Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-12-11
THIRTY.sEvENTH CONGRESS-.
CHAS. WILKES.
First Session.

WASHINGTON, December III.
SENATE. -Messrs. Fessenden and Sumner pre-.
aented petitions for the emancipation of slaves
under the war power.
Mr.. Foote offered q resolution that Waldo P
johnson, by sympsthizing with and participating
10 the rebellion against the United States, has
been guilty OF conduct incompatible with his
duty as Senator of the United States, and that
he be therefore expelled from the Senate of the
United States. Laid over.
Mr.. Harlan introduced bill to authorizs the
President to acquire territory for the settlement
of free persons of African descent. Referred 10
the committee on Public Lands.
Mr.. Wilson introduced bill for the reorgan.
ization of the Medical Department Of the
army. Referred to the committee on Military
Affairs.
Mr.. Hale called up the resolution offered yes
terday, that the committee on the Judiciary be
instructed to inquire into the expediency oI
abolishing the present judicial system of the
United States, and establishing another in pur.
suance with the Constitution.
Agreed to.
MIR. Nesmith introduced bill to provide fol
the protection of overland emigrants to Cali
fornia and Oregon.
Referred to the committee on Territories.
Mr. Chandler announced the death of Senate
Bingham, from Michigan. After tribute t,
the memory of his deceased colleague, Mr.
Chandler offered the customary resolution tha
the Senate go into mourning thirty days and Il
adjourn.
Messrs. King, Clark and Sumner spoke il
feeling terms of the deceased.
The resolution was agreed to, and the Senate
adjourned.
HoUsE.-Rosco Conkling offered resolution
which was adopted, requesting the Attorney.
General to report his views as to the means of
obtaining retrocession OF that part of Vir-
ginia formerly belonging to the District of Co
lumbia.
Mr.. Potter, from the committee on Public
Lands, reported bill providing homesteads:to
actual settlers and of providing bounty for
soldiers, in lieu of grants of public lands. He
explained that the homestead feature of this
bill was heretofore passed, but there is an ad.
dition that all soldiers, marines and seamen
shall be entitled to the provisions Of this act-
Il also contains section giving bounty of $50
to the three months volunteers.
The House concurred in the Senate resolution
for joint committee to enquire into the con.
duct of the present war, with power to send for
persons and papers.
Mr. Pendleton moved that the memorial of
uAoonk5' AAOW OhituOAA uuu 6hNlbl Uo EolofEeu
back TO the committee on the Judiciary, with
instructions declaring that Congress alone has
the power, under the Constitution, to suspend
the writ Of habeas corpus; that the exercise OF
the power by another department of the Govern
ment is an usurpation and dangerous to public
liberty; that the persons above named be de.
,livered to the Marshal to the end that they may
be indicted, with the right ofa speedy trial, IL
there be probable cause for such proceedings =
He spoke at come length on this subject, saying
that those gentlemen were members of the
Board of Police of Baltimore, and on the let Of
July last, in the dead hour of night, were arrest
cd by order Of the military authorities, and,
without charges being preferred against them,
conveyed as prisoners TO Fort McHenry They
ask that Congress may examine into the ques.
tion, or that they may be heard before Judi
cial tribune, and yet his (Mr. Pendleton's) col.
leagues on the committee on the Judiciary,
could find no more fitting response to the mem
orial than that 1t should lay unread on the
table. The question here presented was as to
the legality OF their present punishment, which
he denied @s
Mr.. Bingham said his colleagues position
was that Congress alone can suspend the writ,
while conceding that the time has come for it,
suspension. When rebellion lifted up its head
over large portion Of this Republic, and es.
sayed to shake down the pillars of the Consti
tuition and drench the land In fraternal blood it
was no time to be splitting hairs whether Con
gress or che President should first exercise the
power. Did his colleague contemplate q gen
eral jail delivery, or wish to con6ne his sympa'
thies to tho rebels and conspirators OF the city
OF Baltimore1 Had he no sympathy for those
confined In the old Capitol2 Why should they
not also be dischargedl Assuming his col
leagues position to be right, his colleague wal
dlrelict in duty in not moving suspension o
the writ, In accordance with the oath he hat
taken 10 sustain, protect and defend the Consti
tuition. The laws are to be executed, and mol
only executed by force, but by the sword ,agains
the powers Of the rebellion. II did not lie II
the months OF the memorialists TO claim thu
benefit Of the Constitution, every provision O
which they have trampled under foot
On motion Of Mr.. Bingham, the whole sub
ject was tabled-yeas ll8. nays Sc.
A message was received from the Senate an
nounclng the death Of Senator Bingham o
M ich. s.vsCa E& 8AEg
Eulogies were delivered by Messrs. Boa
man. Trowbridge, and Granger, Of Michigan
Mr.. Ashley of Ohio, and Mr.. sedgwick OF Nev
York.
The usual resolutions Of respess were passed
sfter which the House adjourned. = \