Part 29

But worse than its unconstitutionality is the inhumanity of this order, so shocking to the moral sense. This General, professing to fight the battle of the Constitution with the commission of the Republic, speaks of “the concealment of slaves” in the same class with “pillaging, marauding, and stealing.” I complain of this confusion of language, showing an insensibility to human rights. It is like those shameful advertisements which garnish Southern newspapers, where “the boy Tom” and “the girl Sally” are to be sold in the same lot with “horses, mules, cattle, and swine.” That such an order should be put forth in the name of our country may justly excite indignation.

On these various grounds I object to this order. In this criticism, which I make with sincere sorrow, I confine myself to the order. General Halleck is reputed an able officer, and I am sure he is an able lawyer. I do not intend to question his various capacity. But I do protest against his perverse violation of the Constitution to carry out a miserable and disgraceful proslavery policy; and I protest against his being allowed to degrade the character of our country. Sir, we are making history. Every victory adds something to that history; but such an order is worse for us than defeat. More than any defeat it will discredit us with posterity, and with the friends of liberal institutions in foreign lands. I have said that General Halleck is reputed an able officer; but, most perversely, he undoes with one hand what he does with the other. He undoes by his orders the good he does as a general. While professing to make war upon the Rebellion, he sustains its chief and most active power, and degrades his gallant army to be the constables of Slavery.

How often must I repeat that Slavery is the constant Rebel and universal enemy? It is traitor and belligerent together, and is always to be treated accordingly. Tenderness to Slavery now is practical disloyalty and practical alliance with the enemy.

Believe me, Sir, against the officers named to-day I have no personal unkindness. I should much prefer to speak in their praise; but I am in earnest. While I have the honor of a seat in the Senate, no success, no victory, shall be apology or shield for a general who insults human nature. From the midst of his triumphs I will drag him forward to receive the condemnation which such conduct deserves.

This movement ended in the Bill for Confiscation and Liberation, approved July 17th, which provided for the freedom of the slaves of Rebels. The enactments on this subject were embodied by the President in the first Proclamation of Emancipation, September 22, 1862.

NO NAMES OF VICTORIES OVER FELLOW-CITIZENS ON REGIMENTAL COLORS.

RESOLUTION IN THE SENATE, MAY 8, 1862.

In a despatch announcing the capture of Williamsburg, May 6th, General McClellan inquired whether he was “authorized to follow the example of other generals and direct the names of battles to be placed on the colors of regiments.” This gave occasion to the following resolution, moved by Mr. Sumner.

RESOLVED, That, in the efforts now making for the restoration of the Union and the establishment of peace throughout the country, it is inexpedient that the names of victories obtained over our fellow-citizens should be placed on the regimental colors of the United States.

Mr. Hale objected to its consideration; so it was postponed.

May 13th, Mr. Wilson introduced a joint resolution to authorize the President to permit regiments of the volunteer forces to inscribe on their flags the names of battles in which such regiments have been engaged; but no further action was had upon it.

* * * * *

Mr. Sumner’s resolution excited comment at the time. The _National Intelligencer_ remarked:--

“Now that public attention has for the first time been called to the subject, we presume there will be on the part of many an instinctive approval of the grounds on which Senator Sumner condemns the custom thus originated and practised by ‘other generals.’ … When the Union is restored and peace has been reëstablished, we take it that the regimental colors of the United States will preserve no trace either of Union _victories_ or Union _defeats_. The name of ‘Springfield,’ in Missouri, would otherwise perpetually remind us of the unhappy fall of Lexington in that State.”

An excellent citizen of New York, Alfred Pell, wrote that “exactly what Congress should do with base Secession standards and flags was pointed out by Mrs. Brownrigg, who

“‘whipped two female ’prentices to death, _And hid them in the coal-hole_.’”

Other testimony was from an undoubted authority, being none other than Lieutenant-General Winfield Scott, in his autobiography. After quoting the famous resolution which Rufus King laid upon the table of the Senate, February 18, 1825, fifteen days before he finally left that body, which he calls “a benign resolution,” to the effect, that, as soon as the remnant of the national debt should be discharged, the net proceeds of the whole of the public lands should constitute a fund for Emancipation, the Lieutenant-General proceeds:--

“The resolution stands a national record. Here is statesmanship, farsightedness.… Here is magnanimity, considering the hostility of the South on account of Mr. King’s powerful resistance to the admission of Missouri into the Union with Slavery. Here is a Christian’s revenge, returning good for evil. All honor to a great deed and a great name!.…

“I place in juxtaposition with the foregoing a kindred sentiment that gleamed in the same body on a more recent occasion.

