IN SENATE.
TUESDAY, January 15, 1863.The PRESIDENT announced, the Standing Committees of the Senate, to-wit:
- Judiciary--Messrs. Ray, Downey, Wolfe, Cobb, McClurg, Brown of Wells, March, Browne of Randolph, Claypool and Graves.
- Finance--Messrs. Williams, Landers, Bradley, Hoagland, Wilson, Claypool, Davis of Parke, Mellett and Beeson.
- Organisation of Courts--Messrs. Wolfe, Cobb, Corbin, Downey, White, Dickinson and Mellett.
- Elections--Messrs. Shields, Wolfe, Brown of Wells, Landers, White, Blair and Beeson.
- Federal Relations--Messrs. Cobb, Wolfe, Johnston, Hoagland, Ray, Davis of Cass, March, Mansfield, Browne of Randolph, Mellett and White.
- Education--Messrs. Douglass, Ferguson, Hord. Corbin, Gifford, White, Berry and New.
- Corporations--Messrs. Davis of Cass, Fuller, Moore, Hartley, Culver, Reed and White.
- Military Affairs--Messrs. Landers, Shields, Ray, Corbin, Downey, Mansfield, Davis of Parke, Beeson and Murray.
- Roads--Messrs. Finch, Jenkins, Moore, Shoulders, Campbell, Pleak and Wright.
- Canals and Internal Improvements--Messrs. Hoagland, Finch, Davis of Cass, McClurg, Culver, Campbell and Reed.
- The Affairs of the Town of Indianapolis--Messrs. Jenkins, Gaff, Hartley, Berry, Pleak and New.
- Claims--Messrs. Moore, Williams, Wilson, Shoulders, Blair, Grubb and Pleak.
- State Prisons--Messrs. Ferguson, Bradley, Gifford, Shoulders, Cobb, Wilson, Wolfe, Hoagland, Graves, Bearss, Murray, Browne of Randolph, Culver, Teegarden and Wright.
- Expenditures--Messrs. Marshall, Shields, Fuller, Douglass, Grubb, Bearss and Campbell.
- Banks--Messrs. Wilson, Gaff, Landers, Johnston, Bradley, Beeson, Graves, Claypool and Teegarden.
- Manufactures--Messrs. Fuller, Marshall, Williams, Gaff, Beeson, Grubb and New.
- Agriculture--Messrs. Shoulders, Johnston, Moore, Williams, Marshall, Campbell, Murray, Berry and Reed.
- Unfinished Business--Messrs. Graves, Hartley, Finch, Brown of Wells, Bearss, Teegarden and Wright.
- Benevolent Institutions--Messrs. Corbin, Clifford, Douglass, Downey, Ferguson, New, Teegarden, Mellett and Mansfield.
- Swamp Lands--Messrs. McClurg, Hord, Marshall, Shields, Culver, Dickinson and Reed.
- Temperance-- Messrs. Gaff, Jenkins, Finch, Cobb, Berry, New and Murray.
- County and Township Business--Messrs. Johnston, Moore, Wilson, Graves, March, Davis of Parke and Blair.
- Phraseology and Arrangement of Bills--Messrs. Gifford, Ray, Douglass, Dickinson and Bearss.
- Printing--Messrs. Bradley, Wolfe, Williams, Davis of Cass, Murray, New and Mansfield.
- Enrolled Bills--Messrs. Brown of Wells, McClurg, Hord, Grubb, Blair and Browne of Randolph.
- Rights and Privileges--Messrs Downey, Ray, Hord, McClurg, Corbin, March, Claypool, Davis of Parke and Dickinson.
JOINT COMMITTEES.
- Public Buildings--Messrs. Hartley, Jenkins, Landers, Pleak and New.
- State Library--Messrs, Hord, Fuller, Ferguson, Mansfield and Blair.
Mr. MOORE reported back the bill [S. 1.] making appropriations to defray legislative expenses with an amendment "That no Senator or Representative shall be entitled to receive his per diem, for such time as he may be absent, without leave from the Senate or House of Representatives."
The amendment was concurred in and the bill was read the third time and passed--yeas 32, nays 13.
