In A II it- '
4
V
4
f -n ,''..
.1
rniCB five (E:fT3.
;SEC0iJ) -EDITION.
y:W-: THREE a CLOCK P. It.
3
THE MTESMOTS
.pi j. 4v - . . . . , '. .- - '
THE GREAT GALE.
J.1
Disaster on Sea and Land.
.-t t.
'i .
Eleven lives y Already Reported
'wfi Lost. "' '
the channel-way of vessel. Her mast and bow
sprit are out of the. water. The second was the
schooner Loan, of and from Baltimore, bound to
Hog Island (James river.) Ehe was struck and
capsized off Point No Point. The officers and
crews of both vessel were taken off and brought
to tliis city on board the Carroll. Captain Lea
non greatly regrets the unfortunate aJair. lie
states that both vessels had their helms to star
board, in passing, contrary to general rule, and,
consequently, no fault Is attached to bis steamer,
lie further says everything that wis possible un
der the circumstances, was done to avoid the col
lision on the part of the steamer, which was nn
injuredi'f'iiiJH I . "ifl:-)J;v -fu ";v
! LOCAL I MTELLIC ENCE.
From the New York Tribune; Dec. 22. f
' Sandy ; Il6ok- Dec 2110 A. M, -A
schooner,, laden wij.li wood, dragged her
anchor and drove injigainst the wharf here. She
lays beating agamL"the dock and .will be a total
loss. ; .The crew s eared themselves by jumping
from the rigging t4 the &oci..jnvj :-: rzkZf
.- V iv ; a 10:10 A.M.1
The i French, brig Prosper, of v Bordeaux is
dragging ashore inside the Hook, and is thump
ing heavily. - - V::'-v
1 Loiro Branch, Dec! 219:15 A. M.;
A large schooner is ashore near Green's hotel,
and is a total wreck. Two of the crew are saved,
who report that the vessel" left New York yester
day, with a. cargo of coalj outward boundarid
with a crew of five men." The last seen of the
captain " and his wife, and the balance of the
crew, they were clinging to a spar. '
Another schooner is, ashore at Green's Pond,
two miles from this place. V There is no one on
board, nor have any, signals been made from her.
A crew is being obtained for the life-boat to go
off to her. She lies bows off shore, and appears
to be full of water. :r J
Loho Brakch; Dec21 11:30 A. M.
The schooner James j. CrandaU, of Fall river,
is ashore on Dell Beach, with a cargo of coal.
She is full of water. ?- All on board saved."
. The schoouer Eveline Hichey, of Philadelphia,
Fisher, sound to Pawtucket; R.5 I., with a cargo
of cos, went ashore at Long . Branch and has
gone to pieces. The captain, his wife and , two
men were lost. ,Two others were saved.' ;
Fort Hamilton, Dec. 21.
The bark Evergreen, from Buenos "Ayres, is
ashore under the lee of Fort Hamilton. She
went on at high water, about ' 10 o'clock this
morning. t . -- -
r Sastdt Hook, Dec. 2111 A. M.
It is the schooner. Torchlight, Price, from Vir
ginia with' wood, bound ; to New' York," that is
ashore here, j It is supposed she will prove a to
tal loss. ' '
San dt Hook, Dec. 21 12 M.
The French brig Proper lies with her side on
the beach, the sea making a clean breach over
her. She lies on the. bar about 1,000 yards from
the main shore, opposite the East beacon', inside
the hook. No communication can be had with
her. - '
The wind is blowing a severe gale with a high
sea. v.- -rt r -;r-' v."
' Sandy Hook, Dec. 21 2i P. M.
The frig John Avttes, Tracy, master, from Phil
adelphia, bound to Boston, is t ashore at Horse
Shoe, Sandy -Hook. She lies easy, but. has, lost
both anchors and chains.
-.Sandy Hook, Dec. 21 Sunset.
The vessels reported ashore remain in the same
position except the schooner. She has come up
on the main beach.
i :v Boston, Dec. 21.
The schooner Union; from New York for Salem,
and Parallel, from New York;, for Machias, both
laden with com, got ashore on Wood End this
morning, but were got off leaking badly, and.are
now in Provincetown harbor. Both vessels will
discharge and repair.
The Gale Along tUe Hudson.
The recent cold weather has had its effect on
the Hudson river, by closing that stream with ice
from Troy to Hudson. In that distance for the
last three or four days'huge fields of ice have
been moved backward and ;. forward with the
tide, until Wednesday night, when a northeast
snow storm set in, and raged .furiously all that
night, the wind blowing heavily. ' The storm was
the heaviest from Albany to' Hudson,- extending
as it did nearly the -whole length of the river.
