was created, that is, the election of a President and a Vice President. That election will not be influenced a hair's breadth one way or the other by our determination, no matter what we may do, and as to the mischief of this thing, the mischief is just as much on one side as the other. If the President may fabricate fictitious States in order to give him votes, so if we have the authority to declare who shall and who shall not vote, we may destroy actual and loyal States in order to carry out our party purposes. I hope neither of these propositions will pass. Mr. WADE. Mr. President, about a year ago Congress, anticipating that such questions as this might arise, in my judgment very wisely framed a law and passed it through both branches with the hope of settling this matter in advance. That law was made upon great deliberation in both bodies of Congress; it received a very large vote in each House. It was very proper in my judgment that Congress should fix the matter then, because everybody could anticipate that a question of the most serious danger to the Republic might arise in the then approaching presidential election which might endanger the stability of our Union, and which might under certain circumstances precipitate these northern States into a civil war. Apprehending that such a question might arise, Congress wisely, in my judgment, provided against it, but the President did not agree with them, and he vetoed their bill, leaving the question open with all its dangers, which, thank God, have not arisen. What would be our condition now, if in the presidential election which has just passed the vote had been so balanced that in order to carry the election for one or the other of the candidates it was necessary to resort to some of the States that are now sought to be recognized as part and parcel of the present Government? Could we ever have settled the question? I fear that we could not, and I was the more apprehensive of it because I was present on the occasion to which my colleague has alluded. I saw even there, when we were in joint convention and there was an irregularity as to the vote of a single State, a mere technicality and nothing more, it created a sensation in that body which threatened the stability of the Government. There was not a rightminded man present there who did not fear that even then that technicality, which would not affect the result whichever way it was decided, might lead to the setting up of pretensions which were dangerous to the stability of the Government. Now, sir, it is time that we should settle the question by some legislation that will reach the whole subject. In my judgment the proposition of the Senator from Vermont is the wisest, the most far-reaching, and the best adapted to settle the controversy for the present occasion and for all time to come. I do not like to have such questions unsettled so long. I suppose the bill to which I have referred was vetoed by the President because Mr. JOHNSON, and others. It was not vetoed. Mr. WADE. I speak of it as having been vetoed, because I do not care much about the form of the thing. It amounted to a veto. He put the bill in his pocket. Mr.JOHNSON. If he had vetoed it, it might have been passed over his head. ern themselves except submission for the time being to the will of the majority constitutionally and legally expressed. If you cut loose from that principle you have nothing else to regulate your conduct. So far as human sagacity in the way of government has yet gone, I say if you cut loose from that great principle there is nothing left, and all before you is open sea, all anarchy, all confusion; and I must say of that proclamation of the President that it was the most contentious, the most anarchical, the most dangerous proposition that was ever put forth for the government of a free people.. What, sir, one tenth part of the people of a State | govern the rest? The thing is impossible, impracticable; it cannot be done. Take away your military power from those States, withdraw your Army, and leave the one tenth to govern the remaining nine tenths in the State, and where would they be? The result would be to sacrifice every Union man in the southern States. When the General Government abandons them, when it leaves the one tenth in the hands and under the dominion of the nine tenths, what will be their condition? I had a conversation with the now Vice President-elect of the United States on that subject, and with other gentlemen on the Union side in the southern States, and I do not know of one of them who was not filled with the deepest apprehension that if this principle should prevail they would be annihilated by the nine tenths. Can any portion of the territory of a State attempt to govern the whole? Suppose you have got one loyal county in a State, can it control the destinies of all the rest of that State? If you have by military authority within the lines of your encampment a great city or a portion of a State where there is a population, is it very difficult for the President or for the commanding officers there to get up all the paraphernalia of a State upon a ten-acre piece of land? When you have done that, and under the shadows of your armies attempt to elect all the magistrates and all the officers necessary to perfect the machinery of your government and put it in operation, can you be so blind as to suppose that when you have by military power, for it is nothing else, clothed these men with authority to govern, it is a republican government? Sir, it is just as much a military government as it was before you went through the farce of selecting those officers. There is your military governor; has he ever been withdrawn from Louisiana; or if another governor has been substituted, by whom was he substituted? By the Commander-in-Chief of all the armies of the United States. When the mandate went forth from the President to Mr. Hahn, "Be Governor of that State," he did not consult the Senate, he did not consult anybody in particular; but the mandate issued from the President of the United States unaided, unknown, uncounseled by anybody, "Mr. Hahn, be Governor of that State, call a convention, declare what your status shall be in the Republic, elect your Representatives, organize in form the shadow of a State government, and you shall be a State government." They could make out the semblance, but it lacks all the reality of a government, because it does not represent the will of the people, or at least we have no evidence that it is the will of the people of the State. There is no alternative. If you have a rebelMr. WADE. We might or might not have lious people who are determined that they will passed it over the veto. The President prevented not submit to the laws and authority of the Genour making it a law, and he did so constitution-eral Government, if a majority of a State are thus ally. He did not transcend, in that respect, the powers which the Constitution vested in him. We passed the bill less than ten days before the session expired, and therefore he had a perfect right to withhold his assent from it, and give us no reasons for so doing. He chose to do that, and, as I suppose, he did it in defense of the proclamation which he had put forth, declaring that whenever a tenth part of the people of a State would come back, he would recognize them as the State and as part and parcel of this Government-a proposition which, with all my respect for the Chief Magistrate, I am bound to say is the most absurd and impracticable that ever haunted the imagination of a statesman. A man imbued with republican principles must know that the foundation of all free government depends upon the elective franchise. The ingenuity of man has failed to devise any other way whereby