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Union, and the same destiny, shall celebrate it as the birthday both of Independence and of the Great Restoration.

Sir, I repeat it, we are in the midst of the very crisis of this revolution. If, to-day, we secure peace, and begin the work of reunion, we shall yet escape; if not, I see nothing before us but universal political and social revolution, anarchy, and bloodshed, compared with which, the Reign of Terror in France was a merciful visitation.

NUMBER ELEVEN.

THE CONSCRIPTION BILL.

SPEECH DELIVERED IN THE HOUSE OF REPRESENTATIVES, FEBRUARY 23, 1863.

IN the last days of the late Congress, a law was enacted which gives the President power to call into the military service every man between the ages of eighteen and forty-five. No exceptions on the ground of color; and only a few special exemptions, at the head of which is the President. The Bill virtually admits that the war is no longer one to which the people give, freely, themselves and their substance; but a war whose further prosecution must be enforced by arbitrary power. The Constitution makes a distinction between the army and the militia; to the States, it reserves the right to control, officer, and discipline the latter, until mustered into the service of the United States This reserved right of the States the Conscription Bill disregards, and clothes the President with power to convert the entire militia into a Federal army, under his immediate direction and command; leaving out those who are able and willing to commute by paying three hundred dollars.

The Bill passed the Senate without much opposition: went through at midnight, when Democrats and Conservatives were not there to oppose it, or even record their votes against it. On coming to the House, the Chairman of the Military Committee gave notice of their intention to bring the Bill to a final vote, without debate. Its opponents could not muster more than thirty fighting men, but had such men as VALLANDIGHAM and VOORHEES for leaders, and deter

mined to give all the resistance parliamentary rules would permit, By perseverance and management, they brought the majority to a discussion of the Bill, and the war opened in earnest. A debate ensued which, for power, eloquence, strength of argument, and bold defense of constitutional rights, has not often been equalled. Inspired with the courage always given to those who are right, VALLANDIGHAM, VOORHEES, PENDLETON, and the others, standing unmoved against the strong current of despotism, boldly assailed the most dangerous and vulnerable features of the Bill. Its friends faltered, relaxed their hold upon one after another of their favorite despotic measures. They had determined to give the provost marshals power to arrest and hold civilians, but were compelled to insert a provision that persons arrested should be handed over to the civil authorities for trial. All that related to "treasonable practices" was stricken out, though retained in the "Indemnity Bill." Other important concessions were made; thus, by fearless, and manly courage, a few sacred constitutional rights were wrested from the hard grasp of despotism. At the most exciting moment of the conflict, Mr. V. addressed the House. BINGHAM, of Ohio, thought his "assumptions unworthy of any man who had grown to man's estate under the shelter of the Constitution." VOORHEES replied he "had held the House spell-bound with one of the ablest arguments he had ever heard.” Mr. VALLANDIGHAM said:

Mr. SPEAKER: I do not propose to discuss this bill at any great length in this House. I am satisfied that there is a settled purpose to enact it into a law, so far as it is possible for the action of the Senate and House, and the President, to make it such. I appeal, therefore, from you, from them, directly to the country; to a forum where there is no military committee, no previous question, no hour rule, and where the people themselves are the masters. I commend the spirit in which this discussion was commenced by the chairman of the military committee, (Mr. Olin,) and I do it the more cheerfully because, unfortunately, he is not always in so good a temper as he was to-day; and I trust, that throughout the debate, and on its close, he will exhibit that same disposition which characterized his opening remarks. Only let me caution him that he can not dictate to the minority here what course they shall pursue. But, sir, I regret that I can not extend the commendation to the gentleman from Pennsylvania, (Mr. Campbell,) who addressed the House a little while ago. His speech was extremely offensive, and calculated to stir up a spirit of bitterness and strife, not at all consistent with that in which debates in this House should be conducted. If he, or any other gentleman of the majority, imagines that any one here is to be deterred by threats, from the expression of his opinions, or from giving such votes as he may see fit to give, he has utterly misapprehended the temper and determination of those who sit on this

side of the Chamber. His threat I hurl back with defiance into his teeth. I spurn it. I spit upon it. That is not the argument to be addressed to equals here; and I, therefore, most respectfully suggest, that hereafter, all such be dispensed with, and that we shall be spared personal denunciation, and insinuations against the loyalty of men who sit with me here; men whose devotion to the Constitution, and attachment to the Union of these States is as ardent and immoveable as yours, and who only differ from you as to the mode of securing the great object nearest their hearts.

