New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-06-26
XXXVIITH CONGRESS.
FIRST SESSION.
sENATE. .WAsnIycroY, Jnne 9j, lsGs.

mit,ee on Indian Affairs, reported back the House
bill for the appointment OF ali indian Agent 10
Colorado Territory. Passed. III.
Mr.. HARLAN Rep, Iowa, from ne Cohml'ee
ON Public Lands reported back the bill 10 increase
the revenue by the reservation aud GALE oil town
sltes on the public lands. ,,c
Messrs. SUMNER REP, Mass and HARRiS
Rep, ~ " presented PETITIONS IN iaVor Oh 'uc
bankrupt act.
luton that the several departments Of the Govern
ment publish in the daily papers in Washington on
Tuesday OF each week, a let Of contracts WhiSh
shall have been solicited or proposed through the
week preceding, which shall state briefly the sub
iect mater of the contract terms, and names OF tne
prou Osed Contractors and all persons known TO DC
interested directly indirectly and OF The persons
who make, request, on recommend mnklng any su'h
contract This provision Is not applicable 70 oihS
made in pursuance OF advertisement or plrcildsei
made according 10 law, but shall apply 10 the pro-
posed modification Of existing contracts. LAID over
Dir. LANE REP, Ind gave notice that he should
introduce bill to repeal the act creating the ASr
cultural Department. ..
Sir. TRUMBULL Rep, H. from the Judiciary
Committee reported back the General BankfHp,
bill. with the recommendation that 1t be postponed
to next December.
On motion Of Mr.. HALE Rep, y. H.l the sub
iect was laid over until tomorrow.
The bill TO repeal the act for Furnishing frands m
making contracts was taken mp and DISCUSSED uh'H
the expiration OF the morning hour.
Mr. TRUMBULL, from the j gGI ciagy Committee,
reported back the bill to prevent members ot Coh-
press and officers Of the Government taking any
consideration or compensation tor procuring con-
/ tracts from the Government with On Amendment
The Coniecaiion bill was then taken up.
Mr.. BROWNING Rep, H. said: We are now
il great struggle TO secure constitutional liberty.
If in this struggle the Constitution u over'hio"H
by the Rebels, or by loyal men, or by both then the
! uennIe will have bled in vain. he Senator IRON
/ Massachusetts Sumuerl brought forward novel
views in support OF this measure-sIch as wolhd de-
stroy all unity and over brow the Constitution.
Arguments drawn from the old colonial laws, or
English law cannot be binding on Us as they are
not ia any way bound by the provisions OF the Con-
sutution Ii we have ,he power 10 pass coniisca-
ton bill the power must be derived from the Constl-
tuition. The examples o. ancient nations give US no
authority. .
/ Mr. browning then enumerated various specific
Grants of power TO Congress in the Constitution, ana
couteuded that the bill before the Senate could not
be founded upon any such grants.
Mr. SUMNER read from he House bill, and
claimed that the bill was expressly founded Oh tue
provision concerning capture.
/ Mr.. BROWNING continued, and said that be nn'
ders,ood the Senator Sumner ia his speech to claim
that Congress might exercise power to-day becsnse
war exists which il could 10. eAeF Ire to-noIroW II
peace existed. This might be true OF the Govern
ment, but he lBrO~ningj denied thai IL vas bppII-
/ cable 70 Congress.
! Nr. SUMNER raid that Congress can exercise
powers during Hgnnst public enemies winch II
cannot IN peace sgEius citizens OF the nted St4 es
There are rights OF war belonging 70 all nations, and
there rights may be all cxercscd by Congress, but
NUT Do exercised 10 time Of war.
! Mr. BROWNING cOnienaed that the COn-iiiu-
ton did not invest Congress with al ,be Wal power
Congress ha- no power to lass upon what may be "A
,,,l,,sry us,.s.Ity; that power gwen 10 the
,r;i;,ary commander Danger to the country to
b. appr,heuded frog the legislative Department
not from the Executive, from the icihty w!th
which the Legislative Department can cover mp ITO
designs with multiplicity OF de'iils. Inc SENIOR
CON Msssachu.ettr lSumneTi claims that there n no
limi, To impo,ing fnes, but the Constitution SAYS
that excessiye bail sball not BE- required, &c, and
tie laws OF nations and the experience OF all ages
are strongly against sweeping me ana conhs-
cstiop Nr. Browning cOUtended az length
tia, the powers Of conhfcaion and liberation
yer. confined 10 tue Commanders int lief - mat
ters Of military necessity and Congress has
no power 10 pass measures 10 control them
Every Department Of this Government II bound by
our written Constitution. aid has it, limits
| Senator from Massachusetts isunner) feared TO
trust the Executive, and therefore he urges Con-
pre,, 20 step beyond It's limits, and DO that which It
/ ba, no night to do. he lark shadow of Slavery
seems T. have thrown ii-eI before the Senator
Sumner aud ob.cured the light with which he
would otherwise have viewed the Constitution. L.
il unjust 10 suppose that be hates Slavery thgn
he loves the Constitution Would he have the
no other way secure the destruction OF Slavery !
Admitting that Congress has 10 power over
| Slavery in the States 10 time of peace, yet that
Senator lSumner urCes the etoi'iOu OF slavery
in all the Rebel States. lie Browning entered ~
earnest protest against tie dangerous heresy that
the powers Of Congress can lie enla 'ed Ia such a
wsy in time of war. Such heresy will do more 20
overthrow the Government than anything tie
Rebels can do.
The PRESIDENT Of the Senate pro tenn laii be-
fore the Senate "A communication from Gov. Gamble
OF Missouri, transmitting copy Of the resolutions Of
the Convention of that State relative 10 the PROPOSE.
ton for and to the States for emsncipaiing their
tlaves
Mr.. DIXON Rep, Conn., said we are now en-
gagged IN u struggle 10 suppress Rebellion, and Re-
bellion must be put down AZ all sacrifices and then
the question will arise Ge 20 how the Government
shall be- restored and what shall be the condition OF
the States that shot mady into the Rebellion. Tbs
+. question must come before the people, and should
not enter into this dFcuesiOn but for what If consd
cred the fatal heTe-y of the resolutions of the Sena
tor from Massachusetts (Sumner). declaring 81
these States bad fallen INFO the condition OF Terro-
rice. He referred TO the lqea, Importance OF
preserving the Government entire and uum-
paired III the character OF General Government
and Of State Governments, and coniendci
az some length that any pretended act Of
Secess on bad no ei'e,. ON ;he rights aud duties OF
/ the States e. the General Government. Tennessee
had done all che could 10 make Secession en,c,uai;
yet the state was I'LL the while represented IN The
SeEate, nnd no one now pretende 10 doubt her cen.
dltiOn Il State. No power can separate the States
but succes,iu revolution Individuals committing
treason make Themselves responsible; but pretended
acts Of Secession by Siatee must necessarily be- void
/ lie thought tt.re could BE- 10 difficulty IN the re-
sumption OF tbs proper state Government in States
where portion ~ lie people are loyal. II there
ID any STATE where the people niue hostile then
they must contmne 80 be regarded 80 lubii;