Page images
PDF
EPUB

other southern man complain of it; but the States? Did it destroy the rights of the peo- or further any such unlawful design of his concomplaint comes from our side. It comes ple as States? Did it repeal the Constitution? stituents as that would involve. from some of the people of the North who | Did it repeal the laws? If it did not, then The honorable Senator has spoken of the claim for themselves to be, par excellence, what did it do? If it had succeeded, as the || Secretary of State. Sir, I should think the Union men. They are the men who quarrel gentleman says, it might have done all that; patriotism of that man ought not to be impugned with the action of the President in this behalf, but it would have succeeded not in virtue of here. I think common decency, common reand they quarreled with Mr. Lincoln from the law but in spite of it. It would have succeeded spect for the character of a man whose history very outstart upon the same principle. They as a revolution, not as a legal right of seces- belongs to the world and to this age, who is passed a bill, which, I believe, authorized Mr. sion. Then the suppression of the rebellion, known in both hemispheres, and sympathy even Lincoln to do what he was doing, or pretty if we are honest, if we are true, if we intend for the wounds that disfigure him, ought to ennearly that, and he pocketed it. That was to stand upon the ground upon which we started title him at least in this Senate to a fair contheir support of Mr. Lincoln; and then, just out, restored the statu quo ante bellum. That șideration, and that he should not be subjected in the thick of the election, in the very thick is all

. It just brought everything to the place | here to misrepresentation and to the imputation of the canvass, some of these excessive party of divergence, to the point of departure. What of improper motives. It so happens that the men, some of these men who stand by the has the President done? Attempted to bring honorable Secretary of State, whether wisely Union party at all hazards, as long as it has it back there.

as the Senator from Michigan or unwisely aca big majority at its back, issued a protest charging Mr. Lincoln with being a usurper and executive, a legislative, and a judicial. These him, holds that the President is right in this a tyrant because he had pocketed this bill of three departments are distinct and independent matter. Hon. William H. Seward, a name, I theirs which they had passed, showing their of each other; coördinate. The President, the venture to say, as high and as proud as any plan by which the thing was to be done. I met Executive of this Government, acknowledges that will grace the Valhalla of American heroes à Dutchman in my State during that canvass, the relations of these States to the Union. The in the future, agrees with the President; and and he told me he had just been at a Republi- || Supreme Court of the United States, the high- William H. Seward disagrees with the honorcan convention, and he had heard one of these est judicial tribunal of the land, the other day able Senator from Michigan. protestants make a speech, of course in favor opened its dockets and recognized the rela- And then Thermopylæ is invoked, Leonidas of the Republican nominees. “Well,'' said I, tions of these States and their citizens to the and his Spartans are told into the pass, and "what did he say?" "Well," he said, “hé || Union. The third department, Congress, has the honorable Senator from Michigan is there was very hard on the President for about an refused. Why? Because the honorable Sen- in front of them! What for? To oppose Mr. hour, and then he got better." That was the ator from Michigan and certain other honor- Seward and Mr. Seward's perfect rehabilitakind of speech in which Mr. Lincoln was sup- able Senators say it is not safe to admit them. tion. ported; the fore end of it, about an hour, was Although in the bitterest war that ever was Mr. President, the American people are taken to abuse him for his usurpation and his | waged, in the greatest conflict of arms that the not going to be frightened out of their protyranny in attempting to sustain and support modern world at least has witnessed, we have || priety about that. I think, and I believe it these southern corporations for the benefit of been their vanquishers, we have compelled cannot be disputed, that if there is one voice their citizens; and then the last part of it was them to submission; although we have a pop- in this land potential upon this question, poten• a little better, not so bad.

ulation three times as many as theirs, and a tial for prudence, potential for moderation, The honorable Senator from Michigan asks representation two or three times as great as potential for humanity generally, it is the voice triumphantly, apparently—and indeed words theirs, it is not safe to admit them! Would of William H. Seward, and as many of your seem to have so little meaning here that any- it not have been much more prudent to have new recruits, as many of your new zealots as thing may be asked and nothing may be an- taken Democratic advice at the outstart, if that you can hatch out of the hot-bed of these turswered satisfactorily-where has the President is so? The Democrats said, “Why make war? bulent times may come here and attempt to power under the Constitution to confer politi- Do not make war; if you do you will embroil assail his motives and his designs, the Americal rights upon anybody? Nobody ever con- and you will embitter this contest so that it can people, nevertheless, will remember him, tended that the President conferred political never will be safe to admit them." Why did | and abide his counsel, or I am very much rights upon any one; and I go further, and we make war? Because we believed that? Not mistaken. fling it back into the teeth of the advocates of at all. We made the war because we believed William H. Seward has given evidence, evithis doctrine, that Congress cannot confer po- that men were governed by common sense, dencesuch I may say as none of these modern litical rights upon anybody. What right has that they were actuated by motives of common zealots have given-he has given it as well as the Congress to confer political rights upon the interest, and that it would be perfectly safe to President of the United States-that he is in facitizens of States? Thank God, the citizens admit them the moment the rebellion was put vor of the country, and the whole country; that of States hold their title by a higher one down. That is why we made the war, and that he is in favor of the freedom of the people, the than Congress can confer. They derive their is why we avowed the purpose.

