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iels, praying for pay as second lieutenant of Offices and Post Roads, to whom was referred There being no objection, the Senate prothe third Minnesota battery from the 3d of a bill (S. No. 236) to authorize and establish ceeded to consider the following resolution: February to the 28th of May, 1863, inclusive ; certain post roads, reported it with an amend Resolved, That there be published in pamphlet which was referred to the Committee on Mil ment.

form, for the use of the Senate, six thousand copios itary Affairs and the Militia.

Mr. ANTHONY, from the Committee on

of the addresses made by the members of the Senate MỈr. POLAND. I present the petition of

and members of the House of Representatives upon Naval Affairs, to whom was referred the memo

the occasion of the announcement of the death of Hon. George W. Tarleton, setting forth that he was rial of John Ericsson, praying for compensa;

Solomon Foot; and that Rev. Dr. Sunderland be at the commencement of the rebellion a resi tion for his services in planning the United

requested to furnish a copy of the sermon delivered

by him at the funeral of Senator Foot, to be published dent of Mobile, Alabama, and a loyal citizen. States war steamer Princeton and planning and with said addresses. He was the owner of property to the amount superintending the construction of the machin The resolution was adopted. of some five or six thousand dollars in the ery therefor, together with an opinion of the State of New York, bonds, mortgage, and

ADMISSION OF COLORADO.. Court of Claims in his favor, submitted a reother property; and proceedings were insti. port accompanied by a bill (S. No. 271) for the Mr. WILSON. I move to take up the motuted against the property on the ground that relief of John Ericsson. The bill was read tion to reconsider the vote by which the bill he was a rebel in arms against the Govern and passed to a second reading, and the report for the admission of Colorado was rejected. ment, and this without any notice to him or was ordered to be printed.

Mr. SUMNER. The question is whether the any opportunity to have notice; and the prop Mr. STEWART. The Committee on Pub Senate will take up the motion to reconsider. erty was confiscated and taken by the Govern lic Lands, to whom was referred a bill (S. No. The PRESIDENT pro tempore. That is the ment. He prays that it may be restored to 215) concerning certain land granted to the question. The question is, Will the Senate now him. I move the reference of the petition to State of Nevada, have instructed me to report || proceed to the consideration of that ject? the Committee on Claims.

it with amendments, for the purpose of having Mr. SUMNER. Mr. President, I hope the The motion was agreed to.

the amendments printed and the bill recom Senate will not proceed with the consideration POST OFFICE APPROPRIATIONS. mitted to the committee.

of that question to-day, and I assign two reaMr. RAMSEY. The Committee on Post

The amendments were ordered to be printed, sons why they should not proceed with it to-day. Offices and Post Roads, to whom was referred

and the bill was recommitted to the Committee | The first is that on looking about the Senate I the amendment of the House of Representaon Public Lands.

see many Senators absent who ought to be hero tives to the joint resolution (S. R. No. 29) for

Mr. VAN WINKLE, from the Committee on at the consideration of so important a question, the transfer of funds appropriated for the pay.

Post Offices and Post Roads, to whom was That is my first reason. The second reason is ment of salaries in the Post Office Department

referred a communication from the Postmaster || that this day in this city is dedicated to the to the general salary account of that Depart

General on the subject of a patent canceling cause of human freedom and human rightsment, have directed me to report it back with

and marking stamp used by that Department, of emancipation. The streets to-day are filled the recommendation that the amendment be

reported a joint resolution (S. R. No. 70) mak with a happy people, emancipated by act of concurred in. It is a very simple matter, and

ing compensation to Shaver & Corse, assignees, Congress, who are celebrating the anniversary I trust the Senate will at once consider the

for the use of a combined post-marking and of their rights. It is, sir, no proper day in which amendment.

canceling stamp by the Post Office Depart to proceed to recognize huinan inequality and By unanimous consent the Senate proceeded ment; which was read, and passed to a second in which to receive into this Union a commuto consider the amendment of the House of reading

nity which chooses to insult the age by appear. Representatives, which was to add to the joint

Mr. "EDMUNDS, from the Committee on ing here with a constitution setting at defiance resolution the following proviso :

Pensions, to whom was referred a bill (H. R. the fundamental principles of the Declaration Provided, That this joint resolution shall not be

No. 459) granting a pension to Anna E. Ward, of Independence. Sir, this is no day in which construed to increase the appropriations already reported it with an amendment.

to proceed with the consideration of that quesmade for the service of the Post Office Department. He also, from the same committee, to whom tion. I insist that this day shall be kept conseThe amendment was concurred in.

was referred the petition of Cornelius Crowley, || crated to human rights, that it shall not be given REGISTERS TO VESSELS,

praying for an increase of pension, submitted up to an atteinpt to recognize the overthrow of Mr. CHANDLER. The Committee on Com

a report, accompanied by a bill (S. No. 275) human rights. merce, to whom was referred the amendment

for the relief of Cornelius Crowley. The bill I may be told, sir, that there are but ninety of the House of Representatives to the bill

was read, and passed to a second reading, and colored persons in this distant Territory who (S. No. 89) to issue American registers to the the report was ordered to be printed.

are to be sacrificed. If there were but one, steam vessels Michigan, Despatch,

and William

Mr. KIRKWOOD, from the Committee on that would be enough to justify my opposition. K. Muir, have directed me to report it back

Pensions, to whom was referred a petition of Out of those ninety, more than seventy-five I with the recommendation that the Senate con

citizens of Linn county, Iowa, praying that a am told have borne arms for you in the late cur in the amendment of the House of Repre

pension may be granted to Mrs. Jerusha Wit war; and yet these people are now positively sentatives, with an amendment. As this is an ter, widow of Dr. Amos Witter, late surgeon

disfranchished in the constitution which it is important measure, and it is important that it

of the seventh regiment Iowa infantry, submit- | proposed to recognize.. Sir, if you choose to should be immediately acted upon, I ask the

ted a report, accompanied by a bill (S. No. do it, if you choose to insult the public sentiSenate to consider it now.

