CONGRESS, UNITED STATES (1863). 



97 



million slaves at a blow, 352 ; effect upon the 

 war, 353 ; pass this bill, and all that is left of 

 the Constitution is not worth much, 353 ; the 

 supreme power of conducting war is in Con- 

 gress, 353 ; no limit to the power of Congress, 

 353 ; it leaves to the citizens of the seceded 

 States the ownership of nothing, 354; want 

 of power, 354; Congress cannot interfere with 

 slavery in the States, 355 ; wars should not be 

 a revengeful policy, 355 ; ends for which the 

 Constitution was made, 356; two classes of 

 persons whose property is forfeited, 356; it 

 will cut off the great market of the free States, 

 356 ; depriving a person of his property with- 

 out process of law, 357 ; Congress no right to 

 interfere with slavery in a State, 357; inter- 

 fering with plighted faith, 358 ; subject re- 

 ferred to a select committee, 358 ; report, 358 ; 

 the bill reported unconstitutional, 358 ; moved 

 to except slaves, 358 ; liberation is not confis- 

 cation, 358; the term forfeiture, 359; a sub- 

 stitute, 359; votes on the amendments, 360; 

 motion to strike out the section authorizing 

 the President to issue a proclamation of eman- 

 cipation, 360 ; Congress no power to authorize 

 him, 360 ; inexpedient, 361 ; contest in the 

 Senate on the bill, 362; the debate in the 

 House, 362 ; the Constitution not to be tram- 

 pled on, 362 ; the bills examined under the 

 law of nations and the Constitution, 362- 

 365 ; contest in the Senate renewed, 366 ; not 

 one single word or letter in the Constitution 

 which gives Congress any power to do an act 

 in the exigency of war, which it cannot do in 

 times of peace, 366 ; the doctrine that would 

 concentrate all power in the Executive most 

 fatal, 367 ; indifferent whether the Federal or 

 Confederate States triumph, 367; the war 

 power of the Government explained, 367, 368 ; 

 doctrines subversive of every principle of free 

 government, 369; authority of the President 

 over the army and navy, 369; has Congress 

 authority to control or direct the President in 

 the use of the military force ? 369 ; fatal sophis- 

 try to deny it, 369 ; manner in which the pro- 

 ceedings of the Senate have been conducted, 

 370 ; vote on the bill, 370 ; a substitute moved, 

 371 ; vote, 371 ; committee of conference, 371 ; 

 subsequent legislation on the measure, 371 ; 

 amendments moved, 372; confiscation and 

 forfeiture, 373 ; features of the bill, 373 ; ex- 

 planatory provision, 374; adopted, 374; mes- 

 sage of the President relative to the bill, 374. 

 7 



Acts of a general nature passed, 375 ; num- 

 ber of representatives in Congress, 375 ; addi- 

 tional article of war, 375 ; abolition of slavery 

 in the District of Columbia, 375 ; Department 

 of Agriculture, 375 ; homesteads to settlers, 

 375 ; railroad and telegraph to the Pacific, 375 ; 

 punishment of polygamy, 375 ; oath to be taken 

 by public officers, 376. 



III. Session of 1862-'63 : list of members, 

 233 ; resolution relative to arrests, 233 ; do. 

 relative to persons in prisons, 233, 234; do. 

 relative to a convention, 234 ; do. relative to 

 the sale of freemen into slavery by the enemy, 

 234; do. relative to propositions for peace, 

 234 ; do. relative to a military governor in the 

 district of Columbia, 234; do. relative to as- 

 sisting the Government, 235 ; do. explanatory, 

 235. 



Resolution relative to arrests in Delaware, 



235 ; why were the persons arrested ? 235 ; no 

 cause ever stated, 235 ; the Senate ought not 

 to be engaged in calling upon the Government 

 for this kind of information, 235 ; ought to 

 have had several thousand arrests, 235 ; never 

 has any Government been so humane, so just, 

 so merciful, 235 ; the value of a Government 

 heretofore consisted in the guardianship it 

 afforded to the individual liberty of the citi- 

 zen, 235 ; prison door open to all arrested on 

 suspicion if they will take the oath, 239 ; sol- 

 diers sent to every voting place in the two 

 lower counties of Delaware at the last election, 

 236 ; it is said men ought not only to have 

 been arrested and imprisoned, but hung or 

 shot, 236 ; explanation, 236 ; exercise of this 

 power regretted, 236 ; the President has as- 

 serted and claimed the right to dispense with 

 the law requiring the habeas corpus to issue, 



236 ; judiciary powerless for redress, 237 ; can 

 a government be free with the judiciary set at 

 defiance? 237 ; we cannot afford these arrests, 

 237; if the writ is suspended, there is no right 

 to make these arrests, 237 ; point to the clause 

 of the Constitution or the law that authorizes 

 officials to make arrests, 238 ; a question pro- 

 posed, 238 ; is the habeas corpus used only for 

 the purpose of inquiring whether the process 

 was legal? 238; in some cases the guilt or 

 ignorance may be inquired into, 238 ; does the 

 suspension of the writ authorize the President 

 to arrest and imprison a man? 239; what if 

 certain persons are arrested in Delaware ? 239 ; 

 willing to trust these affairs to the President, 