people can gov inclined, a free government in that State is impossible. You need not talk to me about your one tenth. The Senator from Pennsylvania wants to know if it takes a majority to govern a State. I wish he was here, because I want to put the question to him, how do you understand it; "how readest thou;" is there any principle of free government that has decided that anything less than a majority of the people of a State, or of the voters of a State, can govern its destinies? I mean upon republican democratic principles. I speak not of the farce of a civil government overshadowed by a military governor, a wheel within a wheel, a military government dominating your whole political community, and inside of that and under it and subordinate to it, a civil government pretending to be a free government! I say it is a farce; it is unworthy of the American Senate to give it a moment's consideration. Let us look the fact right straight in the face. You can have no peace, you can have no free government, you can have nothing but the shadow and semblance of one, until the majority of the people of a State are loyal. Why make this false pretense? It is a government upon false pretenses. Withdraw your Army from Louisiana to-day, and what would be its condition? Have you any evidence as to what that people would do to-morrow if you withdrew all your military force from there? Have they voted, have they given any evidence to show that they are loyal to the Government of the United States? lisp of it, not a word of it. More than four fifths of the territory of that State now is trampled down beneath the feet of military power, just where it ought to be for its rebellion, and you dare not withdraw your armies from there; and yet you talk of free republican State government there! Sir, you cannot have it. Not a Mr. DOOLITTLE. If the Senator will allow me, I should like to ask him a question on that point. He seems to think the presence of an army is opposed to all free government. Where would the Senate and House of Representatives be if you withdrew the army of the Potomac ? Where would they have been any time these last three years? Is there no army here? Mr. WADE. We have not, thank God, been captured yet. This capital has not been overrun yet by the enemy. If it had been, and Mr. Davis's army were predominating in this capital, I think our legislation would be a mere sham. Does the gentleman suppose that our legislation would be endured, provided the armies of Mr. Davis predominated in the capital? That would be like Louisiana now beneath the feet of the Federal Government. They cannot act freely. That is what I contend for. Neither could we if we were in like condition, and if we pretended to be a free people it would be the merest mockery and farce. These armies somehow must be got rid of before legislation can take place. Where armies are the law. is silent. But I do not wish to argue this question; I have argued it; the Senate and House of Representatives have argued it, and we have sent forth our will on this subject. I am astonished to find now any considerable difference of opinion in a body that so unanimously passed the bill to which I have referred, less than a year ago. Has anything occurred since to change our opinions? It is true that there has been an effort in Louisiana to get up a delegation, and they have come here. How much of the State do they claim to represent? How much of it was able to hold a free election? Can you really claim that that portion of it was free even where your army was? The Senator from Kentucky [Mr. PoWELL] has already told you that you did not govern according to the laws of that State; you did not even found the basis of your government upon the laws of the State, but your military authorities regulated the elective franchise there. Is there any freedom in that? No, sir. 1 make these observations because I am exceedingly jealous of military power, and I never will consent that a people predominated over by a hostile military power shall found an American republican State. They cannot do it. To do it, they must be free as the air, and until they are in that condition it is impossible to have a free Government there; and until some evidence shall be presented to us that such is the condition of a majority, you may talk about your State government until doomsday; but every man imbued with American principles of democracy knows it is a falsehood, a mere semblance, and not a fact. We are asked if the loyal men in a State ought not to govern it, whatever their numbers may be. I know it is very unfortunate for a man to locate himself in a community of law-breakers, whether they commit one kind of crime or another. If a great majority of them are traitors to the best Government on God's earth it is his misfortunate that he has fallen into such a den of thieves. Statesmen proceeding upon general law and regulating great communities cannot take into consideration the fact of the individual hardship of this man or the other. He is surrounded by a great number of men who outvote him, who declare that the Government under which he has lived is all wrong. They have declared war against the old Government. He may not concur with them, but if they out vote him and outfight him, and establish another Government, what remedy have you but that of force? You cannot select him out and protect him. If he cannot live there, he must make his way as best he can out of the community, and you cannot make laws to reach his individaul case when there is a majority of his neighbors against him. How can you prosecute a man for treason there? How can a man who is injured in that State because he is a loyal man, a man who is trespassed upon, whose person is violated by those who are in flagrant war with the United States, obtain redress? Are their courts open to him for the redress of his wrongs? Can he have redress? You know he cannot. What a farce, then, to contend that because there are a few Union men scattered through these communities a statesman can undertake to protect each one in his individual rights! The thing is impossible; the statesman that conceives it is blind. If a majority of the people where I live and from which I come-provided the supposition can be entertained for a moment-or a controlling number of them, should turn violent traitors to the Government under which we live, what rights should I have, claiming to be a Union man? I might endeavor to maintain the laws of my country; but in that case they would have declared that to be a crime punishable by imprisonment or death, and I, standing by the old Constitution, should be amenable to this vile law of theirs. Could you rescue me? Could you say that there was a good Government there? Could I appeal to the courts administered by traitors and get my rights there as a Union man? The thing is impossible. Why do you struggle to maintain impossibilities? Sir, these States must remain under military dominion, but I hope with all the equities that can be extended to a people thus unfortunate, until such time as they manifest to the people of the United States that they are able to govern themselves properly and subject to the laws of the General Government. There is no middle course. The bill which we passed last year provided for that. We knew that nothing less than a majority at least of the loyal men could maintain a loyal State government, because we knew of no rule except that of proceeding by majorities, and therefore we provided in the bill that whenever the provisional governor believed there was such a majority, it should be his duty to appoint commissioners to take a census of the State and ascertain the number of the people; and if there was a majority who were willing and anxious to submit