The New York herald., 1862-02-26
THIRTv-sEvENTH CONsRBss.
yJAsr SESSION.
Senate.

Senate.
WASHINGTON, Feb. %, 1862
On motion cf Mr fnssNpES, (rep) Of Me-, the motion
ageeng TO the report Of the committee OF copeSsnce on
the Treasury Note bin reconsidered and the Senate
disagreed TO tbe reports and the bill recommiscd TO
the committee Of conference.
PROMOTION FREMONT.
Mr.. CHANDLER, (rsp) Of Mich, presented q petition
asking that John c. Fremont be appointed Lieutenant
General Of the Army.
THE CONVENTION BETWEEN NEW GRANADA RIGA
Mr.. SUMNER, (rcp.) OF Mass., from the Committee of
Foreign Affairs reported resolution to carry into effect
the convention between Now Granada and Costa Rica.
Passed.
CONSTRUCTION OF RAILROADS WAR DEPARTMENT..
Mr.. CRIMES (rep) Of Iowa, offered resolution asking
the Secretary Of War whether any contracts been
made, any steps taken towards contract for the
struction of any railroads by the War and
so by what authority and with whom, and by authority
Of what law they have been made
CuIrIvAroN COTTON LANDS
Mr. WADE, (fep of Ohio, from the Comraittee OF Terri
tories reported back the bin for the occupation and cu
tvaon OF certain cotton lands ia session Of the United
STATES.
Mr. Hale, (rcp.) ofN. r., offered amendment limit
ing the appropriation to $50 600. Adopted.
Mr.. CAR-lE, (Union) OF Va said the hill involved
some very important principles Of the constitution and
Of expetiency, and he wanted time to examine il. He
Mr. HAZE, (rep) Of n H., hoped they would pass this
bill and several Others especially bills for conscatio
city belonging 20 rebels, which ought to be attended
On mot,onof Mr. DooInTIE, rep.l Of Wis.,. the bill
was postponed Till to morrow and made the special order
COSFlsCATIoN
Mr. TRUsBuu, trep) OF Ill., moved to take np the bill
for the confscation Of the property Of rebels lie SAID
there pressing necessity wthma few weeks the pro-
pery Of rebel general in this city had been sold tho
proceeds transmitted to him, while were sitting here
and imposing paper currency ca suffering soldiers
The oil was taken up.
Some verbal amendments were made to the bin, when
the morning hour expired, and the Chair called up the
special order, the 'Starkeh case
Mr.. TRrsDUM, (rep.) of H.. moved to postpone the
special order and continue the consideration OF this bill
Agreed to. Yeas ~, nays rs.
Mr.. TRuMBrLL said the bill calculated to affect the
property OF those rebels who are not under the jursdc
tion OF the United States at this time, and to
avoid the charge OF unconsttutOnality that could
forfeit the estate Of traitors except during life,
Mr. nmbull referred 10 and read lcng IN from
the decision Of Judge Sprague of made
last month the condemati Warwick and then
proceeded folows-Bnt what seems to en,barrass
some minds the difficulty Of treating these men both as
citizens and traitors These rebels in the Southern States
occupy just exactly that position When
assumes such formidable proportions this has and
when armies are arrayed against the government and
against each other all the writer's International law
agree that the rebels entitled treated as be
gerents and IA enemies and have been treating the
rebels at the South as begerents during tho present
war. We have sent flags OF truce them and
taken them as prisoners, and whenever re-
belon becomes OF such magnitude to be en-
titled to be called civil war, the parties
to be governed by the ordinary rules 81 war while
lasts and IN the prosecution of such the govern
ment is bound to observe the rules as it would cb-
serve in war with an independent nation. But that
does not prevent the government after the war is over
from trying as traitor any person that may be in lis
hands and that Id the take H. which this rebellion
s finally TO be put down. Nobody expects try al tn
400 600 mon row in arms against the government and
hsrg Them, though they undoubtedly traitors But
We viii give them the rights OF bellgerents, aud take
ne rs ol war ana when they return 70 their
loyalty again, those who have been seducea from
it, We win release them; but the ringlsadcrs az this
rebellion, the instgaors OF it, the conspratois who
have set it oh foot will, / trust, be brought
20 the halter and never be discharged unless they are
discharged by petit jury, who shall say they not
guilty OF These are our rights az against these
people; but yg against enemy Is right OF
conscstion. We have the right to take the personal
property Of the enemy and destroy it wholly If ne
cessary know that according to the modern usage of
civilized nations, total destruction does not follow
know that ia modern times prisoners who arc cap
property has not generally been confscsted; but the
right to contscate property, real perso-
nal for there Is - nc distinction, is undoabied;
the inhabitants have fed, and left the country esate
Is IL 10 remain nnoce euped and wilderness or shall we
treat si the European nations did the places this
contineat when the ages fed aud left the territory un.