276) for the relief of Mrs. Jerusha Witter. ment of this age by such an act, do not do it There being no objection, the Senate pro

The bill was read, and passed to a second read to-day. ceeded to consider the amendment of the House ing, and the report was ordered to be printed. Mr. WILSON. Mr. President, I have made

this motion this morning in pursuance of a notice of Representatives to the bill, which was to add CONDITION OF SOUTHERN STATES.

which I gave yesterday. My colleague opposes to it the following words:

Mr. SHERMAN submitted the following res

it, as he has a right to do, although he was one And American registers, or enrollment and license, to the following-named vessels, that is to say, to the

olution; which was considered by unanimous of the most prompt men in the Senate to take sloop Jenny Lind of Wolf Island, of Oswego, New consent, and agreed to:

up the proposition to authorize Colorado to do York; the schooner Coquette, of Oakville; Trenton, of Trenton: Forest Queen ; Two Brothers, of Wal

Resolved, That the President be requested to fur- | precisely what she has done. He voted not

nish the Senate of the United States with any addilaceburg; Minetta, of Gapanoque; and Elizabeth,

only to take up that proposition in preference of Oswego, New York; the bark St. Elizabeth, of

tional official reports or information ho may have Provincetown, Massachusetts; the barks Advance received relative to the condition of the southern

to other business, but he voted for the bill to and Acorn, and schooner Asia, of Chicago, Illinois; people and the States lately in rebellion.

allow Colorado to make a constitution and the steamer Prince Albert, of Georgetown, District

come here, and that bill authorized her to make

INDIAN AFFAIRS. of Columbia; the brig Maitland, propeller Niagara,

this distinction or not to make it, just as she and steamboat Canadian, of Buffalo, New York; the Mr. STEWART submitted the following pleased. That bill did not even make a sug: schooner E. P. Ryerse, of Cleveland, Ohio; the resolution : schooner Eureka, of Marzaretta, Ohio; the brigan

gestion that she should secure equality before tine City of Toronto, of Erie, Pennsylvania; and the

Resolved, That the Committee on Indian Affairs be the law to all her citizens. On the 3d day of schooner Wavertree, of Cleveland, Ohio.

instructed to inquire into the expediency of transfer-
ring the Bureau of Indian Affairs from the Depart-

March, 1863, my colleague voted that the peoThe Committee on Commerce reported in

ment of the Interior to the Department of War, and ple of the Territory of Colorado should be favor of concurring in the amendment of the to report by bill or otherwisc.

authorized to frame a constitution, and that the House of Representatives, with an amendment, Mr. WILSON. I will simply say that I think President should admit her into the Union, as follows:

there is now a resolution of that character be when she framed it, on his proclamation. He And American registers, or enrollment and license, fore one of the committees. I have no objection, did not then propose to provide that she should to the following-damed vessels, that is to say, the ship Screamer, now called the Roamer, of Brunswick, however, to the adoption of this.

not make this distinction. He never suggested Maine; the barge Mary, of Detroit; the steam-tug The resolution was considered by unanimous | it; he did not dream of it. All of us on this Sampson, of Detroit; and the schooners Caledonia consent, and agreed to.

side of the Chamber, I think, voted for that and Enterprise, of Detroit; and the Anglo-Saxon, &

bill; and had Colorado framed her constitution Canadian-built vessel,

OBITUARY ADDRESSES ON SENATOR FOOT. The amendment to the amendment was

immediately, she would be in the Union to-day agreed to.

Mr. ANTHONY. I am instructed by the | just as Nevada is, for which he also voted. The amendment of the House, as amended,

Committee on Printing, to whom was referred Although I voted against taking up the propwas concurred in.

a resolution for printing the addresses delivered | osition when my colleague voted to do so, yete The title of the bill was amended by adding

on the announcement of the death of Hon. when it was up, and we came to a vote on the the words, " and for other purposes.

Solomon Foot, with the funeral sermon of passage of the bill, I voted for it; and the vote

Rev. Dr. Sunderland, to report it back without was 18 to 17; but it was not passed until March REPORTS OF COMMITTEES.

amendment, and recommend its passage; and 1864. Mr. RAMSEY, from the Committee on Post I ask for its present consideration.

Now, sir, the people of Colorado have availed 39TH CONG, 1st Sess.--No. 128,

themselves of the liberty which I gave them I find in a work by Mr. Bowles, entitled Mr. SUMNER. Is it not time to begin ? and which my colleague gave them, by our "Across the Continent,'' these words in regard Mr. LANE, of Indiana. It is perhaps time votes, and they have framed a constitution to this Territory and what he witnessed there: to begin, but we should have begun when we which they have presented here. I voted the Never was progress in wealth, in social and po- | passed the enabling act; and the vigilance of other day against that admission, but I must litical organization, in the refinements of American

the Senator from Massachusetts should not have home life, more rapid and more marked than in the confess that in doing so I did not feel satisfied brief history thus far of Colorado. Soon she will

slumbered on that occasion that I was dealing fairly with the people of enter the Union as a State, holding not only the ele Mr. SUMNER. It did not, as I shall show Colorado do not think it is fair play, after we

ments, but the acquired realities, of a noble and proud
one, and contributing largely, as she has steadily

you presently. passed the bill, which we did pass in 1864, and done, even as a Territory, to the common profit of

Mr. LANÉ, of Indiana. If he desired such after the most enterprising and vigorous men the nation. From the beginning Colorado has always a restriction it should have been proposed then. in that Territory, who agree with a majority

sent more gold to the East than she has brought back I ask the Senator from Massachusetts, if it may

in goods; and she is destined to be permanently a of us in this Chamber, have framed a constituprofitable partner in the household.”

not be considered irrelevant, whether he did not tion, and came here for admission, for us to Toward the close of his book, on page 353,

vote for the enabling act for Colorado; whether refuse their application on the ground of a dis Mr. Bowles says:

he did not vote for the enabling act for Nevada; tinction which they have made in their consti

whether he did not vote for the admission of tution, when we did not ask them to refrain

Looking back over our mining experience, and taking the average testimony of each district as

Nevada ; and whether precisely the same pro: from making such a distinction ; when we im equally reliable, I find myself impressed with tho vision does not exist in the constitution of posed no conditions on them ; when we did superior richness of the Colorado gold mines. Their

Nevada, which we admitted less than two years ore averaged as uniformly $100 a ton, as that of Nenot suggest any.