“It had been proposed, without due reflection, by one of our gallant commanders engaged in the suppression of the existing Rebellion, to place on the banners of his victorious troops the names of their battles. The proposition was rebuked by the subjoined resolution, submitted by the Hon. Mr. Sumner, May 8, 1862.”

Then quoting the resolution, the Lieutenant-General adds:--

“This was noble, and from the right quarter.”[309]

BOUNTY LANDS FOR SOLDIERS OUT OF REAL ESTATE OF REBELS.

RESOLUTION IN THE SENATE, MAY 12, 1862.

RESOLVED, That the Select Committee on the confiscation of Rebel property be directed to consider the expediency of providing that our soldiers engaged in the suppression of the Rebellion may be entitled to bounty lands out of the real estate of the Rebels.

This was objected to by Mr. Powell, of Kentucky, but on the next day it was agreed to.

TESTIMONY OF COLORED PERSONS IN JUDICIAL PROCEEDINGS FOR CONFISCATION AND EMANCIPATION.

RESOLUTION IN THE SENATE, MAY 12, AND REMARKS, JUNE 28, 1862.

RESOLVED, That the Select Committee on the confiscation of Rebel property be directed to consider the expediency of providing, that, in all judicial proceedings to confiscate the property and free the slaves of Rebels, there shall be no exclusion of any witness on account of color.

This was objected to by Mr. Saulsbury, of Delaware, but on the next day it was agreed to.

* * * * *

The Select Committee failing to adopt this provision in the bill reported by them, entitled “A bill to suppress insurrection, punish treason and rebellion, and for other purposes,” Mr. Sumner sought to engraft it on the bill by motion in the Senate.

June 28th, Mr. Sumner moved the following amendment:--

“And in all proceedings under this Act there shall be no exclusion of any witness on account of color.”

Mr. Clark, of New Hampshire, Chairman of the Select Committee, said, that, “while they had no hostility to the general principle of the amendment, they thought it was better not to engraft it upon this bill.”

Mr. Sumner replied:--

This bill is to operate in the Slave States. But, with the rule of evidence prevailing there, I see insuperable difficulties in the way of conviction. If Congress choose to authorize criminal proceedings against Rebels, as is done by this bill, then in good faith they must see that the proceedings are not entirely nugatory, through failure of evidence, under the operation of an irrational rule of exclusion.

Mr. Clark said, that the Committee was influenced by the consideration, that under the bill slaves would become free on the conviction of their masters for treason; and the Committee “thought it would look a little like inducing the slave to come forward and swear against the master, … if we put such a provision in the bill; and we rejected it on that ground.”

Mr. Sumner replied:--

But the Senator will not forget that there are other slaves besides those of the master under trial, as well as colored persons who are not slaves. Whether slaves or not, even if freemen, the Senator knows well that there is one cruel rule of evidence everywhere in the Rebel States, which excludes the testimony of colored persons.

The amendment was rejected: Yeas 14, Nays 25.

This was the third move against exclusion of witnesses on account of color.[310]

THE LATE HON. GOLDSMITH F. BAILEY, REPRESENTATIVE FROM MASSACHUSETTS.

SPEECH IN THE SENATE, ON HIS DEATH, MAY 15, 1862.

MR. PRESIDENT,--The last Representative of Massachusetts snatched away by death during the session of Congress was Robert Rantoul, Jr. Ripe in years and brilliant in powers, this distinguished person tardily entered these Halls, and he entered them not to stay, but simply to go. Congress was to him only the antechamber to another world. Since then ten years have passed, and we are now called to commemorate another Representative of Massachusetts snatched away by death during the session of Congress. Less ripe in years and less brilliant in powers, Mr. Bailey occupied less space in the eyes of the country; but he had a soul of perfect purity, a calm intelligence, and a character of his own which inspired respect and created attachment; and he, too, was here for so brief a term that he seems only to have passed through these Halls on his way, without, alas! the privilege of health as he passed.

Born in 1823, Mr. Bailey had not reached that stage of life, when, according to a foreign proverb, a man has given to the world his full measure;[311] and yet he had given such measure of himself as justified largely the confidence of his fellow-citizens. This was the more remarkable, as he commenced life without those advantages which assure early education and open the way to success. At two years of age he was an orphan, of humble parentage and scanty means. From school he followed the example of Franklin, and became a printer. There is no calling, not professional, which to an intelligent mind affords better opportunities of culture. The daily duties of the young printer are daily lessons. The printing-office is a school, and he is a scholar. As he sets types, he studies, and becomes familiar at least with language and the mystery of grammar, orthography, and punctuation, which, in early education, is much; and if he reads proofs, he becomes a critic. At the age of twenty-two our young printer changed to a student of law, and in 1848 was admitted to the bar.

