New-York daily tribune., 1862-04-30
XXXVIITH CONGRESS.
~- FIRST SESSION.
srNATE. .WAsa LNorON, Aptll p, IsC9.

cerning the enumeration Of slaves in the District,
and directing the 10 be transmitted TO the Com
Inissioners appointed by TIC President.
On motion Of Mr.. SUMNER Rep, Mass the
resolution was laid over.
Mr.. LATHAM Dem, Cali from the Military
Committee reported bill for buresu transportation
NY WILSON lRep., Mass.) from the Military
Committee reported a bill 10 create bureau Of
clothing; also bill 70 authorize a Medical Inspector
General and an Inspector TO dischar9e Soldleis iof
physcal disability. e.,
Sir. GRIMES introduced bill 70 provide, that
The School tax collected from the coored people or
the District be applied TO the education Oi tne
colored children. e..
On motion of Mr.. HALE, q resolution authorizing
the Secretary Of the Navy to discharge contractor
after fulfilling bis contract, was aI'eE some aus
cusson upon il, laid over. Mr.. Hale explained that
under the present law the Department can ca. FOR
larger amount Of work. be done at the ssfne price.
Mr.. WILSON rep, Mass.), introduced q bill TO
amend the bill Of last session conscalng slaves, so
IS TO include the wives and children Of siavee.
On motion of Mr.. POWELL Dem, ky.l, the
resolution calling the Secretary Of State Tor the
number and names of persons who have been ar
rested n the State OF Kentucky, and imprisoned in
forts, etc, of other States, was taken NJ.
Mr.. SUMNER Rep., Mass.), moved os substi-
tute that the President if not incompatible with the
public interest will give any information IN his
possession touching the arrest of persons in Ken
lucky since the let of September, 1861.
Mr.. POWELL hoped the substitute would not be
svsde the resolution.
Mr.. CLARK (Rep, y. H. asked if the Senator
wanted information If II waf incompatible Will tie
public interest,"
Mr.. POWELL Dem, Ky.l said it could not be
Mr.. SUMNER Rep Mass said the resolution Of
the Senator from Kentucky was peremrtoTy de-
msnd on the Secretary of State. Whatever the Sec
Tetary has done was done by Direction Of the Ples-
ident, VINO is entirely responsible lie was not will
ling 70 ask anything which was incompatible with
the public interest.
TIE morning hour expired and the rpecial order,
which was the Confscation BILL was taken M.
Mr.. COWAN rep, Pa moved that Tue lili. TO-
gether with all substitutes and amendments, aud all
Bills on the subject, be referred to Select Committee
Of seven.
Mr.. BROWNING rep, H. said if the passage
Of the bill tended 10 crush the rebellion and restore
peace, even then he should hesitate. But he bad
strong conviction it would tend to exactly opposite
results. When, in addition to that, ho believed its
passage would be gross violation OF tie Constiin-
<ion he could not hesitate TO his duty lie sad his
colleague complained that the bill misTepIerened.
If so, II is entirely owing TO the language, which
certainly makes q sweeViug cOufscstion He cou-
tended that Congress had 10 power 20 undertake 10
execute any law Of ccnis alton. The Executive
only has the power to carry such laws into effect.
We must refer to the law of LsiiOus 10 ascertain
what property be cOniiscsted, aId then The EX-
ecutive onlv can execute tie law. Tie laws Of
nations binding on this nation, and the obliga-
lion is expressly ACKNOWLEDGED in the Constitution
All eXigencies fully provided for IN the law oi
nations much better than by any legislation OF Con-
eress. No greater mistake was ever made than IN
euppoeing the Constitution ia any way hampers
crushing out the rebellion by the force of strong
blows It's passage could have no other effect than
60 exasperate side and compllcaie and embGrTass
the other Ii we keep within tDo limits OF the
Constitution. We have no r2ht TO orfss sncn a hili
and no possible advantage could result wlioh wolId
-gual tie evils which would aflse from tie ssA<iiOn
Of the great charter ol our liberties. lie had
labored to inform himBef what was best TO he
done for the interest of tue country II seemed 70
lin that only evil could result from any oelaItue
rom the Constitution. We must hrst ascertain
relation the Rebels are 20 sustain 70 ne during
.be war We cannot admit them 10 DC aien eG@
smies. That would be 70 admit tler
nnsf stand in one Of two other relations: first, a.
~;tzens in 90 Formidable rebellion az % reach the
dignity Of civil war in which they mue be recognized
as belgerents and public enemies while the war iests
and We must deal with them according tothe laws Of
war, with the riyht 20 resume aaiLoIty over Item
when the rebellion Is subdnedi or, second 70 trtai
shsn a. insurgent ci,Iz.Ds entitled 10 no DcIgerenl
rights but subject 10 immediate 0ullcl01 suo
execution for treason as fast - captured. We eau
not do this last. 1t would simply lead TO the indis
criminate slaughter Of prisoners on boil side All
admit that we must recognize them as bfihgeFen.s,
aHd entitled TO the rights Of war hie the rebellion
iasts. III we recognize then az beihgeIcms "hlIe
the war lasts We are bound 10 deal with them pre-
cisely as we would with foreign nation. Could
we pass any such bill this III regard 10 foreign
nation or could we execute II We did pass II I Tie
LoustitutOn declares that attaipder foE treason
shal work corruption of blood or iceilnre, except
during tte lite Of the person attslted Iet the Dill
teInpts to do that very thing, aud forfeit al prop
erty of Rebels Of every Kind forever. The prohi-
bition of the COnstitullon against forfeiture h
iroperatiye but the bill assumes the m0nstrOus
proposition that b. assuming guilt you may pun
an with severity which The Constitution
absolutely forbids When the oheuse Is proved and
sscertaiDed the bill provides for the pUuirhnent Of
treason by Congress, and the iDhctiOn of a puni.h-
nent ebsolniely loIhdds- ~ yonstituiion with
Oui trial or indictment, on the sole ground that the
retel Is beyond judicial process. HE colleague Mt
Trumbull said the bill provides forfeiture Is me
uunishment for crime hereafter 70 be committed,
where the person committing tue Oheuse cannot he
reached and the right 20 cOnrscste the properly 0i
the rebel or traitor attaches without any conviction
nj the offender" II Congress has tie right 20 con-
iscate for treason why not for murder larceny, or
other odense; and whsre does Congress gel
.be ri0bt 70 do this in respect 70 any Of
.fenss9 Can it be possible that we lavc
Uandered 80 far from the political faith Of onr faith
.s as 10 admit the fatal heresy thGt the right TO con
5eeafe lie property Of Rebel or traitor attaches
,,,;fbout auy conviction Of he offender To do 80
is go vubvert the COnsttuion, and Iend away all
Limitations sought 90 be imposed, ard e.tabsh lsg-
j.Iative despotIsm more capfoOus hhG more "ll 70
inc Leres OF tie citizen tLan any IOfm oi Oo'eIn-
- on esrtb Mr. Browning then 8Ig1.d - some
- tiat the bill IN iaCt and ee. J. tai o. - TAIN
hich is expressly prohibited ty Tie Constitution
The people all over this county have men III & us,
Fense of the Constitution ill top aLd Vaioy, Le!u
I'D fore.t mountain peak ana mountain go'Gr, quet
iIleoe and busing city, have ALL as by ore comDCh
impnIse sent forth their armed men TO sven the
hosts OF Liberty And thef nunpg[s INV ,6n