Yesterday morning the ice at Castleton was im-
movawe, ana will proDaDiy remain sp unless a
freshet ensues. :; ; At5 . Schodack it was also fast,'
and in fact from that point down to Hudson", At
' the latter, place the river is so full of ice that the
1 ferry boat can scarcely navigate. , The Albany
I boats stopped running three or four days smce,
; as did also the .NeWiYork and Hudson steamers,
The Kingston, or Rondout boats are still running,
meeting with very little obstruction. Shorly af-
the snow ceased falling the wind suddenly shifted
to the northwest and blew a perfect nurncane
The water rose to an unusual height, the waves
along the line of, the Hudson Hirer railroad, in
some instances dashing over' the track and even
to the top of cars attached t") passing trains. A
sloop, name unknown, was dragging her anchor
! at the northern entrance to the Highlands as the
train passed. Her i mainsail was torn loose and
her tomnast gone. Just below Sing Sing a
v schooner was observed lying on the beach, ? the
waves making a clean breach over her. The gale
was a heavy one, and up to ; this time of writing
, it is? still raging. The river to all practicable
(purposes is closed from : Albany to Hudson.- No
damage was done to the track "of the Hudson
Uiver, railroad. - , r - j
, : c dkristmam. ' ' ,
5 Owing to the vigilance of Mayor Dawson and
Chief of Police McGreal, with the , timely assist
ance rendered by the military, the quiet of the
town was tolerably well preserved throughout
Christmas day.- 5 But for the constant watchful
nesa of these officials wo very much doubt if the
day would have passed off so merrily. JA great
deal of liquor was drank, and a good many quar
relsome people were : to be seen on the streets ;
but so , perfect , were the ; police regulations, that
any manifestations of a riotous disposition were
quickly squelched. General Crook kept a force
of infantry patrolling, the streets in search of dis
orderly men in unSbrm, and another squad at
the disposal of .the. mayor for use in any emer
gency. . $- . .t$ifi.X'j..- ,.
A disturbance was reported; in the middle of
the forenoon, in the dry pond region, at which
fire arms were, said to have been used. A force
of police and military were promptly sent to the
spot,.but the disturbers had dispersed before their
arrival. ' ' "'', ; !' ' i' :.';;''-;,:'s,.';:;''--'
John Kooner was .out in all his glory and
paraded the streets in various directions, attract
ing large crowds of little nigs, and some of greater
growth. , Those who followed him and participa
ted in his frollics and antics were Of the good
natured sort and confined their demonstrations
to the fun-provoking and : ; laughter-inspiring
kind.: - ,; . : i :
Many social gatherings were held in various
parts of the town, of a private nature, at which
the Christmas pie was partaken of with the cus
tomary accompaniment of egg-nog; and grand
ma's story of Christmas fifty years ago was , re
peated. At many , of these gatherings there
were vacant chairs, but all seemed to feel grate
ful that so much remained to be grateful for.
, The employes of The Herald establishment,
at the invitation of the proprietors,' partook of a
Christmas dinner at5 Harry Webb's saloon on
Market street. The dinner was served in Harry's
best style, and was enjoyed by all present.' Such
social reunions can but inspire a . happy feeling
between employer and employed, i i
- ' - :' -
certain member of th body of iiidividuaJs
known as the rejublivan ajrty la congress, and
out of congress also; bat his remarks clearly
tdrocated the ikicy of the President in each
particular sense
southern states,
cqneernlag the restoration of
without that general acknow
ledgment of favor which so many have bestowed
upon It; besides being expressive of the views of
a majority and an! intelligent constituency, its dis
tinguished author may we li assure himself of re
newed honors beiig the result of its merits.1 It
advances the honorable speaker to the position of
leader of a patriotic rarty, which is rapidly or
ganizing in opposition to, those measures which
have already beenj inaugurated, looking to a sub-.
version of all the Interests which will accrue ' to
the southern states more fully by its early re
presentation in the national legislature. , The
spirit of faction which has shown itself in such
violent and formidable proportions is gradually
giving way, and the event of its total demolition,
judginS from each jday's evidences of good ' will
and fraternity, cahoot be very far distant. jS c
The vote on the qnstion of negro suffrage whicb
yesterday occurredj was one-sided enough to suit
the views of its most strenuous - opponent. The
number of votes cast was greater than ; that - at
the last election forbnayor, being over six thous
and five hundred. Thirty-five zealous advocates
of the measure beirjg moved ' and instigated by
a sense of justice to the quondam enslaved, ana
not having the fear (of the president of the na
tional equal suffrage association who counselled
'keep away from thp pojls" before their eyes,
turned out in all thej solidity of that number, and
deposited their principles, together with their
certificates, in the ballot box. The faithful, who
did regard the association injunction, and gave
the polls a wide berth, will present a petition to
congress in favor bf the colored citizens when it
reassembles after the! holidays. -' -J . .
: Cabinet was in session for two hours this morn
ing. Evervthingj consequently, was very quiet ;
but few visitors were present. It is a great re
lief to the president t hen cabinet day comes, as
he is then not require to give ear to the mult
tude of grievances and
sented.
petitions , that are pre-
THE CASE 0B MR. GARLAND.
"T
Argument of Hon. Reverly
Jolinson.
CON Q R ESS.
The Prcslilcht's
He
rx In the
i
SPEECH OP MR. RAYMOND OP
y-1' r:' NEW YORKVV: V
lie Vindicate'
it
the
1?
waA
aniu;
add
&c.,
President's
&c,
the house, on Thursday', whhilst that body
in committee of jibe whole on the president's
message, Mr.Kaymond, of Newoit
ressea the house as follows
SPEECH OF
MR. RAYMOND.
