[Thirty-seventh Congress Second session.]

JESSE D. BRIGHT,

Senator from Indiana from March 4, 1845, to February 5, 1862.

December 16, 1861, a resolution was submitted that Mr. Bright be expelled from the Senate. The preamble stated that Mr. Bright had written a certain letter (given below) which was believed to be evidence of disloyalty to the United States, and calculated to give aid and comfort to the public enemies. The resolution was referred to the Committee on the Judiciary. January 13, 1862, the committee reported that in their opinion the facts charged against Mr. Bright were not sufficient to warrant his expulsion and recommended that the resolution do not pass. February 5, 1862, after a long debate the Senate agreed to the resolution by a vote of 32 yeas to 14 nays, and, more than two-thirds of the Senators present voting in the affirmative, Mr. Bright was expelled.

The history of the case here given consists of a transcript of the proceedings of the Senate relating to it from Senate Journals, 2d sess. 37th Cong., with the report of the committee taken from the Congressional Globe.

The debates in the case are found in the Congressional Globe, part 1, 2d sess. 37th Cong., and the Appendix contained in part 4 of the same.

Special references to the debates of each day are inserted below.

MONDAY, December 16, 1861. Mr. Wilkinson submitted the following resolution; which was considered, by unanimous consent, and referred to the Committee on the Judiciary:

"Whereas the Hon. Jesse D. Bright heretofore, on the 1st day of March, 1861, wrote a letter, of which the following is a copy:

"WASHINGTON, March 1, 1861.

"""MY DEAR SIR: Allow me to introduce to your acquaintance my friend, Thomas B. Lincoln, of Texas. He visits your capital mainly to dispose of what he regards a great improvement in fire-arms. I commend him to your favorable consideration as a gentleman of the first respectability, and reliable in every respect.

"Very truly yours,

"To his Excellency JEFFERSON DAVIS,

"President of the Confederation of States.'

"JESSE D. BRIGHT.

"And whereas we believe the said letter is evidence of disloyalty to the United States, and is calculated to give aid and comfort to the public enemies: Therefore,

“Resolved, That the said Jesse D. Bright be expelled from his seat in the Senate of the United States."

Mr. Wilkinson also submitted a paper in relation to the aforesaid resolution; which was referred to the Committee on the Judiciary.

[Remarks by Mr. Bright and another letter written by him are found on page 89 of the Congressional Globe referred to in the head-note.]

FRIDAY, December 20, 1861.

Mr. Trumbull presented a memorial of James M. Logan and others, loyal citizens of the State of Indiana, praying for the removal of the Hon. Jesse D. Bright from the United States Senate; which was referred to the Committee on the Judiciary.

MONDAY, January 13, 1862.

Mr. Cowan, from the Committee on the Judiciary, to whom was referred a resolution for the expulsion of Jesse D. Bright, a Senator from the State of Indiana, from the Senate, reported it without amendment, and with a recommendation that the resolution do not pass.

The Senate resumed the consideration of the said resolution; and

On motion by Mr. Wilkinson,

Ordered, That the further consideration thereof be postponed to, and made the special order of the day for, Thursday, the 16th instant, at I o'clock

REPORT OF COMMITTEE. *

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

The Committee on the Judiciary, to whom was referred a resolution to expel the Hon. Jesse D. Bright from his seat in the United States Senate, respectfully report:

That they are of opinion that the facts charged against Mr. Bright are not sufficient to warrant his expulsion from the Senate; and they therefore recommend that the resolution do not pass.

MONDAY, January 20, 1862.

The Vice-President called up the special order of the day, and the Senate resumed the consideration of the resolution submitted by Mr. Wilkinson on the 16th of December last, for the expulsion of the Hon. Jesse D. Bright from the Senate, reported upon adversely by the Committee on the Judiciary; and

After debate,

On motion by Mr. Hale, the Senate adjourned.

[The debate is found on pages 391-398 of the Congressional Globe referred to in the head-note.]