But times whole people, not simply the freedom of the rights from the fact that they are States, free, have changed, the tables are turned. Now, | negro, but the freedom of the whole people; independent States, bound only by their con- that party which was foremost in making the that he is in favor of giving to the American stitutional obligations. I have heard about as war, foremost in declaring its purpose, is fore- people their rights, and they can very readily much balderdash here on the subject of State most to declare that the war was a failure and believe that he will not adopt the conquering rights as I ever heard in my life; but have the that this thing cannot be done, and avows here | theory of the honorable Senator from Michigan. States no rights? Is any man mad enough to openly again upon the floor of the Senate, and No man has ever heard him cry ve victis. pretend that States have lost all their rights by a member of that committee who has a right Mr. President, this theme is exhaustless; this because a few citizens claimed a right of se. to know, who has taken the testimony and se- subject has no limits, it can have none save in cession, which never was a State right, and lected the witnesses, I have no doubt, to prove the Constitution and the laws. There is no rewhich, if it is a right, is a right to travel over it, that that people are utterly unfit to be re- construction, there is no plan of reconstruca bargain you have made, and to break a law stored to their rights, and that it is utterly tion except that which is involved in obedience which you yourself assisted in the making of. unsafe that they should come back into the of the laws; and the man who supposes there The right of secession which has been claimed Union. Now, sir, if that is true, that is the is a hope of it is, in my judgment, still more as a State right never was a State right; but most formidable declaration of disunion that I mistaken than the man who now asserts that the right to say who shall wield political power have ever heard; and that establishes disunion the Union is gone, and gone irreparably, from in a State is a State right. States have rights as a fact. I think no man I know of is mad

the hearts of the southern people. In either to make their own laws for the purpose of ad- enough to suppose that you can maintain a event this doctrine is dieunion : in either event ministering justice between their own citizens, Union at the point of the bayonet. The hon- this doctrine shuts the door of hope. and this General Government has no right to orable Senator from Michigan does not pre- Mr. President, I do not believe, I cannot interfere in any way. States have their rights tend that that is union. That may be conquest, believe, I will not believe now, standing over under the Constitution just as well as the Gen- but it is not union.

the graves of two or three hundred thousand eral Government has rights over the States He has adopted another very strange theory. American citizens fallen in the strife of the under the Constitution.

He says that in the committee of fifteen it has | Union, that there can be no Union. What Then I say the President never pretended been shown beyond all peradventure that the conceivable, what possible interest has any that he could confer political rights upon either constituencies of these men are disloyal ; man to disseminate this doctrine among our the rebel States or the loyal States, or upon whether the men themselves are loyal or dis- | people? Why is it that men go about from day the people of one or the other; but what he loyal, whether they be traitors or whether they to day trumpeting the unfitness of the southern did pretend to do was to stand over these peo- be true, is of no consequence; their constitu- | people for a Union, and yet calling themselves ple while they regained their lost rights, rights encies are inherently and essentially disloyal ; Union men? Who has made the people of the which they had lost in this war of rebellion; and then, although he talks of non sequiturs, North believe that this breach has been so rights which had been in abeyance in that he turns around and triumphantly asks, what widened, that this gulf is so impassable, that we storm which swept over the country. He stood are they here in Congress for but to carry out never can be friends again with our southern there the faithful guardian of the public weal, the treasonable will of their constituents? If brothers? Who is it that does it? Are they in order that they might come back and regain ever there was a non sequitur in the world, Union men, I ask? In the case of a quarrel that which had been attempted to be taken

that is one.

I care not whether my constit- between two men, what kind of a union friend from them,

uents be treasonable or not treasonable, I am would he be who would go from the one to the Was that conferring political rights? What not here to commit treason for them. No man other and say, “He hates you, he hates you in did the rebellion destroy? Did it destroy the is bound to yield to any such unlawful desire the very innermost recesses of his heart," and

was it.

then go to the other and

say,

He would stab to me getting into power, however much I Sir, self-respect for this Government, selfyou behind if he had a chance?”! Would that might suppose it would affect in a small way respect for the American people, self-respect beto make union, reconciliation, between these the interests of my State or of my section, for our institutions and laws all forbid it. We parties? And who does this thing? It is not yet I am willing to bow to the behests of have no terms to offer, we ought to have no the President who does it. It is not Mr. Seward the people in that behalf. I await the ac. proposals to make, except this: obey the Conwho does it. It is not the Army who does it. tion of their constitutional majority expressed stitution and the laws. That we can compel It is not the Navy who does it. Who does do through the constitutional forins; and the man them to do, but you cannot compel them to it? I will tell you, Mr. President, it is a fac- who is unwilling to do that and unwilling to adopt new propositions and give new guartion in power here, tasting the weets of power, trust it is a secessionist, and belongs to pre- antees; and I should say that we have no right enjoying its exercise, and they tell you that cisely the same school of secession as that to do it, unless this Government is to be entirely these people are unfit to come in; and why? which flourished in 1860. That was secession. changed in its nature, in the nature of its maBecause, come in as they may, there can be Had anybody invaded the rights of secession- | chinery, and in the rights which are to be conno reconciliation with them. That is disunion | ists? Had anybody trenched upon the rights of ferred upon it; and if it is, in God's name, again. What was said the other day in the the southeru States? No; but the secession- why not let us know it? If there is to be no House which sits at the other end of this Cap- || ists said, “ Although you have elected your such thing as State rights, if this is to be a itol? 66 Without some measure like a recon- President by constitutional means and through consolidated Government, an actual de facto struction measure, when we come back again the medium of a constitutional majority, yet Government, administering the laws and justhese Halls will be filled with yelling rebels and We have a right to anticipate you." Anticipateticen es now administer them, why not bring

in hissing copperheads." What then is to be what? Anticipate what the honorable Senator done? Usurp, grasp power yourselves, remodel from Michigan anticipates and what every man that proposition and let us see it, let us meet the Constitution, remodel the laws, so that the who has no faith in the country and no faith it? If, however, it is to be such a Government few, not the many, can hold on to power. We in its institutions apprehends. “We antici- as the one we have been proud of so long, let may just as well come to it first as last; that pate,'' said they, " that your President will us preserve it; and instead of trying to patch is exactly what it means. Are you afraid the not be a constitutional President; that your it and mend it and change it and pervert it for Democrats will get the power? If you are, that | party will not be a constitutional party. It has a mere temporary political purpose, let us all is disunion. A man who is afraid of the other got the Abolitionists in it, and they have said stand by it proudly and strongly, and hand it party coming in, and who believes that that that the Constitution is a convenant with death down to our children with the same injunction other party will destroy the Government, is a and a league with hell,' and they will abolition- with which we received it from our fathers, disunion man, because he believes that which ize the whole country; they will destroy sla- and then we shall have fulfilled our duties is fatal to the very foundation of the fabric. I very; they will do this, that, and the other

and we shall have performed the functions of do not believe it, and I never did believe it. thing;' and what then? “We will get out American citizens. Much as I might belong to one of the great before they come.” That was secession. They The PRESIDENT pro tempore. The quesparties of the country, I never believed that the would not trust the Republican party; that tion is on the amendment of the Senator from other would destroy the Government if it came

