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pregnant with happy influence as an example, I cordially. || ico, Nos. 45, 46, 47, and 48; which was laid upon sepulcher with the bones of their slaughtered counrecominend that Captain D. G. Farragut receive a vote of thanks of Congress for his services and gallantry displayed the table, and ordered to be printed.
trymen. I do believe there are gentlemen within in the capture, since 21st December, 1861, of Forts Jackson
STATE OF TIIE UNION.
my vision now, whose sworn purpose, whose and St. Philip, city of New Orleans, and the destruction
first desire, paramount even to the preservation of of various rebel gunboals, rams, &c.
Mr. WOOD. Mr. Chairman, I have hitherto republicanism is emancipation. They and their ABRAHAM LINCOLN. WASHINGTON, D. C., May 14, 1862.
avoided troubling this House. Content to be a disciples first threw the apple of discord. They
listener, without any other participation in its first applied the torch, and are now more busy To the Senate and House of Representatives : proceedings than to oppose my solemn individual
than ever with throwing fresh fuel to the flame. I submit herewith a list of naval officers who commanded negative against measures which my conscience Should history ever trace, which God forbid, the vessels engaged in the recent brilliant operations of the and my principles would not approve, I have said squadron commanded by Flag Officer Farragut, which led
record of this country's ruin, that page will seem to the capture of Forts Jackson and St. Pbilip, city of New nothing. Indeed, sir, I have not had the heart to
the strangest to those that read which shall tell of Orleans, and the destruction of rebel gunboats, rams, &c., rise here and speak. A glance at this Hall, of the madness and wickedness of the arch-fanatics in April, 1872. For their services and gallantry on those oc itself, has been enough to prevent. When I look of abolitionism. In the dark recesses of the temple casions, I cordially recommend that they should, by name, around and see one third of the Union unreprereceive a vote of thanks of Congress.
of infamy, the gloomiest niches will bear the insented here, and find myself in a body, though | scription of their names. List. Captains-Theodorus Bailey, Henry W. Morris, and purporting to be one branch of the Congress of
Sir, I counsel none but a moral interference with Tlionas T. Craven.
ihe United States, really in fact but a fragmentary the work of these mischief-makers. I would not Commanders-Henry H. Bell, Samuel Phillips I.ee, Sam part of it, my heart sinks within me. It appears have even fanaticism deprived of the right of free uel Swartwout, Melancton Smith, Charles Stewart Boggs, io be a sectional body-a gathering of the repre- || speech, nor would I, in any emergency, advocate John De Camp, James Alden, David D. Porter, Richard Wainwright, and William B. Renshaw.
sentatives of a sectional party. With these feel the slightest infringement by the Government Liculenants Commanding-Abram D. Harrell, Edward ings, and with this spirit, I have until now avoided
upon the liberty of the press. Let them sow the Donaldson, George II. Preble, Edward T. Nichols, Jonathan participating in debate.
seeds of their infamous doctrine broadcast over M. Wainwright, Jolin Guest, Charles H. B. Caldwell, Na
Besides, sir, during the carlier period of this the land. Whatever may be the danger, I will poleon B. Harrison, Albert N. Smith, Pierce Crosby, George M. Ransom, Watson Smith, Jolin H. Russell, Walter W.
session, disaster had accompanied the efforts of not countenance the greater danger of establishQueen, and K. Randolph Reese.
the Federal arms. I felt that the hour of defeat ing a dictatorship over the thoughts of my fellowActing Lieutenants Commanding-Selim E. Woodworth was not a fit one in which to strive to awaken the countrymen. and Charles H. Baldwin.
great soul of the North to thoughts of peace; I But if the abominable theme must be brought ABRAHAM LINCOLN. Washington, D. C., May 14, 1862.
felt that something was due to the sense of mor into the Council Chambers of the nation, for the
tification, something to the natural desire to re sake of decency, if not of justice, let it be at a more HOMICIDE OF ROBERT E. SCOTT AND DULANEY.
trieve the shame of discomfiture. I hoped, too, seasonable time. If there remains one Union man The SPEAKER also, by unanimous consent, that when victory should perch upon our banners, at the South, let us remember that he is unreprelaid before the House a communication from the others than myself would seize the occasion to sented here; that the subject of slavery particuSecretary of War in answer to a preamble and urge a plea in behalf of peaceable measures; and larly concerns him, and that it is ungenerous and resolution of the House of the 8th instant, calling that this Government itself, feeling secure and unjust, if not cowardly, to take advantage of his for information in relation to the homicide of Robert | strong enough to be magnanimous, would take the absence of representation to push forward measE. Scott and a man by the name of Dulaney, citi lead and be the pioneer in opening a path for the ures in regard to the local institutions of his seczens of Fauquier county, Virginia, by two soldiers settlement of our difficulties without further re tion; measures against which, were he present, he belonging to the Army of the United States, trans course to bloodshed. I even hoped that the lead- || would give his earnest opposition. It will quench mitting a report of General J. W. Geary giving ers of the now dominant party, moved by the sore whatever remains of Union feeling in the South, a statement of all the facts of the case.
distress which has visited our country, would re if it has not already done so. It will destroy the The report was read, and is as follows: lent from the stern rigor of their docirine of sub- | last hope of a reconstruction of the Union on a HEADQUARTERS DETACHED BRIDADE,
jugation, and, in the flush of triumph, would lean || friendly basis. It will prove what has been so often Near RECTORTOWN, VA., May 13, 1862. a little towards a gentler policy than that which intimated, that the first idea of the dominant party SIR: Various versions of the recent shooting of Robert E. Scott and John Mathews, citizens of Fauquier county,
they have heretofore championed with so much in the North is active and unwavering antagonism Virginia, having obtained currency, I herewith respectfully zeal and with so little forbearance.
