The Washington union., 1858-03-05

resolution, memorial Ut the
Of Nebraska in favor OF an appropriation for the Purpoee
of erecting bridge the Nebraska river at point
within nty miles Of its mouth which referred to
the COMMITTEES on Commerce and ordered to be printed
nr. CAMERON presented petition Of operatives and
citizens Of Huntingdon county and petition Of citizens
of Montgomery county Pennylvania, praying that sum
Gent protection may be extended to that branch oil Amer,
san labor engaged 10 the manufacture OF iron "n'sA
WAS referred to the Committee on Finance
Mr.. STUART presented petition OF citlzens On LOCK
port New York. and two petitions Oh duehs on ichi-
gan, praying the construction Of hastof On cduge AZ
Now Buffalo, Michigan which were reeHed to the Soni-
pittee Commerce.
Mr. ALLEN presented resolution OF the Legislature OF
Rhode Island In favor of the passage OF an act granting
public lands to the several States and Territories to aid
md encourage scientific education In agriculture and the
mechanic arts which was read and ordered to be
printed. sisos a.fsta
Of Name In favor of the distribution OF portion of the
public lands among the several States for educational
poses which ordered to lie on tho table and be
printed.
Mr. JONES presented the memorial of the general as
scmbiy of Iowa, praying the establishment of tr
weekly mail from Dcs Mones, in that State, to White
Cloud in the Territory of Kansas which referred to
the Committee the Post Office and Post Roads, and
ordered to be printed
RESOLUTION
On mc&ion by Mr.. TOOMBS 80 much of the annual
message of the President of the United States relates
to tho subject of uniform bankrupt law referred
to the Committee ON the Judiciary.
asg COMMITTEES.
Mr. IvERSON, from the Committee on Claims to whom
referred the joint resolution to authorize the Sccre
tary OF the Treasury to audit and settle the accounts OF
the contractor for the erection of the United States
rnc hospital at San Francisco, California, reported it
with amendment
Mr. L., from the same committee, reported bill for
the relief Of Charner r. Seattle administrator Of Gilbert
6talker and bill for the relief Of John Robb which
wcp. ssverally read and passed to second reading
Mr.. STUART from the Committee on Public Lands, to
tied An act in addition to certain acts granting bounty
lands to certain officers and soldiers who have been
gagged in the military service of the United States ap
proved March g. 1885, reported 1t back with the
mendation that II ought not TO pass.
Mr.. o., from the committee, to whom was refer
red the bill to provide for the payment to the State of
Missouri of the two centum OF the net proceeds OF the
sales of the public lands therein heretofore reserved under
a compact with said State, reported 1t without amend
mcnt and recommended its passage.
Mr.. S., from the committee, to whom
ferred two petitions of citizens of Cincinnati Ohio in
ation to grants Of land to actual settlers in Arizona
asked to be discharged from the further consideration of
the same and that they be referred to the Committee
Territories which agreed to.
Mr.. CLAY, from the Committee Commerce asked
leave to be discharged from the further consideration of
the petition Of c. Fox and that it he referred to the
Committee Foreign Relations also, to be discharged
from the further consideration of the memorial of John
c. f. Solomon and George W. Morris, and that it be
ferred TO the Committee on Naval Affairs which was
agreed to.
I.
TO whom referred the bill to authorize wrts of
In all prosecuted by indictment reported it with
amendment. sE
COURT MARTIAL.
On motion by Mr.. MASON the Senate proceeded to
the consideration of the bill for the relief of Capt Thomas
Ap Cucsby Jones which proposes to refund to him two
and halt years pay of which he had been deprived by
the sentence of q court martial
MIR. STUART said that it afforded him pleasure to
oppose such claim this but his convictions were clear
fifnft
power Of Congress to give The menoralist states that
he was tried by court martial and convicted but he
claims that the court martial received improper evidence
parte evidence and he also complains that they
dcrcd unnecessarily severe Judgment against him.
which that he should be suspended five years and
two and half years of that to be without pay The
mortal further states that upon the sentence being
viewed by the President in the exercise of his consttu
tional authority Gn which review he had the power
remit the entire SENTENCE he decided to remit half
of 1t and and the memoalst for these
asks Congress to remit the remainder by restoring him
the two and half years pay of which he has been de
prived Now Mr. S. maintained that Congress had
power whatever to inepose and modify the judgment of
court martial in any Although the bill has
proviso to the effect that it shall not be construed
press any opinion pass any judgment the sentence
of the court martial yet in fact it is direct interference
with that sentence Congress shall pay the money, Of
which the memoraist has been deprived by the
of the court MARTIAL what becomes of that sentence 1t
is Clearly set inside and annulled
rr. MASON replied that. Congress had power to pre-
rules ana reSulntOns government OF the
army and navy 1t is not questioned but that the Pres
dent possesses authority to remit sentence of court
martial and where did he get that authority Is it not
derived from Congress and mag not the same power
which grants that authority exercise it in conformity
the constitution The sentence cannot take effect
less approved by the President but when he approves IT,
it becomes part of the law Of the land Now the money
appropriated by Congress for the pay of this officer
withheld by the sentence and remains in the treasury
When the President remittcd part of the sentence he
reitted all he could for his power could not retroact
aud he could not take the money of the treasury that
had been withheld. This, then, il the ground upon
which Congress is called to act merely to supply de
fcency in the power Of the President He also alluded
to the gallant services of Com Jones.
Mr.. STUART under the impression that a pardon
remitted the entire sentence and left the il the
sentence had been passed IT, then, the President
had seen fit to pardon the memoriast, he could have
gone the treasury and demanded his money Since the
President did not do this he thought Congress ought not
to interfere
The hour having arrived for the consideration of the
special order the further consideration the bill was
postponed until tomorrow.
KAxsas.
The Senate then resumed the consideration of the
bill for the admission of the State Kansas into the
Union
Mr. HAMMOND remarked that he understood the sen
ator from Illinois to declare that there but point
upon which he opposed the Lecompton constitution and
and that because he not satisfied that it inn
bodied the will of the people.
Mr. DOUGLAS said that that not exactly his posi-
ton. He thought there other irregularities, but he
would waive them If he could be satisfied that the
stitution imbodied the will of the people