COMMON PLEAS COURTS.
Mr. BROWNE, of Randolph, offered a resolution instructing the Judiciary Committee to report a bill abolishing Common Pleas Courts, increasing districts of Circuit Courts to twenty, and extending the jurisdiction of Justices of the Peace.
On motion by Mr. SHIELDS the consideration of the resolution was postponed until Friday next at 2 p.m.
IMMIGRATION OF NEGROES.
On motion by Mr. JOHNSTON, it was--
Resolved,That the Committee on Rights and Privileges of the Inhabitants of the State be instructed to inquire into the expediency of amending the law on the subject of the immigration of free negroes, as to entirely prohibit the immigration of such persons into this State, and the removing of all such persons as are within this State in violation of the Constitution and laws of the State.
NEW PROPOSITIONS.
The following bills were introduced, read the first time and severally passed to the second reading:
By Mr. DICKINSON, [2] to authorize the board of Commissioners of the several counties of the State of Indiana, and the authorities of any incorporate city or town in said State, to make appropriation for the protection and maintenance of the families of volunteers, and for the encouragement of volunteers, and to provide for wounded and disabled Soldiers, and for the disinterring, transportation and interring of the bodies of any deceased soldier: and for the erecting of monuments their memories, and to make appropriations for the purchase of arms and equipments for the raising and maintaining military companies for home defense, or for State or United States service, and for such other necessary expenditures for the defense of their respective counties, cities and towns, as the exigencies of the times may require, and to empower the County Boards and authorities of incorporated towns and cities, to make regulations for disbursements of same, to legalize any appropriations heretofore made, and to authorize a special tax for the same.
By Mr. BROWNE, of Randolph, [3] amending the 103d section of the practice act, approved June 17, 1852.
By Mr. BLAIR, [4] to amend the 1st and 3d sections of an act, regulating docket fees of District Attorneys, approved June 4, 1861.
page: 37[View Page 37]By Mr. DICKINSON, [5] amending section six of an act approved May 20, 1862, touching the laying out and vacating towns, streets and alleys.
GOVERNOR'S MESSAGE.
Mr. BROWNE, of Randolph, moved to take up the message of the Governor.
The PRESIDENT said that no communication from the Governor was properly before the Senate. A communication had been pent in by the private Secretary of the Governor, but there was no quorum present in the Senate at the time; we could transact no business except such as would bring in absent members, and it could not, for that reason, be considered as before the Senate.
PAY OF SOLDIERS.
A message was received from the House informing the Senate of the passage of a concurrent resolution instructing our Senators and requesting our Representatives in Congress to vote for a law to reduce Hie pay of commissioned officers in the army at least twenty-five per cent, and to increase the pay of privates at least $4 per month.
On motion by Mr. JOHNSTON it was amended by increasing the pay of noncommissioned officers also $4 per month.
The resolution, as amended was referred to the Committee on Military Affairs.
PARTIZAN DECLARATION.
Mr. WOLFE, from the select committee to whom was referred the resolutions of Mr. Browne of Randolph, reported them back with a recommendation that the first be referred to the Committee on Federal Relations, the second to the Committee on Military Affairs, the third to the Committee on Finance, the fourth to the Committee on Rights and Privileges, the fifth, to a special committee, and that the sixth be adopted.
Mr. MANSFIELD presented the report of the minority, recommending the adoption of the resolutions with an amendment "that nothing herein contained shall be construed to imply an endorsement or censure of the course pursued by the President of the United States or the Governor of Indiana."
On motion by Mr. JOHNSTON, the amendment was laid on the table, by yeas 26, nays 22.
Mr. MARCH moved to concur in the majority report with an amendment adding to the last resolution the following:
After this General Assembly shall have briefly declared the principles by which such officers, especially United States Senators, should be governed in the discharge of their official duties in aiding the General Government in its efforts to put down the existing rebellion, preserve the Constitution intact and restore the Union of all the States.
On motion by Mr. COBB the amendment was laid on the table--yeas 26, nays 22.
Mr. BEESON moved to amend by adding to the last resolution the following:
But no person will be supported for any office to be filled by this General Assembly, who shall not first have publicly declared his opinion in relation to the aid which ought to be rendered to the General Government in its efforts to put down the existing rebellion, preserve the Constitution and restore the Union of all the States.
