CONGRESS, UNITED STATES. 



241 



where they are severally kept or confined; also 

 whether any person or persons, for any alleged like 

 offence, have been banished or sent from the United 

 States, or from the States not in rebellion to the re- 

 bellious States ; and the names, times, alleged of- 

 fences or cause thereof, and whether with or without 

 trial; and if tried, before what court. 



The motion to lay on the table was lost by 

 the following vote : 



YEAS Messrs. Ames, Ashley, Baxter, Beaman, 

 Blair, Boutwell, Broomall, Ambrose W. Clark, Free- 



Julian, Kasson, Kelley, Francis W. Kellogg, Knox, 

 Littjejohn, Loan, Longyear, Marvin, McBride, Mc- 

 Clurg, Samuel F. Miller, Morrill, Daniel Morris, 

 Amos Myers, Norton, Patterson, Perham, Pomeroy, 

 William H. Kandall, John H. Rice, Edward H. Rol- 

 lins, Shannon, Sloan, Smith, Smithers, Starr, Tracy, 

 Upson, William B. Washburn, and Worthington 

 54. 



NATS Messrs. James C. Allen, Allison, Ancona, 

 Baily, Augustus C. Baldwin, John D. Baldwin, Bliss, 

 Brandegee, James S. Brown, William G. Brown, 

 Chanler, Clay, Coffroth, Cox, Dawson, Denison, 

 Donnelly, Driggs, Eden, Edgerton, Eldridge, Finck, 

 Ganson, Griswold, Harrington, Charles M. Harris, 

 Herrick, Holman, Hutchins, Ingersoll, Kalbfleisch, 

 Orlando Kellogg, Kernan, Knapp, LeBlond, Long, 

 Mallory, Marcy, McKinney, William H. Miller, 

 James R. Morris, Nelson, Noble, Odell, Pendleton, 

 Pruyn, Radford, Ross, John B. Steele, William G. 

 Steele, Thayer, Townsend, Wadsworth, Whaley, 

 Wheeler, Wilson, Winfleld, and Fernando Wood 

 58. 



It was subsequently referred to the Commit- 

 tee on Military Affairs. 



In the Senate, on March 3d, the Civil Ap- 

 propriation Bill being under consideration, Mr. 

 Lane, of Indiana, moved to strike out the fol- 

 lowing section : 



SEC. 18. And be it further enacted, That no person 

 shall be tried by court-martial or military commission 

 in any State or Territory where the courts of the 

 United States are open, except persons actually mus- 

 tered or commissioned or appointed in the .military 

 or naval service of the United States, or rebel ene- 

 mies charged with being spies. 



He said : " Mr. President, here is a regular ap- 

 propriation bill, every item of which is to carry 

 out an express provision of law or is recom- 

 mended by one of the Departments of the Gov- 

 ernment ; and upon that bill in the last hours 

 of the session is introduced this provision cal- 

 cufated to revolutionize and change the whole 

 military jurisprudence of the country for the 

 last four years. What business has this propo- 

 sition upon such an appropriation bill ? What 

 connection has it with an appropriation bill ? 

 I fail utterly to see that it has any connection 

 with the bill before the Senate. You are told 

 by this provision that no one, except those in 

 the military or naval service of the United 

 States or a spy within our lines, shall be tried 

 by a court-martial. Is that the law? Has it 

 been the law for the last sixty years, or from 

 the very foundation of the Government ? No 

 such provision has been the law. I ask the 

 Secretary to read the fifty-sixth and fifty- 

 seventh Articles of "War passed under the Ad- 

 Voi,. T. 16 A 



ministration of Thomas Jefferson, who was a 

 democrat when democracy was not an idle 

 name ; when it meant something ; when it 

 meant devotion to human rights ; and there 

 you will see the jurisdiction of military courts 

 affirmed and confirmed. Those articles have 

 been applied in military courts for the last 

 sixty years ; and yet we are now told that this 

 whole jurisdiction shall be stricken down in 

 this time of war and rebellion. I ask the Sec- 

 retary to read those two sections to show the 

 complete jurisdiction of military courts in all 

 such cases." 

 The Secretary read as follows : 



56. Whosoever shall relieve the enemy with money, 

 victuals, or ammunition, or shall knowingly harbor 

 or protect an enemy, shall suffer death, or such other 

 punishment as shall be ordered by the sentence of a 

 court-martial. 



57. Whosoever shall be convicted of holding cor- 

 respondence with, or giving intelligence to the ene- 

 my, either directly or indirectly, shall suffer death, 

 or such other punishment as shall be ordered by the 

 sentence of a court-martial. 



Mr. Lane continued : " The Senate will per- 

 ceive by reading the section immediately pre- 

 ceding these two sections that the punishment 

 was confined to men enlisted in the military or 

 naval service ; but when it comes to these pro- 

 visions, these two classes are expressly exclud- 

 ed, and it applies to every one in a time of war 

 who shall give aid and comfort to the enemy. 

 If you will read the four preceding section? 

 you will find that they apply expressly to men 

 in the naval or military service of the United 

 States ; but when it comes to these two sec- 

 tions, these classes are expressly excluded, and 

 it applies universally to all people, and it should 

 so apply. We are now in a state of civil war. 

 The war rages South and the war rages North, 

 and wheresoever aid and comfort are given to 

 the enemy there the jurisdiction of a military 

 court applies, and ought to apply. 



"How was it last summer in my own State? 

 A treasonable organization was gotten up to 

 murder and assassinate our governor, to release 

 the rebel prisoners, and to deluge in blood the 

 fair plains of that great State from the lakes to 

 the Ohio River, giving aid and comfort to the 

 enemy. Military courts were organized to try 

 the conspirators, and they may now be under 

 sentence of death ; but if you adopt this propo- 

 sition, you rebuke the whole policy of the Gov- 

 ernment. A court is now organized in Ohio to 

 try the Chicago conspirators, who were in com- 

 plicity, as I verily believe, as much as I believe 

 in my own existence, or in the God above 

 me, with many of the leaders of the Chicago 

 convention to revolutionize the Northwestern 

 States, to release the rebel prisoners, and to 

 burn the city of Chicago. They are now under 

 trial ; but if you adopt this proposition, they 

 cannot be tried by a military court. They 

 must be turned over to the civil tribunals. 

 How are they constituted? By a jury to be 

 called, with the right of challenge and the.righ* 

 of the ' Sons of Liberty ' to sit upon the jury 



