[Thirty-seventh Congress-Second session.]

JOHN C. BRECKINRIDGE,

Senator from Kentucky from March 4, 1861, till December 4, 1861, when he was expelled.

December 4, 1861, a resolution was submitted that John C. Breckinridge be expelled from the Senate. It was amended by a preamble stating that he "had joined the enemies of his country," and was agreed to.

The history of the case here given consists of a transcript of the proceedings of the Senate in rela tion thereto from the Journal of the Senate, 2d sess. 37th Cong.

ate."

WEDNESDAY, December 4, 1861.

Mr. Chandler submitted the following resolution for consideration: "Resolved, That John C. Breckinridge be, and he hereby is, expelled from the SenThe Senate proceeded, by unanimous consent, to consider the resolution; and the same having been amended, on the motion of Mr. Trumbull, to read as follows:

"Whereas John C. Breckinridge, a member of this body from the State of Kentucky, has joined the enemies of his country, and is now in arms against the Government he had sworn to support: Therefore,

"Resolved, That said John C. Breckinridge, the traitor, be, and he hereby is, expelled from the Senate."

On the question to agree to the resolution as amended, it was determined in the affirmative-yeas 37, nays none.

On motion by Mr. Trumbull, the yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are Messrs. Anthony, Browning, Carlile, Chandler, Clark, Collamer, Cowan, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Howe, Kennedy, King, Lane of Indiana, Lane of Kansas, Latham, McDougall, Morrill, Nesmith, Pomeroy, Rice, Sherman, Simmons, Sumner, Ten Eyck, Thompson, Trumbull, Wade, Wilkinson, Wilmot, and Wilson. So the resolution as amended was agreed to, two-thirds of the Senators present having voted in the affirmative.

THURSDAY, December 5, 1861.

Mr. Rice stated that he was not in the Chamber yesterday when the vote was taken upon the resolution expelling John C. Breckinridge from the Senate, and asked unanimous consent to be allowed to have his vote recorded in the affirmative upon that question.

Whereupon,

It was unanimously agreed that the name of Mr. Rice be entered upon the list of yeas and nays among those who voted in the affirmative upon the passage of the said resolution.

[Thirty-seventh Congress-Second session.]

TRUSTEN POLK,

Senator from Missouri from March 4, 1857, till January 10, 1862.

December 18, 1861, the following resolution was submitted, and referred to the Committee on the Judiciary: "Resolved, That Trusten Polk, of Missouri, now a traitor to the United States, be expelled and he hereby is expelled from the Senate." January 9, 1862, the committee reported that it appeared to their satisfaction that Trusten Polk had, in a letter transmitting pecuniary means to aid in the publication of a secession newspaper in Missouri, declared among other disloyal and treasonable expressions that "dissolution is now a fact," and that he hoped Missouri would not "hesitate a moment to go with her Southern sisters;" that this letter had been extensively published, and could hardly have failed to come to the notice of Senator Polk; yet that neither he nor any one in his behalf had appeared before the committee to deny the authenticity of the letter, or attempted in any way to explain it; that he had not only failed to appear in his seat during the session, but on the contrary, as the committee are fully satisfied, had left his home in Saint Louis, and had gone clandestinely within the lines of the enemy then in rebellion against the United States. They reported back the resolution with the unanimous recommendation that it pass. January 10 it passed by a vote of 36 yeas to no nays. A few remarks in regard to Mr. Polk's letter, and reference of the resolution, constitute the debate on the case.

The history of the case here given consists of a transcript of the proceedings of the Senate relating to the case from Senate Journals, 2d sess. 87th Cong., with the report of the committee from Senate Reports, 2d sess., 37th Cong., No. 4.

The debate is found on page 126 of the Congressional Globe, part 1, 2d sess. 37th Cong.

WEDNESDAY, December 18, 1861.

Mr. Sumner submitted the following resolution; which was considered by unanimous consent, and referred to the Committee on the Judiciary:

'Resolved, That Trusten Polk, of Missouri, now a traitor to the United States, be expelled, and he hereby is expelled, from the Senate."

THURSSDAY, January 9, 1862.

Mr. Ten Eyck, from the Committee on the Jndiciary, to whom was referred a resolution for the expulsion of Trusten Polk, a Senator from the State of Missouri, reported the resolution without amendment, and with a recommendation that the resolution do pass.

Mr. Ten Eyck submitted a report (No. 4) on the subject; which was ordered to be printed.

REPORT OF COMMITTEE.

[The committee consisted of Messrs. Trumbull (chairman), Foster, Ten Eyck, Cowan, Harris, Bayard, and Powell.]

IN THE SENATE OF THE UNITED STATES.

JANUARY 9, 1862.—Submitted, and ordered to be printed.