The PRESIDENT decided the amendment out of order, a similar one having been just laid on the table.
The majority report was then concurred in--yeas 26, nays 22.
RAILROAD TARIFF.
A House resolution to appoint a joint committee to enquire it any and what railroads were charging higher rates for transportation and fare than by law they are allowed to do, was taken up and concurred in.
THE SENATORIAL IMBROGLIO.
The message from the House informing the Senate that the House would meet the Senate in joint convention at 2 o'clock p. m. to go into an election for United States Senators, was taken up.
Mr. MELLETT moved to postpone the resolution until 10 o'clock to-morrow.
Mr. DUNNING (Mr. Shields in the Chair.) I hope the Senate will vote down the proposition to postpone. If there is a conservative man in this Senate Chamber I believe I stand side by side with him for the Constitution of the Country. I would scorn to speak to a man who was opposed to the Constitution of his country and the unity and integrity of the best government ever given to man. What in the necessity of equivocating in this matter? There can be none. A caucus is called of the Republican members of the Senate and House of Representatives for to-night, and the Senator from Henry [Mr. Mellett] will not undertake to tell this Senate, nor will any Republican Senator, that they are not acquainted with the opinions and characters of the prominent republican men who are likely to become candidates for these high and important stations. Let us determine now the time we will go into this election. The people of the State demand there shall be an election and that at an early day. If the Republican Senators will agree now upon a time that the election of United States Senators shall be gone into, I have no objection if it is postponed till even a longer period than to-morrow: but it in high time the majority in this senate shall know at what time their Republican fellow Senators intend to go into this election. Indiana is at this time without a representative of the mind of the majority, in the Senate of the United States, and an appeal has come from the loyal and conservative men of the State that we shall have Democratic principles rep- page: 38[View Page 38] resented in the United States Senate by a staunch and reliable Democrat who will represent their interests at the proper time in the councils of the nation. And I can assure Senators on the other side they need have no fears that the Democratic party are going to elect a disloyal man. I do, in conclusion, earnestly appeal to Republican Senators that they will return to their seats upon this floor and meet this question manfully; let us as men who love the Constitution and Government of the country, if we cannot at all times and on all occasions have things go as we de-sire, show our patriotism by submitting to what shall be the voice of the people at the time, and trust to the ballot-box to remedy the evil.
Mr. MELLETT. Mr. Presidents I disclaim party. I was elected as a partisan but I am not now a partizan. I took grounds against party in the last election and voted for neither of our candidates for congressmen because they were partisans, and looked more to the advancement of party than to the good of the country. I have no use for such men in times like these. We have submitted propositions here to see if we can compromise. I am ready to compromise. I am for the Constitution as it is and the Union as it was. Now I ask you to be more magnanimous than I was two years ago. Two years ago gentlemen told us we must lay down a platform pledging our southern brethren that the Lincoln administration would not do thus and so. They said these southern gentlemen were alarmed. I said they had no right to suspicion us. Now certain Senators of the minority ask some pledges from the present majority. If the Democrats were right then, they are wrong now. At the extra session the parties were united in prosecution of the war. Are the skies any brighter now than they were then? The country is in no better condition now than it was then. In my judgement it is not improved on particle. Senators say they have been deceived in Abraham Lincoln. That is very true; they may say it justly. And if they have, have they not been deceived in Joseph A. Wright and James Hughes and fifty others I might name? Have not the opinions of Senators on this floor undergone a change? Are they prepared to say Hendricks and Turpie will not change.
Mr. COBB (interrupting.) As far as I am concerned, my opinion of Wright and Hughes has changed, and for that reason I am anxious to see Wright removed from the Senate of the United States. I can see no change as far as Hendricks and Turpie are concerned, they are embodyment of the Democratic sentiment of the people of Indiana and for that reason we desire to elect them. The Democratic sentiment is in a large majority in the State, and it should be represented in the Senate of the United States. That is why the elections should be had at once. As to the views of Mr. Hendricks and Mr. Turpie, they are known. The banner of the party was thrown to the breeze with their platform inscribed upon it, and it triumphed. The gentlemen selected to represent us in the United States Senate endorsed that platform.
