CONGRESS, U. S. 



273 



reao'n of your Constitution, that our war with 

 them must he tested by the laws of war, and 

 these questions must be decided by the laws of 

 war as recognized and practiced among civil- 

 ized nations in ancient and modern times,' I ask 

 you for your authority under the Constitution 

 of the United States, and as a Government cre- 

 ated by it, to wage this war. I regard the ad- 

 mission contained within that sentence as preg- 

 nant with meaning, and, if correct, fatal to the 

 cause of reunion." 



Mr. Eichardson, of Illinois, said : " I do not 

 understand that Congress has any power in 

 time of war that it has not in time of peace. 

 Since our national existence we have passed 

 through two wars, and no party, no depart- 

 ment of the Government, no man in the Gov- 

 ernment, no court has ever held that Congress 

 had more power in time of war than it has in 

 time of peace. The power of Congress in both 

 cases is derived from the same source the Con- 

 stitution of the United States. It can draw no 

 power from any other source. The claim that 

 the President or Congress has power derived 

 from war above the Coastitution is of recent 

 origin. 



"But, Mr. President, extraordinary as it may 

 seem, the Senator from Ohio says that we are 

 engaged in a war, that this is not an insurrec- 

 tion which we are putting down, that the war 

 is being carried on between belligerents, and 

 that Congress derives its power from the law 

 of nations governing war. Sir, let me ask what 

 power Congress can derive from the law of 

 nations ? Is there any additional power what- 

 ever it can derive which is not granted by the 

 Constitution ? Can Congress change the law of 

 nations in any particular ? Of course we must 

 be governed by the laws of civilized warfare, 

 but how can Congress derive any authority from 

 the law of nations ? 



" If the Senator from Ohio is right, if his po- 

 sition is correct, I maintain that there are but 

 two things which can be done in reference to 

 this matter. If this is a war between bellig- 

 erents all we can do is to treat or conquer, 

 and no law that Congress may make will have 

 any influence or power on our enemies so long 

 as they are belligerents. I shall not trouble 

 myself to hunt up the writers on the law of na- 

 tions and read long extracts, but I lay down the 

 proposition, and I invite the Senator from Ohio 

 to discuss it. 



" The Senator from Ohio says there is nothing 

 in the Constitution preventing the course which 

 he proposes. I do not state his precise language, 

 but that is the substance of what he said. Sir, 

 that statesman in search of power for Congress 

 who is driven to this argument is argumentless. 

 It cannot be supported by precedent ; it cannot 

 be supported by reason ; it cannot be supported 

 by principle. I do not propose to amplify on 

 these propositions ; I merely state them. I am 

 speaking without notes and with very little 

 preparation. 



u But the Senators, however much they may 

 VOL. iv. 18 A 



differ in reference to the point from which they 

 derive the power, all seem to concur in the 

 proposition that it is necessary in order to bring 

 this war to a successful issue that you shall dis- 

 pose of the question of slavery. I concur to 

 some extent with those who say that the insti- 

 tution of slavery is gone ; but I say you may 

 wipe it from existence to-morrow, and you ad- 

 vance no step toward the putting down of tha 

 rebellion, if it is a rebellion, or the ending of 

 the civil war, if it is civil war. We have tried 

 that for three years, and how far has it advanced 

 our cause? Your Proclamation of Emancipation 

 gave to Jeff. Davis fifty thousand bayonets 

 when his cause was sinking. Your acts of con- 

 fiscation gave to him armies when he could not 

 have got armies by any other means. You have 

 pursued this line of policy, this course of legis- 

 lation, and it has accomplished nothing. All 

 the interests of the country, the interests of the 

 white race, demand that we should bring this 

 war to a speedy close, preserving the integrity 

 of the Union and the rights of the States. 



Xow, Mr. President, I differ from some of 

 my own friends on this side of the Chamber. 

 In the army of the Confederacy they have not 

 to-day over two hundred and fifty thousand 

 men ; they had not during last year over three 

 hundred thousand ; they have never had over 

 four hundred thousand men at any time during 

 the progress of the war. We have to-day seven 

 hundred thousand, that is we are feeding and 

 paying that many. The President has called 

 for five hundred thousand more. We have 

 never had less than six hundred thousand in the 

 field, often eight hundred thousand. The credit 

 of Mr. Davis's government is worthless. The 

 people inside of their lines are suffering for many 

 of the necessaries of life, and the supplies both 

 of materials of war, ammunition, and the like, 

 and food, are scarce and diflScult to be obtained 

 for their army. 



" Why is it that this civil war has been per- 

 mitted to linger so long? You have all the de- 

 partments of the Government and such an 

 army as the sun has never shone upon. Why 

 did you not end it last year ? Why do you not 

 do it now ? You have armies and resources, 

 credit and money. Why don't you end the 

 war? 



"I will tell you why you cannot. Your 

 thoughts are turned upon the negro ; your 

 legislation is directed for his benefit ; your ideas 

 all float in and around him, from your Ex- 

 ecutive down. Instead of turning your atten- 

 tion to putting down the rebellion, to en- 

 forcing the laws of the Union under the 

 Constitution, which you have the right to do 

 you are legislating for the benefit of the negro. 

 That white man who has borne civilization so 

 far, you have lost sight of and ignored. Sir, 

 you are responsible before the American peo- 

 ple to-day for the continuance of this war. You 

 have made no call for troops that has not been 

 answered. You have had the resources of the 

 country with you. Any other country on the face 