After this course of legisla vada, either Austin or Virginia, or of California docs ago by a deliberate vote? tion it seems to me too late now to raise a fifty dollars. The extraction is not as complete, be I think Colorado should be admitted for many question upon that point.

cause of the more intricate nature of the precious
deposits; but means to overcome this, though per-

reasons. They are a peculiar people, isolated That, sir, is my position. I have moved this haps at enlarged cost, seemed successfully initiated

some six or eight hundred miles from the reconsideration, and shall sustain it for the while we were there."

waters of the Mississippi, and some eight or reasons I have stated. I am free to say, how In view of the fact that we passed an en nine hundred miles, perhaps, from the Pacific ever, that I will vote for no more enabling acts abling act for Colorado, and that we imposed | coast. They have a peculiar mining interest, to allow the people of any Territory to frame no restrictions upon them in regard to their not common to the whole people of the United a constitution that shall make any such dis action ; in view of the condition of that Ter States. They think they require peculiar legis. tinction. Under no circumstances whatever ritory, of its vast mineral wealth, and of the || lation, and that their legislation at home will will I ever authorize any of the other Territo character of its population, I believe that its be more adapted to develop their interests ries which have not yet had enabling acts, to condition would be improved by admitting it than legislation here at Washington. They frame a constitution which shall make such a into the Union as a State. As to this inequal. I think they have peculiar interests which shonld distinction. We have advanced in the career ity of suffrage, we all know that it is wrong; be represented here in the person of a member of our progress to that position, and I think it we feel it now; and had we felt three years in the other House and Senators in this branch will be dishonorable in us to allow anything | ago as we feel and see now, we should prob- of Congress, and I can see no possible objec. of that kind. We, however, gave this people || ably have inserted a provision in the enabling || tiny to it. I feel that we are committed. We an enabling act, in which we did not tell them act of the Territory which would secure equal | anthorized the organization of a State governthat they should not make this discrimination, ity in this respect. I trust that such a pro ient, we imposed certain conditions, and we and did not even suggest it; and that enabling vision will be inserted in all future enabling said if they would comply with these condiact came, too, from the men of this body who acts. I do not think that the admission of tions they should be admitted as a State. They profess to be the strongest in their devotion to Colorado will commit us or embarrass us in have substantially complied with every single the equal rights of man.

any action that we may take in regard to other condition, not exactly in the time specified in Therefore, sir, I have made this motion, and Territories or in regard to any of the States the act, but time is not of the essence of this I hope that this vote will be reconsidered. I of this Union. I shall, therefore, give my contract. It is a continuing contract. We do not wish to press a vote upon the bill if vote for this reconsideration, and shall then expressed our willingness to admit them upon Senators desire it to go over until we can have || be willing to postpone the further consider certain conditions. They made one effort and a full Senate next week; and after the vote is ation of the bill.

failed. Upon the second effort they complied reconsidered I shall not object to the postpone Mr. GRIMES. There are other Territories with all our conditions, and I see no possible ment. I do not wish to crowd it down on any which have enabling acts just like it.

reason why they should not be admitted, no body. But I have entered this motion. Mİy Mr. LANE, of Indiana. This, as I under reason resulting from the time at which the only objection before to the bill for the admis stand it, is a motion to proceed to the con question is to be taken in the Senate, no reason sion of Colorado was in regard to this very sideration of this subject for the purpose of resulting from the nature of the case. I think matter of which I have been speaking. As to reconsidering the vote by which the bill for we should hail these new States, we should the alleged irregularity in their proceedings, the admission of Colorado was rejected. I build them up as soon as possible; and there that is nothing to me. Many of the States have hope that we shall proceed to consider the | is another reason: the moment a State governbeen irregular, and the United States were subject now. Gentlemen have been here ment is organized the Government of the Uniirregular in the formation of their constitu claiming to represent a sovereign State as ted States is relieved from the burden of the tians, but in the words of Mr. Madison, the vote Senators for the last two or three months. territorial organization, and that whole burden of the people settled all those irregularities. The subject has been referred to a committee; is thrown upon the people of Colorado.

As regards the population and condition of a report has been made, and full debate had I understand, also, that there has been a great this Territory, I have received a letter from on the subject in the Senate, and I see no misapprehension existing in the minds of many Professor Whitney. Few men of the country necessity for any further delay.

Senators in reference to the number of people possess the knowledge that he possesses in The reason assigned by the honorable Sen now in that Territory. A memorial has passed regard to California and all the Territories in ator from Massachusetts (Mr. Sumner) is that their Legislature memorializing Congress for the Rocky mountain region. He is thoroughly this is the anniversary of emancipation in this

the admission of their members, and stating acquainted with this Territory of Colorado, and District, and of course we should not take up positively that they have a population of fifty in his letter to me he says:

any subject of this kind upon this day. I cer thousand. I doubt not a great mistake has “I have witnessed the result of the late vote upon

tainly sympathize with the colored people of pervaded the minds of Senators in reference the admission of Colorado as a State with much regret, this District in celebrating their emancipation to the number of the population. believing that her mcrits have not been fully known, and believing that reports respecting her population,

as much as the Senator from Massachusetts or But it is said they are not able to bear the &c., have been made which have been erroneous.