Mr. MELLETT. The gentlemen says their platform was put forth, but I apprehend there is more than one Democratic Senator who did not approve of their 8th of January platform. But to come back to the main point. This Democratic party ought to adopt a gentlemanly course. If gentlemen would fix their minds upon the great issues at stake and lay aside the party a little while, I think it would be a great advantage to the country. The Republicans are as guilty in this respect as Democrats are. Perhaps their party prejudices are not so strong from the fact that they are not so old as the Democratic party, but for their age they have perhaps stronger prejudices. But I say in times like these we ought to come together. When I move to postpone the consideration of this resolution till to-morrow I do it in good faith. I cannot tell you just precisely what the minority will do at that time; but I say this, as far as I am concerned, on to-morrow the Senator from Monroe [Mr. Dunning] will know what I will do.
Mr. DUNNING (interrupting.) I hope the Senator does not understand me as impugning his motives.
Mr. MELLETT. No sir, not at all. But you must remember, gentlemen, that the minority are human as well as you on the other side. You have voted down every proposition we have offered. We offered all sorts of propositions with a view of getting something, but we have got nothing. I can stand all that, too, but it might induce some Senators to act ugly on our side and I do not want to see that done. God knows I will have nothing to do with making a party record for the next two years.
Mr. WILLIAMS. The Senator from Henry [Mr. Mellett] proposes to postpone this resolution till to-morrow morning at ten o'clock. I can see no good to result from it. We have delayed this thing to the sixth day, and now are asked to postpone it. Is there not ample time given? How was it when there was an election two years ago? were we allowed this time? No sir. Gov. Lane was installed Monday and before the Senate adjourned on Wednesday he was elected U.S. Senator. We were not prepared, but we offered no opposition. I hope the motion will be voted down and that the Senate will go into the election.
The Senate then adjourned till 2 o'clock.
page: 39[View Page 39]AFTERNOON SESSION.
Mr. JOHNSTON moved to concur in the House resolution with an amendment fixing the time of election for to-morrow at 3 o'clock p.m.
Mr. CLAYPOOL. At a time like this it becomes us to lay aside the partizan and act the part of true friends of our country, I am not here for the purpose of thwarting the will of the majority in the election of United States Senators.-- I grant it is the just privilege of Senators upon this floor to prefer the election of Thomas A. Hendricks to any other gentleman and as far as I am concerned I do not wish to place a straw in the way of the consummation of that object. I know that gentleman and admire his abilities and moral virtues, but there are those of us who are not acquainted with the position of that gentleman or his associate, who it is expected will be sent to the United States Senate, upon the vital questions of the day. It has been rumored upon the street and in the public press that these gentlemen entertain ideas that in my opinion will bring upon the State of Indiana anarchy and confusion. I trust in God I may be deceived in this, for I hope I have as much interest in the welfare of the State and country as any Senator upon this floor. I refer to the idea of suspending hostilities, and the further idea, following out the suspension of hostilities, of taking this State out of the Union under the guise of attaching it to the Southern Confederacy. But my personal associations here ameliorated my ideas and brought about a better feeling as far as I am concerned. I trust this thing will be delayed until we have a chance to confer and be one in the maintenance of the Union. This is the grand and controlling object of my action on this floor--the maintenance of this Union unbroken--the Union as it was before the rebellion commenced, without a single star erased. I say to Senators that I will go as far as the farthest in yielding up my own personal ideas for the maintenance of this Union.-- Feeling and knowing the responsibility of my position, although I hate slavery as I hate the very devil himself, I would rather see the institution of slavery covering every foot of territory upon God's green earth than to see this government of ours broken up. On the other hand, I would rather see the shackles of every slave broken than to see this government broken up. The question of slavery or no slavery is a question of minor importance to me. I feel that we are on a slumbering volcano and a hasty action, a want of mature judgment, a single movement of an inflammatory character, may send us out in rebellion. It matters not whether A, B, or C is in the Senate of the United States; I would as soon see Thomas A. Hendricks there as any other Democrat in the State of Indiana acting with you now; but it is a matter of importance that there should be good feeling existing amongst us--that the people should be one in the maintenance of this Union. I trust, although I have been thus candid in expressing my apprehensions, that they may be groundless, but it is apparent to Senators that these apprehensions exist, whether ill or well founded I cannot pay. I trust it will be delayed until next Tuesday, or if that be too long, give us a shorter time to become acquainted with each other.