Wholesale Arrests. A disturbance oc
curred at an early hour, on Christmas, morning
in the lower part of Market street calling for the
interference of the police, when one or; two of
the disturbers, young negros were arrested.
Very quickly large party of negros assembled
and rescued their comrades from the hands of the
police, and then paraded in triumph around the
Market house, with noisy and defiant demonstra
tions. The mayor and chief of police quickly
rallied assistance and proceeded to quell the dis
turbance, and succeeded in housing about one
hundred of the negros, who were thus deprived
of their Christmas fun. . k-,
A New Pastor. "We understand that Rev. H.
L.f Singleton, of : Baltimore, Md.,- has received
and accepted a call as pastor of the first Presby
terian church of this place and will entep upon
his duties the first Sabbath in January. ; This
congregation from various causes during the war
become very much scattered so that the pastor
elect will need all the talent and ability which he
possesses in so eminent a degree in order to bring
this portion of the vineyard once so, strong and
compact, now so weak and divided, to its original
state again. ." "?;". "
BY TELEGRAPH.
. From Washington. -
WASHiNGTeN, Dec. 26.
The Star has a report of a riot in Alexandria
yesterday ' between , the whites and negros, in
which six negros and four white men are stated
to have been killed, besides a number wounded.
The reported disturbance lasted until late in the
night. ". No particulars other than ihe above re
ceived.--'-' ":i'f-ii,: v ..vi , - ' ?,' ,. -; : ' '.-
The president has relieved Governor Sharkey
of his functions as provisional governor of Mis
sissippi, and ' recognizes the official position of
Governor Humphrey s, recently , elected to that
Office. t , r -.'
The Gale at Buffalo. jV- -
Buffalo, Dec. 21.
The following are some of the effects 'of last
night's gale: St. John's church turret damaged
and windows broken.? The spire of the new
Universalist church rocked so badly that it crum
bled the capstones and dislodged some of them.
Part of the roof of the Courier .office was blown
off. - J'H-: ... :.
The smoke-stack and part of the roof of the
Buffalo steel works was blown down. The steam
barge International was blown from its moorings
.and carried down the Niagara river , some " dis
tance. A large number of chimneys were blown
down all over the city. v
From Boston. , .
f.;;i4 i Boston, 1 Dec. 22.
The ' formal reception i of the jbattl i flags of
Massachusetts regiments torday was the occasion
or a very imposing and I interesting display.
There were about three thousand veteran officers
and men'in marching columns representing sixty
regiments and displaying some two hundred and
fifty battle-torn flags; All along the route of the
proceBsiori were Veterans, and their banners were
greeted in the imost enthusiastic manner. On
marching to the State House. Major General
Couch; on: behalf of the Massaehnsetts volun
teers, presented the colors to the keeping of the
umuunciuux, io an appropriate address, to
nmtu uuvi uw auutcw responaed.
Affairs in Georgia and Alabama
- v' i New York, Dec. 26.
Savannah advices of the '- 20th say that the
citizens are forming a regiment for the purpose of
suppressing the murders and robberies now so
prevalent. ' y" , -,
A mulatto has been sentenced by the military
court to one year's imprisonment for; using se
ditious language. ' ' '
The Mayor,of Mobile forbids negros coming
to that city by steamboat or railroad. :
,.. -jj . - i. I ii . i -
Fire'in the Oil Regions.'
;r,;,;. . - Philadelphia, Dec. 26.
A fire in the Shaffer House oil , regions, in this
state, on yesterday, destroyed four hotels and
most of the buildings in the place. ' No oil de
stroyed. - ;' v- -i- , -: yii fe--?;' i :i
.-. : piVelllen Snffocated. - : ''
, . ' Chicago, Dec. 26.
Five men . , were suffocated at , the , Bremen
House, in this city,; on Saturday -night by the
escape of gas in the room where they were
sleeping. - - - ' - . ,. .
- U. S. SUPREME COUR", WEDNESDAY DEC. 22.
Mr. Johnson, yesterday, concluded the argu
ment in this case with an elaborate survey of the
ancient and modern decisions as to the effect of
executive pardon, andin a review of decisions
under the constituion relative to ex post facto laws.