to slavery, and a fixed purpose to legislate it out beg to submit to you a correct statement of the occurrence, I hoped in vain. The triumph came; a long of the land at all hazards. "Is it with that theory a detailed account of which was furnished by me to Major train of successes has relieved the North from its advanced that we are to conquer a peace? Sir, we General Banks. It was reported to me that two deserters froin another
humiliation.. The Government claims now to are flinging away the last chances of reconciliation branch of our army were committing depredations between
stand as a rock against which the tempest of op ns recklessly as madmen cast their treasures into Salem and Warrenton, when I immediately detailed Lieu position must waste itself in futile efforts. The the sea. The agitation of the subject has been the tenant Wells, with a detachment of the first Michigan cav partisans of the ultra war party laugh to scorn the country's bane at every period of its history;its disatry, to trace them up. Guerrilla cavalry intesting the neighborhood, a squad was sent forward in advance, who returned
idea that any effectual resistance can be offered to cussion at this crisis is desperate self-destruction. and reported to the lieutenant that Messrs. Scott and Ma the onward march of our triumphant armies, and Is it while the magazine is beneath us and about thews had been killed by the two men in question, when yet no single effort has been made in these con us, bursting with the agencies of ruin, that we the whole party hurried to the scene of action, which was on the farm of Franklin Smith, about five miles froin War
gressional Halls to stay the effusion of blood. It must choose to sport with the Aaming torch of the renton. They there found the bodies of the two citizens,
has been left for me, powerless as I am, to speak | incendiary! Sir, until our beloved country shall and that of one of the supposed deserters, and ascertained the first conciliatory word in behalf of my suffer- be saved, the word "emancipation" should, by that the two soldiers liad been occupying a house for some ing countrymen. And I do it, sir, in the hope that common consent, be banished from the language of time, when upon this day, (May 3,) Robert E. Scott, de others, more capable, will not be too much en debate in this assemblage. It is a spell which has ceased, led a party to capture them, among which were John Mathews, deceased, Robert Hames, George Riley,
grossed with the lust of conquest and the pride of || wrought enough already of desolation. It is a hellWinter Payne, Alfred Perkins, Edward Driggs, J. W. Hef victory to follow my example.
ish formula of incantation which has conjured up lin, and Tibley Page, all residents of Warrenton and vicin Sir, it is an ineffaceable reproach to those either the fiends of discord and civil war; and it never ity. Mr. Scott was shot while entering the house at the head
deluded or wicked men who, in the North, by was so potent in its evil tendency as now, when it of the party, gun in band, and Mr. Mathews in the melce
their unwearied agitation of abolition schemes, is being passed, like the breath of the plaguc, from consequent upon the attempted escape of the two soldiers. have stirred the embers of this strife; it is an eter mouth to mouth, in the Council Chainbers of the One of the soldiers was shot by & citizen in attempting to nal reproach to them that, through defeat and vic- || country it has ruined. It should be spoken in a escape. The other escaped to the mountains, where Lieutenant Wells did not deem it safe to pursue him, owing to
tory, throughout every phase of this unhappy | whisper and with a prayer linked to it, as a thing the presence of bodies of guerrilla cavalry.
struggle, with the groans of their distressed and that brings a curse and spreads a pestilence. i I have since learned that the remaining soldier volunta tortured country smiting upon theirears, they have || despair of my country, I despair of ever living rily gave himself up to the commanding officer at White
clung, and still cling, with unpitying pertinacity, once more in a blessed Union of fraternal States, Plains. His name was J. H. Bayard, and that of his comrade, who was shot, was William C. Franklin. He repre
and even with ferocity, to the doctrine which has when I hear all around me the utterance of that sented that they were both privates in Captain A. Gordon's
been the germ of all the mischief. With the first | ruin-breeding word, "emancipation,” mingling company of the seventh regiment Wisconsin volunteers, in exulting shouts of Federal victories they set up with the shouts of battle, the fierce hurrahs of triGeneral King's brigade.
the echoing cry of emancipation. With all the umph over fallen brothers, and the groans of our The initials of ihe names, and their identity with the regiment named, are shown upon the blankets found upon
energy of fanaticism, with all the subtile arts and || dying countrymen. the site of the melee.
intrigues of scheming demagogues, with all the Sir, if in place of making the negro question Bayard stated that they had been taken prisoners by scouts appliances of cunning, intellect, and patronage at a subject-matter of debate, this Congress would of the enerny, from whom they had escaped, and that thy their command, even at this eventful crisis, when take into earnest, solemn consideration some exwere in search of the command to which they belonged when the attempt was made by the citizens to capture them.
every American brain should be at work to bring | pedient for securing peace, I do believe that sucIt appears, however, that they had been guilty of ma about a fair and honorable peace, they have no cess would crown our efforts. Ifthey would enter rauding in the sections through which they passed. thought, no hope, no duty but to propagate their | upon that task, not with hearts embittered and Very respectfully, your obedient servant,
creed, extending its influence into every nook and || intellects swayed by sectional antipathies and unJOHN W. GEARY, Brigadier General Commanding.
cranny of the land, and poisoning the atmosphere | timely mock philanthropies, but with all their souls Hon. E. M. STANTON,
of these sacred Halls with its interminable discus. | devoied to that one sacred purpose-the reconSecrelary of War, Washington, D. C. sion, Openly and in secret, by the agency of the struction of the Union and our redemption from The communication was laid upon the table, press, the pulpit, and the political rostrun, in the civil war; if they would do this, in the spirit of and ordered to be printed.
camp, in the city, and in the open field, they are conciliation, of forgiveness, of tolerance, of broth
spreading the contagion; they are inoculating the erhood, and kindly feeling, it is my conviction LAND CLAIMS IN NEW MEXICO.
country with this moral pestilence which has al that before the close of this eventful session, the The SPEAKER also, by unanimous consent, || ready brought us where we are, at the very brink | preliminaries of a peace would be arranged. But iaid before the House a communication from the of the grave of our nationality.
while, with the obstinacy of a blind fanatic, and Secretary of the Interior, transmitting a report Sir, to these apostles of abolitionism will be the instinct of a brutal gladiator, the first object is of the surveyor general, and the accompanying | traced hereafter whatever of evil hus befallen or to promulgate a party creed, and the second to papers, on four private land claims in New Mexell may befall our country. They are building its ll crush an opponent and wear the badge of victory,
I see no fairer prospect than, at some distant pe our brothers, sir, and some softening of the stern Where may they not float a twelve months hence, riod, reached through seas of blood and heaps of Roman rigor which our rulers have assumed is if we, the natural guardians of this continent from carnage, the forced submission of a crushed and due to that brotherhood, which, by untimely foreign interference, should still be busy with dabdevastated section, and the equally unhappy spec- severity, may be canceled now forever. There | bling in each other's gore? Sir, if there must be tacle of a Government triumphani, but exbausted are gentlemen who will say that the South must war, let it be against the natural enemies of repubby its triumph, detested by a moiety of those be subdued; that every armed southerner must licanism, and as we have already humbled our sovereignties that gave it birth, and gazing with throw down his weapon and sue for mercy. national pride to conciliate the British lion, let us horror and remorse upon the desolation it has Should a freeman ask so much of his brother free make some sacrifice to win back in amily and not wrought.