to the General Government, a convention should be called and should be invested with immediate power to frame a government upon democratic principles, in their own way. That is the just and equitable bill which the President vetoed in order to vindicate his anarchical principle of ten per cent. of loyalty. This resolution, if amended as proposed by the Senator from Vermont, meets my approbation more fully than any proposition which has been offered, and therefor I shall vote for it. Gentlemen have spoken of South Carolina, and said they cannot recognize her now, and they would not count her votes. I think the Senator from Pennsylvania said he would not count the votes of South Carolina if she sent them here. Why not? What is the difference between this case and that of South Carolina? Can anybody tell me? There is territory enough under the flag of the United States in South Carolina to get up a State Legislature just as good as that of Louisiana. We have nearly as much of South Carolina under the dominion of our flag as there is of Louisiana. Why then reject the one and admit the other? They both stand upon like principles. If you only measure by acres what dominion we have, what difference is there? In my judgment, the only sensible plan is to leave these communities until in some way we can have at least reasonable evidence to show that a majority of them are loyal, and in a condition to maintain a free republican government of their own. Then I shall be the first man to reinvest them with the power. Let them have it so. Nobody regrets more than I do that any State of this Union has placed herself in a condition where we cannot trust her with the power to govern herself. I wish to God we could. Whenever it can be done I shall be the very first man to claim, as I have always claimed, that the people shall govern themselves wherever they can do it; nor will I yield to military despotism or to outside domination and pressure, getting up the semblance of a Legislature and calling it a fact. It is not a fact, and your legislative action cannot make it so. I thank God that in the last presidential election we were strong enough to carry our principles through, so as not to involve us in this question which might have launched us in civil war at the North. Let us keep clear of all such questions. Let us settle now and forever the principle that the President of the United States cannot in times of civil war, wherever he happens to have an army in a State, improvise by military force a Legislature, and call it the power of a State in such sort as to count that seinblance in his favor as a fact. If it were attempted I know for one that I would not put up with it. I ask any Union man on this floor, suppose the States which now claim to be represented here had chosen electors in favor of General McClellan, and given him their votes, and those votes would have elected him President, would we submit to it? I do not believe there is a man on this floor who would. There is not one here who would not spill the last drop of his blood before yielding to such a thing. We would have said at once, "These communities were improvised; these powers were conferred on them by the military power of the United States; they do not represent the people, and therefore they shall not be represented on this floor or in the Electoral College." Mr. JOHNSON. It would be the same thing, I suppose, if those votes would have elected Mr. Lincoln. There would be the same opposition. Mr. WADE. Just the same; and I intend to say that although I was strongly against Mr. McClellan and in favor of Abraham Lincoln, yet if it had taken these semblances, these counterfeits, to make out his title to the Presidency, before God I would not have consented to receive them. If the man whom I opposed had received the votes of the nation, he should have had the position, and that would be the feeling of every Senator here I have no doubt, There is not a man here now who will rise in his place and say that if these votes could have been so changed as to elect our opponent we would have yielded to such state of things. Would any one have done it? I want to hear the Senator who will rise and tell me that he would have permitted these counterfeits, these disloyal States, these States which have declared war upon the General Government, to select a President for us. I say they have declared war against the General Government and they have never revoked that declaration of war, for I believe there is no one of these States which has yet revoked its act of secession and declaration of war. It is important to know how that fact is. Have the people that claim to be represented in this body as a State, by any vote repealed their act of secession and war? Are gentlemen here contending that men in flagrant war against the United States shall send a delegation here to represent them? Is that so? If nobody can answer my question I will apply to the case a well-known principle of law. The last we heard from them was that they had declared themselves out of the Union, and in flagrant war with the Union, and if nobody can show the contrary, that state of things exists to-day, for whoever contends that a state of things once proved to exist has been changed must submit to the fact that it exists now, unless he produces proof to the contrary. Mr. HENDERSON. I will state, with the Senator's leave, that my understanding is that Louisiana, Arkansas, and Tennessee, all three, by their conventions, have passed an ordinance repealing the ordinance of secession. By stating that fact I am not attempting to confute the argument of the Senator, but I merely state the factas a fact. My recollection is that all three of them have done so. Mr. WADE. I do not know whether it is so or not, but it is a mere sham if they have done so. They might as well have done that as any other part of this business, because all that was done was done by such voters as your military power prescribed, and they would have voted precisely as they were wanted to vote, whether to repeal the ordinance of secession, or to elect members to come here and claim seats. It is all of a piece. The great argument against it all is that these men do not represent the people of the State. The Senators who claim scats here from Louisiana cannot assert that they are here by the assent of a majority of that people fairly expressed. They represent nothing but the military power of the United States, and God knows that if I can prevent it they shall not sit here upon equal terms with me, who claim to be here by the voice of a majority of the State to which I belong. I will have no such company if I can help it, nor shall they ever be recognized by me. Sir, this great question should be settled now and forever before we meet in joint convention. Mr. DOOLITTLE and Mr. WRIGHT sought the floor. The VICE PRESIDENT. The Chair will award the floor to the Senator from New Jersey, both he and the Senator from Wisconsin rising at the same time, and the Senator from Wisconsin having already spoken upon the question. Mr. WRIGHT. I move that the Senate do now adjourn. Mr. TRUMBULL. I ask the Senator from New Jersey to withdraw his motion for a moment to allow me to say one word. Mr. WRIGHT. Certainly. Mr. TRUMBULL. I trust that we shall not now adjourn. This question ought to be settled. Let us sit here and dispose of it. If gentlemen wish to make remarks let us go on until we can get a vote. I think we had better hold on. I hope the Senator will not persist in his motion. Mr. WRIGHT. I renew the motion to adjourn. Mr. TRUMBULL called for the yeas and nays, and they were ordered; and being taken, resulted-yeas 16, nays 25; as follows: YEAS-Messrs. Anthony, Chandler, Dixon, Doolittle, Grimes, Harlan, Harris, Henderson, Hendricks, Howard, Howe, Nesmith, Pomeroy, Ramsey, Sumner, and Wright -16. NAYS-Messrs. Buckalew, Clark, Collamer, Conness, Cowan, Davis, Farwell, Foster, Jolinson, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Nye, Powell, Sherman, Sprague, Stewart, Ten Eyck, Trumbull, Van Winkle, Wade, Wilkinson, Willey, and Wilson-25. ABSENT-Messrs. Brown, Carlile, Foot, Hale, Harding. Hicks, McDougall, Richardson, Riddle, and Saulsbury-10. So the Senate refused to adjourn. Mr. COWAN. The honorable Senator from Ohio is mistaken when he supposes that I said I would not count the vote of South Carolina in the coming convention. Mr. WADE. Some gentlemen on that side of the question said so; I thought it was the Senator from Pennsylvania. Mr. COWAŃ. It is not very material; I merely wished the correction to be made. I have only to say that if South Carolina was in the condition of Louisiana and Arkansas, if her capital, as I hope it will be shortly, was in the possession of our armies, if there was no rebel government within her borders, if there was one tenth of her people willing, anxious, to establish, organize, get up, and sustain a State government, I would receive her vote; I would acquiesce under the proclamation of the President, although perhaps if I had been making that proclamation in the first place I would not have couched it in his phrase, f would not have subjected it to his terms; but as he has done it, as he has invited these people to enter upon the work on that basis, I am willing in good faith to carry out the stipulations that he has made with them. I would recognize them, and I would do as I believe he would do if he were a member of this body-he would submit to that vote. I do not see why he should not do so, and I have no doubt he would. That is all that I desire to say except this; that these governments having been formed, a nucleus around which the loyal men are to gather, and clothed with the authority which is so potent among men, and which is so well calculated to bring them to any cooperation, I think they ought to be encouraged, and encouraged by all means. Mr. WADE. Will the Senator permit me to ask him a question? Mr. COWAN. Certainly. Mr. WADE. The Senator says he would per mit one tenth of the people to govern the State. Now I want to know of the Senator what pro THE OFFICIAL PROCEEDINGS OF CONGRESS, PUBLISHED BY F. & J. RIVES, WASHINGTON, D. C. THIRTY-EIGHTH CONGRESS, 2D SESSION. tection that one tenth will have when you withdraw all external power from them, and leave them to themselves? What chance will they have with the nine tenths opposed to them? SATURDAY, FEBRUARY 4, 1865. will state to the Senate that a committee has been Mr. COWAN. That is the very question that we must now meet. It is the question now whether we will maintain State governments there in connection with the Union or whether we will treat these people as a conquered people, as conquered provinces, whether we will assume the task of governing them entirely or whether we will do that which the President is endeavoring to do now. I am very free to say that I am in favor of his plan; I very much prefer it; and 1 have no doubt that the one tenth of the people of a State organized with the reins of State government in their hands, the means of enforcing its authority, aided by the General Government, will finally bring back all these States to obedience, allegiance. I have no doubt about it. But repulse this one tenth, repulse the loyal people of the States who are endeavoring to bring them back, drive them away into rebellion, what then?cupied two days, and from our recent experience If you have not the one tenth, you have nothing. If you have not these people who are your friends in Louisiana and Arkansas and the other States, whom have you? Are you determined to drive them all into utter and inextinguishable re-nesday, when we are ready to form in procession bellion, or are you willing that the repentant, as well as those who have always been loyal, shall come back and endeavor to establish themselves in such form that the Union may be restored? To state the question, in my judgment, is to answer it. It is said that the tenth of the people do not represent the whole people. They may not represent the whole people, loyal and disloyal, but they represent the loyal people, and it is the loyal people of these States for whom we have made this tremendous struggle. Is there a Senator on this floor who would have embarked on this war if it were not to rescue the loyal people of these States from the usurpation which oppressed them? Certainly not. What right should people had gone away into secession, what right should we have had to restrain and control them? Mr. SHERMAN. I certainly have not taken on a resolution on the passage of which not even to march to the House of Representatives to count Mr. JOHNSON. Hardly. Mr. SHERMAN. It looks very much like it; and therefore I think we had better proceed with other business. The VICE PRESIDENT. The Senator from Ohio asks the unanimous consent of the Senate to proceed to the consideration of the bill named by him for the purpose of making it a special order. Mr. TRUMBULL. I object. NEW SERIES.....No. 36. occasioned by the absence of Mr. HARDING, who in consequence of the state of his health has received leave of absence for the residue of the session. Mr. FARWELL. I suggest to the Senate that a recess for one hour be taken. _["Oh, no!"] The VICE PRESIDENT. The question before the Senate is on postponing the pending joint resolution for the purpose of proceeding to the consideration of the bill relative to the duty on paper. Mr. SHERMAN. I simply want to promote the business of the Senate; and as I see some of the members of the Committee on Finance will not vote to take up the bill I referred to, I withdraw the motion in the hope that by to-morrow at one o'clock we may get a vote on this question. Mr. LANE, of Indians. I desire to make a motion, and preliminary to that to state in a very few words my position. I am opposed to any legislation whatever upon this subject at this time. The right of the people of a State to vote for President is a constitutional right, and cannot be restricted or modified by any joint resolution of Congress. The right to count the vote in joint convention is devolved on that joint convention, and not upon this Congress. I do not believe that Congress has the constitutional power to say in advance what States shall be counted and what not. I will trust the convention when the certificates are presented of the votes from the several States. I do not believe we have the power here as an act of legislation to control the counting of the votes in joint convention. I therefore move the indefinite postponement of the resolution and pending amendments. Mr. HENDERSON. I move that the Senate adjourn. Mr. TRUMBULL. If the Senator will withThe VICE PRESIDENT. Objection being draw his motion and let us take a vote on the inmade, the bill cannot now be taken up. Mr. SHERMAN. Can I make a motion at this time to postpone all other orders for the pur If I can, I make that motion. The VICE PRESIDENT. The Senator from Ohio moves to postpone the further consideration of the pending bill for the purpose of proceeding to the consideration of the joint resolution relatnow before the Senate. Mr. TRUMBULL. I hope the Senate will not agree to that motion. We began with the belief that this was a conspiracy on the part of a few to lead away the masses, and that the masses, so far as they had an opportunity of expressing their preferences anding to the duty on paper, and that is the question giving their opinions by their votes, were loyal, and it was a contrivance and conspiracy that led them away into rebellion; and