His points were similar to those submitted in
print by the applicant, ind argued orally by Mr,
Carpenter- First. H Thit the law is unconstitu
tional, because ex post trf,-and for various minor
reasons before published in the Intelligencer in
reports of the case. Second. That if it is not
unconstitutional, still .t(e applicant is relieved of
all pains and penalties tinder it by virtue of the
president's pardon. . L
. In conclusion, Mr. Johnson , spoke as follows,
whilst the most impressive silence was preserved ;
" Will the court indulgje mq with, a word or two
more 1 Every right-minded man every man who
has within his bosom a jheart capable of human
sympathy who is not dead to all the kinder and
nobler feelings of our hature who is not the
slave of his own dishono of low, degraded pas
sions, of hatred of his cotintrymen, or of political
partianship, solely bent in its own wretched tri
umph reckless of the nation s welfare ; but must
wish, but must make itthe subject of his daily
thought and of his prayers to God, that the hour
may come, and come at once, when all the states
shall be again within the; protecting embrace and
shelter of the union, enjoying alike its benefits,
(and greater were never i ouehsafed to man,) con
tented and happy and prosperous,' sharing in its
duties, devoted to its prijMjiptes and participating
in its renown. And wheja the people throughout
bur almost boundless dotnain may be seen com
ing together as brothers, with one love of country
and one h'ope ofi a comnion destiny of safety,
welfare, and national glory with one determina
tion to achieve it, by united efforts inspired and
strengthened by an equally pure and ardent pa
triotism, former differenctes forgotten, and noth
ing remembered put their .ancient concord and
the equal title they . have to share in the glories
of the past, and to labo together for the even
greater, glories of the future. - And may I not,
with --truth' assure your Jjtonors that this - result
will be expedited by ithe; bringing within these
temples- the courts of th4 United States-r-a class
of men now excluded wh, by education, charac
ter, and profession, are ' specially qualified : by
their example to influence the' public sentiment
of their respective states, and to bring them, if
any doubt Vyet exists, tofthe conviction which, it
is believed, they . unanimously entertain that to
support and defend the Constitution- of the United
States, and the government constituted by it, in
all its rightful authority, ts not ' only essential to
their people's Sbappinessj and freedom; .but.: is a
solemn duty to their counltry and their God. -
"May it please your hners, depend upon it,
that in that event they vill be seen gathering
around the altar of the unon, resolved to support
it, under . every exigencyand at all hazards, as
one man, and with one voice be heard invoking
the blessings of Heaven for its maintenance and
preservation till time itself shall be no more."
BY MAIL. '
FROM WASHINGTON.
Tbe Speech of Mr. Raymond n' Advo
cates tne President's I Beconstraction
Policy The Spirit of '-- Faction JiTing
Woy-Tne Besult of the Vote on Negro
Suffrage In Watblnton, Ac Ac
Our Washington Correspondence.
Collisions in the Chesapeake.
The steamed Carroll. Capt. Lenhon. from Kv
' The speech of Mr. Baymond, in, the 'house of
representatives; Yesterday m reply , to the re-
Ybrk; collided, with two schooners, on Thursday centiy avowed theory of Mr. Stevens, is marked
ggSJS! '2&r- T rai, commendation, a.d-U c.y
T he first was the schooner Elijah Shadden, from Pele principles of patnotism which receive
Geo rgetown, with ) coal, bound to 1 New York, wide-spread endorsement. The distinguished re
hes was sunk in six fathoms water, and right in presentative from; New York -has not pleased
A Bloody Affair in Caroll County, Miss. -
We learn from a gentleman from the vicinity
of Shongola, CarroB county, ; says the Kosciusco
Chronicle, of the 4th instant, some particulars of
an affair that proved in the end, rather serious to
the freedmen : ' '
" It appeals-that several families ;,of( negros
were occupjving an old house near the residence
of Mrs. Young, and some time ago they had a
dance, at which a number got drunk, and in the
melee, several guns were fired, the shot from one correct.
passing r inrougn airs, x oungs uouse.a un. iasb jjaTQ :
Saturday the negros proposea to nave anotner
party, and certain parties learning this fact, fre
monstrated with them, telling them finally that if
they had the partr they ; would j be " burned
out.". ' . . : ' :
The negros paid no attention to the warning,
but went on with their party, and when in r full
blast, the first thing they knew the house was itt
flames. They attempted to make their ; escape,
but there being armed guards at ; the door to
prevent their egress, therejwere five of the,; num
ber who "came up missing." :-, There was one fel
low shot and afterwards thrown into the flames.
Those escaping took refuge in the old; Methodist
Churchj which was also burned. - ; ' -
This kind of procedure , we are , compeiiea to
condemn. It is true that the negros did wrong
in indulging in such disorderly conduct, and the
one who fired into ' Mrs.. Young's house ' should
have been severely dealt with but - this thing of
wholesale massacre we think wrong and entirely
unneccessary. The assemblage could no doubt
have been broken, up without the use of such
cruel means. 1. We believe in seeing the ' negros
made to know their places, but such a thing as
mob law is dangerous under any circumstances.
Mr. Chairman : I should be ' glad, if it meet
the sense of those members' who are present, to
make some, remarks upon the general question
now before the house, but I do not wish to tres
pass upon tiie disposition of those who may be
present in regard to this matter. I do not know,
however, that there will be a better opportunity
to say what little I have to say than is now offer
ed ; and if the house shall indicate no other wish
I will proceed to . kay.it. . (Go onV I need not
say that I have been gratified to hear many things
which have fallen from, the Hps of the gentleman
from Ohio (Mr Finck) w:ho has. just taken his
seat. I haveind party feeling; inor Nany other
leehng, wmcn would prevent me from rejoicmg
in the indications apparent on that side of the
house of a purpose to concur with the loyal people
of the country, and with the loyal administration of
the government, and with the loyal majorities in
both houses of ; congress, hx restoring peace and
order to our common country. 1 cannot, perhaps.
