358 



CONGKESS, U. S. 



We have the right, and it is our duty to do it ; and if 

 we had wasted less time in doing it, it would probably 

 be just as well. We ought, then, religiously to adhere 

 to the promises we made to the people of this country 

 when Mr. Lincoln was elected President. We ought 

 religiously to abstain from all interference with the do- 

 mestic institutions of the Slave or the Free States. We 

 ought to stand by the Constitution as it is, by the Union 

 as it is. Whether rebels are in arms or not, our duty 

 is to stand by our pledges, to stand by our manhood; 

 and I, for one, will do it. 



" If we make a law, intending it to be oper- 

 ative, by which we declare that the slaves of 

 all engaged in this rebellion, or of all the offi- 

 cers and classes mentioned in the amendment 

 of the Senator from Ohio are free, and all right 

 over them abolished, do you believe, does any 

 man of common sense believe, that you can 

 make the world understand that we have not 

 interfered with slavery in the States, and not to 

 a very limited extent either, but to about the 

 whole extent to which it exists ? All remarks, 

 however ingenious, and all sophistry, however 

 plausible, which can make this look any other- 

 wise, is but a delusion. It cannot be seen in 

 any other light. This is not put on the ground 

 that it is a military operation, not on the 

 ground of proceedings in rem, not that it de- 

 prives a man of his property and yet leaves him 

 to be hung, not upon any conviction, not upon 

 any process of law whatever, except this law 

 which we now make. 



" It seems to me, obtuse as I am, perhaps, in 

 my perceptions, that that is directly interfering 

 with this plighted faith ; and it seems to me, 

 further, that it is in direct violation of the pro- 

 visions, prohibitions, and securities which the 

 Constitution enacts. I, for one, will not do it. 

 I do not regard myself as needing any apology 

 for not doing it. I do not think my people wish 

 me to contribute to breaking any provision of 

 the Constitution, and they know I would not 

 do it if they did wish it ; nor do they need any 

 apologies from me for regarding the oath I 

 have taken." 



Mr. Collamer then submitted an amendment, 

 or bill of his own, which with several other 

 amendments were referred to a select commit- 

 tee of nine Senators. 



The following committee was afterward ap- 

 pointed : Mr. Clark chairman, Mr. Collamer, 

 Mr. Harlan, Mr. Cowan, Mr. Wilson of Massa- 

 chusetts, Mr. Harris, Mr. Sherman, Mr. Hender- 

 son, and Mr. Willey. 



This committee subsequently reported a bill, 

 the first section of which provided that every 

 person who should hereafter commit the crime 

 of treason against the United States and be ad- 

 judged guilty thereof, should suffer death, and 

 all his slaves, if any, be declared and made free, 

 or he should be imprisoned not less than five 

 years, and fined not less than ten thousand dol- 

 lars and all his slaves, if any, be declared and 

 made free. 



Mr. Clark, of New Hampshire, said: "The 

 desire of the committee was to harmonize the 

 various shades of opinion and the various plans, 



and to present something to the Senate which 

 they thought might be passed. 



Mr. Trumbull, of Illinois, moved to strike 

 out the first section of the bill. He said : " If 

 any unconstitutional bill has been offered to 

 the Senate, this bill in its first section is uncon- 

 stitutional. Beyond that, the section is a pro- 

 vision simply to make treason easy. It is a 

 provision to lighten the punishment for treason. 

 I doubt whether this is the best time to do that. 

 Our fathers prescribed the penalty for treason. 

 They regarded it as the most atrocious crime 

 that man could commit." 



Mr. Clark, of New Hampshire, replied : u I 

 expected an assault to be made upon the bill 

 by those who wanted to take property without 

 any trial. I did not suppose a trial would suit 

 such persons; it is not quick enough. But I 

 hope, notwithstanding, the Senate will not con- 

 sent to strike out this section. By the old law, 

 the punishment of treason was death, and is 

 death by the law now. In the circumstances 

 of this rebellion, where there is a great variety 

 of shades of guilt, where there is the man who 

 leads on and incites the rebellion, and the man 

 who is drawn into it, the committee thought 

 there should be a difference in punishment ; that 

 in some cases death would not be too severe, 

 and in other cases death would be too severe, 

 where some punishment should be inflicted. 

 If the law should be permitted to stand as it 

 now stands, if you try a person for treason he 

 must be executed unless pardoned. You can- 

 not imprison him ; you cannot fine "him ; but 

 you must take his life, or pardon him. We de- 

 sired to give discretion to the court." 



Mr. Davis, of Kentucky, moved to amend 

 by striking out the words " and all his slaves, 

 if any, shall be declared and made free." 



Mr. Clark, of New Hampshire, said : " I want 

 to inquire of the Senator why, when he has 

 taken away the life for treason, or when he 

 has incarcerated the body and shaved the head 

 and made the man sit in sackcloth, he objects 

 to taking away his negro also ? Take his life, 

 or shave his head, put manacles on him, set 

 him down in sackcloth and ashes, but do not 

 touch his negro ! " 



Mr. Davis : " I have no objection to taking 

 his negro, or any property whatever, if you 

 just confiscate it lonafide. The Congress of 

 the United States have no power to liberate a 

 slave in a State, or to authorize it to be done. 

 I have no objection to slaves being treated like 

 lands, or any other property. I think myself 

 they ought to be subjected to the same law and 

 to the same course of appropriation that other 

 property is. I do not think there ought to be any 

 distinction. The reason that I do not give in 

 to the view of the gentleman is, that I believe 

 it is not competent for Congress to liberate or 

 to authorize the liberation of a negro anywhere, 

 and particularly in the States." 



Mr. Clark : " Let the Senator give me his at- 

 tention a moment, and I think he will agree 

 with me that it is not competent for Congress 