Illinois; and the question has been ordered to into power. I believed it would not, and that Now, we are told you cannot trust the Dem- || be taken by yeas and nays. is why I was in favor of this Government. That ocratic party; you cannot trust either of the Mr. JOHNSON. I ask for the reading of is the difference between us and most other parties with the southern fraction of the Union | the amendment. Governments. In a monarchical form of gov- in its place in the legislative Halls of the The Secretary read it, as follows: ernment the people are not trusted; one party country. What are we going to do? Instead

SEC. — And be it further enacted, Tho no person will not trust the other, and they set up an of standing upon the Constitution and the

exercising or performing, or undertaking to exercise intermediate man and attempt to scaffold'him | laws, for which we made the war, and standing required to be willed by the advice and consent of the around in such a way as to preventa collision. there honestly, as brave men should, we have

Senate, shall before confirmation by the Senate reWe formed this Government upon the basis now a scheme to make a new Constitution and 1 ceive any salary or compensation for his services, that either of the great parties of the country new laws. Is not this the same thing precisely unless such person be commissioned by the President was safe to intrust it with. that the secessionists said in the winter of

to fill up a vacancy which has happened by death, You

resignation, or expiration of term, during the recess say

that if the Union is restored and you 1861? Did they not say we must have new of the Senate and since its last adjournment. give the people of the South their rights they constitutions, we must have new laws, we will come in and they will join the Democrats,

The question being taken by yeas and nays, must have the Constitution amended here, and and then the Democrats will have a majority | the Constitution amended there? Why? Be.

resulted-yeas 16, nays 23; as follows: over the Republicans. Suppose it be so; I

YEAS-Messrs. Anthony, Chandler, Clark, Harris, cause they apprehended difficulties. Now, in

Henderson, Howard, Howe, Lane of Indiana, Moram perfectly willing, if we save the Union.' I the process of time, in the revolutions of the

rill, Nye, Pomeroy, Rannsey, Sprague, Sumuer, Trumwill execute a release of all my right for office, l wheel of fortune, the very extreme northern

bull, and Wade-16. not only to-day, but in all time to come, if any

NAYS--Messrs. Buckalew, Cowan, Davis. Dixon, radical party find themselves in the position of

Doolittle. Edmunds, Fessenden, Foster, Guthrie, body will just insure the Union peace and the secessionists, distrusting the Constitution, Johnson, Lane of Kansas, McDougall, Morgan, Nesharmony. I trust everybody would. I think distrusting the law, distrusting the people, ap

mith, Norton, Poland, Riddle, Saulsbury, Sherman, there is no man so infatuated, personally and prehending some difficulty; and that is to be

Stewart, Van Winkle, Willey, and Wilson-23.

ABSENT-Messrs. Brown, Conness, Cragin, Cresapart from his

ties and party connections, | mended by new constitutions and new laws and well, Grimes, Hendricks, Kirkwood, Williams, Wright, but would be willing to do the same thing. I new guarantees. That is the word, I believe. and Yates--10. do not believe a word of it, and I tell you that That is a very fashionable word now.

So the amendment was rejected. if the southern States were represented here Mr. President, how absurd is all this. Sup- The amendments were ordered to be ento-morrow and came back and joined them- pose that we pass these bills requiring new

grossed, and the bill to be read a third time. selves with the Democrats of the North, they guarantees and imposing new conditions. Of It was read the third time, and passed. would meet with just the same resistance pre- course, as they do not now exist in the Con

EXECUTIVE SESSION. cisely from them that they now meet from the stitution and in the laws, they are to be proRepublicans if they should attempt any further || posed to the southern States for their accept- Mr. NORTON. I desire to call up Senate secession; and why? Just because it is as ance, and if you make a proposal to any one- bill No. 263, to authorize the Winona and St. much the interest of one party in the North as for his acceptance, in that is involved the right | Peter's Railroad Company to construct a bridge it is the interest of the other party to preserve that he has to refuse, if he chooses. I put it across the Mississippi river and to establish a the Union, and nobody, but a man who is to honorable Senators, suppose to-day you | post route. desirous of making mischief and desirous of make your proposal to South Carolina to accept Mr. FESSENDEN. I move that the Senate fomenting discord would ever take any other your new Constitution and your new series of proceed to the consideration of executive busi-. view of it. They may have different plans and laws, and suppose she refuses. What then? That bill will create some discussion, different policies, but the great end and object What are you going to do? Suppose the whole and the hour is rather late, and there are sonie of both is to preserve the Government, and eleven refuse; what then?