help wishing, sir, that these indications of an in
terest in the preservation of our government had
come somewhat sooner. I cannot help feeling
that such expressions cannot now be of as much
service to the country as,- they might once
have been. If we could have , had from
that side of the house such indication of
an interest in the preservation of the union
such heartfelt sympathy with the efforts of the
government for the preservation of that union :
such hearty denunciation of those who were seek
ing its destruction while the war was raging,
am sure we might have been spared some years
of war,' some millions of money, and rivers of
blood and tears. But, sir, I am riot disposed to fight
over again battles now nappiiy ended. 1 reel,
and I am rejoiced to find that members xm the
other side of the House feel, that the great ques
tion now before us is to restore the Union to its
old integrity, purified from everything that '.in
terfered with the full development of the spirit of
liberty which it was made to enshrine. I trust
that we shall have a general concurrence Of the
members of this House and of this Congress in
such measures as may be deemed most fit ' and
proper for the accomplishment of that result.
am glad to assume and to believe that there is
not a member of this House, nor a ; man in this
country, who does not wish from the bottomof
his heart ttf see the day speedily " come When
we shall have this nation, i the great American
Republic, again united more harmonious in its
action than it has ever -been, land lor ever one
indivisible. We in this Congress are to devise
the means to restore its union and its harmony,
to perfect its institution,' and to make it in all its
parts and in all, its action, through all time to
ftstma tnADtmnir tnn u-ica nnri tsu frnn .vb trt
invite or ever to permit the hand of rebellioQ to
be raised against it. Now, sir, in divising . those
ways and means to accomplish that great result,
the first thing we have to do is to know the
point from which we start. ft understand the
nature of the point from which we have to work
the condition of the territory, and the-states
with which we are concerned., .1 had supposed,
at the outset of this session, that it was the pur
pose of this Bouse to proceed to that work with
out discussion, and to commit it almost exclu
sively, if not entirely, to the' joint committees
raised by the two houses for ; the consideration
of that subject.' Ui-;:'::U':';'-.1!-
But sir, Pmust say that I , was glad when I
perceived the distinguished gentleman from Penn
sylvania (Mr. Stevens), .himself the chairman on
the part of thisiouse of the great committee on
reconstruction, lead off in a discussion of this
general subject, and thus invite all t the rest Of us
who choose to follow mm m the aebate. m tne
remarks which he made in this body a few days
since, he laid down, with the clearness and the
force which characterizes everything he says and
does, his point of departure in commencing this
great work. I had hoped that the ground he would
lav down would be sucn tnat we couia au or us
stand upon it, and cooperate with him in our com
mon object i I feel constrained to say, sir, and I
do it without, the slightest disposition to create
or to exaggerate differences that there were
points in his exposition of the country with which
I cannot concur. I cannot, for myself, start from
precisely the point which he assumes. In his re
marks on that occasion he assumed that the states
lately, m rebellion were and are .-out-of the union.
Throughout his speech--I will not trouble you
with reading passages from it-I find him speak
ing of the k states as " outside or the union, as
' dead states," and. as " having forfeited all their
rights and terminated , their state lexistehce." -1
find expressions . still more definite and distinct'
I find i him stating that " they are and for four
years have been out of the union for all legal pur
the relation of the state adopting it to the nation
al government, still less to accomplish the remo
val of that state from the sovereign jurisdiction
of the constitution of the 'United States. 'Well,
lir, did the resolutions of these states, the de
clarations of , their officials; the speeches of mem
bers of their legislatures," or the "utterances of
the union ; and to break up the union at its own ,
will and pleasure. I do not see how upon those
premises we can escape that conclusion, t If tho '
states that engaged in the late, rebellion consti
tuted themselves by these ordinances of secession,
or by any of.- the acts, with which they louowea
those ordinances,' a separate' and independent
their press accomplish the results Certainiynot j power, I do not see how we can deny the princi-
pies on .wnicn tney proiesseu wj aci, w iciuao
assent to their practical , results. A I have heard
no clearer, no stronger statement of the doctrine , :
o , state , sovereignty as paramount to the . '
sovereignty of the nation, than would be involved :
hi such a concessioh.V Whether he intends it or
hoV the gentiemari';; from ';i Pennsylvania;,- Mr."
Stevens actnally assents t to the extreme doc-'
tiines of the advocates of secession. - -
How 1- By war y sustaining their purpose by . Mr.; Niblack: I beg to inquire of the gentle- : ;
arms s agahist the ' force which the united states majo whether the theory of the gentleman from .v
brought to bear against if Did they' sustain ill Pennsylvania, which he is combatting, would not
also, u carried to its. legitimate consequences,
They could J not s?possibly!oi:kanychange
whateyec ;'in s Jthe relations f of i these instates
to the. 'general government. A J
nances and all, their resolutions' were simply
declarations? of purpose tii) seceded i i Tbeirf se
cession, if it ever took place, cestamly could, not
date, from' the time when' ; their .intention, to' se
cede was first announced. . -After- declaring that
Intention they proceeded to carry Jt into effect
Were their arms; victorious t, If they were, then
their secession was an accomplished fact' If not,
it was nothing more than'an abortive attempt n
a purpose unfulfilled. . This, . then,; is - simply a
question of factiand we all know what the fact
y.clThey did-noS succeed-rthey, &iled to :i main
tain their ground by r force, of arms; in ., other
words, they failed to secede. : Indeed the -main
feature'which distinguishes the union under the
constitution from the old confederation is this.
