The national Republican., 1861-07-31
SEVENTH CONGRESS,
FIRST SESSION.
Tuesday, July 30, 1861.
SENATE.


Mr.. RICE offered the following resolution
Resolved, That the extra public documents
in the possession Of, or ordered by, the Senate
be equally distributed among the members of
the present Senate.
The resolution was laid on the table.
Mr.. WILSON submitted the following reso
luton, which was referred to the Committee on
Printing:
ResclUed, That there be printed for the use
Of the Senate, 1000 extra copies, each, Of the
act approved July ~, 1861, authorizing the
employment Of volunteers, &C., and the act ap.
proved July 26, 1861, in addition thereto and
Of the act increasing the army, and the act for
the better organization Of the military estab.
lishment.
On motion of Mr.. WILSON, the Senate re.
sumed the consideration Of joint resolution to
legalize certain acts Of the President.
Mr.. PEARCE opposed the resolution, con-
demning the acts of the President principally,
in suspending the writ Of habeas corpus, and
the blockade of the Southern ports.
On motion, the resolution was postponed
until tomorrow.
On motion of Mr.. FEssENDEN, the Senate
took up the tariff bill, and passed it the vote
resulting as follows:
YeaseMessrs. Anthony Baker, Clark, Col.
lamer, Cowan, Dixon, Doolittle, Fessenden,
Foot, Foster, Howe, King, Lane Qnd.),
McDougall, Morrill,, Pomeroy, Wilmot, Will
son-22.
Nays-Messrs. Bayard, Breckenridge, Bright,
Browning, Carlile, Grimes, Harlan, Harris,
johnson Of Tenn, johnson Of Mo-, Kennedy,
Latham, Pearce, Polk, Powell, Rice, Sauls.
bury, Trumbull-ls.
Mr.. TRUMBULL moved that all prior or.
ders be dispensed WITH and the Senate proceed
to consider Senate bill No. 33, to suppress in.
surrection and sedition, and for other purposes.
Agreed to.
Mr.. TRUMBULL believed the bill to be the
most important one that had been brought be-
fore the Senate this session. In explaining the
bill, he said he was for standing by the Con-
sttution Of the United States, and for putting
down this rebellion in q legal way. He would
not yield to the Senator from Kentucky upon
his views of that Constitution he would not
wink at its violation. he believed that instru.
petual; he believed it contained all the power
necessary to suppress even this gigantic rebel.
lion. The object of this bill is to confer the
necessary power on the military authorities, in
case Of an iusurrection or rebellion, to suppress
the same, and to regulate, as far as practicable,
BIZ law, the exercise of these powers. The OBJ
ject Of the bill is to provide for putting down
rebellion in constitutional and legal manner.
Now, this present insurrection broke out during
recess of Congress, and the President was
compelled to provide, as best he could, for the
preservation of the Government before Con.
gress should convene. 1t was the duty of the
President, sworn to take care that the laws be
faithfully executed, to use all his constitutional
powers to preserve the Constitution and the
Government from traitors and rebels and in
doing this, he would admit to the Senators who
had denounced the President for the acts which
he has done, and who may have the full benefit
of the admission, that the Executive has been
compelled to do acts for which it may be diff
cult to find, in the strict letter Of the law, the
authority. He was willing to ratify all the past
acts of the President; but now, as Congress is
in session, he was willing to clothe the Execu.
tive with such power as is necessary for the
suppression of this rebellion and the object
ofthe bill is to give the President such authority.
He thought there was sufficient warrant in the
Constitution for the bill, and he would justify
the President in the exercise Of the authority
which he has used, upon the great principle as
was said the other day by his colleague Of self
defence. Here was a rebellion aiming at the
overthrow of the Government; a blow was about
to be struck at the heart and life of the Republic,
and unless warded off, it would have destroyed
the Government; and, under such circum-
stances, he justified and sustained the Govern.
menti doing whatever was necessary to preserve
it until Congress should assemble. By reference
to the Constitution, it will be found that various
powers are conferred upon Congress to use in
cases of exigencies. Under these grants of
power he claimed the authority Of the bill now
under consideration. By these powers he de.
rived the authority of the bill in question, when
authority is given to declare war, and when
authority is given to call forth militia to en-.
force the laws of the Union, and to put down
insurrection, and all the incidents necessary
He spoke at some length upon the bill, urging
its passage.
Mr.. CARLILE moved to strike out the eighth
section, which provides for military com.
mander, before whom suspected disloyal per
sons shall be brought, and an oath Of allegiance
administered to such persons; and upon their
refusal to take the oath, to be detained as
prisoners.
he said, in giving such great power to q
military commander, it might tend 10 do great
injury. Men disposed to aid in an fort to
overthrow the Government, would pay at.
tention to the oath He was free to say, if he
should be so unfortunate as to be taken as q
prisoner by those who arc now attempting to
overthrow the Government, and if he could
preserve his life by taking an oath of allegiance
to their Government, and if he believed it a
duty to his family and his country to preserve
his life, then he should not regard such an oath
as binding obligation upon him, either morally
or legally. He contended that the President
was justified in what he has done in suspending
the writ of habeas corpus. 1t is the intention
of this rebellion to overthrow our republican in
stitutions, not to preserve any peculiar institu.
tion of their own. In regard to certain arrests
made by this Government, he said many Of the
best citizens of Western Virginia were this day
imprisoned in Jail by the secessonists.
A message was received from the House on.
nouncing the passage of tax bill and joint