any other Senator. I voted for that emanci burdens of a State government, and the taxa"The population of Colorado to-day is a more abid pation, and am proud of it. But I do not tion necessary to support the machinery of a ing one than ever before, and this summer will witness an emigration there greater, probably, than that

suppose that simply because this happens to State organization. They perhaps are as comof any other previous year. Our own State, Massa

be the day of that celebration, all public busi- | petent to judge upon that question as we are, chusetts, has probably more capital invested in Col ness should be delayed on that account. I do and they think they are able to bear all those orado to-day than any other State, and although you not know how many Senators desire to par burdens. Another thing is true: ten thou. would hardly imagine it, there is scarcely a man of wealth and position in this city who has not some

ticipate in that celebration. If those opposing | sand or twenty thousand or fisty thousand funds invested in Colorado. You may believe me the admission of Colorado desire to participate persons in a mining district are better able to personally interested when I assure you of my belief that Colorado is vastly richer in mineral deposits

in that celebration, they will have, I trust, no support the burdens of a State government than any other section of our country, but such con

difficulty in procuring a leave of absence for than a quarter of a million of people in an yiction in my mind is the result of personal acquaint the day until this vote can be taken.

agricultural country. They are wealthy; they ance with the different mining sections of the coun I am for the admission of Colorado. I voted try for which preëminent richness has been claimed.”

are continually developing the capital of the for it before. Colorado comes in with the word country; and they feel that their interests He sends me also a work of his, in which he "white'' as a prefix to the qualifications for hold-would be subserved by this organization. says of Colorado:

ing office and voting. I should prefer that that Another reason, important and controlling "She presents a region unequaled in its extent and word had been left out, but it has not been left with me, is that the people there have a loyal of incalculable value; one that has all the resources out in any single State organization of

any Ter and sound State organization. They have and supporting auxiliaries of an empire, with water in abundance, and vast fields of coal and wood, and

ritory that we have ever admitted. I believe come in here under our invitation, and I do inexhaustible veins of gold, silver, copper, antimony,

that there is no instance in the whole history not now propose to slam the door in their tin, nickel, lead, and iron; all of the essentials where of the admission of new States where that word faces. with to erect and build and pay for. ller agricultural resources alone are sullicient to attract immenso

white" has not been the prefix to the quali Mr. GRIMES. How far the opinions of immigration." fication for holding office and voting.

Professor Whitney, of Mr. Bowles, ouglit to

March, and who told me the day beforanyes bushe PRESIDENT" pro temporter House bill

influence the judgment of the Senator from and Harry who may come here from Colorado, finish his remarks on this subject, and that the Massachusetts upon a question of this I will state what a gentleman told me a very other business will be laid over informally. for him to determine. I think Professor Whit intelligent gentleman now of Montana, but Mr. SUMNER. I should rather the other ney, in his letter, if I did not misunderstand its formerly of my State, left Montana in business [Laughter. scope, admits that he is interested in this subject, and seems to doubt whether or not the terday that he believed there were six thou No. 238 is before the Senate in the absence of Senator himself would not think that his inter sand of the citizens of Colorado then on their any motion to postpone. est might preclude his giving a proper consid way to Montana and to Idaho.

Mr. POMEROY. I move to postpone all eration to his statement. But I have always Mr. SUMNER. I have heard the same. prior orders and proceed with the consideraunderstood that we decided these questions, Mr. GRIMES. And that he did not believe tion of this question. not upon the fact as to whether there was a there was more than two thirds the population Mr. CLARK. I can only express the hope certain amount of mineral resources in the in Colorado at this moment that there was dur that that will not be agreed to by the Senate, mountains of a Territory, but upon the ground ing the last winter. I do not ask anybody to because it will be remembered that we had up that there was human population enough in the accept that statement of the gentleman. I do the habeas corpus bill yesterday and proceeded Territory to support a State organization; and not adopt it myself. It may be true or it may with it to a considerable extent, and it was to whatever may be the opinions of either of those be false. I prefer to rely upon what is authen come up in its regular order this morning, and distinguished citizens from Massachusetts on a | tic, what we know to be facts, namely, the votes I hope we shall be able now to finish that bill. subject of this kind, they would have very little that have been given at the various elections When that shall have been done, I shall have influence with me.

in Colorado year by year, ever since she was no objection to any other bill coming up; but The Senator says that he thinks he is bound erected into a Territory; and if there be any. I do not like to have it interrupted in this way. by the action of the Senate, inasmuch as we thing like the same proportion of voters to pop Mr. SHERMAN. I hope that the Senator have passed an enabling act authorizing these ulation in that Territory that there is ordinarily || from Kansas [Mr. POMEROY] will allow a people to form a State constitution. We did. in a Territory, then I am irresistibly driven to motion to be interposed here that the further They made an effort to form a State constitu the conclusion that there cannot be to exceed consideration of the motion to reconsider (if tion, but did not succeed. There was the end fifteen thousand people in the Territory. that is up) be postponed until a day certain. of that transaction; our enabling act was func Now, sir, as I said the other day, I am not It had better be fixed for some day next week, tus officio; it died the moment the other party quite willing to say that a population of that when it may be disposed of. If we continue refused to recognize the proposition that we size and of that description shall be entitled to the consideration of the Colorado question now, laid down; and now we stand entirely uncom. come into the Senate and be represented, and it will take the whole day. mitted upon this subject. I understand that have the same power in our deliberations as Mr. POMEROY. My object was merely to the Senator himself, in the latter part of his the State of New York or Ohio or Pennsylva take the vote on the reconsideration now, and remarks, admitted as much as this when he nia; nor am I quite willing to give such an then settle a time for the consideration of the spoke of the irregularities in their attempt to inconsistent vote as I think I should be giving bill. be admitted into the Union.

if I should indorse this constitution of the State Mr. CLARK. The question of reconsiderBut the Senator says that his colleagué did of Colorado to-day, and then to-morrow come ation will lead to debate. I am perfectly willnot object, or did not put any limitations upon into the Senate under the leadership of the ing to allow it to be taken up for the purpose the people of Colorado so as to compel them Senator from Massachusetts, and undertake to of fixing its consideration for some future day, to send here a constitution that would not pre confer the elective franchise upon colored


but not to have the motion to reconsider diselude colored men from voting. Why, sir, ple in the seceded States.

cussed at this time. I am aware that that does not the Senator know that we have all Mr. SUMNER. Mr. President, the ques.

