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INDEX OF CONTEXTS. 



tinn clause of the enrolment act considered, 266 ; the 

 omancipation proclamation was issued independent of 

 the meeting of State Governors at Altoona, 266 ; when 

 was the issuing of the proclamation determined on? 

 267; what was the contingency on the happening of 

 which the proclamation was issued ? 26T ; note, letter of 

 Owen Lovejoy on the time of issuing the emancipation 

 proclamation, 267. 



In the Senate, the bill to promote enlistments consider- 

 ed, 267 ; moved to strike out the section giving freedom to 

 the mother, wife and children of negro soldiers, 257 ; the 

 section clearly unconstitutional, 268 ; no power in Con- 

 gress to pass such a law, 268 ; the present law, 263 ; if 

 Congress has the power by the mere fact of a slave serving 

 for an hour, or two hours, or a day, to emancipate all his 

 relatives, has it not also the power to-day to pass a la\v 

 emancipating the slaves of Kentucky and Missouri, upon 

 the ground that slavery stands In the way of peace ? 2G9 ; 

 a question of the emancipation of the whole negro race of 

 the country, 269 ; can we emancipate them either as a 

 punishment of rebels, or a reward for military services? 

 209 ; the existence of an insurrection will not justify in- 

 terference with slavery, 269; every department of the 

 Government has settled the character of the present 

 struggle, 269 ; we are obliged to wage the war according 

 to the laws of war, 270 ; the Constitution furnishes no 

 guide for treating public enemies, 270; you must treat 

 them as enemies, 270 ; what are our rights over them 

 under the laws of war? 270; the record of history on 

 the arming and emancipation of slaves, 270; is there 

 any thing in the Constitution that forbids us from em- 

 ploying free negroes or slaves ? 271 ; on the subject of 

 emancipation ready now to go as far as any one, 271 ; 

 positions assumed, 271 ; authority of J. Q. Adams, 271 ; 

 to the Constitution and not to the laws of war we must 

 look for all power which we can rightfully exercise, 271 ; 

 such assumptions give to the rebellion a position it never 

 could have attained, 272 ; the whole scope and plan of 

 the powers of the Government is to operate upon indi- 

 viduals and not States, 272 ; what are the war powers of 

 the General Government? 272; they are contained in 

 the Constitution, 272 ; the principle established by the 

 foundation of this Government was, that a union of 

 States having different interests and local institutions, 

 could be formed for purposes of common defence, 272 ; 

 exert this power which is proposed to be exercised, and 

 you declare that after seventy years of trial, the princi- 

 ple has proven to be a failure, 272 ; we have never as a 

 Congress recognized the Confederate States as a belliger- 

 ent power, 272 ; Congress has no power in time of war 

 that it has not in time of peace, 273 ; why has this civil 

 war been permitted to linger so long ? 273 ; other amend- 

 ments offered, 274; the General Government has no 

 higher right to interfere with property in slaves than ;t 

 has in lands or horses, or any other subject of property, 

 274 ; it will not do to say there can be no property in 

 slaves there ought to be no compensation for them, 275 ; 

 suspension of the bill, 275. 



In the House, a resolution to amend the joint resolu- 

 tion explanatory of the act to suppress insurrection, &c., 

 considered, 275 ; the proposition is to substitute for the 

 language of the resolution of 1862, the language of the 

 Constitution, 275; it leaves the whole matter of forfeit- 

 ure in fee or confiscation for life to the courts, 275 ; mean- 

 ing of the action of the President and Congress in 1S62, 

 275, 276; expediency of the measure, 276; the whole 

 question of our power to punish treason rests upon the 

 construction given to the limitation in the clause of the 

 Constitution, 276 ; words of the Constitution, 276 ; what 

 is a fair import of the words ? 277 ; substitute the word 



"unless" for "except," 277; punishment in England 

 277 ; it is said the science of philology is progressive 

 278 ; the phraseology of the Constitution most carefullj 

 guarded, 27S; the word "unless" does not change the 

 meaning at all, 278 ; the forfeiture must be effected dur- 

 ing life, 278 ; the Constitution deals merely with corrup- 

 tion of blood and its operation, 279 ; the law of the last 

 Congress, 279 ; what does the Constitution provide ? 279 ; 

