Year: 1864

their preservatlon and return, and could
thus be placed in the hands Of irrespon-
sible parties for revolutionary and trea-
sonable purposes.


Sixth. 1t provided for the repeal of
the present Legion law, the dissolution
of all brigades, regiments and compa-
nies formed under that law, the surren-
der of their arms into the hands Of the
agents to be appointed by the four State
officers, and rendered null and void all
outstanding commissions in the State


In short, this bill transferred to the
four State officers the military power
which was vested in the Governor by the
Constitution, and gave to them new and
dangerous powers hitherto unknown TO
Constitutions and laws in regularly or
ganlzed Governments.


They were to become four Grand Com
manders, a Military Directory, a quad
ruple Executive.


The bill was defective in one particu-
lar, for it failed to provide for the con
tingeney of two of these Executirc
Heads differing from the other two 1t
should have made provision in such case
for referring disputed matter to JUS
tice of the Peace or the decision Of
coroner's jury Laughter


The legis lative hist6F of this bill
could not be better given than in the
language employed by the Union mem
bers of the Legislature in their Address
to the People of the State:


Action of the Minority.


"The Military bill had come from the
midnight caucus to the House; had been
printed and forced to its engrossment
without the change of word or letter
all amendments and substitutes had been
voted down; all references to committees
had been refused, although every other
bill of general character that had gone
to a second reading had been referred
to some committee; the previous ques-
tion had been sustained, the gag applied,
all debate cut off, and the bill engrossed.
Nothing was left for US but to sit by and
see this Infamous measure passed
though, the revolution consumated, and
civil war begun, or to quietly retire and
leave the House without quoru; mthere
was no other peaceful and constitutional
remedy. If it had been left to the courts
to annul it, before the question could
have been determined the law would
have done its work.


The military power, once in the hands
of the conspirators. it would be mat
ter of no Importance what the courts
might decide; and if the question took
the course of others before the Supreme
Court, it might be months or years be-
fore the decision was made. The path
of duty was the path of safety, and we
had no doubt or hesitation as to the
course we should pursue.


"We were willing and anxious. and
repeatedly proposed to the majority
to return and pass the appropra-
ton bills, with all other legitimate
and lawful legislation; but they replied
to US contemptuously that they intended
to pass every one of their ultra meas
ures before they took up the appropria-
ton bill. >"


The Military Bill violated absolutely
no less than seven plain and vital provi-
sions of the Constitution, and subverted
entirely the scheme of Government in
vented by the trainers of that instru-
ment. Its passage would have been an
act Of revolution inevitably attended by
civil war and collision with the Go
vernment of the United States


There were doubtless a number of
Democratic members in the Senate who
did not sympathize with the conspiracy,
and who imprecated the desperate mea-
sures in progress. But the Union mem
bers of both Houses thought that if it pass
ed the House it would pass the Senate
The action of the majority was prede-
TERMED in secret caucus, from time to
time, and the party lash laid unsparing-
ly upon the backs of all who dared to
talk of doubts or hesitated at the fear
full schemes of the reckless leaders who
were debating the action of the party.


The Legislature was in session fifty
out of fifty-nine legislative days, with a
quorum present in each House, during
which time, as before stated, no appro-
priation bills were brought forward ex-
cept for their own per diem and mileage,
and the Union members withdrew from
the House only after every other means
had beenaexhausted to prevent the pas
sage of the fatal measure


Thus ended this Legislature, having
made the worst record, perhaps, ever
made by any legislative assembly in
the United States. Loud cheers.


The Benerolent Institutions


Immediately upon the adjournment o.
the Legislature it was announced BY
the State officers that there were no ap
preparations for carrying on the benevo
lent institutions and the penitentiaries
and that no money could be drawn from
the Treasury for that purpose 1t wa.
the confident expectation that would bt
compelled to call back the Legislature
or suspend the operation of these insti
tutions-but ] determined to do neither
To have called back the Legislature
would have been an act of madness fo
which should have been condemned b,
every true man in the State To hav,
suspended the Benevolent Institution


and scattered the unfortunate inmate!
abroad, would have been an act of inhu


manity, disgraceful to the State and al


parties concerned.


In 1858 Governor Willard, in conse
quence of the alleged want of appropri
ations for their support, suspended tn
Benevolent Institutions, and sent ava
| the deaf and dumb, the blind and tn
; insane. This suspension took place il


May, but on the Doth day of the Novem
ber following, after the State election ha


taken place, they were re-opened, the in
mates sent for-such as could be found
and the money taken from the Treasur
for their support. In the meantime n
| legislation had been had and no appro
: priations made. If it was lawful t
| take money out of the Treasury to carr
: on these institutions after the Oetobe
election, it was lawful to do it before
and their operations should never hav
) been suspended; and the fact that afte


the election had passed and the time ha
5 gone by for making party capital out {
E their suspension, they were re-opene
: and supported from the Treasury in tb
: ordinary way-proves that the orig


nal act of suspension was not neceSsit.
{ but a partisan measure of the most rel