, 1861-12-11
xXXVIth CONGRESS- FIRST SESSION,
~ : .
TsEMeToE. December 16, 1851.
SENATE.


sented petitions for the emancipation Of slaves
under the war poWet.:
hi. FOOT Of Vermont offered resolution
that Waldo P, johnson, by sgmpathiziug
with and participating in the rebellion against
the United States, has been gniitty Of conduct
incompatible with his duties as Senator Of the
United States, and that he he therefore ex-
PEELED from the Seuate Of the United States.
Laid over.
Mr. HARLAN Of Iowa introduced bill to
authorize the President to acquire territory
for the settlement Of free persons of African
descent. Referred to the Committee on Pub
lie Lands. -.
Mr. WILSON OF massachusetts introduced a
bill for the reorganization Of the Medical De-
partment Of theAsmy. Referred TO Commit
tee On Military Aaairs.
Mr. HALE Of New Hampshire called up the
resolution offered yesterday that the Commit
tee on judiciary be instructed to inquire into
the expedieney of abolishing the present Ju-
dicial system Of the United States, and estab-
fishing another in pursuance with the Consti
Mr. NESM1TH of Oregon introduced a bill
to provide for the protection Of overland emi-
grants to California and Oregon Referred to
the Committee on Territories.
Mr.. CHANDLER OF Mich. announced tile
death Of Senator RrsanAa, from Mich, and
colleague, Mr. Chandler offered the custom
arg resolution that the Senate go into mourn
ing thirty days, and to adjourn.
MessrE. KING, CLARK, and SUMNER
spoke in feeling terms Of the deceased.
The resolution was agreed to, and the Sen
HOUSE OF REPRESENTATIVES,.
Mr.. ROSCOE CONKLING Of New York Of
fercd :. resolution, which WIS adopted, re-
questing the Attorney General to report Ills
views as to tile means Of obtaining Fetroces-
| sion OF that part Of Virginia formerly belong
| ing to the District Of Columbia.
| Mr. POTTER Of Wisconsin, from the Com
D1ittee on Public Lands, reported a bill pro-
| yidiDg homestead5 to actual settlers, and pro-
| yiding bounty for soldiers in lieu Of grants
! Of public lands He explained that the home
| atead feature Of this bin was heretofore passed,
hut there is an addition that al soldiers, ma
rincs and seamen shall be entitled to the pro-
| visions Of this act. 1t also contains q section
| giving q bounty Of $50 to the three months
| volunteers.
The House concurred in the Senate resolu-
| tion for joint committee to inquire into tile
conduct Of the present war, with power to
/ send for persons and papers.
Mr.. PENDLET0N Of Ohio moved that the
| memorial Of Messrs. Howard, GatcLe1l and
I Davis, Baltimore Police Commissioners, be
referred back to the Committee Oh the Judi
| dietary, with Instructions declaring that Con.
gEcss alone has the power under the Constitu.
tion to suspend the writ of habeas corpus
that the eNcrcise>of the power by another de-
partmcnt Of the Government Is a usurpation
and dangerous to public liberty; TINT the per
sons aboye-namea be delivered to the Mar
& t9 te ts & hsra be naG5eS ps asabs wl
cause for such proceedings. He spoke al
come length On tic subject, saying That thost
gentlemen were members Of the Board Of Po
lice Of Baltimore, and on the lst of July last
| order Of the military authorities, and, withou
charges being preferred ngninst them, con
veyed as prisoners to Fort McHenry. The,
ask that Congress may examine into the queE
tion, or that they may be heard before judi
cial tribunal; and Jet bis colleague tMr; Bingg
ham, } On the Committee on the Judiciary
could find no more fitting response to til
memorial than that it should my unread O.
the table. The question here presented 7sa
. which be denied.
AIr. BINGHAM Of Ohio said his colleague
position was that Congress alone can suspen
the witt, while conceding that the time ha
come for its suspension When rebellion ln
ed up its head over large portion Of this Rt
public aud essayed to sllakc down the pillal
Of the Constitution and drench the land
fTatcrnal blood, it was no time to be spIttin
hairs as to whether Congress or the Prcsider
should first exercise tho power. Did his co
| league contemplate general Jail delivery
or wish to contlnc lis sy1npathics to the rebe
| and conspirators Of the city Of Baltimore
: | daQ nc no s}npatny 1oE tnose connHeQ III II
old Capitol? Why should they net ais
be discharged? Assuming his colleague
| position to be right, bis colleague #:
, | dereliet in duty in not moving su
pension Of the writ, In accordance vii
/ the oath he had taken to maintain, protect NJ
defend the Constitution The laws are to be c
5 eeuted, md not only executed by force, but I
: the sword against the power Of rebellion:
did not lie il the mouths of the memorials
| to claim the benefit Of the Constitution, eve
l provision Of which they have trampled und
3 foot. On motion Of Mr. Bingham the who
subject was tabled, los against Sc.
4 message was received from the Scna
announcing the death Of Senator Bingham
: Michigan. Eulogies we're delivered by Messl
BEAAfAN, TROWBRIDGE, and GRANGE]
of Michigan, Mr. ASHLEY of Ohio, and b
SEDGWICK Of New York. The resolution
0 Of respect were passed, after which the Hou