now, when that is broken up, when they are willing to come back, I am willing to receive them as they come, and I am not disposed to cavil upon the ninth part of a hair as to whether they constitute a majority or not. It is enough for me to know that they are loyal people, and that they desire the restoration of the Union; they desire to be reunited to the great body-politic as members, part and parcel of it, and if they represent the loyal people, it is enough. Mr. SHERMAN. I am afraid we shall not get through with this matter to-night, and there are two bills which I am anxious to have taken up and acted on, and I therefore ask the indulgence of the Senate to allow the bill fixing the duty on printing paper and the legislative, executive, and judicial appropriation bill to be now taken up and made the special order for to-morrow at one o'clock. Mr. WILSON. Let us vote on this question. Mr. SHERMAN. My impression is that this is going to lead to a general debate, and I do not think it ought to stand in the way of ordinary legislative business. I am willing to have it go over and occupy the morning hour to-morrow, but I want an arrangement made by which the bills that I have referred to may be considered. Mr. TRUMBULL. I cannot consent to the proposition of the Senator from Ohio that this resolution shall go over and occupy the morning hour to-morrow. Every person who has spoken on the subject regards it as necessary that we should do something to settle this question. I Mr. CONNESS. I feel a great interest in the settlement of the question now proposed to be called up by the honorable Senator from Ohio, the chairman of the Committee on Finance, but it appears to me that his own suggestion in regard to this measure is the greatest reason why we should continue and resolve to come to a vote upon it. It is certainly a question of no secondary importance, but on the contrary a question of the first consequence, and I cannot vote as I usually do with the honorable Senator to take up measures from the Committee on Finance. I desire, with the leave of the Senate, for a reason that will be apparent, to ask leave to be excused before I take my seat from serving further upon the select committee on slavery and freedmen. There are other Senators that have arrived here who have not a place on committees, and I do it with that view. I hope the place will be filled by motion from some Senators. I ask to be excused from serving on that committee. The VICE PRESIDENT. Is there any objection to receiving that motion? The Chair hears none. The motion to excuse the Senator from California was agreed to. Mr. SUMNER. I move that the Chair be authorized to fill the vacancy. The motion was agreed to by unanimous consent, and the Vice President appointed Mr. NYE to fill the vacancy on the committee on slavery and freedmen; he also appointed Mr. STEWART to fill the vacancy on the Committee on Public Lands definite postponement of the question we may settle it. Mr. HENDERSON. I am perfectly well satisfied we cannot get through with this question to-night. There are several Senators who desire to speak. Mr. CONNESS. Let us try. The VICE PRESIDENT. The question is on the adjournment, and it is not a matter of debate. Mr. HENDERSON. I insist on my motion to adjourn. Mr. TRUMBULL called for the yeas and nays, and they were ordered; and being taken, resulted— yeas 15, nays 21; as follows: YEAS-Messrs. Anthony, Collamer, Cowan, Dixon, Doolittle, Farwell, Harlan, Harris, Henderson, Howard, Howe, Powell, Sprague, Sumner, and Wilkinson-15. NAYS-Messrs. Buckalew, Clark, Conness, Davis, Foster, Hale, Johnson, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Nesmith, Nye, Sherman, Stewart, Ten Eyck, Trumbull, Van Winkle, Wade, Willey, and Wilson-21. ABSENT-Messrs. Brown, Carlile, Chandler, Foot, Grimes, Harding, Hendricks, Hicks, McDougall, Pomeroy, Ramsey, Richardson, Riddle, Saulsbury, and Wright-15, So the Senate refused to adjourn. The VICE PRESIDENT. The question now is on the motion of the Senator from Indiana to postpone the joint resolution indefinitely. Mr. LANE, of Indiana, called for the yeas and nays, and they were ordered. The Secretary proceeded to call the roll. Mr. HARLAN (when Mr. GRIMES's name was called) said: As this is in the nature of a test vote, I am authorized to state that my colleague is paired with the Senator from Kansas, Mr. POMEROY, and that if my colleague were here he would vote for a resolution similar to the amendment proposed by the Senator from Vermont. Mr. LANE, of Kansas, (when Mr. PoмEROY's name was called,) said: My colleague is absent, having been paired off with Mr. GRIMES. The result was announced-yeas 11, nays 26; as follows: YEAS-Messrs. Cowan, Doolittle, Farwell, Harlan, Harris, Howe, Lane of Indiana, Nesmith, Ten Eyck, Van Winkle, and Willey-11. NAYS-Messrs. Anthony, Buckalew, Clark, Collamer, Conness, Davis, Dixon, Foster, Hale, Henderson, Howard, Johnson, Lane of Kansas, Morgan, Morrill, Nye, Powell, Sherman, Sprague, Stewart, Sumner, Trumbull, Wade, Wilkinson, Wilson and Wright-26. ABSENT-Messrs. Brown, Carlile, Chandler, Font, Grimes, Harding, Hendricks, Hicks, McDougall, Pomeroy, Ramsey, Richardson, Riddle, and Saulsbury-14. So the motion was not agreed to. Mr. WILKINSON. 1 move that the Senate adjourn. The motion was agreed to, there being, on La division-ayes 20, noes 16; and the Senate adjourned, HOUSE OF REPRESENTATIVES. THURSDAY, February 2, 1865. The House met at twelve o'clock, m. Prayer by the Chaplain, Rev. W. H. CHANNING. The Journal of yesterday was read and approved. ORDER OF BUSINESS. Mr. LAW. Mr. Speaker Mr. WASHBURNE, of Illinois. I call for the regular order of business. Mr. HOLMAN. I trust that the gentleman from Illinois will yield to me that I may have a bill referred. The SPEAKER. The regular order is the consideration of the bill (H. R. No. 322) for the construction of the Illinois ship-canal. The gentleman from Illinois [Mr. ARNOLD] moved last evening an amendment, which the Clerk was about to report when the House adjourned. Mr. STEVENS. I desire to ask unanimous consent that a bill may be postponed. The SPEAKER. That cannot be done unless the gentleman from Illinois withdraws the call for the regular order. Mr. BROWN, of Wisconsin. I rise to a question of order. When the Illinois ship-canal bill was before the House at the last session, it was postponed to a day certain, which was the same day to which the Niagara ship-canal bill was postponed, so that one was immediately to follow the other. When the Niagara ship-canal bill came up it was further postponed. I listened most attentively and heard no order made with regard to this bill. I therefore insist that it is not now entitled to take precedence of other business. The SPEAKER. The gentleman from Indiana, last evening, and the gentleman from Wisconsin, this morning, have raised a question of fact with the Chair in reference to the business, and the Chair will have the Journal of last Monday read. The Clerk read, as follows: "On motion of Mr. STEVENS, "Ordered, That the consideration of the bills of this House No. 126 and 322, heretofore made a special order for this day and from day to day until disposed of, be postponed until Wednesday next, the 1st day of February, immediately after the Journal is read." The SPEAKER. The Chair will now ask the gentleman from Pennsylvania, [Mr. STEVENS,] so that the question may be settled, whether he did or not move to postpone the special order. Mr. STEVENS. I did move to postpone both special orders. Mr. BROWN, of Wisconsin. I did not know that the attention of the House had been called to the matter before. I was not present at the time. I listened to the motion but I did not understand that this was included. Mr. WASHBURNE, of