Mr. LANDERS. I hope the amendment offered by the Senator from Putnam [Mr. Johnston] will be adopted. We have been here several days and have done nothing, and it is evident we will do nothing until something is done with this matter. The responsibility of legislation is upon the Democratic party and I am satisfied the opposition are aiming to make this legislation as odious as possible. I am astonished that so much fear of the Democratic party is expressed by gentlemen. They can find nothing to justify it, and this being the fact I am left to the conclusion that these gentlemen have been trying to make party capital. The main object of this party is to make out that the Democratic party is disloyal. I am inclined to defend the action of my party two years ago. I was one of the men that bolted.-- Why did we bolt? Not to defeat the election of United States Senator; that was not the question. But they got up a bill for the purpose of disfranchising the people of the State-- giving double, and in some instances treble to republican districts and only half, in many, to Democratic districts. Then it was that the Democratic party withdrew in order to preserve the rights of the people-- the right of a fair and equal representation. It was not to defeat the will of the people, as is the object of these men now, but for the purpose of sustaining the rights of the people. These gentlemen profess to be afraid of rebellion. Now in order to avoid rebellion how should they act? Certainly that party is responsible for rebellion that will throw itself in the way of the will of the people and deny the people the right of having their will carried out through their representatives. Certainly the way to keep down rebellion is to let the government move on in the manner it always has done. The people are the government and that party that throws itself in the way of their desire will be held responsible for it. I hope we will proceed straight along with our business. There is no need of putting off this election. We have spent about one sixth of our time and done nothing. It is not our idea to have the wheels of government clogged page: 40[View Page 40] this way. I am getting impatient about this matter. If these men are going to revolutionize and break a quorum they have their minds made up now. I will carry out the will of the people that sent me here as far as I am able, I care not what the consequences will be. If these gentlemen are going to break a quorum they might just as well act it out now.--We may just as well talk plain about this matter.
Mr. BLAIR. Mr. President: I had hoped before this election for United States Senators was brought upon us, that we might get some expression from the majority on this floor that would dispel the apprehensions alluded to by the Senator from Fayette [Mr. Claypool.] I hope with him that these apprehensions are unfounded; but there are indications in the papers of their existence. Now it was but a day or two ago that my eye happened to fall upon an article in the Sentinel addressed to one Jesse D. Bright. That man was expelled from the United States Senate for treason and this communication solicits rather, that the peoples' representatives should send him back. He responds by saying that he has always been opposed to the coercive policy of this administration, and that he is now and ever has been opposed to all legislation in aid of the prosecution of this war for the suppression of the rebellion. And yet gentlemen tell us here, and I believe it, that the majority upon this floor, as a mere matter of policy dictated by their partizan tactics, purpose not to elect this man. Not because they do not endorse him. And have we not a right to have apprehensions that these men may not follow in the same footsteps of this gentleman who was expelled from the United States Senate?
Mr. COBB (interrupting) Does the gentleman mean to charge insincerity upon the majority here? If he does I would answer him that he has no right to demand of them that they define their position.
Mr. BLAIR. I do not mean to say these gentlemen intend any such thing, but I say that from what has been expressed in this Senate, these gentlemen do not propose to repudiate Mr. Bright on account of any principles he holds.
Mr. COBB (interrupting.) I will ask the Senator if he was not anxious that the Democratic party should nominate Mr. Bright?
Mr. BLAIR. I was not, and would not be willing to remain here and see these gentlemen elect him. But out of respect to the soldiers Indiana has sent into the field to aid in the prosecution of this war, and out of respect to the people who have apprehensions, I say it is nothing but just and fair that the election should be postponed until such a time as to afford us an expression of opinion upon these great I questions. I did not come here expecting the minority would resort to a bolt to delay the action of the Senate, but I ask these gentlemen to delay this question a week or a few days, until we have time to see whether there are further indications.