Mr. CAMPBELL. The gentleman will allow me-
Mr. VALLANDIGHAM. I yield for explanation.

Mr. CAMPBELL. Mr. Speaker: It is a significant fact, that the gentleman from Ohio has applied my remarks to himself, and others on his side of the House. Why was this done? I was denouncing traitors here, and I will denounce them while I have a place upon this floor. It is my duty and my privilege to do so. And if the gentleman from Ohio chooses to give my remarks a personal application, he can so apply them.

Mr. VALLANDIGHAM. That is enough.

Mr. CAMPBELL. One moment.

Mr. VALLANDIGHAM. Not another moment after that. I yielded the floor in the spirit of a gentleman, and not to be met in the manner of a blackguard. (Applause and hisses in the galleries.)

Mr. CAMPBELL. The member from Ohio is a blackguard. (Renewed hisses and applause in the galleries.)

Mr. ROBINSON. I rise to a question of order. I demand that the galleries be cleared. We have been insulted time and again by contractors and plunderers of the Government, in these galleries, and I ask that they be now cleared.

Mr. Cox. I hope my friend from Illinois will not insist on that. Only a very small portion of those in the galleries take part in these disturbances. The fool killer will take care of them.

The SPEAKER pro tem. The chair will have to submit the question to the House.

Mr. Cox. I hope the demand will be withdrawn.

The SPEAKER pro tem. The Chair will state, that if disorder is repeated, whether by applause or expressions of disapprobation, he will feel called upon himself to order the galleries to be cleared, trusting that the House will sustain him in so doing.

Mr. ROBINSON. I desire the order to be enforced now, and the galleries to be cleared, excepting the ladies' gallery.

Mr. ROSCOE CONKLING. I was going to say that I hoped the order would not be extended to that portion of the galleries

Mr. ROBINSON. The galleries were cautioned this afternoon. Mr. JOHNSON. And it is the same men who have been making this disturbance now. I know their faces well.

Mr. VALLANDIGHAM. I think, Mr. Speaker, that this lesson has not been lost; and that it is sufficiently impressed now upon the minds of the audience that this is a legislative, and is supposed to be a deliberative, assembly, and that no breach of decorum or order

should occur among them, whatever may be the conduct of any of us on the floor. I trust, therefore, that my friends on this side will withdraw the demand for the enforcement of the rule of the House.

Mr. ROBINSON. I withdraw the demand.

Mr. VERREE. I raise the point of order, that members here, in debating questions before the House, are not at liberty to use language that is unparliamentary, and unworthy of a member.

The SPEAKER. That is the rule of the House.

Mr. VERREE. I hope it will be enforced.

Mr. VALLANDIGHAM. And I hope that it will be enforced, also, against members on the other side of the Chamber. We have borne enough, more than enough of such language, for two years past.

The SPEAKER. The gentleman from Illinois withdraws his demand to have the galleries cleared. The Chair desires to say to gentlemen in the galleries, that this being a deliberative body, it is not becoming this House, or the character of American citizens, to disturb its deliberations by any expression of approval or disapproval.

Mr. VALLANDIGHAM. The member from Pennsylvania (Mr. Camp.. bell) alluded to-day, generally, to gentlemen on this side of the House. There was no mistaking the application. The language and gesture were both plain enough. He ventured also, approvingly, to call our attention to the opinions and course of conduct of some Democrats in the State of New York, as if we were to learn our lessons in Democracy, or in any thing else, from that quarter. I do not know, certainly, to whom he alluded. Perhaps it was to a gentleman who spoke, not long since, in the city of New York, and advocated on that occasion, what is called in stereotype phrase "the vigorous prosecution of the war," and who, but two months previously, addressed assemblages in the same State and city, in which he proposed only to take Richmond, and then let the "wayward sisters depart in peace.' Now I know of no one on this side of the Chamber occupying such a position; and I, certainly, will not go to that quarter to learn lessons in patriotism or Democracy.