In the very year of his admission to the bar the question of Slavery assumed unprecedented proportions, from the efforts made to push it into the Territories of the United States. Although he took no active part in the prevailing controversy, it must have produced its impression on his mind. It was to maintain prohibition of Slavery in the Territories, and to represent this principle, that he was chosen to Congress.[312] In a speech at the time he upheld this cause against the open opposition of its enemies and the more subtle enmity of those who disparaged the importance of the principle. Never had Representative a truer or nobler constituency. It was of Worcester, that large central county of Massachusetts, and broad girdle of the Commonwealth, which, since this great controversy began, has been always firm and solid for Freedom. To represent a people so intelligent, honest, and virtuous was in itself no small honor.

But with this honor came those warnings which teach the futility of all honor on earth. What is honor to one whom death has already marked for his own? As life draws to its close, the consciousness of duty done, especially in softening the lot of others, must be more grateful than anything which the world alone can supply. Even the spoiler, Death, cannot touch such a possession. And this consciousness rightly belonged to the invalid who was now a wanderer in quest of health. Compelled to fly the frosts of his Massachusetts home during the disturbed winter of 1860, when these civil commotions were beginning to gather, he journeyed nearer to the sun, and in the soft air of the Mexican Gulf found respite, if not repose. There he was overtaken by that blast of war, which, like

“A violent cross wind from either coast,”

swept over the country. Escaping now from the menace of war in Florida, as he had already escaped from the menace of climate in Massachusetts, he traversed the valley of the Mississippi, and succeeded in reaching home. At the session of Congress called to sustain the Government he appeared to take his seat; but a hand was fastened upon him which could not be unloosed. Again he came to his duties here during the present session; for while the body was weak, his heart was strong. He often mourned his failing force, because it disabled him from speaking and acting at this crisis. He longed to be in the front rank. Yet he was not a cipher. He was a member of the Committee on Territories in the House of Representatives, and its Chairman[313] relates that this dying Representative was earnest to the last that his vote should be felt for Freedom. “Let me know when you wish my vote, and, though weak, I shall surely be with you,” said the faithful son of Massachusetts. This is something for his tombstone; and I should fail in just loyalty to the dead, if I did not mention it here.

As a member of this Committee, he put his name to a report which became at once a political event. In the uneventful life of an invalid, who was here for a few weeks only, it should not be passed over in silence. By a resolution adopted on the 23d of December, 1861,[314] the Committee on Territories was instructed “to inquire into the legality and expediency of establishing Territorial Governments within the limits of the disloyal States or districts.” After careful consideration of this momentous question, the Committee reported a bill to establish temporary provisional governments over the districts of country in rebellion against the United States.[315] This bill assumed two things, which, of course, cannot be called in question: first, that throughout the Rebel region the old loyal State Governments had ceased to exist, leaving no person in power there whom we could rightfully recognize; and, secondly, that the Constitution of the United States, notwithstanding all the efforts of Rebellion, was still the supreme law throughout this region, without a foot of earth or an inhabitant taken from its rightful jurisdiction. Assuming the _absence_ of State Governments and the _presence_ of the National Constitution, the bill undertook, through the exercise of Congressional jurisdiction, to supply a legitimate local government, with a governor, legislature, and court; but it expressly declared that “no act shall be passed, establishing, protecting, or recognizing the existence of Slavery; nor shall said temporary government, or any department thereof, sanction or declare the right of one man to property in another.” In a succeeding section it was made the duty of the authorities “to establish schools for the moral and intellectual culture of all the inhabitants, and to provide by law for the attendance of all children over seven and under fourteen years of age not less than three months in each year.” With a thrill of joyful assent Mr. Bailey united with the majority of the Committee in this bill. It was his last public act, almost his only public act in Congress, and certainly the most important of his public life. As a record of purpose and aspiration it will not be forgotten.

To such a measure he was instinctively moved by the strength of his convictions and his sense of the practical policy needed for the support of the Constitution. He had no indulgence for the Rebellion, and saw with clearness that it could be ended only by the removal of its single cause. His experience at the South added to his appreciation of the true character of Slavery, and increased his determination. He did not live to see this Rebellion subdued, but he has at least left his testimony behind. He has taught by what sign we are to conquer. He has shown the principle which must be enlisted. Better than an army is such a principle; for it is the breath of God.