man? Would they be worthy of companionship to subjugate the South, that we may stand once Sir, it is not my intention to vent reproaches, in our fraternity, being reclaimed at such a sacri again as comrades in arms, to scourge these foreven where I believe them best deserved. I have fice of manly feeling? What would you have eign interlopers back again within their proper risen to enter my protest against the discussion, them do? Would you have them crouch and limits. in this Chamber, ofany anti-slavery scheme whats | cringe and strew their heads with ashes and kneel I am no advocate of bloodshed, but if a forever at this crisis, and to offer an earnest appeal at your gates for readmission? They are Amer eign war should be the alternative of submission to this Congress that its legislation shall embrace icans, sir, and will not do it. No, though Roan to foreign insolence, I trust that I should be among every means of securing an immediate peace. If, | oke and Fort Henry and Fort Donelson should the last to fall prostrate that the hurricane might as the Government claims, the confederate cause be reënacted from day to day through the lapse sweep harmless by. To subserve the schemes of is hopeless, the leaders of the secession movement of bloody years, they will not do it. Give them
a party, we have already humiliated the American cannot be ignorant of the fact; and knowing it, some chance for an honorable return, or you will people in the eyes of scoffing Europe, and it will they will be naturally inclined to lend a willing wipe out every chance, and the two sections will be a task hereafter to regain the caste we have ear to whatever properovertures this Government | be iwain forever. Yes, sir, you may link them lost in the family of nations. No much greater may present. At some period of this struggle to each other with chains, and pin their'destinies evil could befall us than to be forced from the pothere must be negotiation; it must be resorted to, together with bayonets, but at heart they will be sition we have hitherto assumed towards foreign sooner or later; why not now?
twain forever. They are the children of the same Powers. I would not have my country swerve Is it because pride forbids that we should be heroic stock, the joint inheritors with ourselves one inch from any vital principle of her foreign the first to outstretch the hand of conciliation? of the precious legacy of freedom; and it seems policy in any emergency whatever. Above all Heaven forefend that thousands of human lives a sacrilege and an insult to the memories of the ihings I hold dear that national honor which we and a country's welfare should depend upon so past, that so many, sir, should sit in your pres have ever, till of late, preserved untarnished. false a principle. Is it because the South has ence here to-day to goad them on to desperate However gloomy may be the aspect of things at not been sufficiently punished, humbled, and sub- || resistance, and so few_alas! so very few-io me home, I would have our flag float as proudly as dued? Then let us confess that chastisement and diate and restrain.
ever abroad, not even deigning to make domestic vengeance are the objects of this war. Is it be Of those few, I thank my God that I am one. 1 affliction a plea for humility, an excuse for cowcause the anti-slavery movement has not yet am proud to proclaim it here beneath the dome of ardice, or a palliation of national shame. Whenreceived a sufficient impetus? If so, go tell it to the Capitol. I shall proclaim it, here and every ever the occasion demands that a stand should be the armies that have won your victories. Make where, until the wings of peace shall be once more made against foreign aggression, or a rebuke abolition the war-cry. Place a banner with that folded over the bleeding bosom of my country. I administered to foreign pride, or a chastisement device in the vanward, and lure those armies on shall proclaim it aloud and honestly, although to inflicted upon foreign insolence, I would have the to conquest with it if you can. Your soldiers do so would make me the next victim of this cruel | gauntlet thrown down upon the impulse of the would rend the treacherous ensign into shreds, strife.
national sentiment, without reference to domestic and would march to their homes with the same Sir, it may be said that I speak of peace, while exigencies, or pausing to measure the strong proalacrity that they pushed on with to the battle its attainment, without further recourse to arms, portions of the foe. field.
remains impossible. But I do not believe it im In the heat of our private discord, we seem to What, then, is the cause that withholds nego- | possible. What effort has been made? What have forgotten that our great mission as a people, tiation? You will not parley with armed treason. door has been opened through which the passions || is to republicanize the world, to advance the prinBut you have parleyed with armed treason, if that and ill-feelings of the contestants might pass out ciple that men are capable of self-government, and be the word; parleyed for the mere convenience and reason enter? None. The single idea has been to check the progress of monarchy. Sir, we are of an exchange of prisoners, and other purposes | Sorced upon the people that the sword, and the losing ground in the fulfillment of ihat sacred misto mitigate the grievances of war.
It was your
sword alone, must decide the issue.. It has been sion, and monarchy has gained a new foothold, duty so to do. And shall you not do so to ac pronounced treason to hold an opposite opinion. while we have been weakening our sinews with complish all that your troops are fighting for—the Sir, if to have but little faith in the efficacy of the intestine strife. And to what purpose? Is it posreconstruction of the Union.
sword for joining severed friendships, if to earn sible that gentlemen can hope to reconstruct the Let us suppose that the South is anxious to
estly desire peace and to deprecate ihe horrors of Union by pursuing a policy of unrelenting severembrace an opportunity of return, and is with war, be treason, then am I a traitor; and I am ity? Can they expect to reëstablish concord and held from making advances by doubts as to the prouder of such treason than others have the right | brotherly love by pushing hostilities to the extreme intentions of the North. Is it not right that we io be of their vindictive, flaming, and pretentious || verge? What is the Union worth without mutual should confer with them, that those doubts may patriotism.
respect and reciprocated amity to bind the secbe removed ?
I conjure this Congress, in the name of our suf tions? What! a Union of unwilling States, driven What do the people care for such miserable || fering country, in the names of wives that may be into companionship at the point of the bayonet, punctilios in the hour of a nation's agony? Sir, an | widows, of children that may be orphans, in the and held there hereafter by military power! Such honorable peace is within the grasp of this con names of gallant men, now strong in health, and a Union would not be worth the shedding of one gress without further bloodshed. This Congress who to-morrow may be stretched in death upon brave man's blood. We want their hearts, or knows that it is so, and when the peo shall the gory ground, or writhing, maimed and dis we want them not at all. And we cannot conquer realize that it is only the infamous design to figured, with tormenting wounds in the name of hearts with bayonets, although they should outstrengthen the anti-slavery movement that pre- || humanity, that sickens at the daily record of this number the spears of Xerxes. If not brought vents an effort to obtain that peace, woe to the terrible strife, I conjure this Congress to seize al back by negotiation, in the spirit they are gone chiefs of the abolition party in the land.
the merestchance that may exist of a present term from us forever. To conquer them may be posBut, enough of them. Words are thrown away ination of this tragedy. Let something be at sible. To slay their soldiers, lay waste their lands, upon their stubborn fanaticism. I appeal with tempted in the spirit of mediation. Sir, the people and burn their cities may be within our power. better hope to the loftier feelings that should per will respond to it. They will thank this Congress | But to hold them in subjection, having conquered vade humanity, and especially pervade this au for it. They will bless this Congress for any them, would, in itself, be a final repudiation of the gust assemblage; that should, by the nature of its measure that breathes of the spirit of reconcilia- | first principle of republicanism. "Prosecute this sacred functions, be far removed from the miser- | lion. They are weary of this war, weary in de war until you have accomplished the necessity of able ambition of reducing a section of our com spite of the excitement of present victory. They holding a subdued section in subjection, and the mon country to the extreme and therefore dan will awaken soon to the consciousness that such world will look in vain for a republic on the westgerous condition of despair.