motion will lead to discussion. made vast progress since 1863? Has not the tion before the Senate, as I understand it, is Mr. JOHNSON. Certainly it will. Senator himself made vast progress since then? on taking this proposition up; and the Senate · Mr. CLARK. I was not here when the Have we not declared emancipation through will remember that in what I said I confined Colorado bill was up and considered by the out the whole land? Are we to be governed myself precisely to that point. I assigned two Senate before, and I should not feel myself, by the same principles that we acted upon at specific reasons why this matter should not be though I do not wish to delay the Senate, like that time? Now, what attitude are we placed proceeded with to-day. I did not undertake, letting the vote be reconsidered without some in here? I think the Senator from Massachu. the Senate will remember, to go into the gen opposition to it. But I do not urge that as a setts will vote with me, wherever we shall get eral question; I did not touch it. I made no reason why it should not be taken up. What an opportunity, to allow colored people to vote allusion to the enabling act, no allusion to the I desire is that we should keep to the order of under certain circumstances; and yet here he population, and no allusion even to the con business, and finish one thing at a time, and commits himself to the theory, in the face of stitution except so far as was needful to exhibit not lap one upon the other. If it can be taken the Senate and of the country, and he indorses the glaring inconsistency of proceeding to rec up and assigned for some given time, when we it by his vote, that it is proper for a State to ognize such a constitution on such a day as can comeat it considerately and with the under: be admitted into the Union with a perpetual this. That was all that I said.

standing that we are to take it up at that time, exclusion of all the colored people within the My excellent colleague, in reply to me, I am entirely agreed, because that will facilijurisdiction of that State from voting. Does undertook to open the whole case. He has tate the business of the Senate. it not strike the Senator as being somewhat reminded you of the resources and the min Mr. POMEROY. If it can be taken up and inconsistent? With what sort of a face can he eral wealth of Colorado. He has alluded to made the special order for to-morrow at one get up here to-morrow and insist that the people its population, and he has also invoked that o'clock, I am willing. I only want to dispose of the State of Virginia or the people of the State ancient, departed, extinct enabling act. Had of the question. of Tennessee shall allow certain classes of the my colleague been in his seat when on a former Mr. CLARK. If it can be considered as population in those States to vote when he occasion this question was amply discussed in the general sentiment of the Senate, that it says that it is competent and proper for the all its parts, when that enabling act was ex: may come up and be made the special order people of the Territory of Colorado to forever posed thoroughly, and it was shown that it had for some future time, I shall agree. exclude the colored population of that State by no possibility any application to the present Mr. CONNESS. I intended this morning from voting? Mr. President, I do not con case, he would not have introduced that point; || to vote for taking this subject up with the sider myself bound by any past action of Con certainly he would not have introduced it by special view of postponing it until the begingress to give so inconsistent a vote as that; way of showing any inconsistency on my part, ning of the next week, when there will probaand never, so long as I occupy a seat on this for on that occasion I fully met that suggestion bly be a full Senate; and I think the whole floor, will I consent to do it. and there was no one here to answer.

Senate is agreed to that. I hope that will be Now, with regard to the population in this Why, sir, the Senator from Iowa has already done. It is not a matter of much consequence Territory, everybody has the privilege to draw told you that the enabling act had expired. I whether a reconsideration shall proceed tohis own deductions from his own information have it before me; I will not read it; Sena day or not, if a day be fixed for its consideraon this subject, for we have not any official tors are familiar with it. It authorized certain tion. I hope the friends of the measure, or information in regard to it. Hitherto, when proceedings to constitute a new State. Those whoever has it in charge, will agree to fix its Territories sought to be admitted into the Union proceedings were had and they failed, and the consideration for Monday, Tuesday, or Wed: as States, there was an enumeration of the enabling act then and there failed and came to nesday of next week, when there will be a full population. There has been none here. One an end. All the obligations of Congress under | Senate. I have objected to taking up this man draws one conclusion from the facts that that enabling act then and there ceased. That question for two or three days, past, particu. are presented to his mind, and another an enabling act is at this moment of no value so larly while the Senator from Maine, who is ill, other. I draw my conclusion from the votes far as this question is concerned ; it cannot be | [Mr. FESSENDEN,] is absent, because I knew that bave been given in the Territory at the cited; it is useless to read it. It is simply a that he felt great interest in the subject, and regular annual elections from the foundation record of a past consent given by Congress, desired to be present when it is considered. of the Territory to this moment; and taking which, however, failed to be acted upon. I hope that a day will be named by those who that as a basis-and I think that it is the most The PRESIDENT pro tempore. The morn have the measure in charge, say Tuesday or accurate I can find I come to the conclusion ing hour having expired, it becomes the duty | Wednesday of next week. that there are not to exceed fifteen thousand of the Chair to call up the unfinished business The PRÉSIDENT pro tempore. The motion people in the Territory of Colorado. of yesterday, which is House bill No. 238. is to postpone all present and prior orders in if you are going beyond this record, if you are Mr. CONNESS. I hope the Senator from order to continue the subject which was laid going to accept the opinions of Tom, Dick, Massachusetts will be allowed to proceed to aside at the expiration of the morning hours


agree to that.


Mr. WILSON. I will simply say in regard | within sixty days, that they have got more than resentatives to the General Assembly of said Territo this question that I have no disposition to fifty thousand people—a solemn act of their tory, at the date of the passage of this act, shall be crowd it, because a measure cannot be forced Territorial Legislature-and the Senator says

qualified to be elected; and they are hereby author

ized to vote for and choose representatives to form & through here when a strong opposition mani- they have not but fifteen thousand. You may convention." fests itself. I wish to accommodate myself to prejudice a case by that sort of argument when That is, the electors, according to this enathe Senate, and for that purpose I give notice the question is not up. I hope the Senator | bling act, were the electors at that time, authornow that on Tuesday morning next I shall from Iowa, if he is willing that we should con ized as such by the territorial statutes. Holding renew this motion and adhere to it until we sider the question at all, will let us take it up. the territorial statutes in my hand, I showed can reach a vote on it if possible.

