The New York herald., 1862-01-29
PROCEEDINGS OF CONGRESS.
,ooNTJNIIEy, FROs EIRsT PAGEl

IoONTISUEr FROM FIRST PAGEl
and the said may Also designate such acts
Ell, With reasons for advising such Eepeal
soners eaen shan paid their the rate OF
yss for @ as psssSs q. seFaSas r. M the
aud Is hereby appropriated any moneys IN
That s the said ss be Con-
gress or before the - day Of -.
rossrssIos .sGR APIS
On moiion q Mr. WADE, (rep.l or Ohio, the bill 70
authorize the President take possession OF certain rail-
roads and telegraph lines taken up.
Mr. WADE said the bill only intended affect roads
The managers Of which were not willing should be used
ny the government.
After discussion, Mr.. TRUxBui frep) or H. moved TO
amend 10 candne tho operation the bill 10 the
States declared in insUrrection.
Mr.. SUMNER moved to add ''or where is actually the
zeal Of war;
Mr. WADE did not want any immunity for other States
u he had the power he would hang traitors and bridge
burners twice over II they were in the loyal States.
Mr.. TkphBt'IL, (rep) OF H., willing TO punish
traitors anywhere. He only wanted 10 connne the mil
tAry punishment provided for in the bill 20 States where
The judicial power cannot be exercised.
Mr.. WILSON said the government wanted power 10
move large bodies of troops over the roads at any time
and IN such numbers as they pleased. We have large
army which must BE- moved and IL might require all the
rolling stock, &c. Of several railroads at once
Mr. WADE for giving tho government all the power
Il needed TO carry the If it could not carry
the war with energy they might az well give up This
ON and wanted the power TO troops
without any hindrance
Mr.. BRowNxG, Qep.) of H., was IN favor Of the main
object OF the BILL but he had doubts about ponish
ing operators railroads by military Law provided
for by this BILL He simply objected compelling
ciee Of war.
Mr.. HALE, (rep) ofN. H. thought there was much ne
sessity for severe against traitors IN many
places the loyal States. He nsaDced the city which
We are egslating as IN example
Mr.. FEsrDEN, (rep) OF Me-, thought in regard
many things about which Congress legslaed the
nent had power over them, and much greater under
the power. The Senator from Ohio said that thc
government already possesses this power-the war
III what is The this ball! In his
(kr. Fessendsns) Judgment such power always
II necessary to put this law on the statute
book He thought II better 10 leave the matter
% the discretion of commander he (Mr. Fessenden)
would do all that was under the crcums
AZ TO giving any commander power 10 shoot any person
who intereres against the government he thought that
would be dangerous power TO put the statute book
There was no necessity for such legislation. We
lighting TO restore the constitution. Let be careful
that We do not violate IT, We had better leave the
power full force 10 be used by the Commander hie
Mr.. WADE claimed that Congress had the war power,
and if we LETT il to the President, might well de
clare the Pres iden dictator and tyrant Congress the
representatives Of the people, ought have control OF
she war, and be never would give up such power The
nothing TO do but furnish and money and then let
the President do as he pleased
Mr.. FnsxSDEN said the senator putting words in
his mouth which he said he supposed
Congress had the President but Congress
could punish citizens only according TO the constitution
against the question whether the power to the
habeas corpus martial law exists in the President
IN Congress the President has the power what harm
b there il Congress says again be has the power. II he
has not the power Congress ought to give him what
power was necessary.
Mr.. CowAN (rep) OF Pa coDteadsd that ihe power of
Congress 10 declare did not give the OF the
Commander. in-Chief and tell when the army s 60
forward or retreat. Congress- when it declares war
cOnere the President all power necessary
psh the object desired Congress had right decide
how the President should carry on the war.
Mr. TRUNBUIL said that Congress had the entr power
and might disband the army tomorrow. Congress has
the right 10 arm the army with wooden swords
4r. COwAS-Would the President be bound to obey IL,
Mr.. TRUMBUIL-Certanly. Congress might pass law
requiring the President hang shoot prisoner
TAKEN Such things would be unwise but Congress has
the power, and it . monstrous idea that the
power vested In the Executive against wbirh they
wanted to enter protest.
Mr. BAyARD (opp) of Del thought strange that the
Senator from bad fallen such
his suicidal argument showed II they established
the doctrine that civil power subordinate military
u would be the destruction of the government, for it.
you'd be the end Of all civil liberty. Where the laws
power.
A vote was taken on Nj. Summers amendment 10 The
amendment, which disagreed to.
Mr. TRuMBuIL modified the amendment as TO coDIne
the operation punishment of the bill
District in which the laws OF the United States OPP
posed the execution thereof obstrncted by insurgents
or rebels against the United States, too powerful TO be-
suppressed the ordinary OF judicial proceedings
which was agreed to-yeas. 49, nays, II.
Mr.. BROWNING offered an amendment substitute for
the second section that person who attempts within
the lines OF the army of the United states resist
interfere with, the unrestrancd OF the property
described nurc It, be treated spies OF the enemy
and punished with death or other Punishment.
Disagreed to--ysas IA nays, III
The bill was then passed-yeas, %: nays II. The
nays as foows:-Messrs. Browning, cowan, Davis,
Fessendep, Foster. Grimes, Harris McDouga Powell,
frnnbuii, salisbury and Wiley
Adjourned