Mr. Bailey was clear in understanding, as he was pure in heart. His life was simple, and his manners unaffected. His, too, were all the household virtues which make a heaven of home, and he was bound to this world by a loving wife and an only child. He was happy in being spared to reach his own fireside. Sensible that death was approaching, he was unwilling to continue here among strangers, and, though feeble and failing, he was conveyed to Fitchburg, where, after a brief period among kindred and friends, he closed his life. His public place here is vacant, and so also is his public place in Massachusetts. But there are other places also vacant: in his home, in his business, and in his daily life among his neighbors, in that beautiful town scooped out of the wooded hills, where he was carried back to die.

* * * * *

I offer resolutions identical with those offered by myself, and adopted by the Senate, on the death of Robert Rantoul.

_Resolved, unanimously_, That the Senate mourns the death of Hon. GOLDSMITH F. BAILEY, late a member of the House of Representatives from Massachusetts, and tenders to his relatives a sincere sympathy in this afflicting bereavement.

_Resolved_, As a mark of respect to the memory of the deceased, that the Senate do now adjourn.

* * * * *

The resolutions were agreed to; and the Senate adjourned.

USE OF PARCHMENT IN LEGISLATIVE PROCEEDINGS.

RESOLUTION AND SPEECH IN THE SENATE, ON THE ENROLMENT OF BILLS, MAY 16, 1862.

December 23, 1861, Mr. Sumner offered the following resolution, and said that he would call it up for consideration some day thereafter.

“_Resolved_, That the Committee on Enrolled Bills shall consider the expediency of changing the Joint Rules of the two Houses of Congress, so as no longer to require that bills which have passed both Houses shall be enrolled on parchment; but that they shall be simply copied in a fair hand on linen paper, and be thus preserved in the Department of State, instead of being preserved in cumbersome rolls of parchment.”

May 16, 1862, the resolution was taken up for consideration.

MR. PRESIDENT,--There is a usage of Congress which must strike all coming here for the first time, whether as members or spectators. It is the usage, after bills have passed both Houses, of copying them on rolls of parchment, when they receive the signatures of the Speaker of the House, the President of the Senate, and the President of the United States. Under our rules this is called _enrolling_, although in England, where it originated, it was known, down to its recent abolition there, as _engrossing_.

I have said that it is calculated to arrest attention. This is because to most persons it is a novelty, although old in itself. On inquiry, I do not learn that it is continued in any of our States except Massachusetts. In the new States of the West it has never been known. The question which I now submit is, Whether it is wise for Congress to continue this embarrassing form, already discontinued, or never adopted, by the State Legislatures?

* * * * *

Among the Joint Rules of the two Houses is the following, entitled “Enrolled Bills.”

“After _a bill_ shall have passed both Houses, it shall be duly _enrolled_ on parchment by the Clerk of the House of Representatives, or the Secretary of the Senate, as the bill may have _originated_ in the one or the other House, before it shall be presented to the President of the United States.”

This was adopted as early as 6th August, 1789. Shortly before this date, at the recommendation of Senators Morris, Carroll, Langdon, Read, and Lee, a joint resolution was passed, requiring the Secretary of the Senate and the Clerk of the House, within ten days after the passing of every Act of Congress, to authenticate printed copies thereof, and lodge them with the President.[316] In September, 1789, a statute was passed to provide for the safe keeping of the acts, records, and seal of the United States, by the first section of which the Department of Foreign Affairs was changed to the Department of State. The Secretary of the Department thus remodelled was made custodian of all bills, orders, resolutions, or votes of Congress approved by the President, or having become laws or taken effect without his approval, with directions to publish the same in the newspapers, to cause one printed copy to be delivered to each Senator and Representative, and two printed copies, duly authenticated, to be sent to the Governor of each State, and to “carefully preserve the originals.”[317] This latter service has been executed by binding the enrolled copies of the acts of each session in separate volumes, without rolling or folding the skins of parchment, and depositing them in a fire-proof vault, under the immediate charge of an officer of the State Department, known as Clerk of the Rolls.

The enrolment of bills requires special care, and sometimes even delays legislation. From the haste with which the transcription is often made and the amendments are embodied, errors naturally occur. Perhaps these cannot be entirely avoided by copies on paper. Indeed, nothing can supersede the necessity of great vigilance, whether paper or parchment be employed.

* * * * *

The main reason for enrolment on parchment, when first adopted by Congress, was English example. Technical phrases, tautologous terms, absurdities of law Latin and law French, all these, together with our jurisprudence, were borrowed directly from England, and with them came parchment, the use of which antedated these peculiarities. Of course it was before the manufacture of paper in England, which was not earlier than the reign of Henry the Seventh, and it was continued long after the manufacture had rendered it unnecessary.