CONGRESS, U. S. 



313 



to execute the laws, within that State. While 

 you pretend to be for the Constitution as it is, 

 ou say to this people, that inasmuch as they 

 e in a minority, and inasmuch as the major- 

 ;y have taken up arms against the Govern- 

 .ent of the United States and of the State of 

 irginia, they are without the protection of 

 cal State law ; that their representatives duly 

 ected are not and cannot be called the Legis- 

 ,ture of Virginia. 



" I think I have said enough to satisfy the 

 ntlemen who have done me the kindness to 

 tend to what I have said, that the Legislature 

 hieh assembled at Wheeling, Virginia, was 

 e Legislature of the State of Virginia ; and 

 at it remains with you alone to determine 

 hether it shall be or not. If you affirm that 

 is, there is no appeal from your decision. I 

 ready, for one, to affirm it, and upon the 

 distinct ground that I do recognize, in the lan- 

 guage of Mr. Madison, even the rights of a mi- 

 nority in a revolted State to be protected, under 

 the Federal Constitution, both by Federal law 

 and by State law. I hold, sir, that the Legis- 

 lature assembled at Wheeling, then, is the legal 

 Legislature of the State ; that it had power to 

 assent to this division of the State of Virginia ; 

 and that it is wholly immaterial to me whether 

 a majority of the counties of that State refused, 

 by reason of their treason, to cooperate in the 

 election of delegates and senators to that Le- 

 gislature. On the subject of granting the ad- 

 ission of the proposed State, to which that 

 >dy has assented, it is enough for me to know 

 ere is a sufficient number of loyal men within 

 e limits of the proposed State to maintain the 

 achinery of a State government, and entitle 

 em to Federal representation. That is the 

 inly rule heretofore recognized by Congress in 

 the matter of admitting new States duly organ- 

 ized." 



The vote was then taken as follows : 



YEAS Messrs. Aldrich, Arnold, Babbitt, Baker, Bax- 

 ter, Beaman, Bingham, Jacob B. Blair, Samuel S. Blair, 

 Blake, William G. Brown, Buffinton, Burnham, Camp- 

 bell, Casey, Chamberlain, Clark, Clements, Colfax, 

 Frederick A. Conkling, Covode, Cutler, Davis, Duell, 

 Dunn, Edgerton, Edwards, Eliot, Ely, Fenton, Samuel 

 C. Fessenden, Thomas A. D. Fessenden, Franchot, 

 Frank, Goodwin, Gurley, Haight, Hale, Harrison, 

 Hickman, Hooper, Horton, Hutchins, Julian, Kelley, 

 Francis W. Kellogg, William Kellogg, Killinger, Lan- 

 eing, Lehman, Loomis, Lovejoy, Low, McKnight, Mc- 

 Pherson, Maynard, Mitchell, Moorhead, Anson P. Mor- 

 rill, Justin S. Morrill, Nixon, Noell, Olin, Patton, Tim- 

 othy G. Phelps, Pike, Pomeroy, Porter, Potter, John 

 H. Rice, Riddle, Edward H. Rollins, Sargeant, Sedg- 

 wick, Shanks, Sheffield, Shellabarger, Sherman, Sloan, 

 Spaulding, Stevens, Stratton, Trimble, Trowbridge, 

 Van Horn, Van Valkenburgh, Van Wyck, Verree, 

 Walker, Wall, Washburne, Whaley, Albert S. White, 

 Wilson, Windom, and Worcester 96. 



NAYS Messrs. William J. Allen, Alley, Ancona, 

 Ashley, Baily, Biddle, Cobb, Roscoe Conkling, Con- 

 Way, Cox, Cravens, Crisfield, Crittenden, Delano, Del- 

 aplaine, Diven, Dunlap, Gooch, Granger, Grider, Hall, 

 Harding, Holman, Johnson, Kerrigan, Knapp, Law, 

 Mallory, Menzies, Morris, Noble, Norton, Odell, Pen- 

 dleton, Price, Alexander H. Rice, Richardson, Robin- 

 son, James S. Rollins, Segar, Shiel, Smith, John B. 

 Steele, William G. Steele, Stiles, Benjamin F. Thomas, 



Francis Thomas, Train, Vallandigham, Voorhees, 

 Ward, Chilton A. White, Wicklifie, Wright, and Yea- 

 inuii 55. 



The bill was sent to the Senate, and without 

 debate passed. For the bill, see ANNUAL CY- 

 CLOPAEDIA, 1862, VIRGINIA, WEST. 



In the Senate on the 29th of January, the 

 bill giving aid to the State of Missouri for the 

 purpose of securing the abolition of slavery in 

 said State was considered. Mr. Henderson, of 

 Missouri, proposed to amend the second section 

 so that it should read as follows : 



That in case the law or act of emancipation to be 

 adopted by said State shall provide for the full and 

 perfect manumission of all the slaves therein on or 

 before the 4th day 9f July, A. D. 1865, and the future 

 exclusion of the system of slavery from the State for- 

 ever thereafter, the President shall cause bonds to the 

 amount of $20,000,000 to be prepared and delivered as 

 aforesaid immediately on the passage of said act. But 

 if it should provide for the termination of slavery at a 

 date subsequent to that last named, then said bonds, 

 to an amount not exceeding $10,000,000 in the aggre- 



ate, shall be delivered in four equal instalments, 

 ating from the passage of such act to the time when 

 slavery shall cease under its provisions. 



He thus explained his object in the proposed 

 amendment : "If the act passed by the Legis- 

 lature shall provide for the exclusion of slavery 

 on or before the 4th of July, 1865, I propose 

 to grant $20,000,000 for that purpose ; and if 

 it shall take place at a subsequent date, or if 

 the Legislature, in other words, shall adopt a 

 gradual system of emancipation, I propose that 

 $10,000,000 shall be, granted; and I do it not 

 because I desire to reduce the amount, but 

 because I am satisfied that senators will not 

 vote for $20,000,000 under a gradual system 

 of emancipation. I am satisfied that it cannot 

 be carried." 



Mr. Sherman, of Ohio, said : " To carry put 

 the pledge we made a year ago, I am willing 

 to vote $10,000,000 in the bonds of the United 

 States to the State of Missouri. I would pre- 

 fer a system of gradual emancipation to a sys- 

 tem of immediate emancipation. I will not 

 vote for granting any more money. I have 

 made up my mind on the subject. I think 

 $10,000,000 is as much as we ought to allow 

 the State of Missouri under the circumstances. 

 Many of her people are disloyal, and they 

 ought not to receive anything." 



Mr. Wilson, of Massachusetts-, was opposed 

 to the amendments. " With these provisions 

 in the amendment, I shall not vote for it. I 

 shall not give my vote to aid in permitting 

 the State of Missouri to hold men in bondage 

 thirteen years longer. I desire to see that 

 State free, and free now ; free within a very 

 few years at least." 



Mr. Fessenden, of Maine, doubted the con- 

 stitutionality of the measure saying : " The 

 recommendation of the President, as I under- 

 stood it, and I believe I commented on it at 

 the time, and the resolution we passed, was 

 that the United States ought to aid any State 

 that wished to abolish slavery ; not that Con- 



