The New York herald., 1865-01-06

day He had received letters from officers OF the army
engaged in tho recruiting service and thoy all endorsed
and approved this measure He dad wish 70 desin
the Senate by discussing the proposition H Senator's
would refer 70 the Globe Of last session they would and
| il was debated for hours He hoped for action.
motion TO refer The resolution 10 the Committee the
Judiciary My reasons very simple and very coar
The Senate has already passed proposition 70 amend the
constitution of the United put an end this
slavery question 10 all its forms by amendment OF
the President; change, which when once established,
no change OF Presidents no change IN the Supreme
affect at ALL That measure, which passed. the Senate a.
the last session. Is pending the House OF Repro
journals OF the House show -next Monday fixed Tor
the day upon which the House will act or course do
have strong hopes and think good 70 believe
that the House Of Representatives will adopt that popo
sition will at once adopted by the House. be sub
mt.ed the Legislatures the States and passed.
upon undoubtedly during the present winter before me
question whole OF twill be disposed Of and
put out OF Congress- outside OF its power CONTROL
ana there WIN be an end 70 the asisaon Of ths gsos
ber Of the party disposed to resist te
adoption of this constitutional amendment have good
TO believe that some Of them a least will favor
for when Jefferson Davis himsoIf with hts Cabinet
and the press at Richmond, recommend the abandon
mont OF the institution Of slavery the Southern con
federacy, why should the democratic party the North
Statos have any TO hold to any longorS
Sir they will have for II and excuse for it;
and l believe the proposition will triumph. When i
tiumphs bore In Congress have not the least douDt
that will receive tho sanction Of fourths OF the
States And when that Is done this great question.
which, like sin, has brought into our paradise death,
ashes will he finally settled by the supreme Judgment
Of the great American people, expressed ia consrsu
tionai FORM by an amendment TO tho constitution !
therefore hope that my honorable friend will allow tho
question TO go before the Committee the Judiciary
fhere those who seriously doubt whether you have
The power To pass this IL IN proposed nut no
doubts the constitutionaity amending the const
tuition
referred to the Committee the Judiciary. The Sen
ator from Wisconsin tells there amendment 70
the constitution pending and that he has strong hopes q
will pass the House Representatives on Monday next
had hoped last week that that would pass tho
House ] have more doubt Of it now Whether y passes
not the Senator from Wisconsin knows, ana we All
know, that cannot, and will not, become part OF the
constitution for many monhsfor two years At least u
may be three or four but certainly not witnn he next
eighteen months The facts are these the Con
| gress Of the United states al its last ses.
sion decided that a who should enlist in
the army Of tho United States should be free by tho at
Of the government Of the United States II any one
Sir. the wives and children of the men We have
made free are held az slaves we were told from army
treated in missouri The facts were presented to the
Senate and they shocked the OF humanity OF every
one who heard and read what was going on there Tho
wrongs that have been perpetrated the wives and
children of colored soldiers in the past year would
shock the humanity and appeal TO the justice Of the
resolution DO not entertain doubt The most eminent
lawyers of this country have 20 said We may have to
L
right do there be question, aud think that
| At thus time We ought not To hesitate moment We
and what jon Davis proposes TO do They propose 70
give freedom TO che slaves and to give them an interest
u lands Those who commenced the rebellion for the
sake OF making slavery eternal now talking about
making slaves Free and they Will light tho battles oi the
| rebellion.
Mr. Wuson continued HIS remarks in a similar strain,
after which
Mr. sAu!ssysy oppl Of De said when this Question
th0 United States hope 10 will be e.,
2, charity with no ss'sss Or =. ,nsT sido would .,,i.;
IKE the advocates Of - Measure 70 present asuments
hear ssn sssssh.s q s 1n'a 4. ss ss. ss s not .,1
or tho wickedness Of slavery wish %
o-s si have s .u,So,1 e A light h. a
us If as q s Of this KIND, H.s e..
mo limit. Of tho respective States and declare ,hs. any
who Ia held IN slavery undor the constitution ape
laws Of particular State shall be fresf naa t6ls doc
sG1s me oes es ss.' q shin *. "S .
ssiss hAl dacrea u Nonally dacfaAf 81 5h
tho Military Committee who has introduced this ball
when no comes 70 present his reasons TO the America.
bi should bs passed 70 pon, Us out tho authority
! pass Il. There some questions which in law ar
settled; there are some questions which, as con
stitutional questions, lhave been long settled, AM
! shall maintain the doctrine, when this question
shall shall come up for discussion 10 the senate M
the wives and children OF negroes who volunteer in
army IL they from States whore slavery recognized
L
self f no slave There il no principle more clearly
recognized In international law than this that II
be captured from his lawful owner by begerent and
he afterwards back into the OF the other
belligerent, hs reverts 70 his original owner
| Mr. SUMNER, trep) Of Mas..-Tlere was call only a
few days ago for thrce hundred thousand troops
The country needs them and II the duty Of Congress
70 help supply them To this end there must be dim
| Guilty impedment or embarrassment In the way All
these must be removed but this IN all There
be OF kind and such Is the chaac-
ter OF the present proposition There be delay
The country cannot wait the slow action of consttu.
l tond amendment Congress must act 70 the extent
| OF its power, and any abdicatIon OF its power
| this question will be injurious 70 the public
| interests All must confess the humanity OF
the proposition for nrapchsing the families OF colorsi
i persons who have borne arms for their country All
must confess the hardship OF continuing them in slavery
But The question Is asked what power has Congress 70
shall express an opinion Ny is, that Congress
has precisely the 10 sufrancsc the families
that IL has To enranchse the colorcd soldiers The
powers concdent aud from the II has
already been assumed that Congress may enfranchse the
coorej soldiers This has been done by solemn statute
without any reference 10 the conduct Of his preten led
| owner II we never asked the reason for such
practical necessity, that we may secure the
| best services Of the slaves; and second in It's
intrinsic justice AMI humanity. In brief, tho govern
ment cannot be- improvdent AMI foolish al.
tempt 10 obtain tho services Of tho slave at the hazard OF
life, without securing 10 him the boon Of freedom; nor
II the government bereft of common "
forego this temptation ~ tho enlistment OF efficient
vice could bo guilty Of the unnttersbe OF
using tho slavs tho national defence and then return
ing him to bondage Therefore the slave who fights is
enfranchised but every argument every consideration,
| which pleads for the cnfranchisement OF the slave
pleads for the enfranchisement Of the family There
the practical necessity for doing H. AMI the
unottcrabe shabbiness IL no. doing u There s prn
cipe Of law better established than the rule h any
knowedgoJ right carries with u a incidents essential 10
Us exercise l do not employ technical language, but
give tho des which Ia founded Ia and be nature
i OF things II would be vain 10 confer right or
power II the means for its enjoyment were
| denied. From tins simple statement the conclu
sion Is irresistible In comforting upon Congress the
power 10 create army the constitution conferred
herewith all the powers essential To the exercise of the
principal power If Congress authorize the enlist
ment of slaves AZ 1t unquestonaby can may a. the
time authorize their eufrenchsement aud by the
same u may authorize the enfranchisement OF
their families and MI this from the y OF the case
and TO prevent intolcrable meanncsS An English
patriot nearly two centuries ago exclaimed In memora
bic words, that he would give his life "a his
try but he would not do mean thing 10 ave H. II