that whereas, ; the old;- confederation- did. deal
with the states directly, making -requisitions
upon them for supplies,' and relying upon them
for the execution of its " laws. The constitution
of the United States in order to formla more per
fect union,mad its .laws binding on the , indi
vidual citizens of the" several states, whether hv-
i s ' a a - ai n : a
lug ill una siate, ur in auukuer. - vougreas, as
the legislative branch Of . this government, .enacts
a law which shall be operative upon every in
dividual within its jurisdiction. It is binding
upon each" individual citizen, and if he resists it
by force, he is guilty of a crime ahd punished ac
cordingly, anything in the cOnstitution'or laws' of
his state tarthe contrary notwithstanding. . But
the states themselves are ' not touched by the
laws of the United States. ? A state cannot be in
dicted, a state cannot be tried, a state cannot be
hung for treason. The individuals an I a f state,
may be so tried, and hung, but the state as an
organization, as an organic member of the union,
still exists, whether its individual citizens com
mit treason or not ' i " -:
Mr. Kelly: Will the gentleman from New
York (Mr, Kaymond) yield to me a moment for
a ' question 1 , ' i , " ' , , T;'. ' ' - , k
Mr. Baymond: Certainly. ' . -. -' ' .
Mr. Kelly :I desire to ask the gentleman this
question. By virtue of what doe a state exist ,1
Is it by virtue of a constitution, and by virtue of
it) relations to the union .What in does a state
of the union exist t Just by virtue of a constitu
tion ; and secondly, by virtue of its practical re
lations to the government of the United States.
And further I would ask, whether those state3
acting by conventions of the people have not
overthrown tira constitution which made them
parts of the union,' and thereby destroyed or'sus
pended phrase it as you will the practical re
lations which 'made them parts of the union!'
. Mr. Kaymond : I will say, in reply to the gen
tleman from Pennsylvania (Mr. Kelly), that it is
not the practical relations of a state at any, par
ticular moment which' make it a state or a part
of the union. What makes a state a ' part of the
union is the constitution of the United States ;
and the rebel states have not. yet destroyed
that.' ' " '"' ..f -.-..-- -----.--
Mr, Kelly f The question I proposed i9, wheth
its:
njake those who ' resisted1 the ' confederacy in the
insurrectionary, states . guilty .of - treason .to the .
confederacy or to those, states 1 - '. , r . : . -.; ;
,( Mrj 'Baymondi,! was just going to.remarkthat r
another of the consequences of this doctrine, as ?
ii seems to me, would be our inability to talk of
loyal men in the soutb.; Loyal to : what 1 Loyal -J
to affpreign mdepeiidentpower, as tbe United
States would become under those circumstances 1 ;
Certainly riot.' Simply disloyal to their own gov
ernment; and deserters, or whatever you; may
choose to call them, from that to which they .
would owe allegiance to. a foreign and indepen-. e,i .
dent state., 1 . ' -, ' . y
4 N6w, there is another consequence "of the doc-" r
A . " - T 9 S s i : . S 1
in.e - wmcn i snau not aweu - upon,' out sunpiy i ,
suggest if, that the;confederacy was an indepen- -
dent power, a separate nation, it , had the right
to contract debts, and we, having overthrown and
conquered that independent power, according to
the theory of the gentleman from . Pennsylvania,., js
would become the inheritors, . the successors of -its
debts and assets, and we must.pay. them.'. Sir,
that is not simply a theory or a claim thrown out
in debate here. 1 It is one adv. need on behalf of -Great
Britain as against us. ?- ; v: 't ,v'-- 4
Mr. Kaymond was here interrupted by. MrVA
Jenckes, with whom he had a long conversation -
on the subject. ' Mr. - Raymond then proceeded :
Now, sir, I have dwelt on these points longer than i '
I intended to do. - I do not think the doctrine I
have been' combatting is held by any number of
siderable number dfv the people of tiiis countrv.
the people of this ' country, -j or 'indeed of "j
any . .condderable.n'timber.ofi'H'the' member :
of this, house. I certainly do not think
these states are to be dealt with by us as pro- '
vinces, as simply so much territory held to us by ''
no other ties than those Of conquest ' I think we -;
are to deal with them as states having state gov- ;
ernments still ., subject to the jurisdiction of the
United. States, still under the constitutional con-;
trol of the national government ; and that in our
dealings with them we are to be gaided and gov- J
erned not simply by our-sovereign wili and plea-
sure as conquerors, but by restrictions and limi
tations of the constitution of the-' United States
necessariiy: aswe 5 are restrained and limited in '
our dealings with all other states of the American ,:
union.
I do not think that the treason of Jefferson Da
vis has anything to do with the inhuman treat-
ment to our prisoners of war. I merely allude
to, the matter. -1 might have elaborated it when .
