The New York herald., 1861-12-06
PROCEEDINGS OF CONGRESS.
THIRTY-SEVENTH CONGRESS.
FIRST SESSION.
Senate.

WASHINGTON, Dec. S, 1861.
ANOTHER VOTE FOR THE EXPULSION BREcKINglDGE
NM RIoE opp of MIMI, asked permission to record his
voto the expulsion of Mr. Breckenridge as he was all
cent yesterday.
This was granted, and Nfr. Rice voted "yea."
EXTRA COPIES OF AND DOCUMENTS
Mr.. SUMNER, (rcp) Of Mass, offered resolution to
print ten thousand extra copies the Presidents Mes
Gage and accompanying documents. Referred to the
Committee on Printing.
THE EMANCIPATION QUESTION.
Mr. SUMNER presented petition from citizens Of Haver
hin Massachusetts, that the rebels be liberated
Internationally and the slaves OF Union on fair pay
ment.
INQUIRY INTO THE DISASTERS Run AND RAILS pturF
Mr. CHANDLER. (rep) Of Mich, offered resolution to
npont committee OF three inquire into tue disasters
Of Bull run and Edwards Ferry
Mr. LANE, trep) Of Kansas, moved to amend by insert
tpg also ''Springleld Wilson'S creek and lexington
Mr.. CHANDLER hoped the resolution would not be
amended.
Mr. LANE said that the entitled to honor had
been punished at Wilson'S creek He pcished, and
sacrificed because he not relieved when could have
BEEN The people want 70 know why The gallant General
Lyon was sacrificed. They want to know why regiments
were sent to Cairo instead Of to his relief why
array movcdat snails pace to reinforce Col Mulgan
Lexington The people want TO knew the OF those
who permitted these things; and in his ano 81 opinion
they would not have to look FAR for the who permit
ted the sacrifice Of General Lyon.
Mr. IGne's amendment was disagreed to-
Mr. GRIMES, (rep) Of Iowa, offered substitute to ap.
throe members OF the House, to investigate the OF
the disasters TO our arms.
on motion Of Mr.. FEsEsDES, (rep OF Me-, the subject
was postponed.
Suffers.
Mr.. WILSON, (rcp) Of Mass gave notice that he should
TIE CASE OF coIoyEi MILES.
Mr. GRiEs moved TO take up the resolution to invcst
gate the OF Colonel Miles. lie said that of
inquiry had found that Colonel Miles intoxicated
apply epihets to him, but not enough to remove him
from command. He wanted all the facts of the to
50 to the fcople
The resolution was agreed TO.
uR. rRuMDULLs coSFiscArIoS
Mr.. TRUMBULI, (rep) OF ILL., introduced his bill for
6scatng the property and giving tree iom to tho slaves Of
rebels He said-In presenting this bill to tho con
sidcraon OF tho Senate desire to accompany It with
rks explanatory of its character and the prn-
cipes which it is based. As its title imports, it is q
bill for conscaing tho property and giving freedom to
the slaves of rebels 1t prov les for the absolute and
complete forfeiture forever to the United States Of
every species of property, real and personal, and
wheresoever situated within the United States, belong
ing to persons beyond the jurisdiction of the
United States, or beyond the reach Of civil process
in the ordinary mode Of judicial proceeding in
consequence Of the present rebellion, who, during
its existence shall take up against the United States
or in any wise aid abet the rebellion This forfeiture
TO enforced against property the rcbeous districts
through the mihary power and against property IN other
portions Of the United States IL which the judicial power
Is not obstructed by the rebellion through the courts,
and the proceeds OF the property Of each individual
seized and forfeited subject to the claims OF his loyal
creditors be held for tho benefit Of loyal citizens
Sood OF their property by the rebellion and 10 dcfray
the expenses incurred in its suppression The bill also
orfes tho claims Of all rebels and those who give them
hid and comfort, 10 the prisons they hold in slavery,
declares tc slaves thus forfeited free, and makes il the
duty Of the President 20 provide for the colonization Of
such of them may be willing to CO. in somo tropical
country, where they may have the protection Of the
government and be secured in all the rights and privi
eges Of freemen The property belonging to traitors
those giving them comfort who may BE- convicted by the
Judicial tribunals, is to be forfeited on their conviction,
the realty for life and the personal property forever
These are the main features OF the bill have intro
duced accompanied with the details necessary to
served that a distinction is made in the mode
of forfeiture Of rebel property in districts under
insurrccticnary control, and that which my be found in
districts within the reach Of the process OF law in its
ordinary forms. The forfeiture in the TO
DO cuiorcsd through tho military, and in tho
ter Of necessity for il would be impossible to enforce
the forfeiture through tho courts in districts where the
judicial power was by tho rebellion and
Impossible would in my judgment, be clearly uncons,i
tutiona enforce It any other way In districts where
property seized was within the reach Of legal process
So also in the OF conviction for treason the pro-
pery Of tho traitor within reach Of the court can only be
forfeited by the Courttho personally forever and the
real estate, under the constitution for life only Tho
power OF Congress to pass bill Of this character is, to
my mind unauestionahlc; bat DO not place i on the
ground which has been advanced In some quarters that
IN times OF rebellion the military IS superior to
the civil power or that in such times what persons may
choose 70 Call necessity s ngher ana aeoSe the
constitution. Necessity is the plea OF tyrants
and If our constitution ceases 80 operate tbs
moment person charged with its observance think:
there is necessity 10 vio ate it, II is Of little value. Sc
far from admitting the superiority Of the military ovo
the civil power in time Of war, or that there any
cosslty that should hold that under consi
tuition the military 10 as much subject the control
the civil power in war as in pcae. The powers Of go
vcrnmen under system three, of which the mill
tary not 1t is merely incident TO the others
subject to OF these, the legislative without who's
permission it can have cxsence and when called int
being by the action Of Congress ii is by the
expressly made subject t0 such r1'rs Congress shi
prescribe for It's governm Mt Whom, therefore, Of,
armies, TO raise and support which Congress has cxpr,s
authority TN Ter the corstiiut on, g. forth
insurrection, AID in dotg sh OF down rebels and jes
late their abo6es, as they coGsttGonay may ttoy