CONTESTED SEATS IN THE HOUSE. them, not one common soldier or common sailor is known to have deserted his flag. "Great honor is due to those officers who remained true, despite the example of their treacherous associates; but the greatest honor, and most important fact of all, is the unanimous firmness of the common soldiers and common sailors. To the last man, so far as known, they have successfully resisted the traitorous efforts of those whose commands, but an hour before, they obeyed as absolute law. This is the patriotic instinct of plain people. They understand, without an argument, that the destroying the Government which was made by Washington means no good to them. "Our popular government has often been called an experiment. Two points in it our people have already settled: the successful establishing and the successful administering of it. One still remains: its successful maintenance against a formidable internal attempt to overthrow it. It is now for them to demonstrate to the world that those who can fairly carry an election can also suppress a rebellion; that ballots are the rightful and peaceful successors of bullets; and that, when ballots have fairly and constitutionally decided, there can be no successful appeal back to bullets; that there can be no successful appeal except to ballots themselves, at suc ceeding elections. Such will be a great lesson of peace; teaching men that what they cannot take by an election, neither can they take by a war-teaching ali the folly of being the beginners of a war.' He concludes his Message with these impressive and memorable words: "It was with the deepest regret that the Executive found the duty of employing the war power, in defense of the Government, forced upon him. He could but perform this duty, or surrender the existence of the Government. No compromise by public servants could, in this case, be a cure; not that compromises are not often proper, but that no popular government can long survive a marked precedent, that those who carry an election can only save the Government from immediate destruction by giving up the main point upon which the people gave the election. The people themselves, and not their servants, can safely reverse their own deliberate decisions. "As a private citizen, the Executive could not have consented that these institutions shall perish; much less could he, in betrayal of so vast and so sacred a trust as these free people had confided to him. He felt that he had no moral right to shrink, not even to count the chances of his own life, in what 559 might follow. In full view of his great responsibility, he has, so far, done what he has deemed his duty. You will now, according to your own judgment, perform yours. He sincerely hopes that your views and your action may so accord with his as to assure all faithful citizens who have been disturbed in their rights, of a certain and speedy restoration to them, under the Constitution and the laws. And, having thus chosen our course, without guile and with pure purpose, let us renew our trust in God, and go forward without fear and with manly hearts." Several of the opening days of the Session were mainly devoted by the House to the consideration of disputed claims to seats-there being rival claimants from Oregon, from Nebraska, and from the Ist district of Pennsylvania, beside three members in all from Virginia, whereof two (Messrs. Carlile and Whaley) were chosen from Western districts, by heavy votes, on the regular day of election; while the other (Mr. Upton) was chosen under different auspices. The Convention which passed the Ordinance of Secession had assumed power to annul or suspend the law which provides that a regular election shall be held, and Members of Congress semi-annually chosen thereat, on the fourth Thursday of May; but the people of West Virginia had treated this action of the Convention as a nullity, not having been ratified by a popular vote, as the law calling the Convention required; and had elected in its despite. Congress approved and sustained this action, and Messrs. Carlile and Whaley held their seats with very little dissent. There was more demur as to Mr. Upton's case-his poll being light, the time and manner of his election irregular, and he having voted in Ohio the preceding November; but he was not unseated. The remaining contests involved no question connected with Slavery or secession. On the 8th, the House, on motion of Mr. Holman (Dem.), of Ind., modified at the suggestion of Mr. Hickman (Republican), of Pa., "Resolved, That the House, during the present extraordinary session, will only consider bills and resolutions concerning the military and naval operations of the Government, and the financial affairs therewith connected, and the general questions of a judicial character; and all bills and resolutions of a private character, and all other bills and resolutions not directly connected with the raising of revenue, or affecting the military or naval affairs of the Government, shall be referred