victories are being purchased at a sacrifice that is ern hemisphere. Sir, there may be a fascination in the gory mag terrible to contemplate; that a national debt is Sir, I love to entertain the hope that our Union nificence of war. There may be a craving for being created, which, in its rapid accumulation, will be restored upon the foundation laid down martial glories in the hearts of men, and an in is appalling-a debt which, if ever paid, will | by our fathers; and I desire no changes in the stinct of contention which we share in common press like an incubus upon future generations, | plan of that glorious superstructure. But I am with the brute creation. But if ever there can be stunting the growth and paralyzing the vigor of not so unnatural a worshiper of the Union as to a time when a more Christian impulse should our young Republic; or, if repudiated, resting a seek its salvation with the destruction of those possess our souls, it is now; now, when the tri blot upon our annals.
for whose welfare it was conceived; to build it up umph and consciousness of strength give us the And while at home we are groaning with dis upon the dead bodies of my countrymen, when noble privilege of extending the hand of concil tress and standing on the verge of bankruptcy, if other means are at hand for its reconstruction. I iation without fear of degradation, or of self-re we look abroad the spectacle tends only to our would purchase its redemption otherwise than by proach for cowardice. If adversity has been our shame. We see the sceptered hands of Europe | anarchy and ruin. I would not fling away the excuse for sternness, let success be our plea for planting their royal banners upon the soil of this substance to perpetuate the name. Every drop of magnanimity. Providence has placed within the western licmispliere, which it is our natural duty blood that is shed in this struggle will weaken the reach of the North a greater triumphi than count to consccrate in republicanism, and which we keystone of the fabric for whose sake the blood less armed legions could conquer; ihe triumph of might at least have guarded from the greed of for is pretended to be shed. One word of conciliation subduing a brave enemy with a generous and eigu despots. The flag of Arragon and Castile at this crisis will do more to save the country mercitul policy, that will disarm resentment and flaunts in the air of San Domingo, and, united than all the achievements, past and to come, of rekindle ihe old brotherly flame that perhaps is with the blazonries of France and England, is your victorious soldiery. not yet totally extinct. For, after all, they are unfurled upon the walls of San Juan d'Ulloa. Why should not that word go forth, even now,
THE OFFICIAL PROCEEDINGS OF CONGRESS, PUBLISHED BY JOHN C. RIVES, WASHINGTON, D. C.
THIRTY-SEVENTH CONGRESS, 20 Session.
TUESDAY, MAY 20, 1862.
New SERIES.....No. 137.
in the hour of the triumph of the Federal arms? whose cement shall be foryiveness for the past, stroyed, I would not forsake the creed, nor would If there has ever been a period in the history of and friendship and forbearance for the future. the mighty principle be buried in the ruins. I republics when prolonged civil strife has failed to In place of exulting over victories, and longing love and would preserve the temple, for beneath curtail the liberiy of the masses, I have not read for new triumphs, how much more pleasant and its roof are gathered the treasures of holy past that history aright. Already, with one year's bit more holy to draw a picture of the joy that will associations; upon its hallowed walls are inscribed ler experience, we have bebeld some of the dearest
pervade many a now gloomy household when the the names of patrious, from the North and from privileges of American citizenship wrested from glad tidings of peace shall be borne from city to the South, wliose blood bas been its cement. But our grasp. And how long, at the same rate, be village, from village to homestead, from lip to lip, rather would I have the glorious fabric crumble fore, upon the convenient plea of necessity, we and heart to heari. A nation's jubilee would well to the dust, than see the spirit of despotism enshall be stripped of other rights which heretofore repay you for some little yielding of your stern shrined within its sacred precincts. have made us deem ourselves freemen? How policy. How many arms would be outstretched, I have seen already the silent but lengthening long, while personal liberty even now depends on how many hearts would bound to give a “wel shadow of absolutism creeping into the spot. And the nod of an official? How long, while free-born come home again!" to the war-stained volunteer. when the Executive hand, for the first time in American citizens can be left to languish in bas Oh, sir, those meetings at the collage threshold, our history, was interposed between the citizen tiles, beyond the reach of the constituted tribunals | those claspings at the farm-house porch, those and his rights, the germ was planted of a danger of the land and at the mercy of the Executive cleavings of the throbbing bosoms of women to mightier than rebellion in its most gigantic phase; for their liberation? How long, while the press, scarred and manly breasts, were worth all the for I believe encroachmenis by an Execuiive to the guardian of liberty, the friend of the masses, laurels that were ever snatched from blood-stained be in itself rebellion against the only sovereignty is shackled, gagged, cowed down to sullen si fields. The news of our victories has been hailed I acknowledge-he majesty of the people. I belence, or, worse yet, become the minion of a with peans and illuminations; but, with the first lieve each step towards absolutism to be more party? How long, while voters are arrested at tidings of peace, there is not a hovel in the land fatal to the welfare of the Republic than any posthe polls by military process, and legislators are that would not have a candle at its window; not sible act within the power of the citizen to conhurried off to prison before they can assume their a palace that would not blaze with splendors in ceive and exccute. I will resist every grasp that sacred functions? How long, while the partisans token of the advent of a blessing priceless beyond may be made upon an attribute of sovereigniy not of the immaculate abolition party are coining all earthly triumphs.
heretofore acknowledged to the Chief Magistracy; money out of the blood of their countrymen, Then, sir, let us lower the points of our victori for reason and instinct, no less than the fearful parading their showy patriotism and shouting ous swords, and parley with the foe while the examples that history has furnished from the «Union," with their arms up to the elbows in the bugle blasts of victory are yet ringing in our ears. ashes of republics, teach me that the first step, public Treasury? How long, sir, will the people If we are free in anticipation from the peril of fu unchecked, will not be the last, but only the preof the North, iaxed beyond endurance, robbed ture reverses; if we are sanguine that the Federal cursor of those giant strides by which, over the and cheated by an ever-craving horde of political arms are henceforward gifted with invincibility, necks of betrayed freemen, ambitious men have hyenas-how long will they have a choice between that is the noblest reason why we should say to mounted to a throne. freedom and anarchy, between a republic and a our opponents, “pause, if you will; reflect." 'Let We want a Union, sir, of sovereigns, not of subdespotism? Alas! we still cling to the name of a us yield them one chance for reconcilement, be. I jects. And that our Government shall extend republic, but have we the reality? It is entirely fore we drive them to the resistance of despair. over a vast area, to me is of less moment than that at the option of one man, or of a council of men, There can be no victory where kith and kin, where it should be purely, strictly, and unequivocally whether the citizen shall breathe in freedom the brothers and fellow-countrymen, where men who republican, at all times and under all conditions. free air of heaven. At the “open sesame” of the are bound to each other by the holiest of past as Sir, I have done. I have only to reiterate my Executive, the gloomy portals of the bastiles La sociations, are struggling for supremacy. All is hope and my entreaty that this Congress, which Fayette or Warren will gape to receive him. And defeat; all is disaster; all is misfortune, tears, and has in sacred charge the welfare of our country, this is the Republic I was taught to love.