Illinois. The gentleman from Indiana desires me to withdraw my call for the regular order of business, and the gentleman from Pennsylvania also wants it withdrawn. I withdraw it for both gentlemen. Mr. HOLMAN. I also want to present a matter. Mr. WASHBURNE, of Illinois. I will withdraw it for the gentleman. SURVIVING REVOLUTIONARY SOLDIERS. Mr. LAW. Mr. Speaker, I ask the unanimous consent of the House to report from the Committee on Revolutionary Pensions a bill in favor of the surviving revolutionary soldiers. Mr. STEVENS. I did not understand that the gentleman from Illinois yielded for any such purpose. Mr. LAW. When I state the object of the proposition I am sure that the House will adopt it unanimously, as it is reported unanimously from the Committee on Revolutionary Pensions. Mr. Speaker, it will be recollected that at the ast session of Congress we adopted a measure giving to the survivors of the revolutionary army a donation each of $100 in addition to what they had before. Since then, out of those twelve gallant and patriotic men, seven have gone to their long homes. We have then only five survivors of the army of Washington during the revolutionary war. In consequence of the payments being made on the 1st of January and 1st of July, five out of the seven who have died have only received fifty dollars. They have gone to their graves before they had received $100. I ask that the bill I now report be put on its passage, and I will say, in reference to it, that its effect will be not only great upon the Army where each individual mentioned in this bill has grandchildren and great-grandchildren, not only in the Army of the United States, but throughout the country. I have in my hand a book from which I will read a short passage, to show you the patriotism of these men. Every man here ought to have a copy of the book, which is called "The Last Men of the Revolution." It ought to be in the hands of every member of Congress and every friend of the Union. I will read a few lines in reference to one of these survivors: "is mind is still vigorous, though his body is feeble. His memory is good, retaining dates especially, so that he is the referee in the family in matters of history. He is deeply interested in the present conflict, his whole soul being enlisted in the cause of his country. Speaking of General Grant and his prospects of success in his campaign against Richmond, he concluded by saying, 'Well, I know two old folks up here in Maine who are praying for him.' He has lost four or five grandchildren in the war." Now, sir, this bill proposes to give the surviving soldiers of the Revolution-these five, and some of them may not now be living-the small gratuity of $300 a year during their natural lives. It is to make their pathway in life, which must now be short, as pleasant as possible; and it is not more than a just tribute on the part of the Congress of the United States. We give them this small gratuity for the intelligence and bravery employed by them in bringing about our independ ence. I send the bill to the Clerk's desk to be read. The bill, which was read, directs that there shall be paid to each of the surviving soldiers of the Revolution, five in number, whose names are on the pension rolls, $300 as a gratuity, in addition to the pension now paid them. No objection being made, the bill was reported, read a first and second time by its title, and ordered to be engrossed and read the third time. Mr. JOHNSON, of Pennsylvania. I wish to suggest an amendment, which I think will meet the approbation of the House. Mr. LAW. What is it? Mr. JOHNSON, of Pennsylvania. I suggest that the payment of $300 be in gold. It will be more grateful to the old soldiers, reminding them of former times. Mr. LAW. I think we had better pass the bill as it is. I demand the previous question. The previous question was seconded, and the main question ordered to be put; and under the operation thereof the bill, being engrossed, was read the third time, and passed unanimously. Mr. LAW moved that the vote by which the bill was passed be reconsidered; and also moved that the motion to reconsider be laid on the table. The latter motion was agreed to. LAND-GRANT RAILROADS. Mr. HOLMAN, by unanimous consent, introduced a joint resolution in relation to certain railroads; which was read a first and second time, and referred to the Committee on Claims. Mr. HOLMAN. 1 ask that the resolution may be printed. Mr. ANCONA. I object. Mr. HOLMAN. I hope it will be printed. I make that motion. The SPEAKER. The resolution having been read and referred, that motion is in order. The motion was agreed to. CABINET MINISTERS IN CONGRESS. Mr. STEVENS. I ask unanimous consent that the bill introduced by the gentleman from Ohio [Mr. PENDLETON] in reference to Cabinet ministers having seats on the floor of the two Houses, and which was made a special order for to-morrow, may be postponed for one week. Mr. PENDLETON, If that will subserve the On motion of Mr. COX, and by unanimous consent, Senate bill No. 356, authorizing the President of the United States to transfer a gunboat to the Government of the republic of Liberia, was taken from the Speaker's table, read a first and second time, and referred to the Committee on Foreign Affairs. PAY OF CERTAIN OFFICERS OF THE ARMY. On motion of Mr. WILSON, and by unani. mous consent, the bill of the House (H. R. No. 583) to amend the twenty-first section of the act entitled "An act to define the pay and emolument of certain officers of the Army, and for other purposes," approved July 17, 1862, together with the amendments of the Senate thereto, was taken from the Speaker's table, and referred to the Committee on the Judiciary. APPRAISEMENT OF IMPORTED MERCHANDISE. Mr. WASHBURNE, of Illinois, by unanimous consent, introduced a bill to amend the acts relating to officers employed in the examination and appraisement of imported merchandise in the district of New York; which was read a first and second time, referred to the Committee on Commerce, and, with the accompanying papers, or dered to be printed. NATIONAL ACADEMY PAPERS. Mr. PATTERSON, by unanimous consent, introduced a joint resolution authorizing the National Academy to publish certain papers; which was read a first and second time, and referred to the Committee on Printing. REPORT ON WASHINGTON aqueduct. Mr. A. W. CLARK, by unanimous consent, introduced the following resolution; which was referred, under the rules, to the Committee on Printing: Resolved, That five hundred copies of the communication from the Secretary of the Interior, inclosing a supplemental report from the chief engineer of the Washington aqueduct, be printed, together with said report, for the use of the aqueduct department. MINERAL LANDS. Mr. JULIAN, by unanimous consent, from the Committee on Public Lands, introduced a bill to provide for the subdivision of the gold and silver lands of the United States, and others containing valuable minerals, for the coining of the products of such lands, and for other purposes; which was read a first and second time, ordered to be printed, and recommitted to the Committee on Public Lands. CLAIMS OF LOYAL CITIZENS. Mr. YEAMAN, by unanimous consent, introduced a bill concerning the claims of loyal citizens of loyal States, and for other purposes; which was read a first and second time, and referred to the Committee on Military Affairs. ARREARAGES OF PAY AND BOUNTY. Mr. ANCONA, by unanimous consent, introduced a bill amendatory of the acts providing for the payment of arrearages of pay and bounty due heirs of deceased soldiers; which was read a first and second time, and referred to the Committee on the Militia. LAND CLAIMS-WISCONSIN. Mr. BROWN, of Wisconsin, by unanimous consent, introduced a bill to quiet