to the appropriate Committees without debate, to be considered at the next regular session of Congress." On the 9th, Mr. Lovejoy, of Ill., moved the following: "Resolved, That, in the judgment of this House, it is no part of the duty of the soldiers of the United States to capture and return fugitive slaves." After a strenuous effort to rule this out of order, as precluded by the resolve before quoted, a vote was taken on a motion of Mr. Mallory, of Ky., that it do lie on the table: which was negatived: Yeas 66; Nays 81. Mr. Lovejoy's resolve was then adopted: Yeas 92; Nays 55; [the Yeas all Republicans; Nays, all the Democrat and Border-State conservatives, with Messrs. Sheffield, of R. I., Fenton, of N. Y., Horton, of Ohio, Wm. Kellogg, of Ill., Nixon, of N. J., and Woodruff, of Conn.] On the 10th, Mr. Clark, of N. H., proposed, and on the 11th the Senate adopted, the following: "Whereas, a conspiracy has been formed against the peace, union, and liberties of the People and Government of the United States; and, in furtherance of such conspiracy, a portion of the people of the States of Virginia, North Carolina, South Carolina, Tennessee, Arkansas, and Texas, have attempted to withdraw those States from the Union, and are now in arms against the Govern ment; And whereas, James M. Mason and Robert M. T. Hunter, Senators from Virginia; Thomas L. Clingman and Thomas Bragg, Senators from North Carolina; James Chesnut, Jr., a Senator from South Carolina; A. O. P. Nicholson, a Senator from Tennessee; William K. Sebastian and Charles B. Mitchell, Senators from Arkansas; and John Hemphill and Louis T. Wigfall, Senators from Texas, have failed to appear in their seats in the Senate, and to aid the Government in this important crisis; and it is apparent to the Senate that said Senators are engaged in said conspiracy for the destruction of the Union and Government, or, with full knowledge of such conspiracy, have failed to advise the Government of its progress, or aid in its suppression: Therefore, "Resolved, That the said Mason, Hunter, Clingman, Bragg, Chesnut, Nicholson, Sebastian, Mitchell, Hemphill, and Wigfall, be, and they hereby are, each and all of them, expelled from the Senate of the United States." A Messrs. Bayard, of Del., and Latham, of Cal., sought to have this so modified as merely to declare the seats of the indicated Senators vacant and strike their names from the roll; but the Senate rejected the amendment (Yeas 11; Nays 32) and passed the original resolve: Yeas 31 Republicans and McDougall, of Cal.,-in all, 32; NAYS Messrs. Bayard, Breckinridge, Latham, Nesmith, Polk, Powell, and Rice-10. Bright, Johnson, of Mo., Johnson, of Tenn., The Vice-President thereupon declared the resolve adopted by a twothirds vote. On the 10th, a bill reported from the Committee of Commerce, by Mr. Washburne, of Ill., providing for the collection of revenue from importsadapting our revenue laws to the state of facts created by a formidable rebellion-authorizing the President to designate other places as ports of delivery instead of those held by Rebels-also, to close, by proclamation, ports so held-to prohibit all intercourse between loyal and insurgent PROPOSALS TO CRIPPLE OR ARREST THE WAR. 561 districts, etc. etc. was passed, under the Previous Question-Yeas 136; NAYS-Messrs. Burnett, (Ky.,) Harding, (Ky.,) Norton, (Mo..) George H. Pendleton, (Ohio,) Reid, (Mo.,) Robinson, (Ill.,) Vallandigham, (Ohio,)Voorhees, (Ind.,) Wadsworth, (Ky.,) and Wood, (N. Y.)—10. This bill came up in the Senate, on the 12th; and, after a brief debate, was passed: Yeas 36; NAYS- Messrs. Breckinridge, (Ky.) Bright, (Ind.,) Johnson, (Mo.,) Kennedy, (Md.,) Polk, (Mo.,) and Powell, (Ky.)-6. The House, on the 10th, likewise passed its first Loan bill-authorizing the Secretary of the Treasury to borrow Two Hundred and Fifty Millions of Dollars, for the support of the Government and the prosecution of Mr. Vallandigham, of the War. Ohio, made an elaborate speech, in thorough-going opposition to the bill and to the entire policy of 'coërcion;' submitting, in reply to a question from Mr. Holman (Dem.), of Ind., the following proposition, as embodying his views touching the general subject, but asking no present action thereon: Resolved, That the Federal Government is the agent of the people of the several States composing the Union; that it consists of three distinct departments-the legislative, the executive, and the judicialeach equally a part of the Government, and equally entitled to the confidence and support of the States and the people; and that it is the duty of every patriot to sustain the several departments of the Government in the exercise of all the constitutional powers of each which may be necessary and proper for the preservation of the Government in its principles and in its vigor and integrity, and to stand by and to defend to the utmost the flag which represents the Government, the Union, and the country." MR. HOLMAN. "While the gentleman censures the Administration, let