May, McClernand, McPherson, Mallory, Menzies, Morris, Noble, Norton, Odell, Pendleton, Porter, Reid, Robinson, James S. Rollins, Shiel, Smith, John B. Steele, Stratton, Francis Thomas, Vallandigham, Voorhees, Wadsworth, Webster, Wickliffe-48.

August 5-The Senate concurred in the amendment of the House-yeas 24, nays 11, as follows:

YEAS-Messrs. Anthony, Bingham, Browning, Clark, Collamer, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harris, King, Lane of Indiana, Lane of Kansas, MeDougall, Sherman, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilson-24. NAYS-Messrs. Breckinridge, Bright, Carlile, Cowan, Johnson of Missouri, Latham, Pearce, Polk, Powell, Rice, Saulsbury-11.

Second Session, Thirty-Seventh Congress. 1862, July 17-A bill was approved to "suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes," which contains these provisions:

That every person who shall hereafter commit the crime of treason against the United States, and shall be adjudged guilty, shall suffer death, or be imprisoned not less than five years and fined not less than $10,000, (the fine to be levied on all property excluding slaves,) and all his slaves, if any, shall be declared and made free.

That if any person shall hereafter incite, set on foot, assist, or engage in any rebellion or insurrection against the authority of the United States, or the laws thereof, or shall give aid or comfort thereto, or shall engage in, or give aid and comfort to, any such existing rebellion or insurrection, and be convicted thereof, such person shall be punished by imprisonment for a period not exceeding ten years, or by a fine not exceeding ten thousand dollars, and by the liberation of all his slaves, if any he have; or by both of said punishments, at the discretion of the court.

That every person guilty of either of the offences described in this act shall be forever incapable and disqualified to hold any office under the United States.

That this act shall not be construed in any way to affect or alter the prosecution, conviction, or punishment of any person or persons guilty of treason against the United States before the passage of this act, unless such person is convicted under this act.

That, to insure the speedy termination of the present rebellion, it shall be the duty of the President of the United States to cause the seizure of all the estate and property, money, stocks, credits, and effects of the persons hereinafter named in this section, and to apply and use the same and the proceeds thereof for the support of the army of the United States, that is to say:

First. Of any person hereafter acting as an officer of the army or navy of the rebels in arms against the Government of the United States.

Secondly. Of any person hereafter acting as President, Vice President, member of Congress, judge of any court, cabinet officer, foreign minister, commissioner or consul of the socalled Confederate States of America.

Thirdly. Of any person acting as Governor

of a State, member of a convention or legisisture, or judge of any court of any of the socalled Confederate States of America.

Fourthly. Of any person who, having held an office of honor, trust, or profit in the United States, shall hereafter hold an office in the socalled Confederate States of America.

Fifthly. Of any person hereafter holding any office or agency under the Government of the so-called Confederate States of America, or under any of the several States of the said Confederacy, or the laws thereof, whether such office or agency be national, State, or municipal in its name or character: Provided, That the persons, thirdly, fourthly, and fifthly above described, shall have accepted their appointment or election since the date of the pretended ordinance of secession of the State, or shall have taken an oath of allegiance to, or to support the Constitution of the so-called Corfederate States.

Sixthly. Of any person who, owning property in any loyal State or Territory of the United States, or in the District of Columbia, shall hereafter assist and give aid and comfort to such rebellion; and all sales, transfers, or conveyances of any such property shall be null and void; and it shall be a sufficient bar to any suit brought by such person for the possession or the use of such property, or any of it, to allege and prove that he is one of the persons describi in this section.

That if any other persons in armed rebellion, or abetting it, shall not, within sixty days after proclamation to be made, return to their allegiance, all their estate and property shall be liable to seizure, and it shall be the duty of the President to seize and use them as aforesaid.

To secure condemnation and sale of such property, proceedings in rem shall be instituted in the name of the United States in any district or territorial court thereof within which the property may be found, &c.

That all slaves of persons who shall hereaner be engaged in rebellion against the Government of the United States, or who shall in any way give aid or confort thereto, escaping from such persons and taking refuge within the lines of the army; and all slaves captured from such persons or deserted by them and coming under the control of the Government of the United States; and all slaves of such persons found o [or] being within any place occupied by rebel forces and afterwards occupied by the forces of the United States, shall be deemed captives of war, and shall be forever free of their servitule and not again held as slaves.