Mr. WOLFE. Mr. President: This is not a question that ought to be lengthily discussed and I do not rise to make a speech. I think that discussion will amount to no good; but I do protest against the charges that are made by implication on the part of the minority to beg this question. I take it that these gentlemen have no right, and it is absolutely wrong; for them to charge either directly or by implication, the intentions of what this body may be in regard to sustaining our country. I take it that the majority on this floor and throughout the State of Indiana have never done any act that should call upon them even these insinuations in regard to their loyalty. If I was disposed to bandy epithets or hurl back charges I could do so in the same language and with as much propriety, but there is no argument in that. I think gentlemen must see the impropriety of pursuing a course of that kind.
Mr. McCLURG. I stand upon this floor as one willing to go to the furthest mark to bring about unity of action on art occasion of this kind, but I think the demand made at this time, under the present circumstances, is unreasonable. I am decidedly in favor of the amendment proposed by the Senator on my left [Mr. Johnston] for I would not force nor urge the proposition as it came from the other end of the capitol, from the fact that I concede to the opposition the necessary rules that govern their party. I would not wish to force them into an election before they had sufficiently consulted one with another and presented their candidate, and to-night will afford them ample time and opportunity to act with the unanimity they may require, I am in favor of the majority ruling, and I recognize that principle in time of peace as well as in time of war. I regard it as being the heart and life blood of our institutions, and we must not only recognize it to-day and to-morrow but in all time to come. Whenever we disregard that great, principle which underlies the foundation of our government, that the majority shall rule, we bring upon ourselves anarchy and rebellion. It seems to me the apprehensions of gentlemen on the other side are unfounded. As far as I am concerned they may dismiss for all time to come the apprehension that the State of Indiana will ever go out of this Union by the action of the Democratic party. We are for the Union of all the States, and two years ago page: 41[View Page 41] we plead with the majority here to avert the danger that stares us in the face to-day:--we would much less consent that Indiana should be blotted out from it.-- Gentlemen need not entertain the thought that any candidate we will present for United States Senator will tolerate for a moment such an idea.
Mr. CLAYPOOL. If Thomas A. Hendricks was to favor the idea of Indiana joining the Southern Confederacy, would you go for him?
Mr. McCLURG. It is so preposterous a position I could not entertain it for a single moment.
Mr. MURRAY. If an amendment was before the Senate to postpone the election until next Tuesday I should vote for it, and if the next question turns upon the amendment offered, bringing on this election to-morrow at 3 o'clock, I should vote for that. We have had sufficient parley upon this question. We have had a committee of conference appointed by the President to take into consideration the difference between the two parties and they have conferred together and introduced propositions before the Senate and these propositions have been fairly and squarely met by both parties: and as a Senator willing to see the legitimate business of the State proceed, I am for getting rid of this question as soon as possible.
The amendment was agreed to by yeas 40, nays 6.
The resolution as amended was then adopted.
TO WAIT ON THE GOVERNOR.
The House resolution appointing a Joint Committee to wait on the Governor and ask when he will be ready to deliver his message was taken, up and concurred in, and Messrs. Brown, of Wells, and Browne, of Randolph, appointed the committee on the part of the Senate.
THE STATE OF THE UNION.
