Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1864-02-04
EsSIONAL.
A BILL TO FREE SLAVES.

On motion of Mr. WILSON the Senate proceeded Il
the consideration OF the bill to promote enstmens in the
army of the United States and for other purposes
Mr.. GRIMES proposed to amend the bill by striking
out the words two months pay IN advance aud insert
ing, such in bounty the President shall order
the different States and parts of the United States,
exceeding the of $lO0." This amendment was
az. eed to.
Mr. POWELL moved to strike out the third section Of
the BILL which follows:
SEC g. and be IL further enacted That when any person
of African descent whose service labor is claimed in
State under the laws thereof ha be mustered into the mill
service Of the United States he his mother and his wife
and children shall forever thereafter be free any
whatsoever to the contrary notwithstanding and
all laws and parts of laws inconsistent herewith hereby
| repealed
Mr.. POWELL said I: This section OF the bill, to my
mind is clearly and palpably unconstitutional should
like the chairman of the Military Commtee who reported
the BILL to point the clause OF the Constitution which
authorizes the passage OF such section this. be-
ieve it has heretofore been admitted all hands by
all political organizations in this country, with very
few exceptions that the il sttuon of African slavery
in the States where it exists matter of local
that be Dterfered with by the action OF the
Federal Government Now, this section proposes that il
Of African descent shall BIZ enlisted the army
join the army of the United States not only he himself
but also his mother his wife, and his children shall all be
free in consequence of that act, any law
tom to the contrary Notwithstanding Suppose that slave
belonging TO rebel ia the State of Mississippi if you
please, any other State to enlist into the army
and he should hsve children mother a wife, who
the slaves of loyal in adherng and Loyal States
under this provision they would be fee provided this law
could have any efficacy whatever There is certainly
power in this Congress to pass any such law 1t is de-
prvng the loyal men of the Loyal States OF their property
by the legislative enactment of this Congress Twas very
distinctly and clearly set forth in the Chicago plat
form that each State has right to requisite and manage
its domestic institutions in its own way The question
is too plain for argument. 1t seems TO me to be
clearly violation of the Constitution that feel conf
dent the Senate will not for moment hesitate to sustain
the motion have made TO strike II out Ii Is papably
wrong in every respect 1t deprives Of their pro-
u
Loyal States who have been always loyal and whose pro-
perty has not been used in any to promote aid
the rebellion merely because the kindred perhaps in
other States Of of their slaves has joined the army Of
the United States
Mr.. HENDERSON moved TO amend the section by
striking out the words his mother his wife and chill
dren in the fifth ne and after the word nowithstand
ing the seventh line, insert and his mother, his
wife and children shall also be free provided that by the
OF State they owe service or labor to any
persons who have given aid comfort to the existing
rebellion against the Government since July H. 1862"
Mr. GRIMES. / believe the amendment proposed by
the Senator from Missouri is substantially the law il
stands to day Any person of African descent held in
bondage, and whose service is claimed by person
beon, who has furnished aid and comfort TO the rebel
lion, if he eniss into the service of the United States be-
comes free man. The proposition in the third section Of
this bill is to extend that existing law set free any
coored person. whether he belongs to loyal citizen to
doyAl CITIZEN if he shall enlist into the service of the
United States and shall remain the service for the Pc
Rod OF three years
Mr. JOHNSON. Without compensation to the owner (?
Mr. GRIMES. That is question which is not proyidet
for in this BILL but which will undoubtedly up
after. If the Government sets free person to whom
has legitimate and legal claim, recognised
such by the Government, unques0naby be would be en-
titled to pay The why shall vote for this section
is that am exceedingly anxious to pass law by which it
ha be declared that if who has prled his life for
and for the institutions Of my country claimed by
any one that claim shall not be regarded. think that
such proposition this will meet the approval and com
Mr. WILKINSON There is no necessity for the adop.
ton of the amendment offered by the Senator from Mis-
souri, The thirteenth section of the act of July H. 1862
contains the following proviso:
Provided That TIE mother wife and children Of such
boy Of African decent shall be made free by
operation of hia act where such mother wife, chill
dren service labor TO some person who during the
present rebellion has borne against the United States
or adhered to their enemies by giving hemad and comfort
That is the law stands and if the Senator from
Missouri wishes to carry out the purpose 10 retain this
provision of the existing law all he has do oppose
this section entirely think, Mr. President, that the
clause have just read is the most dsgraceul Legislation
of the Congress which passed that law What the
facts We muster man into the service of the United
States and free him he in the armies OF the Union
to put down this rebellion, but suffer his mother his
wife, and his children to remain in slavery What is free
dom worth to man if you take his family away from him
and keep them IN slavery hope the amendment offered
by the Senator from Missouri will not prevail.
Mr.. HENDERSON, do not desire that any Senator
shall suppose that have offered this amendment with
view of protecting in any of the States the institution
protection of that institution and far go cOnst-
tutionay to abolish the institution throughout the
try, most unhesatiOgly would do 40 have offered
amendment here to the Constitution in order to get rid of
not only in the Border States but every State in the
American Union, and shall most cheeriuy vote for it,
because in that way, in my judgment constitution
ally do this thing which seems to be desirable. But,
Mr. President the proposition contained in the third
ton of this bill is that when slave or held
slave under the laws of one of the States shall be
mustered into the service of the United States the
relatives Of that slave shal all be free the Senator
from Minnesota aud the Senator from Iowa. II Con-
gress has the power by the fact of a saveiserv
ing for hour two hours, day to emancpae all
OF his relatives has il not also the power to day to pass
law emancpatng the slaves in Kentucky and Missouri.
entirely the ground that slavery stands in the way Of
our peace7
Mr. CHIMES. will say very frankly that l have not
opportunity for the passage such law that
Mr.. HENDERSON. think the Senator hasan wered
very properly, because his now is the proper
sequence of the remarks that he has made differ from
him in that respect He may be correct he may be ad-
vocatng the true and the proper doctrine but sir,
differ from HE position, and must Say that this doctrine
is certainly very 1t certainly has been
advocated before in the Congress Of the I'm ted States
Mr.. GRIMES. For the reason that We have never had
civil war before
Mr.. HENDERSON, Do / understand the Senator to
the ground that this power would exist the
Congress OF the United States but for the existence the
present civil war liz that his position understand
that it is. He assens to it, Now, Mr. President upon
amendment Of this character not disposed to 20
into discussion of the extended enlarged powers Of
the Government during the existence Of civil war.
no necessity whatever for the legislation proposed in
the third sectono the bill before u.s. If could vote for it
thn