mourning. Do not let us efface with blood every will adope some measure which may bring about Sir, it is only a sign and a forerunner of what sacred memory that may yet bind these men to us a cessation of liostilities, with a view to negotiamust inevitably be, should the South be crushed as brothers. Give one sign of invitation before tion. That done, I am firm in my belief that hosinto the Union. You may bring the South to terms the death struggle be renewed. Let the spirit of || tilities will not be resumed. with your bayonets, but when you have donc so, forgiveness pass between the lines of those oppos
ADJOURNMENT OVER. you will have made a bond of air; a covenant to ing hosts, and with the blessings of Providence, enforce which will necessitate this Government to those armed legions will take a lesson from Sa
Mr. MALLORY moved that when the House assume the functions of a military despotism, and binia and early Rome, whose soldiers, united by adjourns it adjourn to meet on Monday next. to break which at the first opportunity will be an domestic ties, ihrew down their weapons upon the
The motion was agreed to. aim and a purpose on the part of the subdued sec battle's verge, and sprang to each other's embrace. The SPEAKER stated that the regular order tion. What ihey have aitempted once they will Sir, I have spoken freely, studying only to make of business was the call of committees for reports not fail to attempi hereafter, when smartiny under my words an index to my thought. My opinions of a private character. the remembrance of defeat, when cherishing the have brought upon me the censure, often most deadly hate that a war to the utterance will en discourteously expressed, of many who differ with gender. me; but for that I care but little. I am content
Mr. ELIOT. Before the House proceeds to the For the sake of union now and of union here to bide the hour that shall set me right before my
regular order, I ask leave to report back from the after--not enforced union, but the strong union of
Committee on Commerce House bill (No. 446) countrymen. As I have believed the prosecution willing hearts—let the word of peace go forth, let of this war to be a widening of the gulf that sep
supplementary to an act approved July 13, 1861, the hand of reconciliation be extended. Why, sir, arates the sections, I have earnestly opposed it.
entitled " An act to provide for the collection of I have heard such words of bitter hatred expressed I have always looked upon the subjugation of the
duties on imports and for other purposes," with towards these southerners by northern lips, that South as a project, whose fulfillment would strike
a Senate amendment. I fear it may be already too late ever to renew the a heavy, perhaps a fatal blow, to true republican. || ceived, and the amendment of the Senate was conbonds of fraternity. Such sentiments I have heard ism; and although I will yield to no man in deof implacable resentment, of thirsting vengeance, votion to the Union, although I would make any
curred in, as follows: of sectional antipathy, as Hannibal was taught to and every personal sacrifice to restore its glory
Page 2, lines nine and ten, strike out the words "impor
tation into any port of the United States," and after the nurture against Rome, as Rome, in her quench and integrity, I will never consent, even for the
word “ transportation," in line ten, inseri“ in any vessel less jealousy, conceived towards Carthage to the sake of that Union, to yield up my birthright as end. And the doom of Carthage may be accepted a freeman; to sacrifice those principles of self Mr. ELIOT moved to reconsider the vote by by the South rather than reunion at the bayonet's || government, those rights of free speech, free which the amendment was copcurred in, and also point.
ihought, and personal liberty, without which moved to lay the motion to reconsider upon the I appeal to this Congress to avert that fate as Union is but a mockery and a name.
table. inglorious to the victor as to the vanquished. Let It is not grandeur and extent of territory that The latter motion was agreed to. the door to negotiation be flung wide open, flung I cover as the chief attributes of the Government open now while we can make advances with good | under which I am to live. Were I one of but a
TREASURY CONTINGENT FUND. grace, and with laurels upon our brow. To the single community, insignificant in numbers, but Mr. STEVENS, from the Committee of Ways winds with the doctrine that you will not treat secure in a guarantee of pure republican ministra and Means, reported back bill of the House (No. with armed traitors. It is a sentiment fitter for tion of affairs, I would be proud of my citizenship. 388) making appropriations to reimburse the conthe epoch of a purpled Roman, than for the Chris But the union of a thousand States, each one as vingent fund of the office of the Secretary of the tian age in which we live. It is the sentiment of great and populous as the noble one among whose | Treasury, including compensation of additional one who rules with a rod of iron, not of a great Representatives I have the honor to be, I would clerks who may be employed according to the exand generous people who assume to rule them detest, yes, sir, in my most inmost heart detest, if igencies of the public service, and for temporary selves. Enough has been done in proof of the the holding together of its component parts should clerks for the current fiscal year, and for the year valor of the North, and the resources of the Gov create a necessity for the assumption of despotic ending June 30, 1863, with amendments of the ernment. Let something be now done for the power,
Senate thereto, and moved that said amendments sake of the past; for the sake of the memories of Self-government is the god of my political idol be concurred in. the Revolution, of the struggle of 1812, of the atry, and the Union is but a temple in which I The Senate proposed to add an additional secbattle-field of Mexico; for the sake of a Union have worshiped it. Should that temple be de tion to the bill, providing that from and after the
DUTIES ON IMPORTS.
ce a Sehere being mo robjection, the report was re
30th day of June, 1862, there shall be employed Mr. STEVENS. I do not object to it, though in surveys of the public lands in Oregon in excess in the office of the Assistant Treasurer, at St. I do not know the object of the change of reference. of his contract with the surveyor general of OreLouis, a chief clerk and teller, with an annual Mr. DELANO. I want to know what is the gon, dated October 14, 1860, and appropriates that salary of $1,800, and an assistant clerk with an purpose of the change.
sum; provided that before any payment is made, annual salary of $1,200, and appropriating $3,000 Mr. MOORHEAD. The Committee on Na the work performed by Carter shall be tested in to pay the salaries of such clerks for the fiscal year val Affairs believe they can effect some consider the field by actual examination, under the direcending June 30, 1863; provided that the clerks able reductions. I can inform my friend from tion of the surveyor general of Oregon, and any thus authorized shall be in the place of all other Massachusetts (Mr. DELANO) that it does not correction made necessary to make it conformable clerical force nowauthorized by law for said office. affect the armory at Springfield. [Laughter.] to the laws of the United States and the instrucThe amendment was concurred in.