the titles to certain public lands granted to the State of Wisconsin to aid in the construction of certain railroads; which was read a first and second time, and referred to the Committee on Public Lands. CAROLINE L. WRIGHT. Mr. TRACY, by unanimous consent, introduced a bill for the relief of Caroline L. Wright, which was read a first and second time, and re ferred to the Committee on Pensions. FREEDMEN'S BUREAU. Mr. ELIOT, from the committee of conference on the disagreeing votes of the two Houses upon the Senate amendments to the bill of the House (No. 51) to create a Bureau of Freedmen's Affairs, made a report; which was read. The report was as follows: The committee of conference on the disagreeing votes of the two Houses on the bill (H. R. No. 51) entitled "An act to establish a Bureau of Freedmen's Affairs," having met, after mend to and free conference have agreed to recom pective Houses as follows: That the Senate recede from their amendment to the said bill, and the committee agree to the following as a substitute: An Act to establish a Department of Freedmen and Abandoned Lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby established at the seat of Government of the United States, a Department of Freedmen and Abandoned Lauds, whose object shall be the good of the freedmen and the administration of lands and other property falling to the national Government in the rebel States not heretofore appropriated to other uses. And this depart ment shall be under the care of a Commissioner, who shall be appointed by the President, and by and with the advice and consent of the Senate, with an annual salary of $4,000. SEC. 2. And be it further enacted, That the Cominissioner of Freedmen and Abandoned Lands shall appoint a chief clerk, with an annual salary of $2,000, who shall act also as disbursing officer, and who in all cases during the necessary absence of the Commissioner, or when the prineipal office shall become vacant, shall perform the duties of Commissioner; and also such number of clerks, not exceeding two of each class, as shall be necessary. And the Commissioner and all persons appointed under this act shall, before entering upon their duties, take the oath of office prescribed in the act entitled "An act to prescribe an oath of office, and for other purposes," approved July 2, 1862. And the Commissioner and the chief clerk shall, before entering upon their duties, give bonds to the Treas urer of the United States, the former in the sum of $100,000 and the latter in the sum of $10,000, conditioned for the faithful discharge of their duties respectively, with sureties to be approved as sufficient by the Attorney General, which bonds shall be filed in the office of the First Comptrolier of the Treasury, to be by him put in suit for the benefit of any injured party upon any breach of the conditions thereof. SEC. 3. And be it further enacted, That the Commissioner shall, under the direction of the President, create districts of freedmen and abandoned lands within the rebel States, not to exceed two in each State, so far as the same may be brought under the military power of the United States; and each district shall be under the supervision of an assistant commissioner, with an annual salary of $2,500, under bond as required for the chief clerk, to be appointed by the President of the United States, with the advice and consent of the Senate, and with authority to appoin' local superintendents and clerks, so far as the same may be needed, not, however, more than four in each district, each of whom shall have an annual compensation not exceeding $1,500. SEC. 4. And be it further enacted, That the Commissioner shall have the general superintendence of all freedmen throughout the several districts, and he shall watch over the execution of all laws, proclamations, and military orders of emancipation, or in any way concerning freedmen; and he shall establish regulations from time to time, and cause the same to be enforced for their needful and judicious treatment, protecting them in the enjoyment of their rights, promoting their welfare, and securing to them and their posterity tire blessings of liberty. And every such freedman shall be treated in all respects as a freeman, with all proper remedies in courts of justice, and no power or control shall be exercised with regard to him except in conformity with law. SEO.5. And be it further enacted, That the assistant commissioners, under the direction of the Commissioner aud within their respective districts, shall take possession of all abandoned real estate belonging to disloyal persons, and all real estate to which the United States have title, or of which the United States have possession, and not already appro priated to Government uses, and all property found on and belonging to such estate, and shall rent or lease such real estate or any portions thereof to freedmen, or permit the same to be cultivated, used, or occupied by them on such terms and under such regulations as the assistant commissioner and such freedmen may agree; and if the lands with the property aforesaid shall not be required for the freedmen, then they shall rent or lease the same to other persons on such terms and under such regulations as shall be mutually agreed upon, and no freedman shall be employed on any estate above mentioned otherwise than according to voluntary contract reduced to writing and certified by the assistant commissioner or local superintendent: Provided, That no lease, permission to occupy, or contract, shall be for a longer period than one year, and all papers required or authorized by this act shall remain valid and effectual although no revenue stamp is attached thereto. But nothing herein contained shall be construed to prevent the due execution of process against the real estate or property above uamed issued in due course of law from any court of competent jurisdiction; but the possession of such real estate or property by any purchaser thereof at a judicial sale shall be postponed until the termination of any outstanding contract duly made and executed under the provisions of this act. SEC.6. And be it further enacted, That the assistant commissioners and local superintendents shall, as advisory guardians, aid the freedmen in the adjustment of their wages, or in the application of their labor; that they shall take care that the freedmen do not suffer from ill-treatment or any failure of contract on the part of others; that they shall do what they can as arbitrators to reconcile and settle any differences in which freedmen may be involved with each other or with other persons; and, in case such dif. ferences are carried before any tribunal, civil or military, they shall uppear as next friends of the freedmen, so far as 10 Bee that the case is fairly stated and heard. And in ali such proceedings there shall be no disability or exclusion SEC. 7. And be it further enacted, That leases heretofore SEC. 8. And be it further enacted, That the Commissioner shall apply the proceeds accruing under this act to defray the expenses of this department, so that the same may become at an early day self-supporting; and any proceeds over and above such expenses shall be paid into the Treasury of the United States. SEC. 9. And be it further enacted, That whenever the Commissioner cannot otherwise employ any of the freedmen who may come under his care, he shall so far as practicable make provision for them with humane and suitable persons, at a just compensation for their services. SEC. 10. And be it further enacted, That the President of the United States is charged with furnishing the military and other support needful to carry this act into effect, and any military officer may be appointed under this act without increase of