276 



CONGRESS, U. S. 



was considered to be silent respecting the du- 

 ties and powers of the Government amid such 

 circumstances as existed, then it was asked if 

 the law of nations was not a rule by which the 

 Government should act in its treatment of the 

 people of the seceded States. These questions 

 were extensively discussed at this second session 

 of the thirty-seventh Congress. To the Amer- 

 ican citizen, the history of his country presents 

 no subjects of such serious importance. 



In the Senate, immediately after the organi- 

 zation, Mr. Trumbull, of Illinois, gave notice 

 "of his intention hereafter to ask leave to in- 

 troduce a bill for the confiscation of the prop- 

 erty of rebels, and giving freedom to the per- 

 sons they hold in slavery." 



The President's Message was sent to Con- 

 gress on the next day. (See ANNUAL CYCLO- 

 PAEDIA, 1861, PUBLIC DOCUMENTS.) 



In the House, immediately upon its organi- 

 zation, Mr. Lovejoy, of Illinois, offered a joint 

 resolution tendering the thanks of Congress to 

 Capt. Wilkes. It declared that " the thanks 

 of Congress are due and are hereby tendered 

 to Capt. Wilkes, of the United States Navy, for 

 his brave, adroit, and patriotic conduct in the 

 arrest and detention of the traitors James M. 

 Mason and John Slidell." It was immediately 

 read three times and adopted. This resolution 

 was referred to the Naval Committee in the 

 Senate, and no further action taken upon it. 



Mr. Colfax, of Indiana, offered the following 

 resolution, which was adopted : 



Whereas, Colonel Michael Corcoran, who was taken 

 prisoner on the battle-field of Manassas, has, after suf- 

 fering other indignities, been confined by the rebel 

 authorities in the cell of a convicted felon : therefore, 



Resolved, That the President of the United States be 

 requested to similarly confine James M. Mason, late of 

 Virginia, now in custody at Fort Warren, until Col. 

 Corcoran shall be treated as all the prisoners of war, 

 taken by the United States on the battle-field have been 

 treated. 



A similar resolution was ofiered by Mr. 

 Odell, of New York, relative to John Slidell, 

 in consequence of the imprisonment of Col. 

 Alfred M. Wood. It was agreed to. 



Mr. Eliot, of Massachusetts, then offered 

 the following joint resolution on the conduct 

 of the war : 



Resolved, by the Senate and House of Representatives 

 of the United States of America in Congress assembled, 



1. That, in behalf of the people of these States, we do 

 again solemnly declare that the war in which we are 

 engaged against the insurgent bodies now in arms 

 against the Government has for its object the suppres- 

 sion of such rebellion, and the reestaolishment of the 

 rightful authority of the national Constitution and 

 laws over the entire extent of our common country : 



2. That, while we disclaim all power under the Consti- 

 tution to interfere by ordinary legislation with the 

 institutions of the ^several States, yet the war now 

 existing must be conducted according to the ordinary 

 usages and rights of military service, and that during 

 its continuance the recognized authority of the maxim 

 that the safety of the State is the highest law, subordi- 

 nates rights of property, and dominates over civil re- 

 lations : 3. That therefore we do hereby declare that, 

 in our judgment, the President of the United States, 

 as the Commander-in-chief of our Army, and the offi- 

 cers in command under him, have the right to emanci- 



pate all persons held as slaves in any military district 

 in a state of insurrection against the national Govern- 

 ment, and that we respectfully advise that such order of 

 emancipation be issued whenever the same will avail 

 to weaken the power of the rebels in arms, or to 

 strengthen the military power of the loyal forces. 



Its consideration was postponed to Tuesday 

 of the ensuing week, and again postponed to 

 Dec. 12. 



Mr. Campbell, of Pennsylvania, offered the 

 following : 



Resolved, That, in legislating to meet the exigencies 

 of the present rebellion, Congress should confiscate 

 the property, slaves included, of all rebels, and protect 

 the property and rights, under the Constitution and 

 laws, of all loyal citizens. 



Mr. Stevens, of Pennsylvania, also offered 

 the following : 



Whereas, slavery has caused the present rebellion in 

 the United States ; and whereas there can be no solid 

 and permanent peace and union in this Republic so 

 long as that institution exists within it ; and whereas 

 slaves are now used by the rebels as an essential 

 means of supporting and protracting the war ; and 

 whereas by the law of nations it is right to liberate the 

 slaves of an enemy to weaken his power : therefore, 



Be it resolved by the Senate and House of Represent- 

 atives of the United States of America in Congress as- 

 sembled, That the President be requested to declare 

 free, and to direct all of our generals and officers in 

 command to offer freedom to all slaves who shall leave 

 their masters, or who shall aid in quelling this rebellion. 



Sec. 2. And be it further resolved, That the United 

 States pledge the faith of the Union to make full and 

 fair compensation to all loyal citizens who are and 

 shall remain active in supporting the Union for all the 

 loss they may sustain by virtue of this act. 



The consideration of these resolutions was 

 postponed. In the Senate, on the 4th of De- 

 cember, Mr. Saulsbury, of Maryland, offered 

 the following joint resolution proposing a con- 

 ference for the settlement of the existing na- 

 tional difficulties. This was the only propo- 

 sition made at this session, which contemplated 

 a peaceful adjustment of the difficulties between 

 the North and South. It was publicly declared 

 in South Carolina that more was to be feared 

 from this proposition than from all the armies 

 of the North : 



Whereas, the people of the States of Virginia, North 

 Carolina, South Carolina, Georgia, Florida, Alabama, 

 Mississippi, Louisiana, Texas, Arkansas, and Teqnes- 

 see, are in revolt against the constitutional Govern- 

 ment and authority of the United States, and have as- 

 sumed to secede from the Federal Union, and to form 

 an independent government under the name of the 

 Confederate States of America ; and whereas the Con- 

 gress of the United States, approving the sentiment 

 expressed by the President, in his annual message, 

 "that the Union must be preserved, and hence all in- 

 dispensable means must be employed," and believing 

 that kind and fraternal feeling between the people of 

 all the States is indispensable to the maintenance of a 

 happy and prosperous Union, and being willing to 

 manifest such feelings on their part, to the end that 

 peace may be restored to a distracted country, and the 

 Union and Constitution be preserved and maintained, 

 and inviting the cooperation of the people of the afore- 

 said States in the accomplishment of oojects so bene- 

 ficial to each and all, do resolve as follows : 



Resolved, by the Senate and House of Representatives 

 of the United States of America in Congress assembled, 

 that Millard Fillmore, Franklin Pierce, Roger B. 

 Taney, Edward Everett, George M. Dallas, Thomas 

 Ewing, Horace Binney, Reverdy Johnson, John J. 



