The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-07-31
PROCEEDINGS IN CONGRESS.
THIRTY-sEVENTR CONGRESS-.
EXTRA SESSION.
senate.
WASHINGTON, July 80, 1861.

WAliN1ioN, july 3o lool'
ArrRoyAI OF TlrE PRESIDENTS Acrs.
The joint resolution approving the of the President
was taken up.
Mr. PeARcE, (epp) of Nd. said he could not permit SO
important resolution to pass without expressing his
opinion. He said he had been one Of those who con
sdefed important TO preserve the Union integrity:
and was very important TO the State OF Maryland,
both from her geographical position and interest, even
II there were no patriotism there; and that feeling
in tho State IS prevalent to-day; yet he though,
that State had been subjected 30 a position Of OPP.
preston. He was not willing to sanction acts viola
tive of tho principles of civil liberty Ho referred
to and spoke at some length the sancy right of the
writ of habeas corpus and o the struggles Of England 10
that right Many persons had been arrested in his
state with warrant OF law but on the Intimate ION of
base and unprlnclpied scuunIrVs, crafty private
maigniy on loyal AMI respectable niv duais. The prov
sun OF hahca5 corpus put the cOust tuition as a
special safeguard against tyranny He contccd that the
President had TO authority suspend the writ of habcas
corp that power Vas confined 10 Congress II th Mica
oil necessity IL made IN this case, the plea will be
nude IN other cas.s Of VOCATION OF the constitution
There Is no possibility Of another en,c@e at batti-
more. No mIn regretted moe than himself The acts
Oh The l9h OF April The govorn'nt might as well
MT Suppress the State government o. Mafyl and MS
t. FaMfe.s "a" Police which was state institution The
state Vi MAJ y.and las always been loyal state.
The resolution Was postponed until to morrow
TIE TARIFF HlL PAs-fp
The TarH bill was then taken up AID passed by the fol
p YnAsssssra FAn,hony E2kcr Clark, coy.mer cowsn
nsr Ten Eyes, Wilkinson, wilmoi, Wilson, q. ''
ca,nrc s!nss s yaS re- 1s Brownns
s g OF No hennsy Lane % ksnsss lsham peac, Polk
SUPPRESSION or RESURRECTION.
On motion Of Mr. rrumbul, (rep) Of ILL.,, the bill to
suppress instruction taken up.
ar INT uBCfL saitfhe Ob,ect Of this bill is 10 confer
certain owe on the military Auilu es ia eases o! IN
sueclon and rebellion, and to r,gHie rs lar pract
cab by law the exc Csc of such powers; provide for
pihs down ths rebellion III constitutional ana legal
manner Tie reb 1on having arisen during the recess
OF tonsrcss imposed on the resilient who is sworn to
preserve, protect and defend the constitution whose
deity Il ~ 10 see that the laws faithfully executed the
necessity OF cSItg his whole Constitutional power to
preserve the from overthrow and the govern.
meat from tes ctou. II may be that the exercise of
tins high duty ihe President has authority and
done acts which no positive law directly authorized,
sty to preserve the constitution and the
government from destruction iii Congress coud be cen
vened and act not only not Forbidden but proper and
right on tr great pcpe of sell defence and sell pre-
sefvaoh nn prepared to justify the administration for
All II as Gone 10 save the rep hny ON blow which
wicked rcbeis were aiming ut its vely lite, which
un'ss wardsd on might have h, fatal its existence
In suti ease care not whether find III strict law
the precise for what has been done The great
law OF self rcse walton overidea all uthfs and such
Il tmo It Is croSgh for me that the aminstfatio has
actod IN good faith iof the safety of The State, without
necessary encioacbm, nts the rights the citizeR
When Cong meets 1t becomes its bounn duty to cuthc
the Executive with ali the powers the
sofcfinen ifN overthrow. There longer
for tn, President TO me authority not granted when
Congress is in session. with power grant needed au-
thdty Tue constitution makes ample provision for ITS
own MANI nance, ana Tins rebellion be put down
pursuance 81 the constitution Among other things that
instrument declares that Congress shall have power to
secare war, to make rios concerning captures on land
ami water, to raise and support armies, and make rules
for their government TO provide for calling forth the
militia to execute the laws OF the onion AMI suppress in
ect"p, and 10 make all laws Necessary for carrying
into execution these powers. The also ai.