salary. SEC. 11. And be it further enacted, That the Commis sioner shall, before the commencemeut of each regular session of Congress, make full report of his proceedings, with exhibits of the state of his accounts, to the President, who shall communicate the same to Congress, and shall also make special reports whenever required to do so by the President or either House of Congress. And the assistant commissioners shall make quarterly reports of their proceedings to the Commissioner, and also such other special reports as from time to time may be required. And it shall be the duty of all officers, civil and military, charged with the execution of any law, proclamation, or military order of emancipation, or in any way concerning freedmen not mustered into or regularly engaged in the military service, to make return to the Commissioner of all their proceedings in execution thereof, under such regulations as shall from time to time be prescribed. SEC. 12. And be it further endcted, That all assistant commissioners, local superintendents, and clerks, as well as supervising special agents, shall be so far deemed to be in the military service of the United States as to be liable to trial by courts-martial or military commissions, to be ordered by the commanding general of the military department within which they act as such assistant cominissioners, local superintendents, clerks, or supervising special agents. And for all offenses amounting to a felony; for any act of embezzlement or willful misappropriation of public or private property; for any willful act of oppression of any freedman, or of any loyal inhabitant; for any act of taking or receiving, directly or indirectly, any money or thing of value on account of any act done or omitted by them in their official capacity, or for being in any manner interested in any purchase of cotton, tobacco, sugar, or any other article produced upon any lands leased or worked under the provisions of this act, or for any other willful violation of their official duties, upon conviction thereof, shall be subject to punishment by fine not exceeding $10,000, or imprisonment at hard labor for a period not exceeding five years, or by both such fine and imprisonment. SEC. 13. And be it further enacted, That the last clause of a joint resolution explanatory of "An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes," approved July 17, 1862, be, and the same is hereby, repealed. SEC. 14. And be it further enacted, That all acts and THOMAS D. ELIOT, Mr. ELIOT. Mr. Speaker, I will endeavor to Mr. WILSON. I desire to ask the gentleman from Massachusetts [Mr. ELIOT] whether he proposes to ask for the adoption of this report this morning. I think it is too important and too voluminous for the House to pass upon without seeing it. I think we ought to have it printed before we are called upon to act upon it. I therefore ask the gentleman to consent to have it postponed to some certain day, in order that we may act upon it understandingly. Mr. ELIOT. I will reply to my friend from Iowa [Mr. WILSON] by stating that after I shall have concluded the statement I desire to make, if it shall be the judgment of the House that there shall be a postponement before final action, I do not know that I shall make any objection. But now propose to state distinctly how the question stands, in order that gentlemen may judge how to act. It will be remembered that the bill which was passed by the House at the last session attached the Bureau of Freedmen's Affairs to the War De partment; that the bill which was subsequently passed by the Senate as an amendment to the House bill attached that bureau to the Treasury Department. The first question which the managers upon the part of the two Houses had to discuss and to determine was the Department to which the bureau should be attached properly. I believed, and the House, in maintaining the committee that reported the bill concurred in that belief, that it was better, under the circumstances in which we were placed, that the bureau should be connected with the War Department; because we were in a condition of war, because it seemed that the inspiration of that Department would be required to make the bill effective; and because, with the knowledge that we had of the interest taken in that subject by the distinguished head of that Department, we might feel assured that no opportunity would be omitted to enforce properly the provisions of the bill for the benefit of the persons for whom we were legislating. But there was this great difficulty which had to be encountered and removed. During the last two or three years there has been no little legis lation upon the subject of abandoned lands and confiscated property and abandoned personal estate. And from the earliest legislation on the subject down to the present time the care, the charge, the custody, and the disposition of that property has been by various laws placed in the Treasury Department. And it was said that, in order to make the proposed legislation useful, it would be necessary to repeal in part or wholly previous legislation; and that it would occasion greater inconvenience than any benefit which we expected from its connection with the War Department would balance. Besides, it was urged that if the bureau be connected with the War Department it would be needful to make a division of the lands, leaving so much as would not be wanted for freedmen's use in the care of the Treasury Department, and giving to the care of the War Department so much as would be wanted for the purposes of this bureau. And it was contended that if that were done there would be collision continually arising concerning the lands between the offi cers or agents of the two Departments which would very greatly embarrass the operations of the law. It did not appear to the managers on the part of the House that these objections were sufficient to balance those which existed against placing this bureau in the Treasury Department. But on this point no agreement could be arrived at, and it became necessary to determine whether a satisfactory bill could be prepared not connecting the bureau with either executive Department. The great importance of some efficient legislation was recognized, and no other course could be adopted. It was more important that some immediate effective plan of action should be agreed upon than that any particular mode should be adopted, and it was believed that a department might be established, communicating directly with the President, not an executive Department, of course, but one similar to the Department of Agriculture as it was at first created. There are some strong reasons why such a department, self-acting, not dependent immediately upon the War or the Treasury, would be more useful than it could be if otherwise constituted. Such a department would more probably enable the Gov. ernment to secure the services of some Commissioner of great ability, and of experience and character. The amount of compensation fixed by the bill has not been increased, but the very fact that the Commissioner would communicate directly with the President, and with Congress, would give to the department a more desirable character than any bureau could have. The jurisdiction of the department would be large, and its duties important and varied, and we believed that the work needful to be done would justify us in placing it upon an independent foundation, Indeed, it had been, I ought to say, the subject of examination before the committee on the part of the House, as I learned it had also been in the Senate committee, before the bill had been acted upon originally by the House, it being be lieved then that there were strong reasons why it should be rather a department connected with the |