In other words, the Laws of War are essentially humane, and not to be changed by any spasm of barbarism in an enemy.
A debate of several days ensued, in which Mr. Wade and Mr. Howard argued earnestly for the resolution of the Committee, and they were sustained by Mr. Gratz Brown, of Missouri, Mr. Howe, of Wisconsin, Mr. Harlan, of Iowa, Mr. Clark, of New Hampshire, Mr. Wilkinson, of Minnesota, Mr. Chandler, of Michigan, and Mr. Lane, of Indiana. On the other side were Mr. Cowan, of Pennsylvania, Mr. Hendricks, of Indiana, Mr. Henderson, of Missouri, Mr. Foster, of Connecticut, Mr. Davis, of Kentucky, Mr. Reverdy Johnson, of Maryland, Mr. Richardson, of Illinois, Mr. McDougall, of California, and Mr. Doolittle, of Wisconsin. Mr. Chandler especially condemned the position of Mr. Sumner. Here he said:—
“Sir, the Senator from Massachusetts [Mr. Sumner] has brought in a sublimated specimen of humanitarianism that does not apply to these accursed Rebels at this time. They do not appreciate that kind of humanitarianism. I expected those men who desire that the Rebellion should succeed to oppose retaliation, and to oppose it to the bitter end; but I did not expect the Senator from Massachusetts to come in here and say that it was inexpedient to protect our suffering prisoners.”
Mr. Sumner. “I have not said so.”
Mr. Wilson, of Massachusetts, moved as a substitute for Mr. Sumner’s amendment a simple resolution requiring the President “to appoint two commissioners to confer with the Confederate authorities, with a view of devising some practicable plan for the relief and better treatment of our prisoners of war.” Mr. Clark, of New Hampshire, offered still another substitute, to be considered when in order:—
“That Congress earnestly calls the attention of the President to the condition and treatment of our prisoners of war in Rebel prisons and camps; and if, for reasons satisfactory to or controlling the Executive, they cannot be exchanged, desires that he should employ every means in his power, embracing retaliation to such a degree as may be proper and effectual, to prevent the continuance and recurrence of such barbarities, and to compel the insurgents to observe the laws of civilized warfare.”
Mr. Wade, who was urging the original resolution, also gave notice of an amendment, to strike out all after the word “retaliation,” and insert as follows:—
“That the executive and military authorities of the United States are hereby directed to retaliate upon the prisoners of the enemy in such manner and kind as shall be effective in deterring him from the perpetration in future of cruel and barbarous treatment of our soldiers.”
Mr. Wade recognized the change so far as to say, “Now, if a Senator is for retaliation, if he is for the principle of it, he cannot have it in a milder form than it is there.” Mr. Morrill proposed to strike out the words “and kind,” and insert, instead, “in conformity to the Laws of Nations,” which amendment was accepted by Mr. Wade.