Mr. COBB offered the following preamble and resolutions which were referred to the committee on Federal Relations:
WHEREAS, Disagreements may arise in the present imperiled and calamitous condition of our country as to the best means of restoring to it the former peace, prosperity and happiness which it so long enjoyed; and whereas, this Senate, and every member thereof, "banishing all passion and resentment," and appealing to the higher and loftier sentiments of love of country, do desire, in the presence of imminent danger to our sacred Constitution, to do no act not consistent with the obligations which they owe to the people of Indiana and to the people of the several States comprising the American Union; and whereas, it is essential to the rightful progress of legislation that a united effort should be made to give force and vigor to those great elemental principles of popular freedom so intimately interwoven with our National and State Constitutions, and so dear to our people everywhere; and whereas, it is the anxious desire of all loyal citizens that their representatives and servants shall so conduct the public affairs that peace shall be speedily restored, rebellion against the laws suppressed, the Union re-established as it was, the National tax gatherer withdrawn from the States, the liberty of speech and of the press recognized as the sacred inheritance of freemen, the several Commonwealths again bound together in a union of brotherhood never again to be shaken by the devices of Secessionists or Abolitionists, and our gallant soldiers again allowed to return to their kindred and friends; and whereas, this great good can only be accomplished by the aid of the several State authorities acting in concert with, a patriotic National Executive and a Congress devoted to the Constitution; therefore,
Resolved, That this Senate, acting for and in behalf of the people of Indiana, regard the maintenance of the Union of the States us of the first importance, and that its members pledge to each other devotion to that sacred task, believing that while that Union exists we have the promise of present and future blessings for our beloved land; and we further declare that we are prepared to aid every departmental our State Government in upholding that Union, to. the extent of our constitutional powers.
Resolved, That we are opposed to all acts of the National Executive which tends to subvert the liberties of the people or to interfere with the rightful powers of the states; and declare in the language of General Washington, that "it is important that the habits of thinking in a free country should inspire caution, in those intrusted with its administration, to confine themselves within their proper constitutional spheres; avoiding in the exercise, of the powers of one department, to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus create, whatever may be the form of government, a real despotism. ****
To preserve [free institutions] must be as necessary as to institute them. But let there be no change by usurpation: " We adopt this language of the father of his country, and ask and acknowledge no higher badge of loyalty to our beloved country.
Resolved, That this Senate acknowledges its obligations to aid in defending, supporting and obeying the Constitution of this State and of the United States, and of upholding the Union made under and by virtue of that Constitution--that, for this purpose, it is prepared to unite with the Executive and other branches of the State Government in every proper measure for these desirable ends; but it is the solemn purpose of this Senate to abdicate none of its powers of legislation, nor to abandon any of its unquestioned rights for giving a full and fair expression of that popular will by which it was invested. It will hear all suggestions for the peaceable compromise of disagreements, but ultimatums, coming from what source they may, must be rejected. In the choice of agencies, for accomplishing the safety of the people and the Union, this Senate must have a voice.
Resolved, That this Senate has witnessed with regret, for many months past, a disposition on the part of the Administration and Congress, to abandon the policy to which it was pledged, at the beginning of this unhappy and deplorable civil war--that both the President and Congress have departed from their promises to the nation, and given sad and unmistakable proof that the country has been wronged in the objects for which this war has been conducted. The President declared in his inaugural message (and repeated the same in his annual message in substance) as follows: "I have no purpose, directly or indirectly, to interfere with the institution of slavery in States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so." And the Thirty-Sixth Congress, by a unanimous vote, declared, "That neither the Congress of the United States, nor the people or Governments of the non slave-holding States, have the constitutional right to legislate upon, or interfere with the institution in any of the slaveholding States of the Union." These sentiments of the President and Congress meet our hearty approval, and all acts in derogation thereof have our mature and decided condemnation.
Resolved, That the pledge of the present Congress, on the 22d day of July, 1861, in the face of
page: 42[View Page 42]the dangers which threatened the Capital, "that this war was not waged, on our part, in any spirit of Oppression, nor for any purpose of conquest or subjugation, nor for the purpose of overthrowing or interfering with the rights or established institutions of these States, but to defend and maintain the supremacy of the Constitution and to preserve the Union, with all the dignity, equality and rights of the several States, unimpaired" brought six hundred thousand men into the field in defense of our sacred institutions; and that it was in our opinion, "most unjust and ungenerous to give any new character or direction to the war," especially for the accomplishment of any mere party or sectional scheme, and that so far as this has been done, it meets the unqualified disapproval of this Senate, as it has of the State of Indiana.
Resolved, "That, (in the language of John J. Crittenden and the conservative members of the present Congress) the Constitution confers powers adequate to all the purposes of peace or war--that it is the same in war or in peace, on the battle field and in the halls of Congress, and ought to be sacredly observed everywhere--and the presumptuous idea that has been advanced by some of the Abolition leaders in Congress, that the existence of war invests Congress with despotic power, is a pretension as groundless as it is odious, and is to be utterly condemned by every man who has any regard for his own liberty, or for the Constitution of his country."
