Rebellion Record: a Diary of American Events: Documents and Narratives, Volume 10.
Frank Moore, Ed.

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[24] twenty-fifth of February, reported from the Committee on Military Affairs a bill to make an additional article of war. The bill provided, that hereafter the following shall be promulgated as an additional article of war for the government of the army of the United States, and shall be obeyed and observed as such: “All officers are prohibited from employing any of the forces under their respective commands for the purpose of returning fugitives from service or labor who may have escaped from any persons to whom such service or labor is claimed to be due. Any officer who shall be found guilty by court-martial of violating this article shall be dismissed from the service.” Mr. Bingham, of Ohio, moved to add, after the word “officers,” the words “or persons in the military or naval service of the United States;” and the amendment was agreed to. “You,” said Mr. Mallory, of Kentucky, “are deciding, by this article of war, that the President of the United States shall not be permitted to send a military force into a State to aid the authorities of that State in enforcing a national law which stands on your statute-book.” Mr. Mallory wished to postpone the bill to the third Wednesday in March. Mr. Lovejoy objected to Mr. Blair yielding the floor. Mr. Blair would yield the floor to Mr. Mallory for the purpose indicated. Mr. Bingham hoped Mr. Blair would not yield the floor to allow this bill to be postponed to the end of March: “If that practice is to be pursued by the army and navy under the American flag, it ought to cover with midnight blackness every star that burns upon its field of azure, and with everlasting infamy the men who dare to desecrate it to such base uses.” Mr. Vallandigham, of Ohio, moved to lay the bill on the table; upon which Mr. Bingham demanded the yeas and nays — yeas, forty-four; nays, eighty-seven. Mr. Blair demanded the previous question upon the bill and amendment; and it was ordered. He did not wish to press the bill to a vote to-night, and moved an adjournment; but the motion was lost — yeas, fifty-nine; nays, sixty-one. The question was then taken on the passage of the bill — yeas, eighty-three; nays, forty-two. So the bill passed the House.

In the Senate, on the fourth of March, Mr. Wilson reported back from the Military Committee, without amendment, the House bill providing for the promulgation of an additional article of war, forbidding officers or persons in the military and naval service, on pain of dismissal from the service, to arrest or return fugitive slaves. Mr. Davis would like to offer an amendment, and desired that the bill should go over until to-morrow. Mr. Wilson would, with the understanding that we take up the bill and act on it to-morrow, withdraw his motion to proceed to its consideration, and the proposition was assented to.

On the tenth of March, Mr. Wilson moved to take up the bill from the House of Representatives to make an additional article of war. “I move to amend the bill,” said Mr. Davis, “by inserting after the word ‘due,’ in the eleventh line of the first section, the words, ‘and also from detaining, harboring, or concealing any such fugitive.’ ” Mr. Saulsbury moved to amend by adding at the end of the first section, “That this article shall not apply in the States of Delaware, Maryland, Missouri, and Kentucky, nor elsewhere where the Federal authority is recognized or can be enforced” --yeas, seven; nays, thirty. Mr. Saulsbury moved to amend the bill by inserting after the word “due” in the eleventh line of the first section, the words, “or for the purpose of enticing or decoying such persons, held to service or labor, from the service of their loyal masters.” The question, being taken by yeas and nays, resulted — yeas, ten; nays, twenty-nine. The bill was then passed — yeas, twenty-nine; nays, nine. It was approved by the President on the thirteenth of March, 1862.

No. Xxiii.--The Bill to provide for the Appointment of Sutlers in the Volunteer Service, and to define their Duties.

In the Senate, on the second of January, 1862, Mr. Wilson, of Massachusetts, agreeably to notice, introduced a bill for the appointment of sutlers in the volunteers, and to define their duties, which was read twice, and referred to the Committee on Military Affairs. On the seventh, Mr. Wilson reported it back with amendments. The bill provided:

That the inspector-generals of the army should constitute a board of officers, whose duty it should be to prepare a list of such articles as might be sold by sutlers to the officers and soldiers of the volunteer service — the list to be subject to such revision as, in the judgment of the board, the good of the service might require; but the sale of intoxicating liquors should be in no way authorized by the board. A copy of the list, and of any subsequent change therein, and a copy of the act should be furnished by the board to the commanding officer of each brigade and of each regiment not attached to any brigade in the volunteer service.

That the acting brigadier-general, surgeon, quartermaster, and commissary of a brigade should constitute a board of officers, whose duty it shall be to affix to each article in the list a price for said brigade, which should be by them forthwith reported to the commanding officer of the division, if any, to which said brigade is attached, for his approval, with or without modification, and who should, after such approval, report the same to the inspector-general; and the same, if not disapproved by him, should be the price not exceeding which said articles might be sold. Whenever any brigade should not be attached to a division, said prices should then be reported directly to the inspector-general, and if approved by him, should be the price fixed for such brigade as aforesaid; and whenever any regiment should be unattached to any brigade, the acting colonel, lieutenant-colonel, major, and two senior captains thereof should constitute the board of officers by whom the price of the articles should be fixed for said regiment in the