I said that because we had granted to these states ,
as a power waging war rights usually accorded
to nations at war we were riot therefore excluded !
from proceeding ' against them as traitors.' t The j
i
er a state does not exist by virtue of a eonstitu- decision of the supreme court to which I have
ift '. !1 ' Li.l. I il.- 3 1 T - 1 .A. J fx 1 A 1 .
thing
which
tion its constitution wmcn is a
may be modified or overthrown 1
Mr. Kaymond : Certainly.
Mr; Kelly : And whether these rebellious con
stitutions or states have not been overthrown 1 ,
iMr. Raymond : A state does not exist by virtue "of
any particular constitution. ; It always has a con
stitution, but it need not have a specific constitu
tion at any specific time. A state has certain
once j reierred, ir i understand it, aught assert
that we have the right to proceed against -them'
as traitors, or rather that we had the right to ex-
ercise against them both, the power of sovereigns ?
and of belligerents f that the one did not exclude
the other.' Now, if according to the' view If have
presented, we are to deal with these states as
states still within the union, the next question,
that recurs is, "how are ;we to deal with them.-' The
political relations to the government 6f the United gentleman from Ohio (Mr. Fink) who preceded
States : but the fact of those relations being prac
tically operative and in actual force at any mo
ment does not constitute its relationship to the
overnment or its membership of the United
tates.. .Its practical operation is one thing. The
fact of. its existence as an organized community
one of the great national cohmunity of statesr
is quite another thing. ;. , ;
Mr. Kelly Let ? me mterrupts the gentleman
one moment longer. I will ask him whether, if
the constitution be overthrown or destroyed and
its practical relations cease, there be any state
left! - - '; -
Mr Raymond Why, sir. if there be no consti
tution of any sort in a state, no law, nothing but
chaos, then, that state would no longer exist as an
orgamzation. But that has not been the case.
It never is the " case in great communities, for
they always have constitutions and forms of gov
ernments. It inay not be a constitution and foim
of government adapted to its relation ;to the gov
ernment of the United Stales; and that would be
an evil to be remedied by the government of the
United States. That is what we have been trying
to do for thcttast four years. The practical rela
tions of the government of those states with the
government of the United' States were all wrong
me, tooK'ine ground , that they had only to re
snme their places and their powers in the nation-
al gd vernment, that their representatives have , .
only to come into this hall, and take their seats-i .
without question, and without conditions of , any
sort. , , I cannot concur, sir, in that view. I do not -think;
that these states have any such- rights. On,"
the contrary, T tliink we have a full and perfect
ngnt to require certain conoitions m the nature
of guarantees for the future, and. that right rests l
primarily and technically. on jhe: surrender we. ,
may and must require at their hands. The re-!
bellion has been" defeated, and a defeat always .
implies a surrender, and in a political ' sense a '
surrender implies more than a transfer of tha
arms used on the field of battle ; it implies in tlio
case of ' civil war a surrender of ; the principles
and doctrines, of all the weapons and agencies by
which the war has been carried on.. The milita
ry surrender was made on . the field of . battle to
our generals as the agents and representatives of
the commander-in-chief of the armies of the Uni
ted States. ; But this is not all they have still to .
surrender.5 ' , ; . . , y . ,; r.,- - r'nus' ';r.&' .
I will say that, in surrendering on .the field of i
battle, . they surrendered to ., the generals who
were in command of the armies as agents of the
and were hostile to that government; They ,de- president of the United States, himself the agenf '
nied our jurisdiction; they denied that they were and representative : ef the American people. : If.
states of the union, hut their .denial did not I that explanation is satisfactory to the gentleman'
change the fact, and there was never any time I am very happy to make it, and perhaps T am
wnen uxeir organizauuiis its out tea ncic uesuujcu.
A dead state is a solecism, a contradiction of
terms, an , impossibility. These are, I confess,
rather metaphysical ..distinctions,; but 1 did not
raise them. ' Those who assert that a state is de
stroyed whenever its constitution is changed, or
obliged to him tor having enabled me to state it
a little more specifically and accurately than I
did at first. Now thore must be at' the" end of
the war a similar surrender on the political field
of controversy. . That surrender is due as an act '
of justice from the defeated party to' the victo-1
whenever its practical delations with this govern- j rious party; It is due alsor-and we have a" riTht
poses'," as " baying been for four years a sepa
rate power and a separate nation, ms position,
therefore, is that these states, having been rebel
lious, are now out of the union, arid simply within
ment are changed, must be responsible for what
ever metaphysical niceiues may Jbe necessarily
nvolved in the discussion.