That no slave escaping into any State, Territory, or the District of Columbia, from any other State, shall be delivered up, or in any way impeded or hindered of his liberty, except for crime or some offence against the laws, unless the person claiming said fugitive shall first make oath that the person to whom the labor or service of such fugitive is alleged to be dus is his lawful owner, and has not borne arms against the United States in the present rebellion, nor in any way given aid and comfort thereto; and no person engaged in the military or naval service of the United States shal

as he does any other property; and he forfeits both to the Government against which he offends. The Government, so far as there can be ownership, thus owns the forfeited slaves, and the question for Congress in regard to them is, "shall they be made free or sold to new masters?" I perceive no objection to Congress deciding in advance that they shall be free. To the high honor of Kentucky, as I am informed, she is the owner of some slaves by escheat, and has sold none, but liberated all. I hope the same is true of some other States. Indeed, I do not believe it will be physically possible for the General Government to return persons so circumstanced to actual slavery. I believe there would be physical resistance to it, which could neither be turned aside by argument nor driven away by force. In this view I have no objection to this feature of the bill. Another matter involved in these two sections and running through other

parts of the act will be noticed hereafter.

tions.

I perceive no objections to the third and fourth secSo far as I wish to notice the fifth and sixth sections, they may be considered together. That the enforcement of these sections would do no injustice to the persons embraced within them is clear. That those who make a causeless war should be compelled to pay the cost of it is too obviously just to be called in question. To give governmental protection to the property of persons who have abandoned it and gone on a crusade to overthrow that same Government is absurd, if considered in the mere light of justice. The severest justice may not always be the best policy. The principle of seizing and appropriating the property of the person embraced within these sections is certainly not very objec tionable, but a justly discriminating application of it would be very difficult, and, to a great extent impossible. And would it not be wise to place a power of remission some where, so that these persons may know they have something to lose by persisting and something to gain by desisting? I am not sure whether such power of remission is or is not within section thirteen. Without any special act of Congress, I think our military commanders, when, in military phrase, “they are within the enemy's country," should, in an orderly manner, seize and use whatever of real or personal property may be necessary or convenient for their commands; at the same time preserving, in some way, the evidence of what they do.

What I have said in regard to slaves while commenting on the first and second sections is appplicable to the ninth, with the difference that no provision is made in the whole act for determining whether a particular individual slave does or does not fall within the classes defined in that section. He is to be free upon certain conditions; but whether those conditions do or do not pertain to him, no mode of ascertaining is provided. This could be easily supplied. To the tenth section I make no objection. The oath therein required seems to be proper, and the remainder of the section is substantially identical with a law already existing.

The eleventh section simply assumes to confer discretionary power upon the Executive. Without the law, I have no hesitation to go as far in the direction indicated as I may at any time deem expedient. And I am ready to say now, I think it is proper for our military commanders to employ, as laborers, as many persons of African descent as can be used to advantage.

The twelfth and thirteenth sections are something better than objectionable; and the fourteenth is entirely proper, if all other parts of the act shall stand.

That to which I chiefly object pervades most part of the act, but more distinctly appears in the first, second, seventh, and eighth sections. It is the sum of those provisions which results in the divesting of title forever.

For the causes of treason and ingredients of treason, not amounting to the full crime, it declares forfeiture extending beyond the lives of the guilty parties; whereas the Constitution of the United States declares that "no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted." True, there is to be no formal attainder in this case; still, I think the greater

punishment cannot be constitutionally inflicted, in a differ

ent form, for the same offence.

With great respect I am constrained to say I think this

feature of the act is unconstitutional. It would not be difficult to modify it.

I may remark that the provision of the Constitution, put in language borrowed from Great Britain, applies only in

this country, as I understand, to real or landed estate.

Again, this act, in rem, forfeits property for the ingredients of treason without a conviction of the supposed criminal, or a personal hearing given him in any proceeding. That we may not touch property lying within our reach because we cannot give personal notice to an owner who is absent endeavoring to destroy the Government is cer

tainly satisfactory. Still, the owner may not be thus engaged; and I think a reasonable time should be provided for such parties to appear and have personal hearings. Sim

ilar provisions are not uncommon in connection with proceedings in rem. For the reasons stated, I return the bill to the House in which it originated.

Other Proceedings.

IN HOUSE.

