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the simple penalty, that any man taken in arms against the Government is taken as a prisoner of war, whether he be black or white or tawny, or whatever may be his complexion. Afterwards, when you come to determine on an exchange of prisoners, you can determine on what terms they should be released. I would have a law by which our generals, when they come to settle on the release as to prisoners, shall make the release of those black men thus employed dependent on the master's losing all right to them. For such a law, and such a bill, I will go most cordially.”
Mr. Stevens (Rep.) of Pennsylvania said, " When a country is in open war with an enemy, every publicist agrees
have the right to use every means which will weaken him. Vattel says, that in time of war, if it be a just war, and there be a people who have been oppressed by the enemy, and that enemy be conquered, the victorious party cannot return that oppressed people to the bondage from which they have rescued them. I wish gentlemen would read what Vattel says upon this subject. I wish the gentleman from New York, especially, would read the remark of Vattel, that one of the most glorious consequences of victory is giving freedom to those who are oppressed.” — "I agree to it," replied Mr. Diven. " Then how is it," asked Mr. Stevens, " that if we are justified in taking property from the enemy in war, when you have rescued an oppressed people from the oppression of that enemy, by what principle of the law of nations, by what principle of philanthropy, can you return them to the bondage from which you have delivered them, and rivet again the chains you have once broken? It is a disgrace to the party which advocates it. It is against the principle of the law of nations. It is against every principle of philanthropy. I, for one, shall never shrink from saying, when these slaves are once conquered by us, 'Go, and be free. God forbid that I should ever agree that they should be restored again to their masters ! I warn Southern gentlemen, that, if this war is to continue, there will be a time when my friend from New York (Mr. Diven) will see it declared by this free nation, that every bondman in the South belonging to a rebel, recollect; I confine it to them - shall be called upon to aid us in war against their masters, and to restore this Union."
On Mr. Pendleton's motion to recommit the bill to the Committee on the Judiciary, the House voted, - ayes 69, noes 48. Mr. Stevens moved to reconsider the vote by which the bill was recommitted. Mr. Kellogg moved that the motion be laid on the table. Mr. Burnett demanded the yeas and nays; and they were ordered, — yeas 71, nays 61.
On the 3d of August, Mr. Bingham, from the Committee on the Judiciary, reported back the Senate bill to confiscate property used for insurrectionary purposes, with an amendment, and demanded the previous question on the third reading of the bill. The amendment proposed to strike out all of section four of the Senate bill after the enacting clause, and insert,
“That whenever hereafter, during the insurrection against the Government of the United States, any person claimed to be held to labor or service under the laws of any State shall be required or permitted by the person to whom such labor oi service is claimed to be due, or by the lawful agent of such
person, to take up arms against the United States, or shall be required or permitted by the person to whom such service or labor is claimed to be due, or his lawful agent, to work or to be employed in or upon any fort, navy-yard, dock, armory, ship, or intrenchment, or in any military or naval service whatever, against the Government and lawful authority of the United States, then, and in every such case,
person to whom such service is claimed to be due shall forfeit his claim to such labor, any law of the State or of the United States to the contrary notwithstanding; and, whenever thereafter the person claiming such labor or service shall seek to enforce his claim, it shall be a full and sufficient answer to such claim, that the person whose service or labor is claimed had been employed in hostile service against the Government of the United States, contrary to the provisions of this act."
Mr. Vallandigham (Dem.) of Ohio called for tellers on ordering the previdus question: they were ordered, the House divided, and the tellers reported,
ayes 53, nays 42. Mr. Holman (Dem.) of Indiana moved to lay the bill on the table. Mr. Sheffield of Rhode Island demanded the yeas and nays.
Mr. M'Pherson (Rep.) of Pennsylvania asked Mr. Holman to withdraw the motion to lay on the table, to enable him to move to postpone the bill until December next.