The Senate resumed, &c.

TUESDAY, January 21, 1862.

[The debate is found on pages 412-419 of the Congressional Globe referred to in the head-note.]

The Senate resumed, &c.

WEDNESDAY, January 22, 1862.

[The debate is found on pages 431-435 of the Congressional Globe referred to in the head-note.]

The Senate resumed, &c.

THURSDAY, January 23, 1862.

[The debate is found on pages 447-454 of the Congressional Globe referred to in the head-note.]

The Senate resumed, &c.

FRIDAY, January 24, 1862.

[The debate is found on pages 470, 471 of the Congressional Globe referred to in the head-note.]

The Senate resumed, &c.

MONDAY, January 27, 1862.

[The debate is found on pages 37-42 of the Appendix to the Congressional Globe referred to in the head-note.]

The Senate resumed, &c.

WEDNESDAY, January 29, 1862.

[The debate is found on pages 539-545 of the Congressional Globe referred to in the head-note.]

The Senate resumed, &c.

THURSDAY, January 30, 1862.

[The debate is found on pages 559-564 of the Congressional Globe referred to in the head-note.]

The Senate resumed, &c.

FRIDAY, January 31, 1862.

[The debate is found on pages 582-592 of the Congressional Globe referred to in the head-note.]

TUESDAY, February 4, 1862.

The Senate resumed, &c. [The debate is found on pages 622-629 of the Congressional Globe referred to in the head-note.]

WEDNESDAY, February 5, 1862.

The Senate resumed the consideration of the resolution submitted by Mr. Wilkinson, the 16th of December, for the expulsion of the Hon. Jesse D. Bright from the Senate, and reported upon adversely by the Committee on the Judiciary; and

Whereas the Hon. Jesse D. Bright, heretofore, on the 1st day of March, 1861, wrote

a letter of which the following is a copy:

*Found on page 287 of the Congressional Globe referred to in the head-note.

"WASHINGTON, March 1, 1861.

"MY DEAR SIR: Allow me to introduce to your acquaintance my friend, Thomas B. Lincoln, of Texas. He visits your capital mainly to dispose of what he regards a great improvement in fire-arms. I commend him to your favorable consideration as a gentleman of the first respectability, and reliable in every respect.

666

"Very truly yours,

"His Excellency JEFFERSON DAVIS,

"President of the Confederation of States.'

"JESSE D. BRIGHT.

"And whereas we believe the said letter is an evidence of disloyalty to the United States, and is calculated to give aid and comfort to the public enemies: Therefore, "Resolved, That the said Jesse D. Bright be expelled from his seat in the Senate of the United States,"

It was determined in the affirmative-yeas 32, nays 14.

Those who voted in the affirmative are Messrs. Anthony, Browning, Chandler, Clark, Collamer, Davis, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Henderson, Howard, Howe, Johnson, King, Lane of Indiana, McDougall, Morrill, Pomeroy, Sherman, Simmons, Sumner, Trumbull, Wade, Wilkinson, Wilmot, Wilson of Massachusetts, and Wilson of Missouri.

Those who voted in the negative are Messrs. Bayard, Carlile, Cowan, Harris, Kennedy, Latham, Nesmith, Pearce, Powell, Rice, Saulsbury, Ten Eyck, Thomson, and Willey.

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

Resolved, That the said Jesse D. Bright be expelled from his seat in the Senate of the United States.

[The debate is found on pages 644-655 of the Congressional Globe referred to in the head-note.}

On motion by Mr. Wilkinson,

THURSDAY, February 6, 1862.

Ordered, That the Vice-President be requested to transmit to the executive of the State of Indiana a copy of the resolution expelling Jesse D. Bright from the Senate, attested by the Secretary of the Senate.

BENJAMIN STARK.