How are you

nominations that I think ought to be confirmed what is more and what is better, to preserve going to make them do it? I agree, if they || to-night. themselves and their fortunes and their fami- will all take up guns and attempt to shoot you, Mr. NORTON. If the Senator from Maine lies, and to preserve a prospect for their chil- you might take up a whole parcel of guns and will allow me, this bill has been reported from dren.

shoot a great many of them, and compel them the committee with some amendments. It is I am a Republican; and I am a Republican to lay down their guns; but you cannot make | quite short, and I do not think it will involve because I believe that; and I would as soon them accept your proposition. Then, if you

any discussion. undertake to commit personal suicide or any cannot compel it except by war, and you can

Mr. FESSENDEN. It is hardly a proper other kind of suicide as to go out and preach not compel it by war, unless they make war by | hour to take up a railroad bill. among my fellow-citizens that one half of them way of resistance, what are you going to do? Mr. NORTON. It is a short bill, and will were utterly diabolical and utterly corrupt, Just nothing. Then you have your trouble for || involve no discussion, I think. and desirous of overturning the whole of this your pains, and you will enjoy the delightful Mr. FESSENDEN. I cannot withdraw my fair fabric of liberty under which we lived so satisfaction of being backed down and backed motion. long and so happily. What is it but a proc- out by those whom you proclaim to be con- The motion was agreed to; and after some lamation of political suicide? I do not be- quered people, and whom you proclaim, upon time spent in the consideration of executive lieve a word of it; and however much I might the floor of the Senate, you hold by the point || business, the doors were reopened, and the lament the contingency of a party opposed of the bayonet.

Senate adjourned.

ness.

tee.

COURTS IN MISSISSIPPI.

IN SENATE.

sioner in the years 1851 and 1852, in the State have been adopted by the requisite majority, MONDAY, May 14, 1866.

of California, to supply an expedition to the and any State lately in insurrection shall have

Klamath country to settle difficulties with the consented to the conditions named in the bill, Prayer by the Chaplain, Rev. E. H. Gray.

Indians; which was referred to the Committee that State may be admitted, with an alterna: The Journal of Friday last was read and on Indian Affairs.

tive offering them, as I proposed before, with approved.

REPORTS OF COMMITTEES.

a slight limitation, amnesty for an extension PETITIONS AND MEMORIALS. Mr. WILSON, from the Committee on Mili

of suffrage by themselves in their State conThe PRESIDENT pro tempore presented to tary Affairs and the Militia, to whom was re

stitutions. I propose, in other words, to give the Senate a memorial of the Legislative Assembly of the Territory of Montana on the subject | commanding officer of the Indian brigade, and ferred the petition of William A. Phillips, late

them the alternative of enfranchising or dis

franchising-of disfranchising as proposed by of a territorial library, setting forth that they others, praying that bounty may be allowed to

the committee, or of enfranchising and receive have learned from reliable information that an the first, second, and third Indian regiments

ing amnesty. appropriation was made by Congress for a terunder the act of July 22, 1861, reported a joint

The PRESIDENT pro tempore. The Chair ritorial library for Montana, and that the library resolution (S. R. No. 87) to provide for the

will state that the bills and joint resolution to was purchased and put in charge of a Government official appointed for that Territory, and payment of bounty to certain Indian regiments;

which the Senator proposes to offer amendwhich was read, and passed to a second reading.

ments, are not now before the Senate; but that, although that official has arrived in the

Mr. CONNESS, from the Committee on

this will be regarded by the Chair as notice Territory and departed from it again, the library Post Offices and Post Roads, to whom was

that the Senator will, when these questions has not come to hand; and they therefore ask referred a joint resolution (H. R. No. 77) for

come up, propose the amendments which he the action of Congress in the premises. The the relief of Ambrose L. Goodrich and Nathan

has now submitted. memorial was ordered to lie on the table, and

Mr. STEWART. I desire now simply to be printed

Cornish for carrying the United States mail The PRESIDENT pro tempore also laid from Boise City to Idaho City, in the Territory

have an order for their printing. of Idaho, reported it with an amendment.

The proposed amendments were received before the Senate a resolution of the Legisla

informally, and ordered to be printed. tive Assembly of the Territory of Montana,

BILL INTRODUCED.

SOLDIERS' AND SAILORS' ORPIIANS' Fair. protesting against the proposed division of that Mr. CONNESS asked, and by unanimous Territory ; which was ordered to lie on the consent obtained, leave to introduce a joint Mr. MORRILL asked, and by unanimous table, and be printed.

resolution (S. R. No. 89) to provide for the consent obtained, leave to introduce a joint Mr. WADE presented the petition of Mrs. payment of claim of Martha A. Estill

, admin- | resolution (S. R. No. 88) authorizing the Sec: Sarah E. Brewer, praying for an extra pension istratrix of the estate of James M. Estill, de- retary of War to grant the use of certain lum. in consequence

of the loss of her husband and ceased; which was read twice by its title, and ber for the fair for the Soldiers' and Sailors' two sons in the Army; which was referred to referred to the Committee on Indian Affairs. Orphan Home; and there being no objection, the Committee on Pensions.

it was read three times and passed. It pro

RECOMMITTAL OF A REPORT. Mr. WADE also presented a memorial of

poses to authorize the Secretary of War to many colored persons, praying Congress to

Mr. NYE. I move, by the consent of the

grant the use of lumber, not demanded by the enact a law by which all able-bodied loyal male chairman of the Commitiee on Revolutionary

Department for immediate use, for the ereccitizens over eighteen and under forty-five years Claims, to recommit the report that was made

tion of temporary buildings in the city of Washof age shall be drilled and inspected in each in the case of Frederick Vincent, administrator

ington for the national fair for the benefit of judicial district of the rebellious States once in of James Le Caze, late of the firm of Le Caze the Soldiers' and Sailors' Orphan Home. three months without regard to coloror race, that & Mallett, for the payment of money advanced life, liberty, and property may be made secure; during the revolutionary war, to that commit

LAW LIBRARY OF J. L. PETIGRU. also, praying Congress to enact a law by which

On motion of Mr. HOWE, the joint resoluno naturalized citizen of the United States who

The motion was agreed to.

tion (S. R. No. 79) to authorize the purchase, has levied war against the Government shall

for the Library of Congress, of the law library be permitted to occupy any position under the United States; which was referred to the Com

Mr. HARRIS. I am instructed by the Com

of the late James L. Petigru, of South Caromittee on Military Affairs and the Militia. mittee on the Judiciary, to whom was referred

lina, was read the second time and considered

as in Committee of the Whole. It proposes Mr. RAMSEY presented the memorial of

the bill (S. No. 310) to change the place of Commander B. M. Dove, protesting against holding the courts of the United States for the

to authorize the Joint Committee on the Lithe action of the Naval advisory board, and northern district of Mississippi, to report it

brary to contract with the heirs of the late praying to be restored to his proper rank in back without amendment, and I ask that the

James Louis Petigru for the transfer of the the Navy; which was referred to the Combill may be considered now.

law library left by him to the Library of Conmittee on Naval Affairs.