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I have already said, that it is not my purpose to debate the general merits of this Bill at large, and for the reason, that I am satisfied that argument is of no avail here. I appeal, therefore, to the people. Before them, I propose to try this great question-the question of constitutional power, and of the unwise and injudicious exercise of it in this Bill. We have been compelled, repeatedly, since the 4th of March, 1861, to appeal to the same tribunal. We appealed to it at the recent election. And the people did pronounce judgment upon our appeal. The member from Pennsylvania ought to have heard their sentence, and I venture to say that he did hear it, on the night of the election. In Ohio they spoke as with the voice of many waters. The very question, of summary and arbitrary arrests, now sanctioned in this Bill, was submitted, as a direct issue, to the people of that State, as also of other States, and their verdict was rendered upon it. The Democratic Convention of Ohio, assembled on the 4th of July in the city of Columbus, the largest and best, ever

held in the State, among other resolutions, of the same temper and spirit, adopted this without a dissenting voice:

"And we utterly condemn and denounce the repeated and gross violation, by the Executive of the United States, of the rights thus secured by the Constitution; and we also utterly repudiate and condemn the monstrous dogma, that in time of war the Constitution is suspended, or its power in any respect enlarged beyond the letter and true meaning of that instrument. "And we view, also, with indignation and alarm, the illegal and unconstitutional seizure and imprisonment, for alleged political offenses, of our citizens, without judicial process, in States where such process is unobstructed, but by Executive order by telegraph, or otherwise, and call upon all who uphold the Union, the Constitution and the laws, to unite with us, in denouncing and repelling such flagrant violation of the State and Federal Constitutions, and tyrannical infraction of the rights and liberties of American citizens; and that the people of this State CAN NOT SAFELY, AND WILL NOT, SUBMIT to have the freedom of speech and freedom of the press, the two great and essential bulwarks of civil liberty, put down by unwarranted and despotic exertion of power."

On that, the judgment of the people was given at the October elections, and the party candidates nominated by the convention which adopted that resolution, were triumphantly elected. So, too, with the candidates of the same party in the States of Wisconsin, Illinois, Indiana, Pennsylvania, New Jersey, and New York. And, sir, that "healthy re-action," recently, of which the member from Pennsylvania (Mr. Campbell) affected to boast, has escaped my keenest sense of vision. I see only that hand-writing on the wall which the fingers of the people wrote against him and his party, and this whole Administration, at the ballot-box, in October and November last. Talk to me, indeed, of the leniency of the Executive! too few arrests! too much forbearance by those in power! Sir, it is the people who have been too lenient. They have submitted to your oppressions and wrongs as no free people ought ever to submit. But the day of patient endurance has gone by at last. Mistake them not. They will be lenient no longer. Abide by the Constitution, stand by the laws, restore the Union, if you can restore it--not by force-you have tried that and failed. Try some other method now -the ancient, the approved, the reasonable way-the way in which the Union was first made. Surrender it not now-not yet-never. But unity is not Union; and attempt not, at your peril-I warn youto coerce unity by the utter destruction of the Constitution and of the rights of the States and the liberties of the people. Union is liberty and consent: unity is despotism and force. For what was the Union ordained? As a splendid edifice, to attract the gaze and admiration of the world? As a magnificent temple-a stupendous superstructure of marble and iron, like this Capitol, upon whose lofty dome the bronzed image-hollow and inanimate of Freedom is soon to stand erect in colossal mockery, while the true spirit, the living Goddess of Liberty, veils her eyes and turns away her face in sorrow, because, upon the altar established here, and dedicated by our fathers to her worship-you, a false and most disloyal priesthood, offer up, night and morning, the mingled sacrifices of servitude and despotism? No, sir. It was for the sake of the altar, the

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