occupisds How does the conduct the people at Port
Royal differ from that OF the Aborig nes2 They Ienys
everything 10 waste abandoning the country, and We
take possession Of thai country apporon Il out
among the loyal citizens Of the Unon aud this act Of
condscation by which We do this is bill Of
Some have objected the constitutional power 10 pass
this bin, because they say it is bin Of attain
does not corrupt the blood Of person; il on.
rates upon his property. The Supreme Court has
expressly decided in the ease OF Brown The United
staics that congress has authority to pass consaton
bill And if Congress has the power ~ eonncas the
property Of an enemy then Of coufscaion must
be something different bill Of ataiuder for the
constitution expressly declares that no bill Of attaiuder
shall be passed. Again sir II Congress declares the
property Of rebel forfeited want TO know who is TO
controvert that question II ii Is conended that ac-
cordng to international law Congress has no r ht TO
coniscas the real estate of rebel ask who ~ 10
interpret international laws There is no common
tribunal TO which all nations submit their quest IONS
International law is nothing than a uniform
usage Of civilized nations, and each one at last
interprste il for himself. running the hazard IL
Is true, Of bringing upon himself the Of
other nations Isuppose II nation should violate well
settled principle Of International law, such violating
the rights Of ambassador OF passport II would
bring upon itself the condemnation Of other nations But
70 ccnh.cste ,he property Of your enemy not viola
tion VI the principles OF international law suppose Rus
sia, these inorminable going on between that
country and Crcassa, should take the land Of the Cir
cassans and apporiion it out among the mobiles OF Rus
sia would America think Of interfering going 10 war
with Russia And il other nations would interfere
who would inerieref Can our courts give different
CONSTRUCTION TO International law from what sovc-
reign Power gives itY Ccrtsiuly not. The courts
are bound by international Law the nation
establishes il. They overrule act OF Congress
because their opinion II does not hsrmonze with inter-
national law. They have such power. The supreme
Court said in the OF johnson agsinst Mcintosh 10Th
Curts. 5l3) that conquest gives title the courts can
not deny That is settled by judicial decision Il does
not lie in the power Of Congress settle iuterna
tlonti ihW. ~ 'hiy iuFnNts uuestloh Oi pollcy
ana cxpeiiency, and that, think, is manifest with
regard to this bill that need not stop 10 discuss it,
The second section OF this bill forfets the claim Of
any person to any person held to service labor If the
person claiming has in any engaged In this re-
beion and makes the owing such forever
sfterwars free. take II there be doubt of the
power Of Congress 70 pass This law. Congress has the
power to raise armies and IL may draft soldiers II may
take from my friend from Kentucky Mr DAVIS his hired
man, whom he has hired ut stipulated price work
upon his farm fer the next year Right In the middle Of
the contract In the midst of his harvest the government
Of the United states may draft that man into ils
service VIVA, becomes OF the contract2 Can you
keep iH Can the courts decide that you are
entitled 10 the services Of this man. and the court
give theuS No Here the paramount author.
ity Of the United states and takes this man. IL IL s
necessary 10 him for the defense Of the country
II question OF power and the power do this cannot
bc questioned Does the master hold his slave by any
stronger snureS You cannot draw contract strong
by which person shall give his time and services
to another that the paramount authority Of the govern
cannot abrosate that contract take from your
control that person. and bring him into the service OF
the country This can be done also in reference your
own child BY the laws Of nearly every State In this
Iniuh a parent has control OF his child of