me ask him whether, with his own constituents, he is resolved that the Union shall be maintained. MR. VALLANDIGHAM. "My votes shall speak for me on that subject. My position is defined in the resolution just read. I am answerable only to my conscience and to my constituents, and not to the gentleman from Indiana." The bill passed under the previous question Yeas 150; NAYS-Messrs. Burnett, of Ky., Norton and Reid, of Mo., Vallandigham, of Ohio, and B. Wood, of N. Y. [The three firstnamed went over to the Rebels soon after the close of the session.] On the 11th, the Army Appropriation bill being under consideration in Committee of the Whole, Mr. Vallandigham moved to add this proviso: Provided, however, That no part of the money hereby appropriated shall be employed in subjugating, or holding as a con quered province, any sovereign State now or lately one of the United States; nor in abolishing or interfering with African Slavery in any of the States." The proviso was voted down, and the bill (appropriating $161,000,000) reported and passed. On the 13th, the bill calling out Half a Million Volunteers being under consideration, Mr. Vallandigham moved to add to it (as he had already done in Committee of the Whole) the following: "Provided further, That, before the President shall have the right to call out any more volunteers than are now in the service, he shall appoint seven Commissioners, whose mission it shall be to accompany the army on its march, to receive and consider such propositions, if any, as may at any time be submitted by the Executive of the so-called Confederate States, or of any one of them, looking to a suspension of hostilities, and the return of said States, or any of them, to the Union, or to obedience to the Federal Constitution and authorities." * The amendment was voted down without a division, and the bill passed. This day, Messrs. John S. Carlile and Waitman T. Willey presented themselves as Senators from the State of Virginia (not the new State of West Virginia, since organized), vice Hunter and Mason, expelled as traitors. They presented credentials, setting forth their appointment by Gov. Pierpont to fill the existing vacancies. Messrs. Bayard and Saulsbury, of Del., strenuously resisted their admission-the former wishing their credentials referred to the Committee on the Judiciary. Mr. Powell, of Ky., also opposed their acceptance as Senators; which was advocated by Messrs. Andrew Johnson, of Tenn., Latham, of Cal., Trumbull, of Ill., Collamer, of Vt., and Ten Eyck, of N. J. Mr. Bayard's motion to refer was voted down: Yeas Messrs. Bayard, Bright, Polk, Powell, and Saulsbury; Nays 35: And Messrs. Carlile and Willey were then sworn in and took their seats. On motion of Mr. F. P. Blair, the House this day expelled John B. Clark, a member-elect from Missouri (but who had not taken his seat), be cause he had "taken up arms against the Government of the United States, and now holds a commission in what is called the State Guard of Missouri, under the Rebel Government of that State, and took part in the engagement at Booneville against the United States forces." "Resolved, That, whenever the States now in rebellion against the General Government shall cease their rebellion and become loyal to the Union, it is the duty of the Government to suspend the further prosecution of the present war. "Resolved, That it is no part of the object of the present war against the rebellious States to interfere with the institution of Slavery therein." This was ruled out of order without dissent. Mr. Vallandigham here moved a long series of resolves, condemning as unconstitutional the increase of the Army, the blockade of the ports of the insurgent States, the seizure of dispatches in the telegraph offices, the arbitrary arrest of persons suspected of complicity with treason, and nearly every important act of the President in resistance to the Rebellion. On motion of Mr. Lovejoy, of Ill., these resolves were unceremoniously laid on the table. A bill, introduced by Mr. Hickman, of Pa., defining and punishing conspiracies against the United States -providing that persons who conspire to overthrow, put down, or deThis was adopted (after an at-stroy by force, the government of the tempt to send it to the Committee of Elections), by Yeas 94 to Nays 45, (nearly, but not entirely, a party vote). On the 15th, Mr. B. Wood, of N. Y., moved that it be "Resolved, That this Congress recommend the Governors of the several States to convene their Legislatures, for the purpose of calling an election to select two delegates from each congressional district, to meet in general Convention at Louisville, in Kentucky, on the first Monday in September next: the purpose of the said Convention to be to devise measures for the restoration of peace to the country." On motion of Mr. Washburne, of Ill., this was laid on the table: Yeas 92; Nays 51. United States, or to levy war against the same, may be arraigned for trial before any U. S. district or circuit court, and, on