thorzcs suspension OF the writ Of habeas corpus in
cases of rebellion or invasion, whichever the pubic
safety requires il. When war is dccnJrd or tho militia
called forth execute the laws the Gnion or To sup
press an nsurrecon, whatever is necessary accom-
pish the j.st ends OF the war o. calling forth the
militia may he lawfully done With the declaration Of
Or the calling forth the militia execute the laws or
10 suppress nsrrccon aft the ncicuts war aud hog
tiltics necessarily and lawfully follow. How far II is tie
css-aiy TO list The persons Of enemies Rebels,
ravagc and lay waste their country must de,end unon
the necessities Of the CASE, To be judged OF by the political
and not TIE idcs powers Of the government The gov
crn'nrnt Is 10 Gccic when that which amounts TO rebel
non exists and Interfere TO suppress 1t with all tho
dents sch intsrf The Supreme Court Of The
Upe states expressly says, in the Luther against
Grdn Howard, IS, "Unl1estionaby, State may use
us military power to put down an armed nsurrcctn
strong to be- controlled by tHe civil authority The
power essential TO the existence Of every government
and essential to the preservation Of order and Tree
tutions."
NJ. CARIHK, Union) of Va, moved 10 strike on, the
eighth section winch provid that the military comman
der cause suspected 10 be brought him and
administer the oath Of allegiance and his refusal TO
take tie OATH b. may detan han prisoner. He said
great inquiry Non were DISPOSED to aid this effort ~ over
til ow the government ana pay to the oath
lie was free To say il he shouii be info ~ be
taken prisoner by The enemies Of his contry and could
only preserve his life by taking he oath, and if he be-
leved it his duty 70 his country and family
the oath as binding Oh isation, morally or lie
gaiy. He contened that the President is justified
in what he has done IN sspending the writ Of babeas
corpus. II rebellion to throw republican ust
utons 70 preserve any peslar institution. In regard
g arrest, e sad there were day many OF the best
citizens Of Western Virginia imprisoned in as and held
by scctssionists 1t was important that the government
should 10 something to remedy this gfcat evil.
The TAX BILL.
message from the House announcing the passage Of
the Tax bill, and the resolution to adjourn Friday,
received.
The TAX bill was taken up and referred to the Com
miltee Oh Finance.
SUPPRESSION or IYsrRREcrroN
Mr.. McDouGAL, opp OF Cal, spoke at some length.
He concnded that the President perfectly justified
in all he had done. in time of war necessity compels
to do many things which right and proper, and we
mus, make the war cover the case, and have the
settled once for AL.
Mr. CowAx, rep) of Pa. thought it was not necessary
40 make new law for the military commander. The
enemies Of the country have rights the law Of
the country, they have cut themselves OF from all
right. The military COMMANDER has but to carry out the
laws of the country they Rebels have right to
claim the b1neht Of the writ Of habcas corpus He
opposed to the Dill
Nc. BAYARp moved to postpone it TIL tomorrow.
Mr. fsE>DES sara II II was postponed at all he hoped
it would he indefinitely.
Mr. BREcKSmDGE, opp of KY, said he thought that
the best Plan lie thought u contained the most afro
cOus provisions which have been resisted by free pco-
pie. He thought the introduction OF such bill to the
American Senate WAS mo@ gloomy commentary on the
degenerate state Of the country.
Mr. CLARK rcp) of n. H., moved to lay the bill on the
table. Lost.
Mr. TRuMBrLI moved to amend the motion to postpone
to make 1t the special order After further dis
cusson the bill was postponed until tomorrow, and made
the special order for one O'Clock.
message received from the House that they had
disagreed to the amendment TO the Tariff bl and asked
Committee OF Conference.
A Committee Of Conference was appointed.
HON-CAsED WAR sfE-,NERs.
Mr.. HAZE, (rep} Of y. H.. made report from the
Committee of Conference the bill provide for iron
clad steamers. long discussion ensued agreeing to
the report in regard the amendment include ships
vet completed having reference 10 Stevens battery
On the question there found TO be no quorum.
Adjourned.
House of Representatives.
WASHINGTON July 80 1861.
THE MILITARY ACADEMY
Mr. DIN, (rep) Of y. y from the Military Committee
reported bill adding the West Point cadets number
equal that Of Senator's and representatives. be Sc
Jcn or