There being no objection, the Senate, as in

gress; and to appropriate the sum of $5,000 Mr. KIRKWOOD. I present a memorial Committee of the Whole, proceeded to consider

to carry into effect the purpose of the resolu

tion. from citizens residing in and near the village the bill, which provides that the district courts

Mr. WILSON. I should like to hear an exof Tabor, county of Frémont, Iowa, who rep

of the United States for the northern district resent that they have approved the decision of of Mississippi now required to be held at the

planation of this resolution. I do not know Congress not to receive any persons as repretown of Pontotoc shall hereafter be held at the

why this library should be bought. There may sentatives of the States recently in rebellion town of Oxford.

be a good reason for it; if so, I should like to

hear it. until Congress shall declare such States enti

The bill was reported to the Senate without amendment, ordered to be engrossed for a third

Mr. HOWE. Mr. President, it is a collectitled to representation, and asking that no one of those States be declared entitled to reprereading, and was read the third time.

tion of books amounting to nearly sixteen hunsentation until impartial suffrage is secured to

Mr. ŠUMNER. I should like to know from | dred volumes, collected by the late James L. the Senator from New York the reason for this

Petigru, of South Carolina. There is a need all its loyal citizens. I ask the reference of

for more books in the Law Library; they are this memorial to the joini committee of fifteen

proposed change.
Mr. HARRIS. The place for holding the

especially required for the use of the Court of on reconstruction. courts for the northern district of Mississippi || the present Library, so that when the Supreme

Claims, which makes very heavy drafts upon It was so referred. Mr. SPRAGUE presented the petition of the

is now Pontotoc, which is a dilapidated town, Franklin Institution for Savings of Providence, inaccessible, with no railroads running through

Court and Congress are both in session it is Rhode Island, and the petition of Providence it, and with no convenience for holding a court

very difficult to get books from the Law Library County Savings Bank of the town of North there. It is proposed to change it to some town

to supply the demand made. There are a great Providence, praying that savings banks having

on the railroad, a convenient place where the many calls upon it, and very often books reno capital, and whose banking is confined to recourts can be accommodated. It is the desire

quired by parties in Congress are in use by ceiving deposits and loaning the same for the of the new district judge that this change should

parties employed in the Supreme Court. benefit of depositors only, and which are now be made.

The possession of these books would be of subject to a duty of five per cent., may be

The bill was passed.

great value to the Library, and that is one rea

son why we sought to make this purchase. The exempted by law from paying any further in

RECONSTRUCTION.

purchase has been urged upon us by a great ternal revenue tax; which were referred to the Mr. STEWART. I desire to offer, for the many individuals for another reason. It has Committee on Finance,

purpose of amendment to the joint resolution been thought by a great many very desirable Mr. WADE presented a memorial of voters (s. R. No. 78) reported by the committee of fif- that the United States should own the library and property holders in Alexandria city and teen, the proposition which I now submit. It formerly possessed by Judge Petigru. I never county, Virginia, praying that that city and delines what is meant by citizens,'' in the first had the advantage of a personal acquaintance county may be reannexed to the District of article of the proposed constitutional amend- with Judge Petigru, but I believe it is known Columbia ; which was referred to the Commit- ment, and strikes out the third section as re- to very many members of this Senate and to tee on the District of Columbia. ported by the committee.

the country at large that Judge Petigru was, in Mr. CONNESS presented the petition of I also desire to offer, as a substitute for the his lifetime, not the one, but almost the only Martha A. Estill, administratrix of the estate two bills reported by the committee, a bill em- one friend which the United States had in the of James M. Estill, praying for the payment | bodying both of those bills in one; and pro- city of Charleston holding the social position of a balance claimed to be due for beef fur- viding, further, that when the constitutional that he did. I hear it said on all hands that nished to the United States Indian commis. Il amendment, as I propose to change it, shall through all the difficulties which have occurred

we own.

between the State of South Carolina and the perfectly well known that law-books which cost States to appropriate a sum not exceeding United States Judge Petigru has uniformly a man five dollars originally may, in the course $5,000 to purchase these books, this library. been found on the side of the United States; of time, be bought very readily at auction for I do not discover any sham in that. that while almost everybody about him proved half a dollar or a dollar. It is very difficult Mr. FESSENDEN. Do you know anything disloyal, he was uniformly found loyal; and I for

many

of them to be sold at all. A library || about its value? • have seen testimony, not open to controversy, that is picked up by a lawyer in the course of Mr. HOWE. I never have seen the library.

that at different times during the history of the practice in a great many years is really of but I have seen a catalogue of the books. I have Government, he rendered most signal services very little money value. New books have

seen appraisals put upon them by book men to the United States. I have seen a letter from taken the place of old ones; new editions have in New York. , They differ in their estimates. a former President of the United States testify- taken the place of old ones; and the older edi- They value them at from $3,000 to $5,000. ing to the fact that during his Administration- | tions are really good for nothing in a money Mr. FESSENDEN. Did they see the books? I refer to the Administration of Mr. Fillmore- || point of view, except as waste paper, at the Mr. HOWE. I do not know whether they Mr. Petigru was the only man he could find, of end of the time when the lawyer terminates his have seen the books or not. It was supposed sufficient attainments, who would venture to business. That is the case with my library. It by the committee that $5,000 would be the take the office of district attorney of the United is not very valuable, but it cost me some money; full value of the library. I think it was the States in that district.

it would not sell for the sixth part of what I disposition of the committee to pay the full Moved by these considerations, a great many gave for it; and that is the case with all the libra- value of the library; it is my disposition. We gentlemen have urged upon us the propriety ries of old lawyers. We know nothing about could get along without these books. The of putting the library collected by him on the the value of this library. No inquiry has been Library does not ache for them.