now and make it the special order for Tuesday you that when that act was pending in the SenThe PRESIDENT pro tempore. That is not next at one o'clock. I believe everybody will

ate of the United States, all persons, without the motion before the Senate. The motion

distinction of color, were authorized to be electbefore the Senate is the motion of the Senator Mr. GRIMES. Mr. President, the remark

That was the answer that I gave before; from Kansas to postpone the present and all of the Senator from Illinois, that those who are

that is the answer that I give now. Therefore, prior orders for the purpose of continuing the opposed to the passage of this bill are deter sir, I say that when I voted for this enabling discussion of the motion of the Senator from mined that it shall have no hearing, is uncalled

act, I did not vote with any idea that there Massachusetts. That motion of the Senator | for, is unworthy of him, and so far as I am con could be a discrimination founded on color; from Massachusetts is not now before the Sen cerned is not true. I have listened upon several

on the contrary, I voted with the positive con ate, and of course is not subject to be with occasions to the kind of lectures with which the viction that all possibility of such discriminadrawn by him. Senator is so familiar, and which he is so much

tion was excluded ; and still further, in that Mr. POMEROY. I am willing to withdraw in the custom of delivering here in the Senate,

very enabling act I voted for this proposition: my motion if by common consent or by an but so far as they apply to me, I wish to inform

"The constitution, when formed, shall be repubarrangement we can agree to some day certain him now that I am heartily tired of them, and lican, and not repugnant to the Constitution of the for the consideration of this subject.

I shall be exceedingly obliged to him if he will United States and the principles of the Declaration Mr. WILSON. I am told by several Sen withhold them in the future.

of Independence." ators opposed to the bill that they are willing Mr. President, what I said in regard to the Now, sir, I insist that the constitution which to take that course.

population of Colorado I said in answer to the has been presented to us is not republican, Several Senators. Let us fix a day. gentleman from Massachusetts, who called up and I further insist that it is inconsistent with Mr. WILSON. That is what I propose. this measure, (Mr. Wilson,) and it was not the Declaration of Independence. My excel

Mr. GRIMES. I rise to propose that by volunteered by me. And so far as it relates i lent colleague will certainly not maintain the universal consent we now agree that this mat to the memorial of the General Assembly of contrary of that proposition. He will not say ter go over until next Tuesday morning, and Colorado, if the Senator from Ilinois, with all that a constitution which undertakes to exclude that it be then taken up and made the special | his acumen, can convince the Senate that it is persons from their rights on account of color order.

possible for the General Assembly of the Ter is consistent with the fundamental principles Mr. CONNESS. Why not now make it the ritory of Colorado to memorialize and enact of the Declaration of Independence, and that, special order for that time?

a fact of which they are as ignorant as we sir, is the very requirement of this enabling Mr. GRIMES. That is what I propose. My | are, and convince us that we ought to adopt act for which I then voted. I insist that if you proposition is that the matter go over and by that statemení, he will show a great deal more appeal to that enabling act you shall appeal to general consent be made the special order for shrewdness and acumen than I have ever known it not in any particular part, but in its whole. Tuesday morning, him to exhibit thus far.

I appeal to it in that fundamental requirement Mr. RAMSEY. Why not Monday?

Sir, in perfect good faith I made the prop that what is done shail be in harmony with the Mr. SUMNER. No; not Monday. osition that by universal consent this question Declaration of Independence.

Mr. TRUMBULL. It is very manifest that should go over until Tuesday, and that then But, sir, I did not intend to argue the ques. there are certain members of the Senate who nothing else should be considered until it was tion. What I have said is merely in reply to are determined that this matter shall not be disposed of, and I am, I confess, not pleased my friend from Illinois. And now as to when considered. The question now is simply on with the manner in which that proposition is we shall proceed with this question. If Senataking it up, and upon that motion, in disregard met by the Senator from Illinois when he tells tors think they ever should proceed with it, if of what are the rules of the Senate, Senators us that those, including all of us, who are op Senators think that an effort like this to fly in have gone into a discussion as to the amount | posed to the passage of this bill are unwilling the face of the Declaration of Independence, of population, and the Senator from Massa that it should have a fair hearing in the Senate. to fly in the face of those fundamental prin. chusetts has assumed that he showed that the Mr. SUMNER. Mr. President, I have my ciples which we at this moment are striving law authorizing the people of Colorado to form ground of complaint against my good friend to carry out through so large a portion of our a State government was defunct and should from Illinois. I do not mean to be very severe, country should be for a moment tolerated in not be referred to and that nobody replied to however.

this Chamber, then I am willing that you should it. I have no doubt he thinks so. I tried to Mr. JOHNSON. Mr. President

fix a time to proceed with it. I think it ought reply to it in my feeble way. I tried to show Mr. SUMNER. I beg the Senator's pardon; not to be proceeded with at all. I think that him that in good faith Congress was committed | I do not give way.

the cause of human rights suffers every moment to the people of Colorado by that law. Of Mr. JOHNSON. I rose only for the purpose that you give to the consideration of the quescourse it did not amount to anything; but it of asking what is the question before the Senate. tion. But I began the debate this morning by is assuming a good deal to say that nobody Mr. SUMNER. The question is on post. | simply opposing your consideration of it toattempted to answer at all.

ponement, and I shall speak to the question, I day. If you choose to make a sacrifice of Now, sir, the enemies of taking up

this meas-
assure my friend.

human rights do it on some other day than this. ure propose

you shall put it off for a week. Mr. JOH SON rose.

Mr. TRUMBULL. Mr. President, it seems Sir, let it come up now, and let us now make The PRESIDENT pro tempore. The Sen that I have fallen under the animadversion of it the special order for some day when it can ator from Massachusetts is entitled to the floor my friend from lowa. be considered, and not when we meet here next and does not yield it.