due conviction, may be punished by fine not exceeding $5,000, or by imprisonment for not more than six years, was now called up and passed: Yeas 123; Nays 7. Most of the Nays were opposed not to the bill, but to the precipitancy of its passage. The Senate concurred, a few days thereafter, and the bill became a law. Mr. McClernand (Dem.), of Ill., moved, and the House, by 121 to 5, Mr. Wm. Allen (Dem.), of Ohio, voted, that moved that it be "Whereas, a portion of the people of the HENRY MAY'S VISIT TO RICHMOND. United States, in violation of their Constitutional obligations, have taken up arms against the National Government, and are now striving, by aggressive and iniquitous war, to overthrow it, and break up the Union of these States: Therefore, "Resolved, That this House hereby pledges itself to vote for any amount of money and any number of men which may be necessary to insure a speedy and effectual suppression of such Rebellion, and the permanent restoration of the Federal authority everywhere within the limits and jurisdiction of the United States." NAYS-Messrs. Burnett, Grider, (Ky.,) Norton, Reid, and Wood-5. 563 precious right belonging to them, under the Constitution, prostrated and trampled in the dust; military arrests in the dead hour of the night; dragging the most honorable and virtuous citizens from their beds, and confining them in forts; searches and seizures the most rigorous and unwarrantable, without pretext of justification; that precious and priceless writ of habeas corpus, for which, from the beginning of free government, the greatest and best of men have lived and died-all these prostrated in the dust; and hopeless imprisonment inflicted without accusation, without inquiry or investigation, or the prospect of a trial-Sir, is there a representative of the people of the United States here in this body, acknowi Mr. Potter, of Wisc., offered the edging the sympathy due to popular rights following, which was adopted: "Resolved, That the Committee on the Judiciary be directed to inquire whether Hon. Henry May, a Representative in Congress from the fourth district of the State of Maryland, has not been found holding criminal intercourse and correspondence with persons in armed rebellion against the Government of the United States, and to make report to the House as to what action should be taken in the premises; and that said Committee have power to send for persons and papers, and to examine witnesses on oath or affirmation; and that said Hon. Henry May be notified of the passage of this resolution, if practicable, before action thereon by the Committee." Mr. May, being ill, was not then in his seat; but, the Committee having reported, on the 18th, that no evidence had been presented to them tending to inculpate Mr. May, he took the floor, and made what he termed a personal explanation, avowing that he had been to Richmond on an errand of conciliation and peace, evincing intense hostility to the Administration and the War on its part, and very thorough sympathy, at least, with the Baltimore friends of the Rebels. He said: "At the time I received notice of this ac cusation, it was under my consideration whether I could, with honor, come here, and enter upon the duties of a Representative upon this floor. The humiliation that I felt at the condition of my constituents, bound in chains; absolutely without the rights of a free people in this land; every and constitutional liberty, who does not feel indignant at the perpetration of these outrages?" With regard to his permission to visit Richmond, he said: "I did not feel at liberty to go across the Potomac without permission of the authorities of this Government. And so, I felt it my duty to wait on the Chief Magistrate, and tell him, as I did, most frankly and fully, the objects of my visit. I did not ask for his sanction; I did not desire it. I did not wish to embarrass the Chief Magistrate in such a way. I had no claim upon his confidence; I had no right to ask him for any commission or authority; but I felt it was my duty to state to him distinctly the objects which governed me, and obtain his per mission to cross the Potomac. It was most distinctly understood, between the President and me, that I took no authority from him -none whatever; that I asked for none, and disclaimed asking for any; that I went on the most private mission on which a humnble citizen could go. I asked his consent, also, to obtain from the military authorities a pass. Having jurisdiction on the other side of the Potamac, they were to be conserved. The President authorized me to say sulted, and the necessary formalities ob to Gen. Scott that I had conversed with him, and that, while he gave no sanction whatobject to my going there on my own responever to my visit to Richmond, he did not sibility." Mr. May carefully avoided all disclosure of the purport of his conferences with the Rebel chiefs at Richmond; but it was manifest that he visited and was received by them as a sympathizing friend, and that his |