I do not know, sir, that I have made my views
on this point clear to the gentleman from Penn
sylvania (Mr. Kelly), who has - questioned me
upon it; and I am still more doubtful whether,
the jurisdiction of the Constitution of the United even if they are mtelligible, he 1 will concur with
States as so much ; territory to be dealt with pre
cisely as the will of the conqueror to use his
own language may dictate.' Now sir, if that
position is correct, f it " prescribes for us one
line; of policy to be pursued very different
me as to their, justice 'But regard those states
just as truly within the jurisdiction of the consti-;
tution, and, therefore, just as really and truly
states of the. American union now as they were
before the war.. Their practical relations to the
from the one that. will , be proper if . it is not government of the1 United States have been dis-'
turbed and we nave - been endeavoring,: tnrougn
four, years ; of war, to restore them and make
them what they were before, -the war. .The mili-i
tary m the field has given us the means of doing
this. " We can now re-establish the practical re?
lation of those states to the government, and tbe
His belief vis ; that what ;; we
do ;is to create new states out of
this territory at the proper time, many- years dis-;
tant, retaining ;them meantime .in a territorial
conditionj and subjecfang;thenn to precisely sucn
a state of discipline and tutelage as congress or
to exact it as guarantee for the future. Why do
we demand the surrender sof their ( arms by the
vanquished iri every battle? 4 We do it that they
may not renew the contests Why do we seek in
their fall a surrender of ithe principles on which
tney lougnc i , it is tnat tney may never again
be made the basis of controversy and rebellion
against the government of the United States.
Now;;what are the principles which should be.
thus surrendered ly The principle of .state sov
ereignty is one of them. - It was the corner stone
of the rebellion, at once its animating spirit and
was in the southern heart, It must be surrender
ed.,.' The ordinance in .which it. was eriibodied
must not only be repealed, the - principle itself
must be abandoneo and the ordiuarices, so far
as this war is concerned, be declared ' nul and -void;
' and that declaration must be embodied in
the lundamentai constitution.' .We have a right
the government or "tne unitea estates may see nt actmu junsoicuoa over uiemj wuicn, iney vainiy to insist upon tms and it must be apparent that
to prescribe.'- If I believed into premises which attempted to throw off, is already TestoredThe so far. as that principle - is concerned this war
he assumes, possibly thougk ! I do -,not think conquest we bavei achieved, is a conquest over was a permanent success. T f ; ?
probably I might agree with the conclusion he
reaches. But, sir, I cannot believe that this is
Our condition. I cannot believe that these states
have ever been out of the union, or that they are
now out of the union. ' I cannot believe that they
ever have- been) or are now in any sense, a sep-
the rebellion; not a conquest over "'the states j An interesting coloquy occurred between Mpwr
whose authority the. rebellion had for the time Raymond and Bingham, and between Mr JtipVo
subverted. ; For these reasons I tMnk.the views J and Mr, Raymono report of which is omitted for
tmbinitted -th0 gentieinm;jfKnii PeimsylTsniai I want room. -,; : , "" :
(Mr. Stevens), upon this point, are unsound. Let Mr. Raymond said, in conclusion I cannot as
menext cite some of the consequenceS'which itl sent to the intimations -thrown onlv hv t.h o-on.
seems, to me must follow the acceptance of his poi tieman from; Pennsylvania (Mr, Stevens) that the
sitiom1 If, as' he asserts, we have been waging war president concurred in the views he had express
ed, ot. that he had handed, the whole subject of
arate power. If they : were, sir, how and when
did they , become so , They were once states of
this union that every one concedes bound to J with an independent powerwith a separate ria
the union and made members of the union by the j tionr I cannot see how wecan . talk of treason
General Kilpatrick is Iri Washington, receiving
constitution of the United States. If they ever
went ont of the union it was at some specified
time and by some : specific act I regret that the
ffentieman fromr Pennsylvania (Mr.. Stevensl is
not now in his seat ; I should have been glad to
ask him by what specific act and at what precise
time, any one of these states took itself out of the
American union was it by the ordinance of se-;
cession ? I think we all agree that an ordinance
of secession passed by any state of this union is
simplia nullity, because; it encounters in this
instructions from the state department, prepara- practical operation tne constitution 01 tne unitea
finr to W. i.artnrft fnr nhili which will be C-1 States. WmcniS tne supreme law pi uie lauu. t Afc
celerated in consequence of the recent complex- could have n6 legal, actual, force or validity. It
ion of affairs in that state. ' :1 . . " - could not1 operate to effect any actual change in
in .connection with our , recent conflict or
demand the execution of Davis or... any
body else as a traitor, certainly not If we were
at war witq ; any other foreign power, we should
never talk of the treason of those who were orv
posed to us in the field. If we were engaged in
a war with irrance, and should take as prisoner
the Emperor Napoleon, certainly we could not
talk Of him as a tiaitor, or as liable to execution.
I think that by adopting any! such assumption ai
that of the honorable gentleman, we 1 surrender
the whole idea of treason and the, punishment of
traitors. -: I think, moreover, that we accept, vir
tually arid practically, the doctrine of , state
sovereignty; the right of a state to withdraw from
iT-- -" - -' ' '
pacifying the statei lktely in rebellion, jid of r.
storing the states to the practical exercise of their
functions as members of the union, to the hands
of congress., I can .find no warrant in - his mes
sage for . believing that he designs thus to aban
don duties whicb are evidently in hi3 judtrment
devolved upon him as . the executive in the gov
ernment and as commandeMn-chief of the armies
of the United States..; On the ; contrary I find
him rehearsing in clear and explicit language the
steps he has taken to restore the rightful energy
7C T &y , zvivuimvui. anu tne states. . To
that end,, he, says, provisional governors have
been appointed for the statesconventions called,
governors elected, legislatures assemble - and
- : Concluded on fourth page. .
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