Mr. DOOLITTLE. Allow meTuesday be opposed again by the same argu Mr. SUMNER. I said I have good ground Mr. TRUMBULL. I shall say but a few ments against taking it up at all. That is what of complaint against my excellent friend from words. we are met with to-day. The Senator from Illinois. He undertook to answer what I never Mr. DOOLITTLE. I hope my friend from Massachusetts, who called the question up, gave said ; that is, he attributed to me something and Illinois will allow me to make a suggestion to notice that he had no desire to have action on then he found it very easy to answer. Now, sir, || him. the bill to-day. He wished to call the subject | I never said that the argument that the enabling Mr. TRUMBULL. Very well. up;

he had made a motion to reconsider the act was defunct was never answered on this floor. Mr. DOOLITTLE. I think there is one fact action of the Senate that it had on a former I said that the argument was made. I made it; that has escaped the attention of my friend from day, and this reasonable request to call up a others made it; the Senator from Iowa, many Illinois, and that is a statement which was made measure which has the support, certainly, of Senators, made it. I did not say that it was not by the Senator from Iowa when he made his quite a number of Senators, and, I hope, may answered. I remember well the effort of the suggestion. He proposed that this question have of a majority, is met by the objection that Senator from Illinois to answer it. Whether should go over to Tuesday next, and be fixed it shall not come up at all. And the Senator he succeeded or not, I give no opinion. What by unanimous consent as the special order for from Massachusetts [Mr. SUMNER) tells us he I did say, however, was this: that on that occa that day. I think my friend from Illinois could has a speech to make. If he makes it he will sion the suggestion was made, which my excel not have heard that proposition, or none of this make it out of order, for there is nothing in lent colleague has made to-day, that I was guilty | subsequent debate would have occurred. order on this question except simply sugges of an inconsistency; and I said that then and Mr. TRUMBULL. I did not so understand tions as to the propriety of taking up the bill; there I answered that argument. My colleague | the Senator from lowa. I understood him to its merits cannot be gone into.

was not here, and he did not hear the answer, propose that it should go over and be taken up Now, let us take up the bill, and let it be and therefore he has to-day without knowing at that time, and not now made the special agreed to postpone it to the day named by the the facts revived that charge of inconsistency. order, as it could not be without taking it up Senator from lowa. He has made his speech; Holding the documents in my hand on that he has attacked Colorado on account of the occasion I showed that the enabling act pro Mr. DOOLITTLE. I understood the Sen. population. I am prepared to show by a reso vided as follows:

ator from Iowa distinctly to say, “fix it as a lution of the Legislature of Colorado, adopted "That all persons qualified by law to vote for rep special order."



Mr. GRIMES. I did:

ject from being taken up. I did not have the PROTECTION OF UNITED STATES OFFICERS. Mr. TRUMBULL. We cannot make it a Senator from lowa in my mind so particularly The PRESIDENT pro tempore.

The bill special order without first taking it up. The as the Senator from Massachusetts who had in Senator from Wisconsin must be aware of that. an informal manner announced that he had his

(H. R. No. 238) to amend an act entitled "An Mr. GRIMES. The proposition I made, speech ready.

act relating to habeas corpus, and regulating and repeated twice, was that by unanimous Mr. SUMNER. I have no speech ready;

judicial proceedings in certain cases,'' approved

March 3, 1863, is now before the Senate, as in consent it should go over and be made the I never said that.

Committee of the Whole, the pending question special order for Tuesday morning, and be Mr. TRUMBULL. I beg pardon. I underthen proceeded with until disposed of. stood the Senator to say that he intended to

being on the amendment of the Senator from Mr. DOOLITTLE. That was as I under

Vermont (Mr. EdmundS] to the first section of speak against taking the matter up.

the bill. stood it.

Mr. SUMNER. I began it, and I should

Mr. HENDRICKS. I thought there was a Mr. GRIMES. And the Senator from Mas- have gone on if I had not been arrested. sachusetts who has charge of this motion so Mr. TRUMBULL. I call that a speech, for special order for this hour.

The PRESIDENT pro tempore. There is a understood me.

when the Senator “goes on'' he always makes Mr. TRUMBULL. I supposed that when it a speech. [Laughter.] It seems that the Sen- yesterday takes precedence of the special order,

special order, but the unfinished business of went over we should have the same difficulty in ator from Iowa thought what I said was a

Mr. BUCKALEW. I call for the yeas and taking up the matter on Tuesday that we find reflection on him. Certainly anything of that

nays on the amendment of the Senator from to-day; but it seems in the few remarks I made kind was the farthest in the world from any

Vermont. I fell under the very serious censure of both intention of mine. I understand that there is

The yeas and nays were ordered. the Senator from Iowa and the Senator from no objection on the part of the Senator from

Mr. CONNESS. Many Senators have left Massachusetts, and especially the Senator from Iowa, and I hope there will be none from the

the Chamber, and this is an important vote. I Iowa. Now, sir, I never assumed to lecture Senator from Massachusetts, that we make

hope it will not be taken at the present time. anybody in the Senate, and least of all the this subject the special order for Tuesday next.

Senators have gone out for a few minutes, and Senator from Iowa. I should learn from him So far as I am concerned I am entirely satiswithout attempting to teach him anything.

suggest that the Senate take a recess for a fied with that. That can only be done by short time. [The procession of the colored The Senator from Massachusetts thinks that taking it up and then making it the special || citizens, in celebration of their enfranchiseI replied to the wrong part of his remarks. He order for that time. I am quite willing that understands that he made a statement which it should be done by unanimous consent.

ment, had attracted Senators to the balconies.]