Mr. DELANO. I did not anticipate that it did. tions governing the surveys of the public lands at Senate amendment to the title:
I did not know, however, but that it might affect the expense of Carter, and the balance only of the Ainend the title by adding the following:
the foundery at Pittsburgh. (Laughter.] appropriation paid him after deducting the exAnd to provide for the employment of additional clerks Mr. MOORHEAD. No, sir; it does not. pense of inspection and correction, if needed, and in the office of the Assistant Treasurer at St. Louis.
It was so ordered.
when the certificate of the surveyor general of The amendment was agreed to.
Oregon is filed with the Commissioner of the Gen
MESSAGE FROM TIE PRESIDENT. Mr. STEVENS moved to reconsider the votes
eral Land Office that the survey is complete acby which the amendments were agreed to; and
A message from the President of the United cording to the law and regulations governing public also moved to lay the motion to reconsider on the Slates by Mr. Nicolay, his Private Secretary, in
formed the House that the President had approved Mr. F. A. CONKLING. I move the reference The latter motion was agreed to.
and signed a bill (H. R. No. 269) to establish a of the bill to a Committee of the Whole House.
Department of Agriculture, and a bill (H. R. No. The SPEAKER. Does the gentleman object POST OFFICE CLERKS.
253) lo regulate the time of holding the courts of to its consideration at this time? Mr. STEVENS. I ask leave to report from the United States for the district of Kentucky, and Mr. F. A. CONKLING. I do. the Committee of Ways and Means a bill to for other purposes.
The SPEAKER. A single objection carries amend an act entitled “ An act making appropri
the bill to a Committee of the Whole House. ations for the service of the Post Office DepartMr. DUELL, by, unanimous consent, intro
SCIIOOL LANDS IN OH10. ment during the year ending 30th June, 1863,"
duced a bill authorizing the appointment of a cadet Mr. TRIMBLE, from the same committee, reapproved April 17, 1862.
to the Military Academy at West Point from the l ported a bill for the relief of congressional townThere being no objection, the bill was read a first and second time. It enacts that the provision second time, and referred to the Committee on
District of Columbia; which was read a first and || ship No. 8, south of range three east, in Mercer of the first section of the act referred to, appro- | Military Affairs.
county, Ohio. priating the sum of $8,800 for compensation of
The bill authorizes the school trustees for the twenty-five additional clerks in the Post Office
REPORTS FROM COMMITTEES..
time being of the township in question, to locate, Department, authorized by the act to promote the Mr. FENTON called for the regular order of
free of cost, except the usual fees of the Land efficiency of the dead-letter office, approved Jan business.
Office, a quarter section of land; and directs the uary 21, 1862, from the date of their appointment The SPEAKER stated that the regular order
Secretary of the Interior to issue a palent thereto the 30th of June, 1862, shall be so amended that of business was the call of committees for reports
for, which may be disposed of for the use of the the sum shall be payable out of the appropriations of a private character, beginning with the Com
schools within such township, and for no other to supply deficiencies in the revenue of the Post mittee of Elections.
purpose whatsoever. Office Department for the year ending 30th June, Mr. WICKLIFFE. I desire to introduce a bill
Mr. TRIMBLE. I will explain the bill. By 1862, contained in the third section of the act of a general character, in order that it may be led to select
lands in proportion to the amount of
the act of 1826, fractional townships are permii. making appropriations for the service of the Post printed and referred to the Committee on Military || lands contained in those fractional townships. Office Department during the year ending 30th Affairs. June, 1862, approved March 27, 1861.
Mr. FENTON. I must insist on the regular | the Thirty-Sixth Congress, but it was not reached
This bill passed the House at the last session of The bill was ordered to be engrossed and read order. a third time; and, being engrossed, it was accord
in the Senate, and therefore it came up here again
TIIOMAS B. GRAHAM. ingly read the third time, and passed.
and was referred to the Committee on Public Mr. STEVENS moved to reconsider the vote
Mr. FENTON, from the Committee of Claims, || Lands. In examining the facts of the case, the by which the bill was passed; and also moved to
reported back joint resolution (S. No. 75) to con question as to the amount of land contained in this lay the motion to reconsider on the table.
firm the opinion of the Court of Claims adverse to fractional township arosc, and we ascertained that The latter motion was agreed to.
the claim of Thomas B. Graham; which was read the amount was not quite sufficient to authorize it a third time, and passed.
to select the quantity of land which was granted OFFICIAL REGISTER FOR 1861.
W. J. GILBERT.
in the bill which passed the House at the last sesMr. SARGENT, by unanimousconsent, offered
sion. That bill granted a half section of land. the following resolution; which was read, consid
Mr. DUELL, from the same committee, re Under the act of 1826, to entitle a fractional townered, and agreed to:
ported a bill for the relief of W.J. Gilbert; which ship to a half section, it must contain more land Resolved, that the Secretary of the Interior be directed was read a first and second time.
than this fractional township contained. There to deliver to the Clerk of the House, one hundred and The bill directs the Secretary of the Interior to are in it three thousand acres, or about that quanninety eighit additional copies of the Official Register for pay to W.J. Gilbert $605, in full for his service
tily, which would entitle it to a quarter section. 1861, to be distributed among the members and Delegates as acting assistant adjutant general of the Excelsior of the House of Representatives.
This bill grants, therefore, only ihat amount of brigade, New York State volunteers.
land. OSCAR PECK.
Mr. DUELL. I ask that the bill may be con I will only remark, further, that the people of Mr. WADSWORTH, by unanimous consent,
sidered at this time. It is a very meritorious case. this township did not apply for this land until offered the following resolution; which was read,
Mr. HOLMAN. The bill had belter go to a 1860, and the bill for their relief failed to become considered, and agreed to: Committee of the Whole House.
a law at that session for the reason I have stated. Resolved, That the Committee on Naval Affairs he re
The SPEAKER. Does the gentleman object The bill was ordered to be engrossed and read quested to inquire into the propriety of providing by law to its consideration at the time?
a third time; and being engrossed, it was accordfor the education, at the Naval School, ot Oscar Peck, pow Mr. HOLMAN. I will hear the report read. der boy on the Varun, during the late engagement with
ingly read the third time, and passed. the eneiny at Forts Jackson and St. Philip, for gallant and
The report was read. It recites that Gilbert
Mr. TRIMBLE moved to reconsider the vote meritorious service on that occasion.
was connected with the Excelsior brigade in May, | by which the bill was passed; and also moved to
1861, and that shortly thereafter he was assigned lay the motion to reconsider on the table. COLORADO LEGISLATURE.
the duty of acting assistant adjutant general, which The latter motion was agreed to. Mr. BENNET, by unanimous consent, intro- duty he continued to discharge till the last of duced a joint resolution relating to the time of August, when he was granted a furlough, to report
POST ROADS. holding the second session of the Legislative As at Camp Scott, on Staten Island, or at the head Mr. BLAKE. The Committee on the Post sembly of the Territory of Colorado; which was quarters of General Sickles, at Washington; that
Office and Post Roads have instructed me to reread a first and second time.
he did report, from time to time, to the 311 of May, || port back House bill No.392, to establish certain The resolution provides that the second session but was not assigned to duty, and that on appli- | post roads. of the Legislative Assembly of the Territory of cation to the War Department for pay for said
Mr. OLIN. I ask to have that bill read, reservColorado, now fixed by law for the first Monday service, it was decided that there was no authority, | ing the right to object, of June, 1862, shall be postponed by proclamation under existing laws, by which he could be paid,
The SPEAKER. The Chair does not see that of the Governor of said Territory to the first Mon he never having been mustered into service. it is a private bill. day in July, 1862.