Mr. Ten Eyck made the following report:

The Committee on the Judiciary, to whom was referred the resolution of the Senate for the expulsion of Trusten Polk, a Senator from the State of Missouri, report:

That it appears to the satisfaction of the committee that Trusten Polk recently and since the commencement of the present rebellion, in a letter transmitting pecuniary means to aid in the publication of a secession newspaper in Southwestern Missouri, among other disloyal and treasonable expressions used the following: "Dissolution is now a fact; not only a fact accomplished, but thrice repeated. Everything here looks like inevitable and final dissolution. Will Missouri hesitate a moment to go with her Southern sisters? I hope not. Please let me hear from you. I would be glad to keep posted as to the condition of things in Southwest Missouri. I like Governor Jackson's position. It looks like adherence to the Jackson resolutions.'"'

That a copy of this letter was published in full in the Congressional Globe of the 19th of December last, the day after the resolution of expulsion in this case was introduced in the Senate, and has also, both before and since that time, been published and referred to in several other newspapers in Missouri and elsewhere, and widely circulated throughout the country, which publication could hardly have failed to come to the notice of Senator Polk; and yet neither he nor any other person in his behalf has ap

peared before the committee to deny the authenticity of the letter referred to, or attempted in any other way to deny or explain it so far as the committee are aware; a course of conduct deemed to be wholly incompatible with the idea of his innocence, since an innocent man in his position, according to the first impulses of a true and loyal heart, would not have suffered a moment to elapse without flying to his place to deny, if false, so grave and foul a charge.

That besides this he has not only failed to appear in his seat during the whole time of the continuance of the present session, now a period of six weeks, to perform his duty to his State and to the Union on an occasion of the greatest possible urgency, when the votes as well as counsel of every true and loyal Senator were eminently needed in providing for the public welfare and in putting down a fierce rebellion threatening the very existence of the Union, but, on the contrary, as the committee are fully satisfied on information derived from reliable official and other sources in Missouri, has left his home in Saint Louis and gone clandestinely within the lines of the enemy now in open, armed rebellion against the United States, whose Constitution he, as Senator, has solemnly sworn to support.

The committee, under this state of facts, are of opinion that justice to the Senate, to rid its roll of his name as well as the Chamber of his presence; justice to the State of Missouri, whose high commission he has dishonored, and justice to the Union which he has sought to betray, all require that he should no longer continue a member of this body.

They therefore respectfully report the resolution for the expulsion of Trusten Polk, a Senator from Missouri, back to the Senate, with the unanimous recommendation that the same do pass.

FRIDAY, January 10, 1862.

On motion by Mr. Ten Eyck, the Senate proceeded to consider the resolution submitted by Mr. Sumner the 18th of December, expelling from the Senate Trusten Polk, a Senator from the State of Missouri; and

On the question to agree to the resolution, as follows:

"Resolved, That Trusten Polk, of Missouri, now a traitor to the United States, be expelled, and he hereby is expelled, from the Senate,'

It was determined in the affirmative-yeas 36, nays none.

Those who voted in the affirmative are Messrs. Anthony, Bright, Browning, Carlile, Chandler, Collamer, Cowan, Davis, Dixon, Fessenden, Foster, Grimes, Hale, Harlan, Harris, Howe, Johnson, King, Lane of Indiana, Lane of Kansas, Latham, Morrill, Nesmith, Pomeroy, Powell, Rice, Saulsbury, Sherman, Simmons, Sumner, Ten Eyck, Thompson, Trumbull, Wade, Wilkinson, and Wilson.

So the resolution was agreed to, two-thirds of the Senators present having voted in the affirmative.

Mr. Trumbull submitted the following motion; which was considered by unanimous consent, and agreed to:

Ordered, That the Vice-President be requested to transmit to the governor of the State of Missouri copies of the resolutions expelling Waldo P. Johnson and Trusten Polk from the Senate, attested by the Secretary of the Senate.

[Thirty-seventh Congress-Second session.]

WALDO P. JOHNSON,

Senator from Missouri from March 4, 1861, till January 10, 1862.

December 10, 1861, a resolution was submitted that Mr. Johnson be expelled from the Senate for his sympathy with and participation in the rebellion, conduct incompatible with his duty and station as a Senator. December 12 the resolution was referred to the Committee on the Judiciary, with instructions to inquire into the facts. January 9, 1862, the committee reported that previous to his election Mr. Johnson was known, in Missouri, as entertaining secession proclivities; that since his election he was reported to have made a speech evincing a spirit hostile to the Government; that he had not appeared in his seat in the Senate since the session began; that this failure to appear in his place, and his silence under the imputations upon his loyalty, which, from their publicity, could not have escaped his notice if within a loyal portion of the Union, of themselves furnish strong presumptive grounds against his fidelity to the Government. They reported back the resolution with the recommendation that it pass. January 10 it passed by a vote of 35 yeas to no nays. A few remarks, mainly on the question of reference of the resolution, constitute the only debate on the case.