If it did, we shelves of the Congressional Library. The made on the subject. That is probably the could get them in other quarters. I concede purchase is not a very large one. It has been character of it; it is the character of the library | all that; and I confess that my desire was stimreported that Judge Petigru died in impover- of every lawyer who has taken the trouble to ulated to make this purchase by what I had ished circumstances; that he left his widow | acquire one that I ever saw. They are of but known of the political relations and conduct nearly destitute. The money to be paid for the little money value. They were of value to the of the former owner of the library. I do not purchase of this library would be of essential individual who owned them while he lived, propose to the Senate to make a direct appro. help to her in her old age, and I am informed because he was accustomed to the books, and || priation to reward Mr. Petigru for his fidelity that it is really all that she has to maintain || they served him in place of others.

to the Government under which he lived and herself during the remainder of her life, which In the next place, this being a miscellaneous whose protection he enjoyed. That is not my cannot be very much protracted. I hope, there- i library of that sort, picked up in that way, it purpose. But if that man, who was true while fore, there will be no objection to making this can clearly be of no value to us. It would not he lived, when almost everything about him purchase.

be fit to put into the Congressional Library, was false to the core, left anything of value to Mr. FESSENDEN. I wish to inquire how and probably would not be worth the room it this Government which it is desirable to us to much it is proposed to give for this library. would take in the Law Library. We unques- own, I do think the fact that he was true, the

Mr. HOWE. The price is not to exceed tionably have different copies of all the books fact that the purchase of that value would be $5,000.

It is not pretended that these vol- a benefit to her whom he may fairly be supMr. FESSENDEN. I was consulted with umes are rare ones or of the best editions; and posed to have loved better than anything else reference to this proposition privately before it would only be lumbering the shelves proba- on earth-that fact, I say, seems to me not a it was acted upon in committee, and I gave my bly with mere waste paper if we had them. sham, but a real additional reason why we opinion very decidedly against it. I was not This is, then, merely an indirect way of giv. || should make the purchase. present when it was considered in the Commit- || ing $5,000 to this widow for what is really of The reasons why we should make the purtee on the Library, and therefore I do not feel no value to us, what we do not want, and should chase are, first, that it will supply not a sham bound by anything that was done there, be- consider of no value, perhaps, if we had ; books but an actual want in the Library ; second, that cause I gave no opinion in committee on the that would not be purchased by us from other it will give as value for the money we approsubject. Had I been there, I should have persons to put into the Library, either the Law | priate third, that it will furnish relief to the opposed the measure. I admit the merits of Library or any other. I disapprove of the prin- || wife of one who while he lived the GovernMr. Petigru. He was unquestionably a good || ciple of the thing, and I especially disapprove ment had great reason to be grateful to. It Union man, a very distinguished man, a very of the way in which it is done. If we have furnishes no precedent whatever that will be true man to the Union ; a very independent || any power to do it, let us do it directly, and of any danger. It furnishes simply a preceman, who incurred risks on account of his give her $5,000, rather than attempt to do a dent in which we purchase property that we Union sentiments; and so far I recognize his thing of this description. That it is brought want. merits; but, sir, my objection to this resolution to us, and we are asked to give this money for Mr. FESSENDEN. I ask the Senator what is twofold. In the first place, because a man it, only proves that it is perfectly well known proof there is that we want it. remained true to his duty, whatever might be that the works are not worth anything of any Mr. HOWE. Well, Mr. President, the Lithe circumstances under which he remained consequence to be sold in any other way. brarian who has charge of the Congressional true and under which he was situated, living On these grounds I think the proposition is Library did say to the committee that it would in the southern States, where, to be sure, it re- a very improper one. We cannot begin to sup- be of great convenience; it was composed in quired a great deal of virtue, I do not think it port the families of persons in the southern | the main of a class of works which were very would be safe to recognize the principle that States or elsewhere, however eminent they convenient for reference in the practice of the therefore, because he had happened to be an may have been, who simply remained true to Court of Claims, and would relieve the books eminent man, we are to provide for the support their duty and died poor. We have no proof now on the shelves very much of the demands of his widow or family in any way. There were whatever that Mr. Petigru suffered anything | made by those practicing in that court. a great many people in the South who were not or lost any property particularly on account That is the evidence upon which I made the in eminent positions who made as great sacri- of the difficulties that occurred. I believe, as remark that we needed it. It is not a prece. fices, because they sacrificed all they had, being || he was a very old man, a very eminent man, dent which calls upon us to vote a bounty or a poor persons, not eminent persons, not distin- and a non-combatant, the general understand. Il gratuity to every one who under adverse cirguished persons, but having an equal degree | ing and agreement was that he was to be let cumstances shall have been true to the Gov. of public virtue, who have remained true to the alone. I have not heard of any outrages being ernment of the United States. No such thing Union, and who have lost all. I do not see practiced upon him or upon his family in any is proposed, and I must deprecate the remark the propriety, unless you mean to go through way; and with regard to his family themselves, thrown in by the Senator from Maine that not with it and apply it to all, of picking out one

his children are not all very loyal persons. all the family of the late Judge Petigru are particular person, because he happened to be Some of them may be. One of then, at any loyal or have been loyal to the Government. more eminent and more distinguished than the rate, I have good reason to believe is not so. I never have heard any imputation upon the others, and making provision for the support || I dare say the widow is a very estimable wo- loyalty of his widow. It is for her benefit, and of his family, he being in civil life, and render- man; but taking it on the whole I think the her benefit alone, as I understand, that the ing no active service, but simply remaining true thing is very improper, bad as a precedent, | money which is proposed to be paid for this to his duty and refusing to concur in the rebel- founded on no principle, and the way in which library is to go. If his children were less faithlion. The precedent would be a bad one. Iit is done is a mere sham. I do not like it in ful than he, one or all of them, it is enough to recognize no more merit in him than I would any shape and shall vote against it.