1862, May 14-The Select Committee consisting of Messrs. Eliot of Mass., Sedgwick of New York, Noell of Missouri, Hutchins of Ohio, Mallory of Kentucky, Beaman of Michigan, and Cobb of New Jersey, reported two bills-one "to confiscate the property of rebels for the payment of the expenses of the present rebellion, and for other purposes;" and the other "to free from servitude the slaves of rebels engaged in or abetting the existing rebellion against the Government of the United States."

It

The former bill was first considered. provided "that all the estate and property, money, stocks, credits, and effects of the persons hereafter named in this section, are hereby forfeited to the Government of the United States, and are declared lawful subjects of seizure and of prize and capture wherever found, for the indemnity of the United States against the expenses of suppressing the present rebellion."

The classes are substantially as stated in the act, and the provisions of the bill are, in large part, those of the act.

Pending its consideration,

addition of the proviso to the fifth clause of May 26-Mr. ROSCOE CONKLING moved the the fifth section, which was agreed to--yeas 100, nays 50-as follows:

YEAS-Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, Baker, Baxter, Beaman, Francis P. Blair, Jacob B. Blair, Samuel S. Blair, Blake, William G. Brown, Buffinton, Campbell, Chamberlain, Clark, Clements, Colfax, Frederick A. Conkling, Roscoe Conkling, Cutler, Davis, Dawes, Delano, Duell, Dunn, Edgerton, Edwards, Eliot, Ely, Fenton, Fessenden, Fish Frank, Gooch, Goodwin, Granger, Gurley, Hanchett, Har son, Hickman, Hooper, Horton, Hutchins, Julian, Kelly, Francis W. Kellogg, William Kellogg, Killinger, Lansing, Loomis, Lovejoy, McKnight, McPherson, Mitchell, Moorhead, Anson P. Morrill, Justin S. Morrill, Nixon, Noell, Olin, Patton, Timothy G. Phelps, Pike, Pomeroy, Porter, Potter, Price, Alexander II. Rice, John II. Rice, Riddle, Edward H Rollins, Sargent, Sedgwick, Shanks, Sheffield, Sloan, Sraith, Spaulding, Stevens, Stratton, Benjamin F. Thomas, F. ancis Thomas, Train, Trimble, Trowbridge, Van Horn, Van Valkenburgh, Verree, Wall, Wallace, E. P. Walton, Washburne, Wheeler, Whaley, Albert S. White, Wilson, Windom, Worcester-100.

NAYS-Messrs. Allen, Ancona, Baily, Biddle, George H. Browne, Calvert, Cobb, Corning, Cox, Cravens, Crisfeld, Crittenden, Dunlap, English, Grider, Haight, Hall, Harding, Holman, Johnson, Kerrigan, Knapp, Law, Lazear, Leary, Lehman, Mallory, Maynard, Menzies, Noble, Norton, Nugen, Odell, Pendleton, Perry, John S. Phelps, Richardson, Rob inson, James S. Rollins, Shiel, John B. Steele, William G. Steele, Vallandigham, Voorhees, Wadsworth, Ward, Webster, Wickliffe, Wood, Woodruff-50.

Mr. MAYNARD submitted a substitute, defining the offence of treason and affixing the penalty of death by hanging; "and if the offender shall theretofore have held any office under the Government of the United States, of honor or profit, whether military, naval, or civil, he shall be adjudged in a fine at least equal to the proven value of his entire estate." It also defines misprision of treason, and affixes the punishment of confinement at hard labor for not less than five years and a fine equal to his or her entire estate. It makes other offences, described, high misdemeanors, punishable, on conviction, with fine not less than $100, and

imprisonment not less than fifty days. It provides for trying persons charged with the described offences upon the presentment or the indictment of a grand jury in any of the circuit or district courts within the judicial district in which the crimes shall be alleged to have been committed, or authorizes a writ of capias to the marshals of the districts, to be furnished, on application to the President, with sufficient military force to execute the writ. An oath is prescribed for all officials, jurors, &c., and the President is authorized to grant an amnesty to all offenders within the act, except those who, having held office under the United States, have at any time engaged in rebellion and held office.

This was rejected-yeas 9, (Messrs. J. B. Blair, Clements, Diven, Fisher, Harrison, Horton, Lazear, Maynard, Mitchell,) nays 140.

