360 



CONGKESS, U. S. 



this claim, I will not say of eminent domain, 

 but of eminent power, inherent in the national 

 Government, which at all times has a right to 

 the services of all. In declaring the slaves 

 free, you will at once do more than in any other 

 way, whether to conquer, to pacify, to punish, 

 or to bless. You will take from the rebellion 

 its mainspring of activity and strength; you 

 will stop its chief source of provisions and sup- 

 plies ; you will remove a motive and temptation 

 to prolonged resistance, and you will destroy 

 forever that disturbing influence which, so 

 long as it is allowed to exist, will keep this 

 land a volcano ever ready to break forth anew. 

 But while accomplishing this work, you will 

 at the same time do an act of wise economy, 

 giving new value to all the lands of slavery, 

 and opening untold springs of wealth ; and you 

 will also do an act of justice destined to raise 

 our national name more than any triumph of 

 war or any skill in peace. God, in His benef- 

 icence, offers to nations as to individuals, op- 

 portunity, opportunity, OPPORTUNITY, which, of 

 all things, is most to be desired. Never before 

 in history has He offered such as is now ours. 

 Do not fail to seize it. The blow with which 

 we smite an accursed rebellion will at the 

 same time enrich and bless ; nor is there any 

 prosperity or happiness which it will not scat- 

 ter abundantly throughout the land. And such 

 an act will be an epoch marking the change 

 from barbarism to civilization. By the old 

 rights of war, still prevalent in Africa, freemen 

 were made slaves ; but by the rights of war 

 which I ask you to declare, slaves will be made 

 freemen." 



Mr. Davis, of Kentucky, offered the follow- 

 ing amendment: 



Provided, That all the property owned by any per- 

 son convicted of any crime under this act shall be first 

 subject to the payment of all his debts and liabilities 

 due aud subsisting at the time thereof to loyal creditors. 



This was rejected yeas 12, nays 26. Mr. 

 Powell, of Kentucky, moved to strike out the 

 following section : 



SEC. l\.^ And le it further enacted, That the President 

 of the United States is authorized to employ as many 

 persons of African descent as he may deem necessary 

 and proper for the suppression of this rebellion, and 

 for this purpose he may organize and use them in such 

 manner as he may judge best for the public welfare. 



The question, being taken by yeas and nays 

 resulted yeas 11, nays 25 ; as follows: 



YEAS. Messrs. Carlile, Davis , Henderson, Latham, 

 Pearce, Powell, Saulsbury, Stark, Willey, Wilson of 

 Missouri, and Wright 11. 



NAYS. Messrs. Anthony, Browning, Clark, Colla- 

 mer, Cowan, Dixon, Doolittle, Fessenden, Foot, Fos- 

 ter, Grimes, Harlan, Harris, Howard, Howe, Lane of 

 Kansas, Pomeroy, Sherman, Sumner, Ten Eyck, Trum- 

 bull, Wade, Wilkinson, Wilmot, and Wilson of Massa- 

 chusetts 25. 



Mr. Henderson, of Missouri, offered the fol- 

 lowing amendment : 



That every person who shall hereafter commit the 

 crime of treason against the United States, as defined 

 by the first section of the act of April 30, 1790, and 

 snail be convicted on confession in open court, or on 



the testimony of two witnesses to the same overt act 

 of treason whereof he shall stand indicted, such person 

 shall suffer death, or be punished by imprisonment, 

 with or without hard labor, not less than five years ; 

 and all judgments on convictions of treason under this 

 act shall have the effect to forfeit to the United States 

 all the property, real and personal, rights, credits, and 

 effects of the party so convicted for and during his 

 natural life. 



The yeas and nays were ordered ; and being 

 taken, resulted yeas 12, nays 25 ; as follows: 



YEAS. Messrs. Carlile, Cowan, Davis, Henderson, 

 Latham, Powell, Saulsbury, Sherman, Stark, Willey, 

 Wilson of Missouri, and Wright 12. 



NAYS. Messrs. Anthony, Browning, Chandler, 

 Clark, Collamer, Dixon, Doolittle, Fessenden, Foot, 

 Foster, Grimes, Harlan, Harris, Howard, Howe, King, 

 Lane of Kansas, Pomeroy, Sumner, Ten Eyck, Trum- 

 bull, Wade, Wilkinson, Wilmot, and Wilson of Massa- 

 chusetts 25. 



Mr. Davis, of Kentucky, offered the follow- 

 ing amendment: 



Provided, That no slave shall be emancipated under 

 this act until such slave shall be taken into the pos- 

 session of some agent of the United States, and be in 

 tramitu to be colonized without the United States of 

 America. 



The yeas and nays were ordered ; and being 

 taken, resulted yeas 6, nays 30 ; as follows : 



Yeas. Messrs. Davis, Powell, Saulsbury, Stark, 

 Wilson of Missouri, and Wright 6. 



NAYS. Messrs. Anthony, Browning, Chandler, 

 Clark, Collamer, Cowan, Dixon, Doolittle, Fessenden, 

 Foot, Foster, Grimes, Harlan, Harris, Henderson, 

 Howard, Howe, King, Lane of Kansas, Latham, Pome- 

 roy, Sherman, Sumner, Ten Eyck, Trumbull, Wade, 

 Wilkinson, Willey, Wilmot, Wilson of Massachusetts 

 30. 



Mr. Saulsbury, of Delaware, moved to strike 

 out the following section : 



SEC. 9. And be it further enacted, That at any time 

 after the passage of this act, whenever the President 

 of the United States shall deem it necessary for the 

 suppression of this rebellion, he shall issue his pro- 

 clamation commanding all persons immediately to lay 

 down their arms and to return to their allegiance to 

 the United States ; proclaiming that if any person 

 within any State or district declared by him in a state 

 of insurrection, shall be found in arms against the 

 Government of the United States thirty days after the 

 date of such proclamation, or giving aid aud comfort 

 to the present rebellion, the slaves of all such persons, 

 within such State or district, shall be made free, and 

 thereupon the slaves of all such persons, at the expira- 

 tion of said thirty days, shall be free and forever dis- 

 charged from any and all claim to their labor or ser- 

 vice, any law or custom of any State notwithstanding 



Mr. Saulsbury said: "The only intention of 

 the section, as a whole, is to attempt to confer 

 on the President a power which this Congress 

 cannot confer on him, and that is to liberate 

 slaves in the States by proclamation. If any 

 benefit could result to the country from any 

 such proceeding, certainly some benefit would 

 have been experienced heretofore, for we have 

 had two or three generals attempting that 

 game." 



Mr. Trumbull, of Illinois, followed in favor 

 of a still stronger section, saying : " I shall vote 

 with the Senator from Delaware to strike out 

 this ninth section; and I hope that all the 

 friends of a really efficient measure will vote 

 with me. Let us strike it out, and put in a 