Resolved, That the frequent
arrest and incarceration in prisons of persons
resident in this and other States, without warrant
or authority of law, and without trial or
opportunity to confront their accusers, is a grave
offense against the Constitutions of this and
neighboring States, and one which calls for a
speedy and effective remedy. Whether these wrongs
have been perpetrated by National or State
authority, makes but little difference; but the
remedy is with the law making power, and that
remedy must be asserted. The freedom of speech and
of the press belongs to the citizen, and the law,
and not the President or Governor, must regulate
the abuse of those great agencies in popular
discussion. We adopt the language of Daniel
Webster (the great expounder of the Constitution,)
and declare: "important as we deem it to
discuss, on all proper occasions, the policy of
the measures at present pursued, it is still more
important to maintain the right of such discussion
to its full extent. Sentiments lately sprung up,
and now growing popular, render it necessary to be
explicit on this point. It is the ancient and
constitutional right of this people to canvass
public measures, and the merits of public men. It
is a home-bred right, a fire side privilege. It
has ever been enjoyed in every house, cottage and
cabin in the nation. It is not to be drawn in
controversy. It is as undoubted as the right of
breathing the air and walking on the earth.
Belonging to private life as a right, it belongs
to public as a duty. * *
This high
constitutional privilege we will defend and
exercise within this House and without this House,
and in all places--in time of war, in time of
peace, and at all times, Living, we will assert;
dying, we will assert it; and should we leave no
other legacy to our children, by the blessing of
God we will leave to them the inheritance of free
principles, and the example of a manly,
independent and constitutional defense of
them."
Resolved, That the emancipation proclamation of the President of the United States is, in the opinion of this Senate, an executive usurpation, a measure of great injustice to the nation, and is calculated to bring upon the country the dire calamities of permanent disunion, murder, bloodshed, rapine, and other nameless atrocities, and that the same ought to be promptly withdrawn. We adopt the language of John Quincy Adams, the learned and able statesman, now no more, and declare: "The principle is, that the emancipation of enemies' slaves is not amongst the acts of legitimate war. As related to the owners, it is a destruction of private property, no where warranted by the usages of war.* *
No such right is acknowledged as a law of war by writers who admit any limitation. The right of putting to death all prisoners of war in cold blood, and without special cause, might as well be represented to be a law of war, or the right to use poisoned weapons, or the right to assassinate."
Resolved, That this war, so long desolating the land, and wasting the blood and treasure of a kindred people, ought to be speedily brought to a close, either by the active overthrow of the rebellion by force of arms or by the more humane and Christian agencies of compromise and concession; and that we solemnly declare our conviction that one or the other mode must be soon successful, or the nation is undone. The majority of this Senate favored the latter mode of settlement, as the legitimate remedy for sectional passion; but the party in possession of the Government adopted the war policy, and its experiments have been attended with but little advantage. We suspect that the declaration of Secretary of Seward is to be fulfilled, and that war and coercion is no the rightful remedy for our troubles. In his dispatch to Mr. Adams, our minister to England under date of April 10, 1861, Mr Seward said: "For these reasons, he (President Lincoln) could not be disposed to reject a cardinal dogma of theirs [the seceding States,] namely, that the Federal Government could not reduce the seceding States to obedience by conquest, even though he was disposed to question the proposition. But, in fact, the President willingly accepts it as true. Only an imperial or despotic Government could have the right to subjugate disaffected and insurrectionary States. This Federal Republican system of ours is of all forms of Government, the very one which is most unfitted for such a labor." This Senate neither controverts nor adopts the theory to the despotism of coercion, nor the ability of the Federal Government to reduce to obedience the seceding States; but it may ask the world to decide, if that there be true for what has this carnage and desolation been inaugurated, and for what purpose do these graves open to receive the gallant soldiers of the republic? If it be for any purpose less sacred than the restoration of the Union, then this Senate declares that the war is unworthy the support of a civilized and Christian nation, and must end in the final overthrow of our present form of constitutional Government.