Mr. HOLMĂN. There are so many claims of Mr. 'BLAKE. Yes, sir; it is a private bill. The joint resolution was ordered to be en the same character that they ought to go to a
The SPEAKER. Only private bills can be grossed and read a third time; and being engrossed, | Committee of the Whole House.
received on this call of committees.
TIIOMAS I1OYNE AND OTHERS.
Mr. KELLOGG, of Illinois, reported back Mr. MOORHEAD. I ask that the Committee
L. F. OARTER.
House bill No. 314, for the relief of Thomas of the Whole on the state of the Union be dis Mr. TRİMBLE, from the Committee on Pub Hoyne and others. charged from the further consideration of the na lic Lands, reported back, with amendments, a bill The bill was read. It recites the recovery of a val appropriation bill, and that it be referred to (S. No. 207) for the relief of L. F. Carter. judgment in the circuit court of the United States the Committee on Naval Affairs. I believe that the The bill was read. It authorizes the Commis for the northern district of Illinois against Thomas chairman of the Committee of Ways and Means sioner of the General Land Office to pay to L. F. Hoyne and others, sureties of C. U. Pine, late has no objection to that.
Carter the sum of $3,033 50, for services performed II marshal for that district, for money advanced by
of this district.
the Government after he had become known to that letter. There is no doubt that the sureties are legally untrustworthy officer, a corrupt Administration the officers of the United States as a defaulter in bound for the whole amount, and that the facts shown in
and corrupt officers placed more money in his regard to the $2,500 constitute no legal defense. If they office, and after the sureties had expressly notidid, of course this application 10 Congress would have been
hands, and allowed him still further to defraud the fied the Secretary of the Interior of the fact, pro unnecessary; but under the circumstances ot'the case there Government and defraud his securities. testing against incurring any further liability in was certainly great negligence on the part of those in au That, sir, is this case, and that is all there is the case; and directs the Solicitor of the Treasury thority, in perimitting that amount of money to be sent to
of it. If the officers of the Government had perPine so stortly before his removal from office, and when to remit to the said sureties, as credit, the amount he was so largely in default-after the attention of the Sec
formed their duty this default would not have of the sum of $2,500, with the interest thereon retary of the luterior had been called to the matter, and the occurred. You make the sureties in these cases, from the date of the recovery thereof upon the sureties had so urgently represented to bim the condition by the construction you seek to place upon them, payment of the balance of said judgment by said
of affairs here, and expressed such great solicitude to have
responsible for the honesty of the officers of the sureries.
of any money sent to Pinc, alter such a notice, should be Government here, and responsible for the honMr. HOLMAN. I ask the gentlemen from Illi- borne by the Government, and I have therefore no liesita esty of the officers for whom they give security. nois whether the judge of the circuit court is not tion in recommending that the act remitting the $2,500 That is the effect of it. The gentleman from In
should be passed. empowered to remit penalties of this nature in such
Your obedient servant,
E. C. LARNED,
diana is perfectly correct, technically. The court cases; and if so, whether the proper application
United States Allorney.
decided that technically the sureties were responshas been made? Hon. WILLIAM KELLOGG.
ible for the payment of this money, and the judg. Mr. KELLOGG, of Illinois. I will say to the
ment of the court was accordingly rendered. But gentleman that the circuit judge does not possess
APRIL 4, 1862
Judge Drummond, one of the best and purest men
I concur with Mr. Larned. At the time the money was that power. Now, Mr. Spenker, if there is any advanced (the $2,509) to Pine, the Government was notified
in the State of Illinois, expressed the opinion that, objection to this bill, I will have read the opinion that he was a defaulter. Of course this did not establish inasmuch as it was the fault of the officers of the of the United States attorney who tried the case, the fact, but it could have been easily verified, and it was Government at Washington that the default was and also the judge before whom it was tried, rec
sufficiently notorious to all who had any knowledge of
permitted to oceur, the surelies ought not to be ommending that the remission be made. If no
dent to remove him at once, as a dishonest and defaulting required to pay the amount. That is the whole gentleman desires to have these papers read, I will officer; instead of that, an additional sum was advanced 10 of this case; nothing more, nothing less. ask to have the bill put on its passage. It is to
him against the remonstrances of his sureties, and in de Mr. KELLOGG, of Illinois. Mr. Speaker, I remit a portion of a judgment for moneys placed fiance of the charge of ofñcial delinquency made against
desire to say a word in relation to this inatter of him. in the hands of this marshal after the sureties had
THOMAS DRUMMOND, notified the Government that he was a defaulter,
United States Judge.
good faith between the Government, its officer,
and his surely. Certainly there is a legal obligahad urged his removal, and had protested against Mr. F. A. CONKLING. Is it in order to ob- || tion on the part of the security for the faithful any more money being placed in his hands. The ject to the consideration of that bill?
performance of the duty of the principal, and when judge decided that that was not a legal defense, The SPEAKER. Not unless it appropriates | ihat obligation is assumed on the part of the sebut reconimends in a letter that the remission be money. All bills not appropriating money, when || curity, there is also an obligution taken on the made by Congress, because there was no power reported in the regular call of committees, are part of the Government, that while the surety acts in the court to do it.
within the control of the majority of the House. in good faith to the Government the Government Mr. F. A. CONKLING. I ask that the papers Mr. KELLOGG, of Illinois. “The history of shall also act in good faith toward the surely. I be read.
this case is fully set out in the bill itself as well as ask whether there is any gentleman here who The Clerk read the following letters:
in the letters which have been read. To my mind, || will deny that it is the part of the Government to UNITED STATES DISTRICT ATTORNEY's Office,
it is a case requiring the action of Congress to re act in good faith toward the surety, so far as the Cuicago, Deceinber 16, 1861. lease these sureties from the payment of this judg- principal is concerned ? SIR : At the present term of this court a judgment was ment. During the pendency of the suit in linois, How stand the facts in this case? These sureobtained in favor of the United States, against the sureties of C. U. Pine, late marshal of this district, for the sum of
the court determined to reject the defense, although ties saw that the principal was squandering the $3,796 80, being the amount on which he was found in there was a unanimous concurrence of opinion || public money, that he was faithless to his trust, arrear in his account with the United States as marshal that it was unjust to recover this money from the ihat he was a defaulter; and, true to their duty as
securities after they had so fully, so urgently, and citizens of the United States and as sureties, they Among the items which made up said arrear was a draft for $2,500 sent to Pine by the Department on the 5th No
so fairly notified the Government that this mar notified the Government of the defalcation of the vember, 1859. It appeared in evidence that on the 19th Oc shal was a defaulting officer, and urged them to principal. Nay, more; they did more than that. tober, 1859, two of the sureties, Thomas Hoyne and R. J. place no more money in his hands.