Mr MORRILL, of Vermont, offered a substistute whose principal difference was the omission of this the second section of the reported bill:

That if any person within any State or Territory of the United States, other than those named as the aforesaid, after the passage of this act, being engaged in armed rebellion against the Government of the United States, or aiding or abetting such rebellion, shall not, within sixty days after public warning and proclamation duly given and made by the President of the United States, cease to aid, countenance, and abet such rebellion, and return to his allegiance to the United States, all the estate and property, moneys, stocks, and credits of such person are hereby forfeited thereafterwards to the Government of the United States, and the same are declared lawful subjects of seizure and of prize and capture wherever found; and the President of the United States shall cause the same to be seized, to the end that they may be confiscated and condemned, as hereinafter provided, to the use of the United States; and all sales, transfers, or conveyances, of any such property after the expiration of the said sixty days from the date of such warning and proclamation shall be null and void; and it shall be a sufficient bar to any suit brought by such person for the possession or the use of such property, or any of it, to allege and prove that he is one of the persons described

in this section.

And this addition:

That every person guilty of the acts described in the first section shall, in addition to the forfeitures, be incapable of voting for President or Vice President, and not be an elector of the United States, and disqualified from holding the office of President or Vice President, or holding any office by appointinent from the President.

The substitute was rejected-yeas 25, nays

122. The YEAS were:

Harding, Harrison, Holman, Horton, Johnson, Kerrigan, Knapp, Law, Lazear, Leary, Lehman, Mallory, Maynard, Menzies, Nixon, Noble, Norton, Nugen, Odell, Pendleton, Perry, John S. Phelps, Price, Alexander H. Rice, Richardson, Robinson, James S. Rollins, Segar, Sheffield, Shiel, Smith, John B. Steele, William G. Steele, Benjamin F. Thomas, Francis Thomas, Train, Vallandigham, Voorhees, Wadsworth, Ward, Webster, Wickliffe, Wood, Woodruff-68.

AN EMANCIPATION BILL.

May 14-The Select Committee reported this bill:

United States shall, after the passage of this act, wilfully

That if any person within any State or Territory of the engage in armed rebellion against the Government of the United States, or shall wilfully aid or abet such rebellion, or adhere to those engaged in such rebellion, giving them aid and comfort, every such person shall thereby forfeit all claim to the service or labor of any persons, commonly known as slaves; and all such slaves are hereby declared in the laws of the United States or of any State to the confree and forever discharged from such servitude, anything trary notwithstanding. And whenever thereafter any person claiming the labor or service of any such slave shall seek to enforce his claim, it shall be a sufficient defence thereto that the claimant was engaged in the said rebellion, or aided or abetted the same, contrary to the provisions of this act.

That whenever any person claiming to be entitled to the service or labor of any other person shall seek to enforce such claim, he shall, in the first instance, and before any order shall be made for the surrender of the person whose service or labor is claimed, establish not only his claim to such service or labor, but also that such claimant has not in any way aided, assisted, or countenanced the existing rebellion against the Government of the United States. May 26, pending its consideration, Mr. FRANCIS P. BLAIR Jr., offered an amendment, to add to the bill sections providing for the appointment by the President of commissioners for each slave States, to make lists of the names of slaves held by persons described in the first section, to be reported to the district court of the United States, of the proper district. If the slaves are not claimed by any one, they will be declared free by the court; if they are claimed, the claimant must prove that he has not been engaged in, nor aided and abetted the rebellion, nor given aid and comfort to those engaged; or if engaged under compulsion this must be proved. In failure of proof, the slaves shall be declared free, and be given a certificate of freedom, and to be employed under the direction of the commissioners, in cultivating useful labor, and may be employed by the comlands belonging to the United States, or other manding officers of the army, with the consent of the commissioners, as may be agreed upon. Commissioners authorized to bind them as ap

The bill reported by the committee was then passed-yeas 82, nays 68, as follows:

YE.18-Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, Baker, Baxter, Beaman, Francis P. Blair, Samuel S. Blair, Blake, William G. Brown, Buffinton, Campbell, Chamber lain, Clark, Colfax, Frederick A. Conkling, Roscoe Conkling, Cutler, Davis, Dueil, Dunn, Edgerton, Edwards, Eliot, Ely, Fenton, Fessenden, Frank, Gooch, Goodwin, Gurley, Hickman, Hooper, Hutchins, Julian, Kelley, Francis W. Kellogg, William Kellogg, Killinger, Lansing, Loomis, Lovejoy, McKnight, McPherson, Mitchell, Moorhead, Anson P. Morrill, Justin S. Morrill, Noell, Olin, Patton, Pike, Pomeroy, Porter, Potter, John H. Rice, Riddle, Edward H. Rollins, Sargent, Sedgwick, Shanks, Sloan, Spaulding, Stevens, Stratton, Trimble, Trowbridge, Van Horn, Van Valkenburgh, Verree, Wall, Wallace, E. P. Walton, Washburne, Wheeler, Whaley, Albert S. White, Wilson, Windom, Worcester-82.

