, 1862-01-11

64p1a1al1Cn1 and read an article from the New
York Herald, saying that the Senate had been |
engaged IN discussing the case Of NJ. Lane.
and that he Qane) hesired dalay, aud had re-
signed his place in the Senate. Mr. Lane said |
that It WAS not true that he wanted any delay. |
1t vas not tr1e that he had written his resig- |
true that he had accepted the Brigadier Gen
eralsh1p 3ed him He Iane) had no |
feeling: aE the contestant nj. stanton]
except that which arose from his attempt to
declare bis uane's) seat vacant four days after
Nj. TRUMBULL, Of Illinois, moved to take
4p the report Of the dietary Committee, that
Waldo 2. johnson, Of Missouri, be expelled
Mr. BAYAKD, Of Delaware, said that the
evidence in The case satisfied him that 8lr.
johnson had left the United States and gone
to the Confederate States, and he (Bayard)
could have no hesitation in giving bis Eote to
NJ II. POWELL, Of Kentucky, said that he
SHOULD also vote Tor NJ Johnson's expulsion
sey, the resolution reported back from the Ju-
dietary Committee, that Trusten Polk, Of MIS-
souIi, be expelled from the Senate, was also
taken u up, and both resolutions we're adopted,
yeaS r. y sS54I1R29 HASs R09er: -,
rms adopted, That the senstes transmit copY1
of the resolutions expclling Messrs. Johnson
and Polk from the Senate, to the GoTernofof
Missouri
:. Mr. GRIMES, Of Iowa, moved to take up
the Dill 1n regard to the administration Of
criminal justice in the District Of Columbia
The bill provides that persons confined in the
District jail prior to the Last term Of the crim-
inal coprt, be set free, if no Indictment be
found against them.
Mr. POWELL offered as an amendment, to
except tuSS1tlye slaves. He said that the bill,
as it stood, would at the end of every criminal
court lberate all the fugitive s1aEes who hap
pen 10 be there
Nj. GRIMES referred to the case of q free
colorcd boy who was confined In the Jail if
teen months on q charge Of being runaway,
which was no cause at all. He wanted such
persons free.
On motion of Mr: PEARCE, Of Maryland,
the bill was postponed, and made the special
order for Tuesday.
The bill providing for the building of 20
mail-clad gunhoats was postponed until an
answer could be had from the Secretary of the
terday.
On motion of Mr.. BAYARD, the motion
to refer the credentials .of BENZ. Stark, OF Or
egon, was taken up.
Mr.. BAYARD commended that it was not in
accordance with the Constitution to refuse to
allow the Senator to take the oath Of office.
The qualification Of Senator WIS left entire
y to his State, and it was not in the power If
the Senate to refuse to allow him to talze the
oath. The Senate could not reject an idiot
or man con7ieted Of crime il ne
vas properly sent here by his State. Such
person has right to be sworn as d member Of
this body. Then the Senate would haye the
power to punish him ae q member or to expe1
him for sufficient cause. He (Bayard) claimed
there were no Precedents as regards this case,
and that it would be very dangerous prece-
dent to establish that Of referring credentials.
Mr SUMNER, Of Massachusetts,, said that
the Constitution said that each House should
be the judge Of the qualifications ofits own
members; Does the Senator from Delaware
as qualification?
Mr: SUM MINER claimed that there were prec-
edents. He referred to the case of Philip Bar
ton, Of Kentucky, in the 10th Congress, who
vas said to be in the pay Of Eng1and; and the
House made lis loyalty the question Of quail
Mr. BAYARD thc1ght that the case ras not
4 parallel He was ceferred to the words ut
tered by member Of the House during the
Mexican Wal, when he hoped our troops would
be welcomed BY the Rtexicans with bloody
hands to hospitable graves" He did not con
slider the man disloya.' for that Speech and
would not condemn rran on declarations ut
tered in the heat Of debate.
Mr. COLLAMER Of Vermont said there was
no doubt the case was without precedent, and
the applicant TO take the cath He {Collamerl
would hare this question of loyalty settled,
and would let it go to the judiciary Commit
Mr. TRUMBULL said Il was strange doc
tI1ne that the Senate could not take notice of
the loyalty Of an applicant Suppose some
one should send negro here with proper Gre
dentia1s. Would the Senator from Delaware
admit him?
Mr. BAYARD-1 would require him to be .
citizen Of the United States.
Mr.. .TRUMBUIL-HoW world you deter
mine that-by color? Then you 20 behind
the credentials, and that is just the point.
according to the doctrine Of the Senator from
Delaware, If the State Of Mississippi should
send spy Of JEFF Davis here to blow up the
Capitol, We must admit him here to set fire to
| the powder that will blow up the Capitol.
hi. BAYARD moved to amend the reso1u-
| ton SO rs to allow Mr. Stark to take the oath,
and then to send his papers toethe commit
| tee.
The motion was lost, yeas 9, nnys 80.
Avote was then taken on Mr. Fessendcn's
resolution to send the credentials to the Ju-
dicla1y Committee, and the motion was car
/ Eed, yeas %, nays II.
1.-THE nays were-Messrs. B2yard, Bright,
I Carlisle, Kennedy, Latham, Nesmith, Pearce,
/ Powell, Rice, salisbury and Thonapson-1
On motion Of Mr. WILSON, Of Massachu-
eetts, the bill for the organization Of the sig
nal department OF the army was taken up and
On motion Of Mr. WILSON, the bill relat-
/ ing to the appointment Of suffers and their
| dchnite duties was taken up.
| Mr. LANE, of Kansas, moved to substitute
for the whole blu as follows: Is From and
t after the first Of February, 1852, the position
Of regimcntal and brigade suffers be abolish
T ed IN the regular and volunteer forces of the
/ United States" He said the sutler system
Was nuisance to the service, and an actual
injury. ,
| the matter it was intended to abolish suffers,
| and establish system like that IN the navy.
He found great difficulty in that, and had,
| after consultation with officers drawn up the
bill with great care he thought it would do
great good; he had never been SO abused in
| his life, and Threatened and s1andered.
Mr. RICE said he should otftra resolution
that fire dollars be deducted from the pay OF
| every Senator who did not answer to his name
when ayes and nays were ordered, unless sick
Adjourned TILL Monday.
HOUSE..
The Speaker hid before the House letter
from the Secretary Of War, in which he says
he has the, honor to. acknowledge the
ese'p' the f aH sRS f5zoa0n inaa to a00ptee tse
effect that the apswer Of the Department to
the resolution passed. On the second day oi
the session is not responsive and satisfactory
to the House, and requesting further an,
swer. The Secretary he's now to state that
measures have been taken to ascertain who i
responsible for the disastrous movement at
Balls Bluff, bnt that ills Incompatible with
public interest to make known those measures
| At the present time. -..-..
munication WIS referred to the Joint Com
| rnittee on the conduct OF the war.
On motion of Mr. BLAKE, Of Ohio, q reso
luton was adopted calling for the number o.
paymasteIs in the army. and how many art
necessaI7. He renarthed that there are largs
.nf. tEtAhnTf Fn3faa tn
form, and fhat many are incompetent. HI
desire *as to have them dismissed.
| The House reserved the consideration Of til
civil appropriation hiH;: