, ferries, &c., were component ing by itself; when not backed by the people

Alleghany county, in the State of Maryland, which
is about being shortened nearly fifty miles by a line

parts of an immense mass of legislation not we have seen during this war that it was weak- from said city of Washington to the Point of Rocks, surrendered to the General Government." ness itself. From the very nature of the case on the Potomac river, in Frederick county, in said Mr. HOWARD. Will the honorable Sen. it must be so. It was designed to be so. The

State; and whereas a company has been incorporated
by the State of Maryland to construct a railroad from

ator from Maine allow me to say one word right Government of the United States was never Cumberland aforesaid to the Pennsylvania line, in here? designed to be strong, only for protection, only the direction of Pittsburg, designed to connect with Mr. MORRILL. Certainly. for general defense. But, sir, in all the rela

a railroad in Pennsylvania to the latter city; and
whereas the Pittsburg and Connelleville Railroad

Mr. HOWARD. I have listened to the Sentions which constitute the strength of the nation Company, incorporated by the State of Pennsylvania, ator's citation from Kent, but I see nothing in you must rely on the people. The strength of has completed a railroad from Pittsburg to Connells- that which conflicts in the slightest degree with this nation and the power of this nation is in ville, on a line to connect with the Maryland road

the view which I took of this case. aforesaid; and whereas but a comparatively short

But I ask the people; the strength and power of the distance between Cumberland and Pittsburg remains the honorable Senator whether he finds in people are in their reserved rights-rights in- to be completed to furnish with the railroad between

Chancellor Kent, or in any other book treatWashington and Cumberland a direct railroad comdependent of the Government to direct their munication, by a short and advantageous route, be

ing of the constitutional power of Congress primary relations.

tween Washington city and Pittsburg and the con- over commerce, any assertion or statement of As illustrating this same principle, to show nections with the Northwest from the latter city; and

a principle that trade, intercourse, or travel the tendency to do everything in a national

whereas tho Legislature of Pennsylvania has at

tempted to creato impediments in connecting tho mmencing in the city of New York, passing way-for nothing is supposed to be legitimate railroads so as aforesaid authorized to be built in through the State of New Jersey, and ending about these times except it has the indorsement Pennsylvania and Maryland, which prevent at this tiine the completion of a work of nationalimportance,

in the city of Philadelphia, in the State of of nationality,let me read the title of another and has thereby attempted to impair the value of a

Pennsylvania, is internal commerce. I fancy bill. They not only propose, you see, to frame franchise under which citizens of Maryland and Penn- the honorable Senator will hardly find any such a general bill by which you may form national sylvania have inade large investments; and whereas

doctrine in Kent, or elsewhere. railway corporations to make railroads through

it is proper for military and postal purposes, and
especially to facilitato and regulate commercial in-

Mr. MORRILL. I have been arguing since out the length and breadth of the land, but

tercourse among the States: Therefore be it enacted, I got up that that commerce which was among they propose to do it exactly as you would form that a railroad may be built to form these

the States was within the power of Congress; private corporations for manufacturing estab

connections through the intervention of these but I am combating the doctrine that by force lishments in the several States, exactly on that

State railroad corporations. I do not intro- of the power to regulate commerce among the plan;

but they propose something more. Here are two bills that have a practical bearing on duce these bills as arguments. They have not

States you can enter a State and take posses

sion of its roads. The proposition of this bill this question and a practical application of the passed, and probably never will pass, the Con

gress of the United States. I introduce them is to authorize a road constructed by New general principle contended for in this general

as illustrating the doctrine, the dangerous tend- Jersey, entirely within its limits and jurisdicbill and growing out of the bill we have under consideration to-day, and illustrating the power

ency of the doctrine of the bill which is now tion, to extend itself beyond the limits of its before the Senate.

charter, and outside of the limits and jurisdicwhich the friends of this bill claim to assert on the part of the General Government. Now,

But, sir, the point to which I threatened to tion of New Jersey. On that question I mainaddress myself it I sufficiently recovered to

tain the authorities are all the other way; and let me read the title of a bill introduced into

make myself explicit was to demonstrate the the authority which I am reading recognizes the House of Representatives on the 30th of distinction between commerce external and the doctrine of commerce among the States and April:

among the States and commerce internal and commerce in the States and purely of the States, A bill to authorize the Cleveland and Mahoning | peculiar to the State and within its jurisdiction.

over which Congress has no power whatever, Railroad Company, a corporation created and exist

If I maintain that distinction by the authorities, and the commentator specifies turnpike roads ing under the laws of the States of Ohio and Pennsylvania, to continue and construct the railroad of

I rule off this bill. Now, let us see what the and ferries as among the roads over which said company from the village of Youngstown, Ma- books say on that subject. The honorable Sen- Congress has no control. But further he says: honing county, in said State of Ohio, to and into the said State of Pennsylvania, and thence by the most

ator who champions this bill just at this time- "The court construed the word 'regulate' to imadvantageous and practicable route to the city of I do not know how many champions it has had;

ply full power over the thing to be regulated, and Pittsburg, in said State of Pennsylvania, and to I remember that on a former occasion it had

to exclude the actions of all others that would perestablish said road as a military, postal, and com

form the same operation on the same thing." mercial railroad of the United States.

one with whom I congratulate myself that I am
not to deal now seemed to forget altogether

Further, and bearing on the same point, I Now, what is the effect of that bill? Here that there was such a thing as internal com

read from the same authority : is a corporation chartered by the State of Ohio to build a road within the limits and jurisdic

merce, seemed to forget that we had a system "Inspection laws, quarantine laws, and healthlaws, of railroads in this country that was the prod

as well as laws for regulating the internal commerce tion of Ohio, of course, and this is a bill which

of a State, are component parts of the immense mass uct of the energy and the enterprise of the peo- of residuary State legislation, and over which Conauthorizes that corporation, the creature of the power of Ohio, to extend its road to Pennsyl- ernment did nothing for fifty years, while the

gress has no direct power, though it may be controlled ple as against the Government, for the Gov

when it directly interferes with their acknowledged vania, another State, and into Pennsylvania to || people, in their own power and might, exer

Thus I think, Mr. President, I am maintained or less, with all the powers and privileges and I cising the high functions reserved in the Con

stitution, were building up a system of rail. || by this authority in raising the distinction immunities that that corporation has within the ways incomparable in the history of the world,

which I have stated. I acknowledge the right limits of Ohio. Is it possible that the Gov: investing some three thousand millions of their of Congress to regulate commerce with foreign ernment of the United States has any such power? Is it possible that the Government of

own money, building some thirty thousand nations and commerce among the States; but the United States can authorize and empower miles of railway, offering intercommunication

when it comes to the jurisdiction of the States and facilities for travel and intercourse and and undertakes to make a railroad in a State, a railroad corporation, chartered to build a road exchange, bringing markets home to the door

or control those which have been constructed within a particular State, to run its road into another State, and there to exercise all the

of every farmer in the land. Oblivious to all within the limits and jurisdiction of the State, that, the Government all this time stood afar

and by its authority, its jurisdiction ceases. privileges, powers, and immunities that it may exercise in the State that gave it the charter off and did nothing. Now, Mr. President, I

Sir, this is not an open question. If there is maintain that the Government has no power

anything concluded, this question is concluded. of incorporation? That is this bill; that is the to lay its hands on that commerce, no power.

Not only has it been concluded by the general principle of the bill now before the Senate. to lay its hands on this system of railway inter

teachings of those who made the Constitution To show you how prolific this principle is, communication in the States. I read from

of the United States; not only has it been conI will read you the title of another bill spring ing from the same source; for I believe all Kent's Commentaries; speaking of the com

cluded by fifty years of legislation on this submercial power of the Government of the Uni. | ject, denying all the powers which are now have the same paternity, all come from the same quarter; and as they are laid here upon ted States, and stating the decision in Gibbons

claimed to be exercised, but it has been exour tables, for our instruction, I suppose, if us. Ogden, he says:

pressly adjudicated by the courts and specific“This power, like all the other powers of Congress,

ally determined by the courts, that the Connot for our edification, I may allude to them was plenary and absolute within its acknowledged

gress of the United States has no such power. by way of illustrating my argument. This is limits, but it was admitted that inspection laws rel- I referred the honorable Senator, the other day, "A bill to promote the construction of a line ative to the quality of articles to be exported, and to the case of the Blackbird creek. I suppose of railways between the city of Washington

quarantine laws, and health laws of every descrip-
tion, and laws''-

he has become very familiar with the report of and the Northwest''--for what? For commer

Now I ask the honorable Senator's atten

that case before this time. That is in the same cial purposes ? For military purposes? Why, tion to this

direction. I have now to add an authority sir, to show you the looseness with which we

which was not at hand on that occasion, which go, here is "A bill to promote the construction

* and laws for regulating the internal commerce of
a State, and those with respeet to turnpike roads,

is explicit and specific on this very question of of a line of railways between the city of Wash. ferries, &c., were component parts of an iminense the right to make railways in the several States.



I read from the case, Veazie et al. vs. Moor, in doctrine. I understood him to say on a former secute tho Union inon of Augusta county, I beg Icavo 14 Howard, page 573, which was a case arising occasion that he had not any doubt of the power

to make the following statement: on the internal waters of the State of Maine,

Some two weeks since, I received from Nicholas K. of the General Government to construct rail- Trout, Esq., of Staunton, a member of the State Senwhere precisely this question was raised. The roads through the several States, and also to ate, and whom I had never known but as an earnest river Penobscot is a navigable river up to a regulate the rates of fares and freights upon

Union man, a letter addressed to me as Senator-elect

of iny State, and requesting me to scc Judge Undercertain point, and there the navigation which those railways; but the court in this case ex

wood and procure, if I had the influence, the apwas open to the sea was obstructed by the fallsplicitly say that the power to regulate com- pointment of Mr. Harvey Risk as commissioner unof the river. Above that for many miles it was merce among the States does not admit of an der the civil rights law for the Valley region of the

State, he being represented to me as a gentleman of still navigable, an imperfect navigation. The interference with turnpikes, canals, or rail- character and capacity who had been a member of the Legislature of the State of Maine granted the roads in the several States.

freedmen's court, and who had in that capacity given exclusive right to navigate the river above those Mr. GRIMES. The Senator from Maine satisfaction to the community, white and black. falls to A, B, and C for a term of years. Those has been pressed into making an argument here. This part of the commission I duly executed.

In the succeeding portion of Mr. Trout's letter he who maintained the doctrine of the honorable when he was not expecting it, and as it is de stated that a petition purporting to have come from Senator from Michigan contended that the right | sirable that we should transact some executive

Staunton had been presented to the Senate and re

ferred to the Military Committee which (ho said) exof Congress to regulate navigation upon that business I move that the Senate proceed to

hibited the people

of Augusta county in a light they river was exclusive, that the State could not the consideration of executive business.

did not deserve, and that he desired information of interfere, and that its legislation therefore was The PRESIDENT pro tempore. Does the

the termsofthe petition and of the signatures thereto,

more especially as he had not been able, after inquiry, unconstitutional. The court of my State de- Senator from Maine give way to the motion of to find a single person in Staunton who had signed cided that, although that river was navigable | the Senator from Iowa?

the petition. above the falls, the navigation to the sea having Mr. MORRILL. Yes, sir.

Regarding myself practically as a representative

of the people of my State, and every day while in tho been interrupted by the falls, it became internal navigation, and the commerce upou it inter- come to a vote on this bill. I have been trying partments, though denied thus far the honor of an nal. Those who entertained different opin- now for two entire sessions to get a vote upon

actual seat in the Senate, I went to yourselfas chair

man of the Military Committee, briefly stated the ions, opinions in harmony with those of the the question. We are ready to take a vote, and case, and asked to be allowed a copy of the petition, honorabile Senator apparently, brought the case I hope the Senate will grant me a short time to to which you readily assented, and sent a messenger here. The Supreme Court of the United States come to a vote. All I ask is a vote. The Sen- with mo to your committee-room for the copy,

I copied the petition myself, not wishing to troublo sustained the opinion of the court of my State, ator from Maine pledged me that he would not the clerk, and inclosed a copy by the first mail to saying that that navigation was internal and speak against time, and that he would uot speak | Mr. Trout; within the exclusive jurisdiction of the State; over thirty minutes; and as the time that the

This is the whole of my connection with this affair.

I did nothing more than discharge a representative that the Government of the United States had Senator from Maine took for himself is nearly || duty, furnish a copy of a public document, for what no control and no authority over it by virtue | up, I will ask the Senate not to go into execu- object to be used could be known only to those seekof that provision of the Constitution. In set- tive session, but to give me a vote on this bill | ing it, and not knowing myself personally nor having tling that case, in limitation of the authority || that I have been trying now for more than two

ever seen a single signer of the petition.

The idea that I could enter into any scheme to perof the General Government over this question, || years to get a vote upon.

secute Union men anywhere is simply preposterous they touch upon this precise point of interfering The PRESIDENT pro tempore. The ques

and ridiculous, for I do not suppose there is a single

man in all the South who has come in for so large a with the railways of the several States. They tion is on the motion of the Senator from lowa. share of rebel persecution and obloquy as myself. say: The motion was agreed to; there being, on a Very respectfully and truly yours,

JOSEPH SEGAR. "Commerce with foreign nations must signify com- division-ayes 17, noes 12. merco which in some sense is necessarily connected

Hon. Henry Wilson, Senate United States. with these nations, transactions wbich either imme


Mr. CONNESS. In connection with this diately or at some stage of their progress must be extra-territorial. The phrase can never be applied

Mr. VAN WINKLE. Before the executive | subject I desire to say that I had a Richmond to transactions wholly internal between citizens of session I hope I shall be indulged in submitthe same community or to a polity and laws whose

paper on my desk a few days past, which I ting the usual motion for the appointment of a have sought to obtain again, but do not find, ends and purposes and operations are restricted to the territory and soil and jurisdiction of such com

committee of conference on the amendments which contained an article directly connected munity. Nor oan it be properly concluded, that of the Senate to the bill (H. R. No. 303) supple- || with this subject. It consisted of a brutal because the products of domestic enterprise in agriculture or manufactures, orinthoarts, may ultimately

mentary to the several acts relating to pensions | attack upon the Union men of Virginia, the become the subjects of foreign commerce, that tho

disagreed to by the House of Representatives. Union men who were Virginians residing now control of the means or the encouragements by which The PRESIDENT pro tempore. The Chair within Virginia; and the article appeared to enterprise is fostered and protected, is legitimately within the import of the phrase foreign commerce,

can only entertain the motion by unanimous | have been instigated by this petition sent or fairly implied in any investiture of the power to

consent. The Chair hears no objection. from Staunton to Congress asking for protecregulate such commerce. A pretension as far-reach- Mr. VAN WINKLE. I now move that the tion. I think the article had an indicative ing as this would extend to contracts between citizen and citizen of the same State, would control the pur

Senate insist upon its amendments to the bill || heading such as "cowards and recreants,' or suits of the planter, the grazier, the manufacturer,

disagreed to by the House of Representatives, something to that effect. It denounced those the mechanic, the immense operations of the collier- and agree to the conference asked by the House men as cowards and recreants, and warned jes and mines and furnaces of the country; for there is not one of these avocations, the results of which

on the disagreeing votes of the two Houses them to leave the State; plainly told them they may not become the subjects of foreign commerce,

thereon, and that the conferees on the part of would not be permitted to stay there, and that and be borne either by turnpikes, canals, or rail- the Senate be appointed by the President pro | they had better get ready to go as soon as the roads, from point to point within the several States toward an ultimate destination like the one above tempore.

blue coats should leave, meaning the soldiers mentioned. Such a pretension would effectually pre- The motion was agreed to; and the President of the United States who were then left in the vent or paralyze every effort at internal improve- pro tempore appointed Mr. LANE of Indiana, State of Virginia. There is no doubt in the incnt by the several States; for it cannot be supposed

Mr. VAN WINKLE, and Mr. Davis the committhat the States would exhaust their capital and their

world that there is a settled purpose there to credit in the construction of turnpikes, canals, and tee on the part of the Senate.

drive from the State of Virginia the loyal Vir. railroads, the remuneration derivable from which, and all control over which, might be immediately


ginians who are now living there. I have now wrested from them because such public works would

in my possession a copy of the Richmond Exho facilities for a commerce which, while availing The bill (H. R. No. 602) to equalize the || aminer, I think, in which the grand jurors who itself of those facilities, was unquestionably internal, bounties of soldiers, sailors, and marines who | recently sat at Norfolk and indicted Mr. Davis although intermediately or ultimately it might be- served in the late war for the Union was read come foreign."

for the crime of treason are taken up, one by twice by its title, and referred to the Commit- one, and discussed and denounced, threatened, Here, Mr. President, you find that in settee on Military Affairs and the Militia.

attacked in the most bitter manner, their lives iling this question the Supreme Court, by way The joint resolution (H. R. No. 143) making misrepresented, their characters misrepreof illustrating the importance of the principle, and by way of combating the very, doctrine | bridge was read twice by its title, and referred an appropriation for the repair of the Potomac sented, and Virginians warned not to associate

with them nor to have contact with them and contended for in that case, say explicitly that

to the Committee on the District of Columbia. not to deal with those of them who are in busiit wonld be ruinous and an unauthorized ap


In that connection the gentleman now plication of the principle to say that because the products carried over the roads might ulti- Mr. WILSON. . It will be remembered that holding the office of collector of the port of mately reach an adjoining State or a portion

Richmond was denounced because two persons a few days since the Senator from Illinois of the country, therefore the Government of

in his employ were summoned as witnesses or [Mr. TRUMBULL] called the attention of the the United States might interpose for the

jurors—I forget now which.-which witnesses Senate to the case of some petitions from Virconstruction or regulation of railways within ginia, and in the debate on that subject the

or jurors were soldiers in the Union Army, and the several States. The court continue, and I

one at least of whom was imprisoned in the . name of Mr. Segar was used. I have since beg the honorable Senator's attention to this received a letter from him which he requests || denounced in this paper because he dares to

rebel prisons eight months. The collector is language:

may be read to the Senate. The rule here given with respect to theregulation

The PRESIDENT pro tempore.

keep in his employment two loyal soldiers who of foreign commerce equally excludes from the regu

have given themselves to the Union cause. lation of commerce between the States and the In

only be received and read by unanimous.con. I feel that as attention has now again been dian tribes the control over turnpikes, canals, or rail

sent. No objection being made, the reading directed to this case, the matter should not roads, or the clearing and deepening of water-courses will be proceeded with. oxclusively within the States, or the managment of

pass without adding this statement, calling the

The Secretary read the letter, as follows : the transportation upon and by means of such im

attention of the Senate and the country again provements."

EBRITT IIOUSE, May 27, 1866. to the deliberate purpose of the rebels, led on I ask the honorable Senator from Wisconsin

MY DEAR SIR: In reply to certain allcgations of : Staunton (Virginia) correspondent of Senator

and egged on by the rebel press of Virginia, whether he recognizes the soundness of that TRUBULL, connecting me with some attempt to per

to drive from their midst every loyal man in


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the State. I hope it will be found consistent were signed to this petition, some of them stat- have had cause to condemn in the bitterest with public duty, and with a proper exercise of ing that they did not understand it when they terms, petitions sent from my own neighborpower on the part of the executive depart. | signed it, did not know the character of it. I hood and from my own State to get the inilitary ment of this Government, to see that these was informed that an attempt had been made quartered upon us-petitions sent for soldiers men shall not be abandoned, but that treason to intimidate the parties who had signed the to keep us from the polls. So, when the Senshall be suppressed in its fiendish utterances paper and get them to disavow it, that there had ator asks me if I would condemn a man for against these loyal men.

been such a public pressure brought to bear signing a petition which was respectful in its Mr. SAULSBURY. I wish to make a state upon them that they were making various terms, I say yes. It is according to the subjectment in regard to the matter before the Senate. excuses to avoid the persecutions that it was matter; I would condemn no man for asking I received a letter from a gentleman of high || likely to visit upon them, and that in some in respectful terms for a remedy for any existing standing in Staunton, a few days after the peti- instances, as the Senator from Delaware has wrong; but when his object is oppression, tion was presented to this body asking for intimated now, it was charged that the names himself, then I would condemn him. troops to be sent for the protection of loyal were forged. The parties wrote me for the Mr. TRUMBULL. Would you not allow men, stating to me that the signatures were, in original petition to show that the men's names him to judge whether it was wrong or not? the judgment of the people there, forgeries. I were there. They were not willing to rest Mr. SAULSBURY. I have a right to judge, answered his letter only the other day. I called under such imputation as that of having sent too. upon the chairman of the Committee on Mili- a petition here with names that were never The PRESIDENT pro tempore. The Chair tary Affairs some time ago to know if I could signed by the parties. The original petition must execute the order of the

Senate, and have get a copy of the petition. Ile said I could, has been sent out there to confront those who the doors closed. and I received one in the Senate but three or make such a statement.

Mr. HENDRICKS. Before that is done I four days ago.

Now, sir, I have no doubt in the world of wish to make an appeal to the Senator from I am further informed by the gentleman that the authenticity of the petition from all that I Rhode Island to withdraw his motion for a when the person who professed to act as a have heard in regard to it. As I stated, I have moment. His motion, I believe, is to adnotary public had that paper before him there had more than one letter from the gentleman journ. was nothing in the form of a petition over the who inclosed it to me, who is represented to The PRESIDENT pro tempore. That mo

There was a paper containing names, me-I do not know him personally-to be a tion has been withdrawn. The Senate made and the petition was subsequently drawn over citizen resident there in Augusta county, and an order some time ago that it proceed to the the names. I am satisfied myself, from the there were affidavits accompanying the peti- consideration of executive business, but by representations of the gentleman in Staunton tion stating that the parties whose names were common consent this discussion went on until who wrote to me upon the subject, that the signed were residents there. I know none of interrupted by another motion to go into execsignatures to this paper are forgeries to a great them; but I state these facts, and I think it utive session. On that motion being called to extent, and I am told by a gentleman who has very unjust to the petitioners to have the the attention of the Chair it becomes the duty inspected the original petition that in his judg- || imputation cast upon them here that the names of the Chair to execute the order already made ment the names were signed by the same pen signed were forgeries. It looks to me very and have the doors closed. and the same ink, all except three, and by the much more like an attempt on the part of that Mr. HENDRICKS Before the Chair exesame individual. wicked spirit which prevails, I am sorry to

cutes that order I ask the unanimous consent Mr. ANTHONY. I move the Senate ad- say, in some portions of the South to perse- of the Senate to make one inquiry. I wish to journ.

cute any man who is loyal and true to the inquire whether a Senator can in any case be Mr. POLAND. I desire to move a recon- Union and has been so during the rebellion. called upon to explain why he has obtained a sideration of a nomination in executive session. Mr. SAULSBURY. One word, Mr. Pres- copy of a document on the files of the Sen

Mr. CLARK. I move that we proceed to ident. All I have to say in reply to the Sen- ate, which is a public document, not belonging the consideration of executive business. ator from Illinois is that he acts upon his own to the executive files of the body. I do not

Mr. ANTHONY. I withdraw my motion. information ; he forms his own judgment from understand this. I have always thought that

Mr. POLAND. I believe we are in execu- the information he has received from Staunton. when a constituent of mine wrote to me for tive session.

I form mine upon the information that I have anything that appertained to the public busiMr. CONNESS. No; the Senate voted to received, and I know that my information ness of the Senate I had a right, without any go into executive session, but the doors, as I comes from sources that at least entitle it to question about it, to send him information in understand, have been considered open for my respect and confidence. I was assured, in regard to it. If I am wrong about that I want certain business.

a letter, that diligent inquiry had been made to know it. I do not want to get into any The PRESIDENT pro tempore. The Sena- to ascertain who it was, if there was any one scrapes. I supposed that all the documents tor from Massachusetts commenced reading a there that had signed such a petition, and no of the Senate in public session were public letter and the Chair asked if there was any one could be found.

documents of the country, and that we could objection to its being read. None was made, Mr. TRUMBULL. Will the Senator allow send them if printed, or furnish copies of them and the letter was read. The Senator from me to inquire why was such an inquiry insti- if not printed, or information of their contents, California then went on to make remarks, and tuted? What was the object of it?

without being questioned about it. The reason then the Senator from Delaware. The doors Mr. SAULSBURY. I will tell the Senator I make the inquiry is that I am surprised that were open during this time certainly.

why it was. It was because it was believed that it is thought necessary in the Senate to make Mr. CONNESS. I move now that they be there was an attempt made to misrepresent the any explanation for having furnished to anyconsidered closed, and that we go on with men of Staunton and of that county, and for body a copy of any document that is public in executive business.

some purpose of private malice against some its character and belongs to the files of the Mr. TRUMBULL. Before that motion is || particular individuals to have soldiers sent Senate. If I am wrong about it, I should like put, I should like to say a word in reply to a there to be quartered upon and to oppress the to know. statement made by the Senator from Dela- people. That was the object, as I understand Mr. CLARK. I think the Senator from ware, which I think is unjust to the parties from the letter. Now, sir, if there is any dis- Indiana is under a misapprehension. The other who sent this petition here. The petition || position to persecute any man on account of day the Senator from Illinois asked leave to referred to was presented by me. I have had his loyalty or otherwise, in Staunton or in Au- withdraw from the files of the Senate an oritwo or three letters from the gentleman who gusta county, I am no party to that; but I as ginal petition for the purpose of returning it to inclosed me the petition, and I have seen one firmly believe that the statement made to me the friends of the petitioners in Staunton, Virperson who knew him and spoke of him as a is true, from the gentleman from whom I re- ginia, on the allegation that it was asserted respectable gentleman. I have no doubt what- ceived it, as the honorable Senator from Illi- there that some of the names to the petition ever of the authenticity of the petition. Imme- nois believes that his information is correct. had been forged, and there was an attempt to diately after the Senator from Delaware applied Mr. TRUMBULL. I should like to ask the get the names for the purpose of prosecuting to me for a copy of the petition, I was apprized Senator from Delaware one question: if he him- or persecuting some of the parties there. by a letter from Staunton that parties had made self would countenance the visiting of popular Mr. HENDRICKS. I thought the proposithreats against those who signed this petition. censure upon any man for sending a petition tion of the Senator from Illinois in that respect There is nothing in the petition improper for in respectful terms to the Congress of the Uni- was entirely proper. any person to have asked of Congress. The ted States, whether he agreed with his views Mr. CLARK. " But with that application the parties simply claimed protection as loyal men. or not?

name of Mr. Segar, of Virginia, became conThat was all there was in their petition, with Mr. ANTHONY. I move that the Senate nected in some way. Now, Mr. Segar comes the addition of a statement that they could not proceed to the consideration of executive busi- in with a paper to explain his connection with obtain their rights through the local tribunals,

the matter. That is all there is to it. There which I am satisfied from many letters I have The PRESIDENT pro tempore. This dis- is no question arising as to the conduct of any received is true, not only in Augusta county, cussion is proceeding only by the unanimous Senator. Virginia, but elsewhere. I have no doubt that consent of the Senate. It is not necessary that Mr. HENDRICKS. That is all I wanted to the motive which inspired this attempt to get a motion be made to go into executive session; | know. Now, I wish to suggest on this question the names of the parties signed to this petition but it is the duty of the Chair to execute that of adjournment, before the motion is putwas for the purpose of persecuting them there. order of the Senate whenever requested to do The PRESIDENT pro tempore. The motion I have seen, since this petition came here, a so by any Senator.

is not to adjourn. That has been withdrawn. Staunton paper, and there are a number of Mr. SĂULSBURY. I desire to say a word Mr. HENDRICKS. But I presume it will articles in it on the subject; among others in reply to the question put to me by the Sen- be renewed. there are statements by partios whose names ator from Illinois. I have condemned, and Mr. ANTHONY. If the Senator from In


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upon it.

diana has got through, I will renew the motion completing the maps connected with the boundary DISPENSING WITH EVENING SESSIONS.
that the Senate adjourn.

survey under the treaty of Washington, with copies
of any correspondence on this subject not heretofore

Mr. THAYER submitted the following res-
Mr. HENDRICKS. I am not through.

olution; on which he demanded the previous Mr. ANTHONY. I hope the Senator will

The SPEAKER. This being a call for exec- question : let us know when he gets through, so that I

utive information, unanimous consent is neces- Resolved, that the evening sessions of the House
may make the motion before anybody else gets
sary for its consideration on this day.

bedispensed with until otherwiso ordered.
the floor.
Mr. HENDRICKS. I am very anxious, for

There being no objection, the resolution was The previous question was seconded and the considered and agreed to.

main question ordered ; and under the operaone, that this session of the Senate shall approach its close. I do not want to sit here all

Mr. RICE, of Maine, moved to reconsider

tion thereof the resolution was adopted. summer.

Mr. THAYER moved to reconsider the vote
I appeal to Senators that we go on

the vote by which the resolution was adopted;
with the business, transact it, get done, and go
and also moved that the motion to reconsider

by which the resolution was adopted; and also
be laid upon the table.

moved that the motion to reconsider be laid Mr. TRUMBULL. What measure have you

The latter motion was agreed to.

on the table.

The latter motion was agreed to.
to bring forward ?

Mr. HENDRICKS. I have no measure of Mr. PERHAM submitted the following reso-

my own to bring forward especially, but I am
lution :

Mr. HALE submitted the following resoluready to assist any other Senator that has a

Resolved, That the Secretary of the Treasury be tion, and demanded the previous question on measure to bring it to a wholesome result. directed to inform this House what amount of gold its adoption: Mr. SHERMAN. We will expedite busi

belonging to the United States has been sold by or

under his authority since the lst instant, and at what Resolved, That the Secretary of War be directed to ness, if you will leave it to us.

rates; also, the name of the agent or agents through furnish to this Ilouse a report showing the amount of Mr. HENDRICKS. The fact that I have whom such sales were cffected, and what rate of com

funds received by the Bureau of Refugees, Freedmen, no special measure to bring forward does not mission has been authorized by the Department for

and Abandoned Lands, from its organization to the

1st day of April, 1866; from what sources the same touch the question. I presented one bill of selling the same.

were derived, and to what general purpose approprisome interest this morning touching the pre

The SPEAKER. This being a call for ated; the amount (or value) of subsistence stores emption of the public lands, and I hope that

executive information, unanimous consent is received and expended within said period; the value will not prolong the session of the Senate. All necessary for its consideration on this day. of quartermaster's property received prior to and

amount remaining on hand on said 1st April; the I want is that we shall go on with business.

There being no objection, the resolution was estimated cost of transportation furnished on requiNow, we have a bill partly discussed, and that considered and agreed to.

sitions or orders from said bureau to said date, specihas been popping up in this body from time to

Mr. PERHAM moved to reconsider the vote

fying what share of the same was for refugees, for

freedmen, and for officers, soldiers, and civilians contime for two or three sessions, and I think we

by which the resolution was adopted; and also nected with said bureau; the amount of land included had better dispose of it. If it has got merits

moved that the motion to reconsider be laid in the Government farms, so called, in charge of said upon the table.

bureau in the year 1865, and the value of the crops it ought to pass; if it has not we ought to de

raised thereon; the number of buildings occupied by feat it. I suggest to the Senator from Rhode

The latter motion was agreed to.

said bureau on the 1st duy of September, 1865, and Island that we go on in open session with the


the amount of rent claimed for all lands and build

ings previously occupied, up to April 1, 1866, by the discussion of that bill and come to a vote Mr. WILLIAMS submitted the following owners or pretended owners thereof; the value of Mr. ANTHONY. The Senate has already | question : resolution, on which he called the previous personal property, if any, seized and applied to tho

uses of the bureau in any of the rebellious States;

the number of officers of the Army or volunteers of voted to go into executive session.

Whereas it has been publicly declared by the su

cach grade who had been or were on duty in said Mr. CLARK. Now let us have that order preme executive authority of this nation, in accord- bureau previous to said Ist of April, and the gross executed.

ance with the dictates of sound wisdom, the just amount of pay and allowances, as nearly as the samo

instincts of humanity, and the undoubted senti- can be readily ascertained, to which such officers wero Mr. POLAND. If we are not in executive

ment of the people of the loyal States, that treason entitled while thus on duty, and the amount of estisession ( move that we go in.

should be made odious, and traitors not only dis- mates of quartermasters' funds required by quarterMr. CLARK. I ask for the execution of graced, but impoverished; and whereas it is repre- masters on duty in said bureau for the use thereof,

sented that while no traitor who has survived the the order already made.

up to said April 1, and the amount transferred on chances of the battle-field and escaped the retribu- said estimates. The PRESIDENT pro tempore. In pursu- tion due to his crimes at the hands of the loyal solance of the order of the Senate, the Sergeantdiers of the North, has been otherwise punished than

The previous question was seconded and the
by the award of public honors or the remission of main question ordered ; and under the opera.
at-Arms will clear the galleries and close the disabilities to qualify him for the enjoyment thereof, tion thereof the resolution was adopted.

the inemories of the traitor dead have been hallowed
The Senate having proceeded to the consid-
and consecrated by local public entertainments and

eration of executive session; the doors were

treasonable utterances in honor of their crime, which
have not only been tolerated by the nationalauthor-

Mr. STEVENS submitted the following res: afterward reopened, and the Senate adjourned. ities, but in some instances approved by closing the olution, on which he demanded the previous

public offices on the occasion of floral processions to
their graves, while the privilege of paying like hon-

question :
ors to the martyred dead of the armies of the Union Resolved, That the Committee on Invalid Pensions

who perished in the holy work of punishing thetrea- be instructed to bring in a bill to double the pensions MoNIAY, Tay 28, 1866.

son of those who are thus honored, and restoring the caused by tho casualties of war with tho so-called The House met at twelve o'clock m..

Union of our fathers, has been denied to the loyal confederate States.

people of those communities by the local authorities,
The Journal of Saturday last was read and
with the connivance or consent of the inilitary or

Mr. TAYLOR. I will suggest to the gentleapproved.

civil agents of this Government; and whereas tho man from Pennsylvania that a bill passed this ORDER OF BUSINESS.

encouragement or toleration of such enormities is of
pernicious and dangeronis example, insulting to the

House a few days since and is now awaiting The SPEAKER announced, as the first busi- living soldiers of the Republic, as well as to the mem- the action of the Senate. I think, perhaps, it ness in order, the call of committees (com

ories of the dead, and calculated to make loyalty will meet the views of the gentleman. This

odious and treason honorable, and to obstruct, if not
mencing with the Committee of Elections) for
entirely prevent, the growth of such a feeling as is

also is a resolution of instruction.
reports to go upon the Calendar and not to be essential to any cordial or permanent reunion of these

Mr. STEVENS. I do not understand that brought back by a motion to reconsider.

States: Therefore,
Resolvell, That the President be requested to in-

any bill has passed the House to meet the ob-
No reports were presented.
form this House whether any of the military or civil

ject I have in view. employés of this Government, within tho State of Mr. TAYLOR. It grades the disabilities. STAMPS ON LEGAL DOCUMENTS.

Georgia or any of the other rebel States, have in any Mr. STEVENS. My idea is that all these The SPEAKER stated the next business in way countenanced or assisted in the rendition of puborder to be the call of States for resolutions,

lic honors to any of the traitors, cither living or dead, pensions should be doubled; and that is the

who have been waging a parricidal war gainst this idea contained in the resolution.
under which call the following resolution, Government, in commemoration of theirgreat crime, Mr. TAYLOR. I suggest, then, that the
pending last Monday at the expiration of the

either by closing their ofiices on such occasions or
making other favorable public demonstrations in

gentleman make the resolution one of inmorning hour, came up for consideration :

connection therewith; and further, whether the priv- | quiry. Whereas the provisions of the internal revenue law

ilege of doing like honors to loyalty at the graves of the Mr. STEVENS. There is no necessity of of Juno 30, 1861, in section one hundred and seventy,

Union soldiers who have perished far from their homes
under the head of'"legal documents," which require
and kindred has been, in any instance, obstructed or

inquiring into the expediency of doing it. I certain kinds of process and legal documents used in

denied by the rebel authorities, with tho concurrence want to test the sense of the House on the the courts of the States to be stamped, have been or acquiescence of the officers of this Government.

subject. held by the highest courts of several States to be

Mr. NICHOLSON. I raise the point of Mr. PERHAM. I ask the gentleman from unconstitutional and void; and whereas they are at least of doubtful validity, and in fact impose a tax

order that this resolution, being a call for Pennsylvania whether he will not allow the on redress, which ought always to be as free as possi- executive information, must lie over under resolution to be one of inquiry. ble: Therefore, the rules.

Mr. STEVENS. If I were sure the comResolved, That the Committee of Ways and Means be instructed to consider the propriety of repealing

The SPEAKER. The Chair sustains the mittee would report in a couple of weeks I said provisions, and that they report by bill or other- point of order.

would consent to that modification. wise.

Mr. WILLIAMS. I move a suspension of Mr. PERHAM. The committee would be The resolution was agreed to. the rules.

prepared to make some sort of a report in that MAPS OF BOUNDARY SURVEY.

The SPEAKER. That motion cannot be time.
Mr. RICE, of Maine, submitted the follow-
made during the morning hour.

Mr. STEVENS. I agree to that modifica. ing resolution :

Mr. WILLIAMS. When may it be made? tion.
Resolpell, That the Secretary of State bo requested

The SPEAKER. When the morning hour Mr. SPALDING. I object to debate. to inform this Houso what progress has been made in has expired.

The previous question was seconded and the


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