Mr. TRUMBULL, They will be in, I supnobody replied to, and he reiterates it to-day, Mr. POMEROY. If it can be done by unan

pose. which was that when he voted for the enabling || imous consent, I will withdraw my motion. Mr. CONNESS. There is hardly anybody act he voted for an act which authorized all Mr. YATES. I rise simply to remark that

here to vote. persons, without regard to color, to vote in the I prefer the consideration of this question Mr. TRUMBULL. There is a quorum here, Territory of Colorado. Now, my distinguished || to-day for a reason directly the reverse of that

I think. friend from Massachusetts is laboring under a which seems to animate the Senator from Mas

Mr. BUCKALEW. Send the Sergeant-atmistake himself, if he will allow me to say so. sachusetts, [Mr. SŲmner.] I prefer that on

Arms after the absentees. · The truth about it is that the law of Colorado, the day that so many happy people in the

Mr. CONNESS. Then let there be a call when he voted for the enabling act, did not streets of Washington are celebrating the

of the Senate. allow colored persons to vote. The statute of anniversary of their independence we should Mr. JOHNSON. There is never a call of Colorado at the time the enabling act was passed set another star in the constellation of free

the Senate. confined the right of suffrage to white persons. dom. But, sir, I yield my objections and

The PRESIDENT pro tempore. The call The Senator from Massachusetts, therefore, consent to the postponement. when he voted for an enabling act that author Mr. WILSON. It seems to me everybody

of the roll will proceed on the amendment of

the Senator from Vermont. ized the persons qualified to vote by territorial is agreed in this matter, and there is no need

Mr. SAULSBURY. I ask that the amendlaws to form this State government, voted for of prolonging this controversy. an act confining the right of

ment be reported. ge to white Nr. POMEROY. With the understanding

The Secretary read the amendment, which persons.

that the question is to be taken up on Tuesday, Mr. SUMNER. Will my friend allow me I withdraw my objection,

was in section one, line twenty, at the end of the

section to insert: to correct him there?

The PRESIDENT pro tempore. The bill Mr. TRUMBULL. Undoubtedly. before the Senate is House bill No. 238.

Or so far as it operates as a defense for any act done

or omitted in any State represented in Congress durMr. SUMNER. The date of the enabling Mr. TRUMBULL. I want to know if the ing the rebellion and in which at the time and place act is March 21, 1864; it was then approved. || Colorado bill is made the special order for

of any such act or omission martial law was not in

force. My statement was, that when the Senate acted Tuesday next at one o'clock. upon this enabling act all our information was The PRESIDENT pro tempore. The Chair

Mr. CONNESS. I move, under the circumthat all persons in the Territory without dis is unable to answer the question.

stances, that the Senate do now adjourn. ["No,"

"No."'] tinction of color were electors, and we had Mr. TRUMBULL. I move that we post Mr. JOHNSON. I ask for the yeas and before us the territorial statutes authorizing pone other orders for the purpose of doing all to vote without distinction of color. Those that, and then it will be formally done.

nays on that motion. statutes were altered eight or ten days before The PRESIDENT pro tempore. The motion

The yeas and nays were ordered. the approval of this act. I stated that on the is renewed by the Senator from Illinois that

The Secretary proceeded to call the roll. former occasion in my remarks, and what I the present and all prior orders be postponed

Mr. NYE. I rise to make an inquiry whether

it would be in order to make a motion before said was that when the Senate acted on this in order to proceed with the consideration of

the vote is declared. bill it was supposed that all persons, without the subject named by the Senator from Illinois. distinction of color in that Territory, were Mr. CLARK. I simply desire to suggest to

The PRESIDENT pro tempore. Nomotion electors. The alteration was made in that the Senator from Illinois not to move to post

can be made while the Senate is dividing.

The result was announced-yeas 19, nays distant Territory between the action of the pone the bill now before the Senate, because

14, as follows: Senate and the approval of the act. then it will be away from the Senate, but to let

YEAS-Messrs. Conness, Cragin, Creswell, Grimes, Mr. TRUMBULL. Was made before the it be laid aside informally without a postpone Henderson, Howard, Howe, Lane of Indiana, Norton, approval of the act ?

ment, and let the other question come up by Nye, Pomeroy, Stewart, Sumner, Trumbull, Van Mr. SUMNER. Yes. unanimous consent and be made a special

Winkle, Wade, Williams, Wilson, and Yates-19. Mr. TRUMBULL.

NAYS-Messrs. Anthony, Buckalew, Clark,Cowan, Whether the Senator | order, and then this bill will come up.

Doolittle, Edmunds, Foster, Guthrie, Hendricks, from Massachusetts acted under a mistake of Mr. TRUMBULL. I hope that course will Johnson, McDougall, Saulsbury, Sherman, and Wilfact or not, I am not, of course, advised, ex be adopted. I will not move to postpone, but


ABSENT-Messrs. Brown, Chandler, Davis, Dixon, cept as he informs us. I presume he acted I ask that the Senate by unanimous consent Fossenden, Harris, Kirkwood, Lane of Kansas, Mor under a mistake of fact, as he seems to labor | allow the bill in reference to the admission of gan, Morrill, Nesmith, Poland, Ramsey, Riddle, under one or two mistakes to-day in supposing | Colorado to be made the special order for

Sprague, and Wright-16. that nobody tried to reply to this statement Tuesday next.

So the motion was agreed to; and the Senate when he made it before. I think the same The PRESIDENT pro tempore. The Sen. | adjourned. facts were drawn out then ; and the Senator, ator from Illinois asks that the bill now before I suppose, has not forgotten his vote in regard || the Senate be laid aside by unanimous consent HOUSE OF REPRESENTATIVES. to the other Territories where the suffrage was and that the motion to reconsider the bill in

Thursday, April 19, 1866. confined to whites. I suppose he has not for regard to the admission of Colorado be taken gotten his vote for Nevada. Perhaps he acted up. - The Chair hears no objection. That sub

The House met at twelve o'clock m. Prayer under a mistake then in voting to admit Ne ject is before the Senate, and the motion is that || by the Chaplain, Rev. C. B. Boynton. vada, or for the enabling act for Nevada. the vote rejecting the admission of Colorado

The Journal of yesterday was read and But, sir, these matters have very little to do be reconsidered. That question is before the approved. with the consideration of the question before Senate. Will the Senate reconsider the vote?

DISTRICT COURTS IN NEW YORK. us; and I do not mean to be betrayed into any Mr. TRUMBULL. I now move, in pursu

Mr. MORRIS, by unanimous consent, from personal altercation with either of the gentle ance of the understanding, that that subject be the Committee on the Judiciary, reported a bill men in regard to this question. I want to put postponed to and made the special order for (H. R. No. 134) to regulate the terms of the it upon its own merits. I thought I saw man Tuesday next at one o'clock.

United States courts in the eastern district of ifested here a disposition to prevent this sub The motion was agreed to.

New York, and for other purposes.


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