say that they are not to be benefited in any in an humbler person, one of less distinction, Mr. HOWE. Mr. President, I am sorry to way by this purchase, or I am greatly misinperhaps of none, but yet who sacrificed all hé hear the Senator from Maine say that he will formed. had rather than' desert the country to which vote against this proposition. It is true he was I must say, Mr. President, in conclusion, his allegiance was due; and I see no reason not in the committee when this matter was that I do think it is well enough for the Govwhy, if we begin this, we should not go through || considered; but the proposition received the ernment of the United States to show a little with it. I regard this proposition as simply a assent of every member of the committee who || gratitude for any exhibition of distinguished mode of doing indirectly what we could not was present, and I was in hopes it would re- fidelity. I can myself subscribe to the truth constitutionally and properly do directly. ceive his assent, though I had not an oppor- of what the Senator from Maine has said, that

In the next place, we know nothing about | tunity of consulting him about it. I hope the his fidelity is no more to be commended than this library. If it is worth $5,000 it will sell Senator will at least reconsider his opposition, || that of a person less distinguished in social life for that; but unquestionably it is just like other so far as to concede that this is not a sham way than himself, less eminent in position than himlawyers' libraries—a library that probably cost of doing anything. It is a real, actual, bona self; and yet I am not sure that it is entirely hiin $5,000, but would sell for very little. It is ll fide way of asking the Congress of the United il correct as he states it. I think I can under

39TH Cong. Ist Sess.--No. 161.

stand that the temptations thrown about a man Intelligencer, in which he regretted what his as in Committee of the Whole, proceeded to in Judge Petigru's position, that the induce- State had done, her determination to secede, consider the bill (S. No. 263) to anthorize the ments to him to be untrue and unfaithful to and spoke with all the love and devotion to the Winona and St. Peters Railroad Company to the Government, might be stronger than those Union that any of us could feel, and stated that construct a bridge across the Mississippi river, around a person less eminent than himself; and he really had hoped, as he was living when the and to establish a post route, which had been if so, he is to be distinguished and commended Constitution was adopted, that he should not reported by the Committee on Post Offices and for his fidelity in proportion to the temptations die after the Union formed by the Constitution Post Roads with amendments. he had to go astray. Without entering at large was at an end. As far, therefore, as personal

The first amendment was at the end of secupon the merits of Judge Petigru, for I am in no motive could animate any member of this Sen- tion one to insert the following words: position and in no mood to attempt any eulogy | ate—and I am sure every member of the Senate And in case of any litigation arising from any upon him, if the Senate do not feel-any grat- is willing to do all he can to show respect for obstruction or alleged obstruction to tbe free nariitude I cannot invoke any or create any. If

gation of said river, the cause may be tried before the memory of a man like that, I should be

the district court of the United States of any State they do feel any disposition to be grateful for influenced, but I cannot agree to buy a library in which any portion of said obstruction or bridge such services as he rendered, here is an oppor- like this on the same ground on which I would touches. tunity to show the gratitude of the Senate in give $5,000 to the family.

The amendment was agreed to. as cheap a way as gratitude was ever exhibited Mr. HOWE. If the yeas and nays can be The next amendment was to strike out secto a man in the world. You can do it without withdrawn I should like to have the resolution

tion two, as follows: much cost to yourselves, and I think, under laid over. I see the purchase is to be made SEC. 2. And be it further enacted, That any bridge the circumstances, you had better do it. of the heirs.

built under the provisions of this act shall be built The joint resolution was reported to the Mr. CLARK. It can be laid over without as a draw-bridge, with a pivot or other form of draw, Senate without amendment, ordered to be en

and with a span over the main channel of the river, withdrawing the call for the yeas and nays.

as understood at the time of the construction of the grossed for a third reading, and was read the Mr. HOWE. Let it lie over; it will have to bridge, of not less than one hundred feet in length third time. be amended I see.

on each side of the central or pivot pier of the draw; Mr. FESSENDEN. I ask for the yeas and

and one of the next adjoining spans shall not be less The PRESIDENT pro tempore. It is moved

than two hundred and twenty feet in length: Pronays on the passage of the joint resolution. that the further consideration of the resolution vided, That said pivot draw shall be constructed at The yeas and nays were ordered. be postponed until to-morrow.

an accessible and navigable point in the river, and Mr. JOHNSON. I ask the honorable chair- Mr. HOWE. Perhaps the vote ordering the

the piers of said bridge shall be parallel with the

current of the river, as near as practicable: And man of the committee if there is any catalogue | resolution to be engrossed for a third reading provided also, That said draw shall always be opened of the books. ought to be reconsidered.

promptly, upon reasonable signal, for the passage of Mr. HOWE. Yes, sir. There was a cata

boats whose construction may not at the time permit

The PRESIDENT pro tempore. In order of their passing under the permanent spans of said logue shown to the committee.

to amend it, it would be necessary to reconsider bridge, except that said draw shall not be required Mr. JOHNSON. They are all old editions, that vote. The Chair will put that motion to

to be opened when engines or trains are passing over are they not?

said bridge, or when passenger traips are due; but in reconsider now if the Senator makes it. Mr. HOWE. The editions were not given

no case shall unnecessary delay occur in the opening Mr. HOWE. Yes, sir.

of said draw after the passage of such engines or upon the catalogue.

