The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-08-05
TIllRTE,SEVRNTH CONGRESS-. SPECIAL SESSION.
WAsHlNGroN, August 3, 1861.
IL ATE

oy joint resolution of the two houses Adopted
Mr.. HuMNER submitted a memorial, from tn
c'uzsns OF Marlboro, Mass. that Congress use al
aVat'aole means to put down the present rebellion
Mr. kENNEDY submitted the following preamble
ana resolutions from the State Legislature of Mary
land:
WHEREAS, Ross Winans, member of the House n
Delegates of MARYLAND from the CITY Of Ralmore ~ HI
way 10 M me from the discharge his official duties
on the l4tt Of hay last arbitrarily and illegally ar
rested on public highway in the presence of the Gov
eho vi the STATE by armed force under the orders
I am5 eugrai government and was forcibly imprisoned
anu heiu In custody thereafter, Annap5lis and Fort
hchenry without color of lawful process or right by
command and at the arbitrary will and pleasure of tn,
President of the United States and
~ reGs Sundry other citizens Maryland have been
una|'uy dealt with, in the despotic and oppres
slVe manner by the usurped authority and SOM
OF tem have in fact been removed by force beyond thf
limits of the State of Maryland and Tbe inrisGcion ~
her tribunals IN utter violation of their rights as c
zsnS and o. the rights of the State as member o, the
Federal Union; and " ~
WheredS the unconstitutional and arbitrary procepd
gs OF the Federal Executive have been confined to
the violation OF the personal rights and liberties of the
czens OF hary'nd but have been extended into every
department ot oppressive llegaty, that the property
OF no man is SAFE the sanctity dwelling is respected
exists; and, -e
WhereoS The Senate and House of Delegates of MARY
and recognizing the obligation of the State as far as
IN hef lies to protect and defend her people against
uSurped and arbitrary power-however difficult the full.
hilment Of that high obligation may be rendered bv ds
astous it due her dignity and in
should not record the overthrow
=, PUBIC eeGou' Tor an instant within her borders,
without recording, k wise the indignation expressed Of
and remonStrance now, therefore, be
heSocc0 That the Senate and House Delegates of
Sayand in the name and behalf Of the good people
OF e state d" accordingly regis this their earnest
ana unquahed protest ainS the oppressive and ty-
rannca assertion and exercise of military jurisdiction
within the limits of Maryland the persons pro
pery her citizens by the Government of the Tinted
States and do soemny declare same to subvers
OF the most sacred guarantees of the Constitution and in
hasrant violation of the fundamental and most
ff Arne ripau
ReSotred fdrther That these resolutions Communi-
Gated to the Hon James Alfred Pesrce the Hon An
thony Kennedy, Senators of Maryland in the Senate of
Use United States with the request that they present the
same to the Senate to be recorded among proceed
Ings in vindcaon of the right and in perpetual mem
DRY " te solemn remonStance of this Stat against the
manifold usurpatons and expressions of the Federal
Government.
Mr.. WILKINSON, (Min., objected to the reception
OF the memorial, and hoped it would be returned to
the Legislature Of Maryland, on the ground that it
was disrespecttul to the Senate
Mr.. KENNEDY hoped the Senate would pursue no
such course. He stated that MARYLAND was vet
loyal to the Constitution and the Government that
the protest was couched in respectful terms and was
intended as a rem0nStrance against the unjust and
undue exercise OF Federal power in the State of
Maryland.
Mr.. MORRILL,, of Maine, objected to the printing
oil the document, its allusOns to the Federal Ex-
eeutive were not respectful, neither were they to
the Senate. He said the document did not contain
the signature OF the Governor, and contained no
more authority than did the proceedings Of any
body OF men or OF an ordinary convention.
MIR. WILKINSON said it was not respectful either
to the President or the Government, and was false
In every particular; and that it was a faIsehood
was well known to the Senator from Maryland
tMr Kennedy who presented it; that the rights
and property of the people were safe.
Mr. KENNEDY said he did not feel disposed to
vindicase the whole measure of the Legislature o
bis State; that the memorial had been entrusted
to hin as the agent of the Legislature and he only
performed bis duty when he asked that it might be
received and printed. He stated that private
dwellings were every day violated, and persons
arrested without any warrant whatever. He did
not stand here to vindCate or defend the Legisla-
ture OF Maryland; that body able to take care
of ITSELF but he did not hesitate to state his belief
that gross usurpations had been made by the Fede-
raj authorities in Maryland.
He knew OF an instance Of conservative Union
mao who had been arrested, probably on the charge
OF some person who bore malignant feeling TO-
wards him. He said the Senate ought to be care
ful how they acted in such mntters as that now be-
fore them, that those like himself, who were now
standing between the Union and the rushing tide
OF secession might not be borne down by the tide of
popular indignatiOn and the hope of restoring the
State to the Union be finally destroyed
Mr.. HALE, of New Hampshire, said in relation
to the remarks of the Senator from Maine (Mr.
