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mation of the President, issued by virtue of an Act of Congress, hereafter to be passed, authorizing the same." This was in conformity with propositions introduced by Mr. Sumner.1 The House bill was unsatisfactory, inasmuch as it founded the new governments on "white male citizens" but, besides asserting the power of Congress over the Rebel States, it decreed the abolition of Slavery in these States; therefore Mr. Sumner favored it. But the substitute of Mr. Brown prevailed, — Yeas 17, Nays 16.

Mr. Sumner then brought forward his bill, originally reported from the Committee on Slavery and Freedmen, and moved it as an additional section:

"And be it further enacted, That the Proclamation of Emancipation, issued by the President of the United States on the 1st day of January, 1863, so far as the same declares that the slaves in certain designated States and portions of States thenceforward should be free, is hereby adopted and enacted as a statute of the United States, and as a rule and article for the government of the military and naval forces thereof."

Mr. Hale, of New Hampshire, was in favor of this, but thought it "incongruous and out of place here." Mr. Sumner followed.


HE Senator from New Hampshire is entirely mistaken, when he says that the section moved by me is incongruous. The Senator whispers to me that he did not say so. I beg his pardon; he began by saying it was incongruous. It is entirely germane, nothing could be more germane. The section already adopted concerns the Rebel States: that I offer concerns the Rebel States. The Senator cannot vote against what I now offer; it is neither more nor less than this: to recognize as a statute the Proclamation of Emancipation, putting it under the guaranty and safeguard of an Act of Congress. That is all. It is as simple as day; it is as plain as truth. It is impossible for any person

1 See, especially, Resolutions entitled "State Rebellion, State Suicide; Emancipation and Reconstruction," February 11, 1862, - ante, Vol. VI. pp. 301-305.

2 Mr. Hale and Mr. Sumner sat next to each other.

recognizing the Proclamation of Emancipation, or disposed to stand by it, to vote against the amendment I now offer. I wish Emancipation in the Rebel States supported by Congress. I am unwilling to see it left afloat on a presidential proclamation. We are assured that the Proclamation will not be changed; but who knows what may be the vicissitudes of elections? do not look far enough into the future to see what proclamation may be issued hereafter. I would make the present sure, and fix it forevermore and immortal in an Act of Congress.

Mr. Saulsbury, of Delaware, denounced the amendment as "an attempt by Federal legislation to legislate for the States themselves, to regulate their domestic institutions, to control property, in other words." Mr. Gratz Brown said that the amendment, "as an independent proposition, met his hearty concurrence"; that he concurred heartily and fully with Mr. Sumner "as to the propriety of putting in the shape of a statute that proclamation of the President"; but that it ought not to be on the present bill, as it could not pass the House.

MR. SUMNER. I adopt the language of my friend from Missouri. He regards his proposition as necessary. I regard his proposition, or something equivalent, as necessary. But not less necessary do I regard that which I have the honor to offer. His is to meet a question in Reconstruction. Mine is to meet a similar question.

MR. BROWN. Mine is not a proposition for Reconstruction, at all. It is simply providing that they shall not exercise the elective franchise until Congress authorizes it by Act.

MR. SUMNER. I understand it. The obvious effect is to postpone all activities tending to Reconstruction, and to bring them all under the rule of Congress.




That is the object of the Senator. And my present object is to bring Emancipation under the rule of Congress, so that it shall no longer depend on the Proclamation of the President. I am unwilling that Emancipation shall depend upon the will of any one man, be he Senator or President. I would place it under the highest sanction which our country knows. If I could, I would place it at once under the shield of the Con,stitution; but that failing, let me place it under that other safeguard, an Act of Congress. I am sure the Senator cannot differ with me. But the Senator, whose experience here certainly does not compare with that of others, assures us that this measure cannot pass the other House. Sir, by what intuition has he arrived at that knowledge? I have no means of knowing that. On the contrary, if left to draw my conclusion from what has already occurred, I say, unhesitatingly, it can pass the other House. The Senator forgets, that, when it reaches the other House, it will not be as a bill, to go through its three different stages, but as an amendment to a House bill, subject only to one stage of proceeding, with one vote. I tell the Senator it can pass the other House. It only requires that the Senate should send it there. Let us will it, and it can be done; and I do entreat the Senator from Missouri, who I know is pledged so strenuously to the cause of Emancipation, not to fail it at this hour.