The motion to reconsider was agreed to.

trains. Mr. JOHNSON. If they are old editions; as I am rather fearful they are, they are com

The PRESIDENT pro tempore. It is now

And to insert in lieu thereof the following: paratively worth little or nothing. Their places | joint resolution be postponed until to-morrow. moved that the further consideration of the Sec. 2. And be it further enacfed, That any bridge

built under the provisions of this act may, at the are occupied by new editions with additional

The motion was agreed to.

option of the company building the same, be built as notes. No one thinks now of buying the older

a drai-bridge, with a pivot or other form of draw.or

with unbroken and continuous spans: Provided, That editions, what may be called the classical law

LEAVE OF ABSENCE.

if the said bridge shall be made with unbroken and books. I would ask the honorable chairman Mr. SPRAGUE. I desire to submit a mo

continuous spans, it shall not be of less elevation in also to whom the money is to be paid.

any case than fifty feet above extreme high-water tion that my colleague, Senator ANTHONY, be mark as understood at the point of location, to the Mr. HOWE. To the widow, granted leave of absence for one week.

bottom chord of the bridge, nor shall the spans of Mr. JOHNSON. It says “the heirs." Who Mr. SHERMAN. I have no objection to

said bridge be less than two hundred and fifty feet in are the heirs ?

length, and the span over the main channel of the

river shall be three hundred feet in length, and the Mr. HOWE. It was intended to be made granting the leave, but I wish to know what is

the effect of it. It seems to be a new habit piers of said bridge shall be parallel with the current to the widow.

of the river: And provided also, That if any bridge which has sprung up recently, or else an old Mr. JOHNSON. She certainly cannot be

built under this act shall be constructed as a drawhabit revived.

bridge, the same shall be constructed as a pivot drawentitled to the whole.

Mr. SPRAGUE. It is, as I understand, a bridge with a draw over the main channel of the river Mr. GRIMES. The resolution does not

at an accessible and navigable point, and with spans simple courtesy of the Senate. That is all. propose to buy them.

Mr. SHERMAN. I have no objection if it

of not less than one hundred and sixty feet in length Mr. JOHNSON. It authorizes the commit

in the clear between piers on each side of tbe cenhas no other effect.

tral or pivot pier of the draw, and the next adjointee to contract with the heirs.

Mr. SPRAGUE. That is my understanding.

ing spans to the draw shall not be less than two hunMr. GRIMES. Not to purchase but to

dred and fifty feet; and said spans sball not be less

The motion was agreed to. " transfer" the library.

tban thirty feet above low-water mark, and not less

than ten above extreine high-water mark, measuring Mr. FESSENDEN. There is no proof what

MESSAGE FROM THE HOUSE.

to the bottom chord of the bridge, and the piers of ever in regard to it. The catalogue was sent

said bridge shall be parallel with the current of the A message from the House of Representa

river: And provided also. That said draw shall be to New York. It is an old lawyer's law library. || tives, by Mr. Lloyd, its Chief Clerk, announced opened promptly upon reasonable signal for the pasThe Senator from Maryland and I know very that the House of Representatives had passed, sage of boats, whose construction shall not be such as well that they are worth very little.

to admit of their passage under the permanent spans without amendment, the bill (S. No. 310) to

of said bridge, except when trains are passing over Mr. JOHNSON. I have some reason to change the place of holding the courts of the the same; but in no case shall unnecessary delay know. I was unfortunate at one time to lose United States for the northern district of Mis- occur in opening the said draws after the passage the whole of my own, and I had to buy a library, | sissippi.

of trains. and I purchased Mr. Wirt's law library, more The message further announced that the Mr. DOOLITTLE. I should like to inquire recent than this, and I think I gave for the House of Representatives had agreed to the

of the gentleman who has this bill in charge whole of the library he had $3,000. amendments of the Senate to the joint resolu

whether the description of the draw and spans Mr. HOWE. How large a library? tion (H.. R. No. 66) relative to the courts and

of the bridge is the same in this amendment Mr. JOHNSON. Four thousand or five || post office of New York city, and the amend- as was inserted in the bill allowing the conthousand volumes. I know he kept his library | ments of the Senate to the bill (H. R.

struction of bridges at Quincy and Hannibal. full up to the day of his death, was in the habit 397) to authorize the coinage of five-cent

Mr. RAMSEY. This bill was considered by of buying all the books, and all the editions I | pieces.

the Committee on Post Offices and Post Roads, got from his estate were good editions; and I

who had the other bridge bills in charge; and

ENROLLED BILLS SIGNED. only gave $3,000. I am satisfied it was twice

The message also announced that the Speaker since. The bill, however, is in charge of my

it is similar to the one we passed a few days as large a library as Mr. Petigra's. Although of the House of Representatives had signed the Mr. Petigru was one of the most eminent men

colleague. at the bar, he was so situated for the last twenty | following enrolled hills and joint resolutions ;

Mr. DOOLITTLE. The same width of years, I think, that he was not buying modern which were thereupon signed by the President

draw? books. I believe there was a law library in || pro tempore of the Senate:

Mr. RAMSEY. Yes, sir. Charleston where he resided, and I suppose he

A bill (H. R. No. 511) imposing a duty on used that. It is a very common thing now in live animals;

Mr. DOOLITTLE. The same height above

high-water mark? all the cities for the courts to have a library of

A bill (H. R. No. 567) to amend an act to their own, or for the bar to have a library to establish the grade of vice admiral in the Uni

Mr. RAMSEY. The same height and the

same span. which all resort; and there are very few lawted States Navy; and

Mr. DOOLITTLE. I do not know that I yers who keep up with the books; and I rather

A joint resolution (H. R. No. 133) relative fear it will be found that that was the case with to the attempted assassination of the Emperor || wish to ask my honorable friend from Minne.

have any objection to the amendment, but I Mr. Petigru. of Russia.

sota to let this bill lie over till to-morrow. I No man in the Senate could be more anxious

BRIDGE AT WINONA.

wish to have an opportunity to look into it. to show respect for his name than myself. I Mr. NORTON. I move to take up Senate It is a matter that deeply concerns the interests think the last letter he wrote he addressed to bill No. 263.

of Wisconsin and some of the great thoroughme, and I published it after his death in the The motion was agreed to; and the Senate, Il fares of that State. It may be that I shall be

« PreviousContinue »