May 7, 1862, a resolution was submitted that Benjamin Stark, who had been found disloyal by a committee of the Senate, be expelled. A motion to consider the resolution was determined in the negative, June 6, by vote of 16 yeas to 21 nays. (J. of S., 2d sess. 37th Cong., p. 616.) As the case contains other points relating to the admission of Mr. Stark, it has been thought best to insert it in Part I. Vide supra, p. 188.

[Thirty-seventh Congress-Second session.]

LAZARUS W. POWELL,

Senator from Kentucky from March 4, 1859, till March 3, 1865.

February 20, 1862, a resolution was submitted that Mr. Powell be expelled from the Senate. It was accompanied by a preamble setting forth certain conduct of Mr. Powell, which, it stated, showed that "his purposes, if not his acts, were treasonable." The resolution was referred to the Committee on the Judiciary. March 12, 1862, the committee reported back the resolution with the recommendation that it do not pass. No report showing the grounds on which the committee proceeded was made. From remarks by the chairman of the committee, given below, it appears that nothing was shown to satisfy the committee that Mr. Powell had done anything to favor the cause of the rebellion; that his opinions differed from the opinions of the speaker, but that no man was to be expelled because he disagreed with others in opinion. March 14 the resolution was not agreed to by a vote of 28 nays to 11 yeas.

The history of the case here given consists of a transcript of the proceedings of the Senate relating to it from Senate Journals, 2d sess. 37th Cong., and remarks by Mr. Trumbull from Congressional Globe, part 2, 2d sess. 37th Cong., page 1234.

Special references to the debates of each day are inserted below.

THURSDAY, February 20, 1862. Mr. Wukinson submitted the following resolution; which was considered by unanimous consent, referred to the Committee on the Judiciary, and ordered to be printed: "Whereas Lazarus W. Powell, a Senator from the State of Kentucky, after eleven States had published their ordinances of secession by which to sever themselves from the Government of the United States, had formed a confederation and provisional government, and made war upon the United States, did, on the 20th day of June last, at the city of Henderson, in the State of Kentucky, attend a large Southern State's rights convention, over which he was called to and did preside; and, on taking his seat as president thereof, made a speech, in which he stated the object of said convention, and then appointed a committee, which reported to said convention a long series of resolutions that were unanimously adopted by it. Among those resolutions are the following:

2. That the war being now waged by the Federal Administration against the Southern States is in violation of the Constitution and laws, and has already been attended with such stupendous usurpations as to amaze the world and endanger every safeguard of constitutional liberty.

"That the recall of the invading armies and the recognition of the separate independence of the Confederate States is the true policy to restore peace and preserve the relations of fraternal love and amity between the States.

"6. That we heartily approve the refusal of Governor Magoffin to furnish Kentucky troops to subjugate the South; and we cordially indorse his recent proclamation defining the position of Kentucky, in accordance with the sentiment of her people, and forbidding the invasion of Kentucky by Federal or confederate troops.

"7. That, although Kentucky has determined that her proper position at present is that of strict neutrality between the belligerent sections, yet, if either of them invade her soil against her will, she ought to resent and repel it by necessary force.'

"The pith of Governor Magoffin's proclamation, which that convention so cordially approved, is embodied in this paragraph: 'I hereby notify and warn all other States, separate or united, especially the United and Confederate States, that I solemnly forbid any movement upon Kentucky soil, or occupation of any part or place therein, for any purpose whatever, until authorized by invitation or permission of the legislative and executive authorities. I especially forbid all citizens of Kentucky, whether in the State guard or otherwise, from making any hostile demonstration against any of the aforesaid sovereignties; to be obedient to the orders of lawful authorities; to remain quietly and peaceably at home when off of military duty, and refrain from all words and acts likely to provoke a collision, and so otherwise to conduct themselves that the deplorable calamity of invasion may be averted; but, in the mean time, to make prompt and efficient preparation to assume the paramount and supreme law of self-defense, and strictly of self-defense alone.'

"The closing speech of this convention was made by Senator Powell, and the resolutions passed by it and a summary statement of its proceedings were signed by him as its president.