Morrill) that If this memorial was not received il
would be the first time ever such thing occurred
that 1t was the duty of the Senate to receive the
petition, although it obnoxious. On the
matter 0f legal form, the point which was raised
by the Senator from Maine, he said that perhaps
the signature of the Governor of MARYLAND was
not necessary to render An act valid Ii there was
one thing that identified the name of John Quincy
Adams in the history Of Inc country more than
another, it that, while in the declining years
of his life, he stood in the Senate chamber and
strave earnestly for the great right of petition.
4 = of those who sided with him in politi-
is,.f9iS|s t00e careful how they ufriDged ON this
right. lie asked when power ever petition
ed by subject that the petition not, il il con-
tanned bold language, designated as disrespectfu.
II would, he said, be dangerous step to refuse to
allow this right. He said he remembered a case
from the State of Vermont which the majority de-
signated as insulting to the Senate but John C.
Calhoun had asserted on that occasion that it was
due to the dignity OF sovereign State that the
memorial be received, and it was received
He did not, he said, stand here to apologize
for defend the State of MARYLAND; that
the Senator from Maryland was much more
capable Of doing so than be himself was, but
he was there 10 speak for the right of petition.
He wished the Legislature to speak what they en-
tertaned. Let it be designated as insult or other
wise he admired their spirit Of Independence If
they did not utter their honest thoughts they
would be slaves. He was grateful to hear auy
State speak fearlessly the opinion which it held
This petition, he said acceptable than
one couched in honied terms, and cringingly
shrinked from a responsibility.
Mr. WILKINsoN said it was no time for stump
they wanted g biting not talking men,
that Join Quincy Adams never defended the right
of petition under the circumstances as those
that now surrounded them; that the Confederate te
army achieved its successes over the Federal arms
by reason of just such remarks those uttered by
tbs Senator from New Hampshire (Mr. Hae.)
Mr.. CLARK, of New Hampshire, said he would
not consume time in talking, but that be had ex-
amined the document aud deemed it unofficial, as
it did EOt contain the seal of the State the sig
nature of the Governor.
Mr.. MORRILL, said the memorial, in its entire
scope, was made up of iaiseboods.
MIR. kESNEDY said that his colleague (Mr. Pesrce)
was more fully entrusted with and possessed more
knowledge of the petition than he himself did. and
as be Mr.. Pearoe) had just made his appearance on
the floor, he would leave him to reply to the
tions of the Senators.
Mr.. ANTHONY, of Rhode Island. said that he did
not doubt that the statements of the memorial were
mainly fase but that, inasmuch as it had been pre-
sented by the Senator from Maryland, the Senate
ought not to question its authenticity.
Mr.. TRUMBULL said be agreed in the remarks OF
the Senator from New Hampshire (bIr Hale), and
the petition ought to be received il not deemed in
sultiDg to the Senate.
Mr.. BAYARD in few pertinent remarks defended
the right of petition, and hoped the Senate would
order it to be printed.
Mr.. PEARCE, Of Maryland, said he had received
the memorial two days ago, and was unable to
offer it because of indispostion The people of Ma
ry land he said, did not consider the signature of
the Governor of any moment; that bill passing
both Houses became a law without his signature.
That the Legislature intended to insult the Senate
was misconception; but that the Senate, bv re-
fusing to receive the memorial insulted the State
of Maryland; the insult entirely the other
way; and that such insults could not be continued
with impunity; they would naturally sever the
union which now exists between Maryland and the
other Federal States. 1t was immaterial to him
whether the Senate accepted the bill not; it
still the sentiments of the Legisa of Maryland
Mr.. HOWE, OF Wisconsin, objected to the bill being
r.pEa he dc s. h,h A.
Mr. BAYARD, of Delaware, replied, arguing the JUS
tice of the proposition to print.
Mr.. FEssENDEN favored the proposition to print
and said in exteDuation that they had no prece-
dents of refusal to do
Upon the vote being taken by acclamati tion, there
was large majority in favor of accepting and
printing the memorial
Mr.. WILSON Mass J, from the Committee on
Military Affairs, reported the House BILL providing
for the monthly payment of troops with the re-
commendation that it do not pass. Report con-
Cured in.
Mr. KING IN. " submitted resolution that
the Secretary of War be empowered to pay the
troops monthly when practicable, expressing a
desire not to trammel the action of the Depart
ment by the intervention of any law. Passed.
On motion of Mr.. FEssENDEN the Senate took up
the House resolution, fixing the time of ad diourn-
ment.
Mr.. SIMMoNs moved that it be so smended as to
enable both Houses to adjourn at Il o'clock On
Tuesday, August 9Th. Agreed to.
Mr.. MORRILL, moved the consideration of an act
amendatory to an act entitled, can act to protect
conm9rce and prevent piracy" Passed.
Mr.. TRUMBULL, from the Committee the Judi
ciary, reported bill in relation to the District At
torney of the Southern District of New York
Passed.
Mr.. TRUMBULL reported from the same commit
tee bill in relation to the Judicial Districts of
Missouri and Kentucky, with a recoDme ndaton
that it be postponed until the first Monday of De-
cember next
The report was debated and pending the VOTE on
motion of Mr. LANE, of Kansas, the Senate went
into Executive session.