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The amendment of Mr. Sumner was lost, Yeas 11, Nays 21. The bill, as amended by the substitute of Mr. Brown, then passed the Senate, Yeas 26, Nays 3. The House of Representatives disagreed to the substitute, and asked a conference. tion of Mr. Wade, receded from the substitute, -- and so the bill passed both Houses; but it failed to receive the approval of the President of the United States.

The Senate, on mo

Yeas 18, Nays 14,




JUNE 30th, Mr. Sumner asked, and by unanimous consent obtained, leave to bring in the following bill, which was read the first and second times by unanimous consent, and ordered to be printed.

A BILL to incorporate the National Academy of Literature and Art, and also to incorporate the National Academy of Moral and Political Sciences. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That S. Austin Allibone, Pennsylvania, William C. Bryant, New York, Frederick E. Church, New York, George W. Curtis, New York, Richard H. Dana, Massachusetts, John S. Dwight, Massachusetts, Ralph W. Emerson, Massachusetts, Fitz-Greene Halleck, Connecticut, Oliver W. Holmes, Massachusetts, Henry W. Longfellow, Massachusetts, James R. Lowell, Massachusetts, George P. Marsh, Vermont, Hiram Powers, Ohio, William W. Story, Massachusetts, George Ticknor, Massachusetts, Henry T. Tuckerman, New York, Gulian C. Verplanck, New York, William D. Whitney, Connecticut, John G. Whittier, Massachusetts, Joseph E. Worcester, Massachusetts, their associates and successors, duly chosen, are hereby declared to be a body corporate for the study and cultivation of the ancient and modern languages, letters, and the fine arts, by the name of the National Academy of Literature and Art.

SEC. 2. And be it further enacted, That George Bancroft, New York, Henry Ward Beecher, New York, Horace Binney, Pennsylvania, Robert J. Breckinridge, Kentucky, Edward Everett, Massachusetts, Thomas Ewing, Ohio, Henry W. Halleck, Army of the United States, California, Samuel G. Howe, Massachusetts. Charles King, New York, Francis Lieber, New York, J. Lothrop Motley, Massachusetts, John G. Palfrey, Massachusetts, Wendell Phillips, Massachusetts, Alonzo Potter, Pennsylvania, Josiah Quincy, Massachusetts, Henry B. Smith, New York, Jared Sparks, Massachusetts, Robert J. Walker, District of Columbia, Francis Wayland, Rhode Island, Theodore D. Woolsey, Connecticut, their associates and successors,

duly chosen, are hereby declared to be a body corporate for the study and cultivation of history, and the sciences which concern morals and government, by the name of the National Academy of Moral and Political Sci


SEC. 3. And be it further enacted, That each of these National Academies shall consist of not more than fifty ordinary members, of whom not more than ten shall be elected in any one year; that nominations shall be made and elections held at the regular annual meeting only, and that no nomination for any kind of membership shall be acted upon until it shall have been before the Academy for one year, and shall have been considered by a committee.

SEC. 4. And be it further enacted, That each of these National Academies shall have power to make its own organization, including its constitution, by-laws, and rules and regulations; to fill all vacancies created by death, resignation, or otherwise; to provide for the election of foreign and domestic members, what number shall be a quorum, the division into classes, and all other matters needful or usual in such institutions, and to report the same to Congress.

SEC. 5. And be it further enacted, That each of these National Academies shall hold an annual meeting at such place in the United States as may be designated, and, whenever thereto requested by any department of the Government, shall investigate, examine, and report upon any subject within their respective provinces: it being understood that the actual expense thereof, if any, shall be paid from appropriations which may be made for the purpose, but the Academies shall receive no compensation whatever for any services to the Government of the United States.

July 2d, the Senate, on Mr. Sumner's motion, proceeded to consider this bill. Mr. McDougall, of California, said: "This attempt at aggregating all power in the General Government tends to destroy the positive exercise of the power of local institutions. . . . . The Senator from Massachusetts . . . . undertakes to present this and other conterminous things as a policy, so as to wipe out the lines of the States and make one grand empire. That may be his policy. I have seen it indicated from various quarters. It is revolutionary. . . . . I have not the right to promote such a corporation; he has not the right to promote such a corporation."

Mr. Sumner replied briefly.


HE answer is very simple. I have in my hand the Statutes at Large, containing what was done by the last Congress. Here is "An Act to incorporate the National Academy of Sciences," approved March 3,

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