"On the 10th of September last, whilst the legislature of Kentucky was in session in the town of Frankfort, and after her territory had been invaded at two distant points by the confederate armies, and whilst Humphrey Marshall was employed in organizing and drilling an armed body of rebels in the contiguous county of Owen, a large Southern State's rights convention assembled and held its sessions in Frankfort, for the apparent purpose of overawing the legislature, controlling its deliberations, and deterring it from passing measures to support the Union and the Government of the United States, Lazarus W. Powell was a delegate to that convention from the county of Henderson, and was appointed on its committee of resolutions. Among other resolutions, that committee reported these:

66 'Resolved, That every material interest of Kentucky, as well as the highest dictates of patriotism, demand that peace should be maintained within her borders, and this convention solemnly pledges the honor of its members to do all in their power to promote this end.

"2. That it is the deliberate sense of this convention, and it is believed of an overwhelming majority of the people of Kentucky, that the best and perhaps the only mode of effecting this great object is by adhering strictly, rigidly, and impartially to her chosen and oft-declared position of neutrality during the existence of the deplorable war Dow raging between the sections; taking sides neither with the Government nor with the seceding States, and declaring her soil must be preserved inviolate from the armed occupation of either.

*

"'9. That we consider it incompatible with the neutrality avowed by Kentucky to vote money for the prosecution of the civil war, or to tax the people of the State, or augment its debt for a purpose so unwise and for a cause so hopeless as the military subjugation of the Confederate States.'

"This was a convention of most intense secessionists, and was attended by John C Breckinridge and many of the leaders of that party from generally over the State. William Preston and R. W. Wooley, esquires, made speeches to it fraught with the rankest treason, and denouncing the fiercest war against the United States. Its resolutions were unanimously adopted, and its business closed with the following one, offered by Senator Powell:

"Resolved, That Col. William Preston, George W. Johnson, esq., General Lucius Desha, Capt. Richard Hawes, and Thomas P. Porter, esq., be, and they are hereby, appointed a committee of organization, in order to carry out the purposes of this convention; and full powers are conferred upon them for that object.'

"Those men were thus commissioned in the cause of conspiracy, treason, and rebellion. By the warrant given them, on the motion of Senator Powell, they went forth and organized or advised and assisted in the organization of armed bands of traitors, and soon thereafter led them into the confederate camps, where they are yet struggling to consummate the disruption of the Union and the overthrow of the Constitution and laws of the United States. From the beginning of this great rebellion to the present time Senator Powell has neither done nor said anything in Congress or out of Congress to strengthen or sustain the United States in this mighty struggle for national life. Whilst the true and loyal men of his own State were engaged in an arduous and protracted struggle to bring her to perform her duty to the nation and its government, he not only withheld from them all assistance and sympathy, but gave to the rebels the moral force of his disloyal position and opinions, and all the aid and comfort which he could render them short of the commission of technical treason. His purposes, if not his acts, have been treasonable. Being an ex-governor of the State of Kentucky, and one of her Senators in Congress, his example and counsel have doubtless been potential with her people and of mischievous tendency in other States. Under the false and delusive cry of neutrality and peace, and the absurd purpose to protect the soil of the State against invasion from the military force of the United States, he has doubtless assisted to seduce hundreds and hundreds from loyalty and duty into rebellion and treason. He has not supported the Constitution of the United States, but he has sounded the charge to his recruits, and they have made the overt attack upon it. Wherefore

Be it resolved, That the said Lazarus W. Powall be, and he is hereby, expelled from the Senate."

*

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*

*

Mr. Wilkinson presented papers in relation to the resolution submitted by him this day for the expulsion of the Hon. Lazarus W Powell from the Senate; which were referred to the Committee on the Judiciary.

FRIDAY, March 7, 1862.

[Remarks on the resolution are found on pages 1112, 1113 of the Congressional Globe, part 2, 2d sess. 37th Cong.]