The history of the case here given consists of a transcript of the proceedings of the Senate relating to it from Senate Journal, 2d sess. 37th Cong., with the report of the committee from Senate Reports, 2d sess., 37th Cong. No. 5.

The debate is found on pages 70, 71 of the Congressional Globe, part 1, 2d sess. 37th Cong.

TUESDAY, December 10, 1861.

Mr. Foot submitted the following resolution for consideration: Resolved, That Waldo P. Johnson, a Senator from the State of Missouri, by his sympathy with and participation in the rebellion against the Government of the United States has been guilty of conduct incompatible with his duty and station as a Senator; and that he be therefor, and hereby is, expelled from the Senate of the United States."

THURSDAY, December 12, 1861.

The Senate proceeded to consider the resolution, submitted by Mr. Foot the 9th instant, to expel Waldo P. Johnson, a Senator from the State of Missouri, from the Senate; and

After debate,

On motion by Mr. Saulsbury that the resolution be referred to the Committee on the Judiciary, with instructions to inquire into the facts of the case, it was determined in the affirmative.

THURSDAY, January 9, 1862.

Mr. Trumbull, from the Committee on the Judiciary, to whom was referred a resolution to expel Waldo P. Johnson, a Senator from the State of Missouri, reported the resolution without amendment, and with a recommendation that the resolution do pass.

Mr. Trumbull submitted a report (No. 5) on the subject; which was ordered to be printed.

REPORT OF COMMITTEE.

[The committee consisted of Messrs. Trumbull (chairman), Foster, Ten Eyck, Cowan, Harris, Bayard, and Powell.]

IN THE SENATE OF THE UNITED STATES.

JANUARY 9, 1862.-Submitted, and ordered to be printed.

Mr. Trumbull made the following report:

The Committee on the Judiciary, to whom was referred a resolution for the expulsion from the Senate of Waldo P. Johnson, a Senator from the State of Missouri, submit the following report:

Previous to his election to the Senate Mr. Johnson was known in Missouri as entertaining secession proclivities, and to sympathize and co-operate with the prominent citizens of that State who are now in open rebellion against the Government. He was elected to the Senate by a legislature which has since sought to array the State against the Union. Since his election he is reported to have made a speech evincing a spirit hostile to the Government, which speech was extensively published in the State of

Missouri without public contradiction from him. He has not appeared in his seat in the Senate since the session began; and though the resolution for his expulsion was proposed in the Senate on the 10th day of December, and referred to this committee on the 12th day of December, 1861, and has been extensively published in Missouri and other parts of the Union, the said Johnson has wholly failed to furnish any reason for his absence, or explanation of the charges of disloyalty urged against him.

The failure of said Johnson for so long a period to appear in his place to discharge the high duties incumbent upon him for the preservation of the Republic in this time of rebellion against its authority, and his silence under the imputations upon his loyalty, which, from their publicity, could not have escaped his notice if within a loyal portion of the Union, of themselves furnish strong presumptive grounds against his fidelity to the Government.

His whereabouts at this time the committee have been unable, with actual certainty, to ascertain. They are satisfied that, had he been so disposed, there was nothing to prevent his attendance on the Senate at its commencement; and when last heard from he was reported to have gone voluntarily within the lines of rebels in arms against the Government.

Under these circumstances, the committee are of the opinion that he ought to be expelled from the body, and they accordingly report the resolution back to the Senate with a recommendation that it do pass.

FRIDAY, January 10, 1862.

On motion by Mr. Trumbull, the Senate proceeded to consider the resolution sub mitted by Mr. Foot the 10th of December, expelling from the Senate Waldo P. Johnson, a Senator from the State of Missouri; and

On the question to agree to the resolution, as follows:

"Resolved, That Waldo P. Johnson, a Senator from the State of Missouri, by his sympathy with, and participation in, the rebellion against the Government of the United States, has been guilty of conduct incompatible with his duty and station as a Senator, and that he be therefor, and hereby is, expelled from the Senate of the United States," It was determined in the affirmative-yeas 35, nays none.

Those who voted in the affirmative are Messrs. Anthony, Bayard, Bright, Browning, Carlile, Chandler, Collamer, Cowan, Davis, Dixon, Fessenden, Foster, Grimes, Hale, Harlan, Harris, Howe, Johnson, King, Lane of Indiana, Lane of Kansas, Morrill, Nesmith, Pomeroy, Powell, Rice, Saulsbury, Sherman, Simmons, Sumner, Ten Eyck, Thomson, Trumbull, Wade, and Wilson.

So the resolution was agreed to, two-thirds of the Senators present having voted in the affirmative.

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Mr. Trumbull submitted the following motion; which was considered by unanimous consent, and agreed to:

Ordered, That the Vice-President be requested to transmit to the governor of the State of Missouri copies of the resolution expelling Waldo P. Johnson and Trusten Polk from the Senate, attested by the Secretary of the Senate.