The question was taken on Mr. Holman's motion, and lost, yeas 47, nays 66. The question recurring on the amendment of the Committee on the Judiciary, Mr. Mallory (Dem.). of Kentucky moved the House do now adjourn, and demanded the yeas and nays; and they were ordered, — yeas 30, nays 75. Mr. Bingham demanded the previous question on the passage of the bill; and it was ordered. Mr. Burnett demanded the yeas and nays on the passage of the bill; and they were
ordered. The question was taken, and it was decided in the affirmative, — yeas 60, nays 48,- as follows:
,YEAS. - Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, Baxter, Beaman, Bingham, Francis P. Blair, Samuel S. Blair, Blake, Buffinton, Chamberlain, Clark, Colfax, Frederick A. Conkling, Covode, Duell, Edwards, Eliot, Fenton, Fessenden, Franchot, Frank, Granger, Gurley, Hanchett, Harrison, Hutchins, Julian, Kelley, Francis W. Kellogg, William Kellogg, Lansing, Loomis, Lovejoy, M'Kean, Mitchell, Justin S. Morrill, Olin, Potter, Alexander H. Rice, Edward H. Rollins, Sedgwick, Sheffield, Shellabarger, Sherman, Sloan, Spaulding, Stevens, Benjamin F. Thomas, Train, Van Horn, Verree, Wallace, Charles W. Walton, E. P. Walton, Wheeler, Albert S. White, and Windom, — 60.
Nays. — Messrs. Allen, Ancona, Joseph Baily, George H. Browne, Burnett, Calvert, Cox, Cravens, Crisfield, Crittenden, Diven, Dunlap, Dunn, English, Fouke, Grider, Haight, Hale, Harding, Holman, Horton, Jackson, Johnson, Law, May, M'Clernand, M‘Pherson, Mallory, Menzies, Morris, Noble, Norton, Odell, Pendleton, Porter, Reid, Robinson, James S. Rollins, Sheil, Smith, John B. Steele, Stratton, Francis Thomas, Vallandigham, Voorhees, Wadsworth, Webster, and Wickliffe, — 48.
So the Senate bill to confiscate the property used for insurrectionary purposes, with the provision moved by Mr. Trumbull, making free the slaves used by the rebel forces, amended by the amendment reported by Mr. Bingham from the Judiciary Committee, was passed. It received the approval of the President on the 6th of August, and became, in the words of Mr. Breckinridge, the first " of a series of acts loosing all bonds."
FUGITIVE SLAVES NOT TO BE RETURNED BY
PERSONS IN THE ARMY.
SURRENDER OF SLAVES COMING WITHIN THE LINES OF THE UNION AR
MIES. - MR. LOVEJOY'S RESOLUTION. - NOTICE OF A BILL BY MR. WILSON. - MR. LOVEJOY'S BILL. - MR. SUMNER'S RESOLUTION. - MR. COWAN'S SPEECH. — RESOLUTION OF MR. WILSON OF IOWA. - BILL OF MR. WILSON OF MASSACHUSETTS. – MR. WILSON'S BILL CONSIDERED. - MR. SAULSBURY'S MOTION TO POSTPONE INDEFINITELY. - MR. COL. LAMER'S AMENDMENT. MR. POWELL'S SPEECH. — MR. COLLAMER'S SPEECH. - MR. WILSON'S SPEECH. - MR. PEARCE'S SPEECH. - MR. BLAIR'S BILL TO MAKE AN ADDITIONAL ARTICLE OF WAR. - MR. BINGHAM'S SPEECH. - MR. VALLANDIGHAM'S MOTION TO LAY THE BILL ON THE TABLE. - PASSAGE OF THE HOUSE BILL. - REPORTED BY MR. WILSON IN THE SENATE. — MR. DAVIS'S AMENDMENT. - MR. SAULSBURY'S AMENDMENT. — MR. MÓDOUGALL'S SPEECH. — MR. HOWARD'S SPEECH. — PASSAGE OF THE BILL. - MR. WILSON'S RESOLUTION CONCERNING THE SURRENDER OF FUGITIVES. - MR. GRIMES'S AMENDMENT. — MR. GRIMES'S SPEECH. — MR. SUMNER'S SPEECH. — MR. SAULSBURY'S SPEECH.
N the outset of the Rebellion, slaves inspired by the
hope of freedom came within the lines of the Union armies. Their masters often sought for them within the encampments, where they had hoped for protection and freedom, and demanded their surrender as escaped bondmen. While many officers refused to surrender these persons claimed as slaves, or to permit slave masters to seek for them within their camps, other officers readily permitted them or their agents, weaponed for violence, to search their camps, seize, bind, and bear away their trembling, despairing victims.