NAY-Messrs. Allen, Ancona, Baily, Biddle, Jacob B. Blair, George H. Browne, Calvert, Clements, Cobb, Corning, Cor, Cravens, Crisfield, Crittenden, Dawes, Delano, Diven, Dunlap, English, Fisher, Granger, Grider, Haight, Hall,

chanics, for not over five years where the slaves are over twenty-one, and if under, not to extend beyond their twenty-fifth year. The President was authorized to purchase lands in Mexico, Central or South America, or islands in the Gulf of Mexico, to be removed with their own consent, they to receive not exceeding fifty acres to an individual, or eighty to the head of a family, and be guaranteed the civil and political rights secured to all other citizens in said countries-the proceeds of confiscation and the earnings of those liberated persons to be applied to the payment of those expenses.

This was rejected-yeas 52, nays 95, as follows:

YEAS-Messrs. Aldrich, Arnold, Baker, Baxter, Francis P. Blair, Campbell, Clements, Colfax, Roscoe Conkling, Dawes, Delano, Diven, Dunn, Edgerton, Edwards, Fenton, Fisher, Frank, Gooch, Goodwin, Gurley, Kelley, Killinger, Mc

NATS-Mesar. Allen, Alley, Ancona, Ashley, Babbitt, Baily, Beaman, Biddle, Jacob B. Flair, Samuel S. Blair, Blake, George II. Browne, Willian G. Brown, Buffinton, Calvert, Chamberlain, Clark. Cobb, Frederick A. Conkling, Corning, Cox, Cravens, Crisfield, Crittenden, Cutler, Davis, Duell, Dunlap, Eliot, English, Fessenden, Granger, Grider, Haight, Hall, Hanchett, ard.ng, Harrison, Hickman, Holman, Hooper, Horton, Hutchins. Johnson, Julian, Francis W. Kellogg, Willian Kellogg, Kerrigan, Knapp, Lansing, Law, Lazear, Leary. Lehman, Lovejoy, Mallory, Noble, Noell, Norton, Nugen, Odell, Pendleton, Perry, John S. Phelps, Potter, Price, John II. Rice. Richardson, Robinson, Sargent, Sedgwick, Segar, Sheffield, Shiel, Sloan. Spaulding, John B. Steele, William G. Steele, Stevens, Benjamin F. Thomas, Francis Thomas, Trowbridge, Vallandigham, Van Horn, Van Valkenburgh, Voorhees, Wadsworth, Wall, Ward, Webster, Wickliffe, Wilson, Windom, Wood, Woodruff—95.

Mr. SEDGWICK's substitute, as follows: And whereas the several States of Virginia, North Carolina, South Carolina, Georgia, Tennessee, Alabama, Mississippi, Louisiana, Florida, Texas, and Arkansas, wick dly and unlawfully combining under the title of the Confederate States of America, have, together, made war upon and rebelled against the Government of the United States, and continue in such state of war and rebellion: Therefore, SEC. 3. Be it further enacted, That every commanding military or naval officer whose military district shall embrace any portion of the above-named States may, and it shall be his duty, by proclamation or otherwise, to invite all loyal persons to come within his lines and be enrolled in the service of the United States; and it shall be his duty to enroll every such loyal person and to employ such of them as may be necessary in the service of the United States, and no person so enrolled and declaring his loyalty to the United States shall ever thereafter be held to involuntary service or labor, (excepting as a punishment for crime) any law or regulation of any State to the contrary notwithstanding: Provided, That if the slaves of any person or persons who have been and continued loyal to the Government of the United States shall be made free by the operation of this section, such loyal citizen or citizens shall be entitled to just and reasonable compensation for his claim to the service or labor of such slave: And provided further, That if the slaves of any person or persons who are minors or married women shall be made free by the operation of this section, they shall also be entitled to just and reasonable compensation for their claim to the service or labor of such slaves.