They urged the Goverument to remove him, so Hamilton notified the Secretary of the Interior by letter that Mr. RICHARDSON. I desire to say in refer that the Government should not suffer further dePine was then $11,000 in default, including his deficiencies
ence to this bill that it is one of those cases that on executions and to the Government, and urgently request
falcation and loss at his hands; and they urged if ed the Secretary to take some steps by requiring a new bond,
sometimes occur ander this Government where he were not removed that, at least, no more money or otherwise to save them from any further loss or liability. the fault lies in the disbursing officers of the Gov should be intrusted to his keeping to be squanThis letter was received, and by the answer of the Secretary
crnment, and not with the suretjes. Here these dered. In every way they soughi to impress the under date of October-25111, referred to the Attorney Generni. It is claimed by the sureties who have defended this suit,
men notified the Government that this marshal Government with the fact that he had squandered Messrs. Hoyne, Suowhook and E. S. Smith, that this sumor was not trustworthy. There was no means by money and was a defaulter. Notwithstanding all $2,500, should be remitted by the Government. That arter which they could release themselves from their this, ihe Government still persisted in putting sucli a notice as that made on their behalf in good faith,
obligations on the bond. They had no power to money into the hands of this man who was a that no more inoney should have been sent Pine, at least until these statements made by his sureties had received
prevent the Government from placing in his hands known defuulter, and who had been palpably derecareful investigation by the Government, and that it dow ihis very money for which he was a defaulter, lict in the performance of liis duty to the Gov. appearing that the statements were correct and the Govern
and for which this judgment was recovered from ernment. On their part what more could the surement having chosen to remit more money to Pine without them.
ties have done? What more ought they to have waiting for an investigation, the Governinent and not the sureties, should be the losers.
Mr. HOLMAN. I desire to ask the gentleman done? It cannot be doubted, I think, that they Upon the trial of the case the judge expressed great doubt from Illinois if this was not one of the very liabil. were not wanting in discharging every obligation whether these facts did not constitute a good defense as to ities, one of the very responsibilities assumed by | imposed upon them. And will gentlemen stand this $2,500. He doubled whether a payment of money to Pine after such a notice was a legal payinent, but in view of
the sureties when they entered into the bond? here and say, when the sureties have acted in good the importance of the precedent and its effect upon the deal. Was it not to guard against this kind of losses, as faith, that the Government should take advantage ings of the Government with its agents, decided to overrule well as all others, that the bond was required to of its own negligence; that the Government should the defense, stating, however, that in his view justice and be executed ?
permit the defaulting officer to continue his defalequity required that the sureties should not be charged with this ainount. Under these circunstances the defendants
Mr. RICHARDSON. Not at all. If the offi. cations in order that they might be recovered most design to procure for the proper Department at Washington
cers of the Government had been honest, as they | unjustly from honorable and faithful sureties? It authority to me to enter a remiuitur of the sun of $2,500, ought to be, when they were notified by the se is ioo monstrous an injustice to expect that this and have desired of me a letter expressive ot' my views of curities that this marshal was a defaulter, and that House will sanction it. the propriety of their request being granted. While I entertain no doubt that these facts constitute no
money should not be given him, they would have Mr. F. A. CONKLING. The gentleman has legal defense to the action, and was very strenuous in my investigated the matter, and not placed money in asked what more could these suretics do? I will efforts to prevent any different ruling by the court, I have his hands.
ask the gentleman in return whether the statute no hesitation in saying that it seems to me unfair that these Mr. HOLMAN. Right here I desire to repeat does not provide means by which the sureties in sureties should be made to suffer the loss of the $2,500 sent to Pine so soon after a notice was received by the Secretary,
the question, whether this is not one of the various such cases may relieve themselves from liability? of the nature, and under the circumstances stated, and i descriptions of defalcation against which it is the Mr.KELLOGG, of Illinois. Not to my knowlwould recommend that upon the deposit with the clerk of duty of the Government to protect itself, and edge, sir. I know of none such. I apprehend that the court of the amount of the judgment and costs less the said sum of $2,500—that authority be given to me to enter
whetherit is not one of the responsibilities assumed | the gentleman can find no such provision. The only a remittitur of the said sum of $2,500.
by the sureties upon the terms of the bond? means open to them, as good citizens and faithful Very respectfully, your obedient servant,
Mr. RICHARDSON. The gentleman now sureties, was to step in and intorm the Government
comes back to very nearly the point upon which of the fact that their principal was a defaulter, Hon. EDWARD BATES, Attorney General.
the judgment of the court in this case was ren which they promptly did. Ifihe Government then
dered. Technically, they are responsible; equit- | persisted upon placing money in the hands of a UNITED STATES DISTRICT ATTORNEY'S OFFICE,
ably, they are not. It is unjust to demand this known defaulter when the sureties had protested CHICAGO, April 3, 1862. money of the securities when, if the officers of the | against it, is it fair, is it acting in good faith toward Dear Sir: I inclose to you a copy of a leiter addressed Government had acted on the notification made these sureties, when they have not failed in the disto llon. Edward Bates, Aitorney General, in reference to
to them, and with held the advancement of money charge of their duty, to put our hands into their the application of Mr. Hoyne to have a part of the judgment against himself and others as sureties or C. U. Pine, late
to this man until an investigation had been made, || pockets and take the amount of money which was marchal of this district, remitted. The Attorney General this claim would not have arisen. It was certainly | wrongfully placed in the hands of this officer and has decided that he has no power to remit any part of the the duty of the officers of the Government, when for which he is a defaulter? I think not. These judgment, that it requires an act of Congress, and Mr. AR
the fact came to their knowledge that this man securities have acted in good faith. XOLD has introduced an act for that purpose, wbich has been referred to the Judiciary Cummnitice.
was a defaulter, to give him no more money. But Now, what has the Government done? The I have seen no reason to change the views I expresged in instead of doing that, instead of turning out the officers of the Government were bound to see, not