 the Constitution has no reference to any one of the pro- 

 visions of the bill, 279 ; the law states how you are to 

 seize and condemn the property, 280 ; essential to ascer- 

 tain what relation the seceded States bear to the United 

 States, 280 ; a question of vast importance, 280 ; what is 

 the relation of the Confederate people ? 280 ; Vattel, 280 ; 

 the contest has the character of civil war, 281 ; what tho 

 effect of this public war between these foreign nations, 

 281 ; Vattel, Phillimore, Kent, Lieber, the Supremo 

 Court, 281 ; said to be a contest with individuals, 281 ; 

 you cannot punish them as traitors, 281 ; there can be no 

 neutrals in a hostile State, 282 ; the idea that the loyal 

 citizens though few are the State cannot be compre- 

 hended, 283; if the United States succeed, how shall we 

 treat the vanquished belligerent? 283; two positions 

 taken by very opposite parties upon the status of those 

 engaged in the rebellion, 283 ; the laws of nations recog- 

 nize the right of conquest between the parties to a pub- 

 lic war, but do not authorize the seizure and confiscation 

 of private property or land only in exccptcd cases, 284 ; 

 the doctrine of all writers, 284; Chief Justice Marshall, 

 2S4 ; Secretary Marcy, 284 ; J. Q. Adams' opinion, 285 ; 

 Hoffman's opinion, 285 ; it is said we may make a con- 

 quest of the eleven States, 285 ; the law of nations rec- 

 ognize in the conqueror an unlimited sovereignty, 286 ; 

 where is tho sovereignty of this country ? 286 ; the war 

 pcwers are vested in Congress, 286 ; these States arc in 

 the Union, and no power short of a successful revolution 

 can drive them out, 287 ; what is the real Issue before 

 the country? 287; amendment passed, 287; yeas anil 

 nays, 287 ; Senate Committee recommended that it do 

 not pass, 2S7. 



In the Senate, a bill to establish a Freedman's Bureau 

 considered, 287 ; amendment to repeal the joint resolu- 

 tion relative to confiscation offered, 287 ; proposed t 

 leave confiscation where the Constitution has left it, 

 288 ; it is as constitutional to take the rebel's property 

 as his life, 288; who framed the provisions of the Con- 

 stitution? 2SS; men who occupied the position of rebels 

 against English authority, 288 ; where do you get au- 

 thority to confiscate property unless from the Constitti 

 tion ? 288 ; obligations of all to obey the Constitution, 

 289 ; no Senator has a right under the Constitution to 

 shoot down a rebel, 289 ; the true question is whether, 

 by any law we can make, the estates of traitors can be 

 forfeited absolutely and in fee, 289; Congress cannot 

 enact laws of war ; to attempt it would be an absurdity, 

 289 ; the President and Senate entrusted with power of 

 agreeing to alterations in the law of nations, 290 ; in de- 

 ciding cases under the law of nations, an act of Congress 

 would have no binding force in the Courts, 290 ; can we 

 make prize of war of the real and personal estates of 

 those engaged in this rebellion ? 290 ; can we be serious 

 in expecting any good results from such measures ? 290 : 

 just what Jefferson Davis would have prayed for, 291 ; 

 is it not time to pause and inquire of the results of this 

 policy ? 291 ; these things are enough to drive a sano 

 man mad, 291 ; everybody knows the South is more di- 

 vided to-day than it was three years ago, 292 ; how is it 

 with the North ? 292 ; what may the sovereign power of 

 the United States do, and what has it delegated to the 

 courts to declare ? 292 ; further debate, 293 ; amendment 