Was rejected-yeas 32, nays 116; as follows: YEAS-Messrs. Aldrich, Babbitt, Baker, Beaman, Samuel S. Blair, Blake, Buffinton, Clark, Davis, Duell, Edgerton, Eliot, Fessenden, Frank, Hickman, Hutchins, Julian, Francis W. Kellogg, Lansing, Lovejoy, Auson P. Morrill, Pike, Potter, John H. Rice, Riddle, Edward II. Rollins, Sedgwick, Sloan, Trowbridge, Van Valkenburgh, E. P. Walton, Wilson, Windom-32.

uth

SEC. 3. That every such person described disqualified to hold any office under the Government.

SEC. 4. This act shall not be construed as to affect prosecution or conviction of persons guilty of treason before the passage of this act, unless convicted under it.

SEC. 5. The duty of the President, by his marshals or other officers, to seize and sequester property of every kind, of persons engaged in rebellion and especially of officers of the rebel army and navy, and of the President and other officers, military, naval, or civil, of persons formerly holding office under the United States and taking up arms, or give aid and comfort to the rebellion, or persons owning property in loyal portions of the country hereafter engaged in the rebellion; to hold and possess such property until appearance and trial of the offender. No slave to be seized under this act, but the United States to have a lien on all slaves of the persons described to answer such order as may be made touching their liberation, and no sale of any force made after the commission of the offence.

SEC. 6. That the property so seized and sequestered shall be held or rented until the owners can be proceeded against, and if convicted, said property shall be forfeited and all perishable property may be sold and proceeds paid into the Treasury, and if owner discharged on trial shall be returned to said owner.

SEC. 7. That if the owner of any property seized shall flee from justice, and cannot be brought to trial, an order shall be made by the court requiring such person to appear at a certain time, and if he do not, all his estate shall be forfeited, and the liberation of his slaves, and himself and heirs forever barred from recovery thereof.

SEC. 8. That the President of the United States, when he deems it necessary that any personal property seized by the army and navy, and belonging to a person hereafter engaged in the rebellion or given aid and comfort thereto should be confiscated, may cause proceedings in rem against such property, and if found to belong to a person engaged in the rebellion, said property shall be forfeited.

SEC. 9. President may by proclamation command insurgents to lay down their arms within sixty days, and if they do not, their property shall be confiscated and slaves freed. SEC. 10. That no person discharged from labor under this act, nor the descendants of any one, shall ever be reduced to involuntary servitude, (except as a punishment for crime,) and entitled to be discharged on habeas corpus. from service or labor owing to another, the court shall give SEC. 11. That whenever any person shall be discharged such person a certificate of discharge, under seal of the court, and conclusive evidence of his freedom, and if there after seized, shall be discharged on habeas corpus, and if the person so holding the freed man shall be convicted, he shall be punished with imprisonment for not less than one year or more than five years.

SEC. 12. That no slave escaping from one State or territory to another shall be delivered up, (except for crime,) unless the owner make oath that he has not been engaged in the rebellion or aided and abetted it; and no person in the military or naval service of the country shall assume to pass on the validity of any claim of one person to the services of another.

SEC. 13. That the President is authorized to employ negroes for the suppression of rebellion and treason, and organize and use them as he may deem proper.

Mr. E. P. WALTON's substitute provides: SEC. 1. That every person who shall hereafter commit treason, shall suffer death, and all his slaves made free; or be imprisoned not less than five years, and fined not less than $10,000, and all his slaves made free; said fine shall be levied on property excluding slaves.

SEC. 2. That if any person shall engage in rebellion against the United States, or give aid and comfort thereto,

SEC. 15. And is also authorized to extend pardon and amnesty to those engaged in the rebellion. SEC. 16. That the courts shall have full power to carry this act into effect.

Which was rejected-yeas 29, nays 121. The YEAS were

Fisher, Frank, Gooch, Goodwin, Granger, Killinger, MeMessrs. Baxter, Francis P. Blair, Dawes, Delano, Dann, Knight, Maynard, Mitchell, Moorhead, Justin S. Morril, Nixon, Olin, Patton, Timothy G. Phelps, Porter, Alexander H. Rice, Sheffield, Stratton, Train, Trimble, Verree, E. P. Walton, Worcester.

Mr. MORRILL, of Vermont, offered a substitute providing

SEC. 2. That the President shall appoint commissioners for each State by whose laws persons are held to service, who shall make a list of the names of slaves and their owners and return it to the district where the slave resides; which