The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-01-23
HOUSE OF REPRESENTATIVES,.

The SPEAKER laid before the House message from the
President Of the United States transmitting report from
the Secretary of the Treasury in compliance with resou
ton of the House of the 22d ut calling for statements OF
the amounts of money paid and liabilities incurred for the
pay support and other of called into the
service of the United States in the Territory of Kansas
either under the designation OF militia posses, summoned
by the civil officers of the Territory since the date Of its
abshment ALSO statements Of the expenses attending the
arrest detention and trial of persons charged in said Ter
rory with treason against the United States or with vio-
laton of the alleged laws of said Terrory which was
laid on the table and ordered to be printed,
Also message from the President transmitting reports
from the Secretary War and the Secretary Of the Tcasu
ry response the resolution Of the 9TH inst requesting
the President to inform the House by what authority
government architect is employed and paid for designing
and erecting public buildings and also for placing said
buildings under the supervision of military engineers
which referred to the Committee on Public Buildings
and Grounds and ordered to be printed.
Also, communication from the Secretary of the Treas
ury in answer to the resolution requesting information
as to public buildings at Qgdensburg New York, for
cusom-house, &C.. which referred to the Committee
on Commerce and ordered to be printed
Also, communication from the Secretary of the Treas
ury transmitting account of the contingent expenses OF
that department of governments which was laid on the
table and ordered to be printed.
THE rRIvILEaEs HOUSE,
The SPEAKER stated the question first in order to be
upon the motion lay the table the motion to
slider the vote by which the resolution subtted yesterday
by the gentleman from South Carolina Mr.. ORRl was
adopted.
Mr. CLINGMAN, of North Carolina, hoped that the mo-
ton to lay on the table the motion to reconsider would be
voted down. that the resolution could be econsdered and
amended
Mr. H. MARSHALL, of Kentucky inquired whether the
prisoner was still in the custody of the Sergeantat
The CHAIR. 1t is not question properly before the
House.
Nj H. MARSHALL 1t is question properly before the
House 1t is most pertinent question to know whether
the prisoner is in custody or out oft
The CHAIR is informed by the Sergeant-at Arms that
the accused is in his custody.
Mr. ORR of South Carolina And cannot go out of his
custody until the resolution is finally disposed Of
Mr. QLlAgMAN, Of North Carolina, moved the previous
Mr. ORR remarked that if the majority were in favor Of
reconsideration, they would vote against his motion.
The question then taken the motion to lay on
the table the motion to reconsider and 1t was agreed to-
yeas ll6, nays n.
to enforce the attendance Of witnesses the summons OF
testimony reported yesterday from the select
mttee the question being the motion that il be refer
red to the Committee on the Judiciary.
Mr. DAVIS, OF Maryland, stated that when the prisoner
was brought to the bar he had concluded what he desired
say the first secton Of the bill Since then the
mee had carefully revised the language Of the bill and
had endeavored TO make it precise for which pur
pose they had partially amended the first section and had
appended the second section the provso offered yeser
day by the gentleman from Pennsylvania Mt. RrTcHR
member of the select committee. He instructed
by the committee to submit substitute for the BILL only
differing from the original bill in he alteration which he
had brought to the attention of the House
Mr. III. MARSHALL then Withdrew DIS mou0n 10 refer
the BILL when Mr. DAVIS submitted the substitute; where
upon, Mr.. M. renewed his motion.
Mr. MILLSON, of Virginia. greatly preferred the substi-
tute 1t removed his objection to the original bill He
would suggest to the gentleman from Maryland to strike
out the word penenary and insert the words common
Jail" The bill proposed very properly to make the offence
for which it provided msdemeanor The punishment
of msdemeanof, when by Imprisonment, always by
confinement in the JAIL while felony was always punsha-
BILE by imprisonment in the penitentiary He submitted
that Il manifesty inconsistent to declare offence to
be only misdemeanor and then to subject the guilty par
ty to punishment applied alone to elonious offence
Mr. LETCHER of Virginia, also suggested the propriety
of an additional section making il the duty of the Speaker
direct the clerk of the House to report to the United
States Attorney for the District Of Columbia any violation
of the law in order that prosecution might be instituted
against ting offending party.
Mr.. DAVIS then explained that the alterations made
by the committee simply for the purpose OF msking
the language Of the bill concise in order that If
should arise difficulty might what the
court to pass upon. The bill explained yesterday,
conferred no summary power any tribunal increased
power existing In conferred any power to be
exercised BY any committee either house II merely
substituted judicial proceeding for the ordinary proceed