The New York herald., 1863-12-16

should ever In seeking avoid the Scylla Of the rebel
hon. vigilance not 10 fa INTO the charybds
OF abohonsm. II was evident that this policy was on'y
part OF that designed TO per etue the party "er o
the administrator Re closed with an indignant and
earnest protest against tho refusal d the administration
TO iberate thousands OF starvisg and dying white meu
for the sake OF o low negroes
Mr. JOHNSON, (opp) OF Nd deemed 81 perfectly clear
that Humanity, which s the highest poiiy. demanded
the nrance Of the exchange Of prisoners. As the
negroes tho hauds OF the rebels but lew IN mum
bsr be would saggest that equal number OF Con ede
sb0 I'D held hostages for coioyed SOL
ders lie proceeded combat the opinion of the senator
from Kentucky (Mr lhvisl that these men should not
be protected and corrected bis views OF The power Of
the President by quoting from the constitution relative to
the executive and legislative powers. Even supposing
belon, would sti berhe duty OF the President
cute the laws and provide therefor the means II q
hs not So tSS e Ss rsS 10 call around him
all tho facilities which the power OF the government
suppya He cannot orce into the ranks, but no can
call for volunteers Has Congress the power ~ call
the slave population ~ the deences Of she country
Though tho negroes are called property for purposes Of
taxaon they are stu persons Ia not essential that
they should be c2ens TO be called upon. II they not
citizens they But being property they must be
paid for If thus called out pursuance OF the power
given President In conc uson he said the constu-
ton will be returned TO In Its original excellence and
the men who have violated win DO held to account; but
until that day should with one heart and voice
unite In exsrng tho whole moral and physical power OF
the government In putting an end now and forever to an
ambitious, uDprovoked and reasonable attempt 10 de-
stroy government, tho best vouchsafed man and
by destroying It, constitutional liberty itself would be
destroyed.
Mr. DAVIS In reply. argued that the preamble OF the
constitution Of the United States coners on the
Court and the nsorpresaon there given was that the
preamble pether creates confers tho government
or any OF the departments any power whatever but only
points 10 the ends for which tho Is conferred in
the constitution II was tho business OF every intel
gent In America TO understand tho constitution and
know the principles Of our government and how It's pow
and principles divided among the different de-
partments The President right to suspend writ
OF habeus corpus whch WAS legislative,
altogohcr dssentcd
ions and principles assumed by the Senator from Nary
land All the powers to be exercised are conferred by
the constitution alone and there powers vested in
the government or any OF Its departments that are nos
conferred by tho constitution Hence tho President can
not troops armies, has no tho power TO
ganiae any measure 70 put down instruction without
The the assent Of Congress Tho positions Of tho
decisions Of the Supreme Court. and his
doctrines heretcal and dangerous. Just in proper
ton the principles OF the constitution dsregarded
the government weakened and the rebellion strength
oned the Executive had been governed by the prn-
cpes heretofore announced the intent OF the
the rebellion would long ago have been put down. ana the
only to regain what has been lost Is 10 return 10 tho
proper basis which to prosecute tho war was tho
determination OF the party In power that the shall
continue till tho next Presidential election. The
would have been brought TO close long ago " the admin
straon had sngy and good faith devoted Itself TO the
principles announced In the Crittenden resolutions and
the commanders Of :ho armies had not been selected not
because Of their hostility to the rebels but because OF
their opposition to slavery.
Mr.. HALE, rep OF N. H., said nothing WINS further
from his Intention 10 rise to indignantly deny that 1t
the desire Of gentlemen this floor 10 continue the
war In order to influence tho next Presidential election
moro atrocious allegation against honorable
was listened to- from the beginning Of time 10 the pres
ent moment -
Mr.. DAVIS (nterruptns) said the Senator him eif had
heretofore remarked that The army Of punderers
cecdcd the number OF soldiers Ia the leld
Mr.. HALF replied that he never made such remark.
any thing Ike u. y. nal eal that the liberties OF
country were danger from Abe profigacies
the Treasury than from the robels IN the field II the
take into y his ls' own nands tho he hand Of man
from the charne house reekng with pestenoe than the
hands OF those around him. Il the allegation true
that senator stamped with the rouest
and perjury. The country Is at war The tremepdous
issue Of national life and death irembes In the balance
treason, with ts rcd hand aims blow at the natons
life. The deslincs OF the country have been submitted
to the gentlemen around him, who arc bound by tho
sancty Of their oahs TO sustain the country and the
constitution and to defend the nresdes and homes threat
onedby sion, while the senator from Kentucky says
they nypocrites and DO not mean to sustain these
objects.
Mr. DAVIS explained that no had reference 10 thosc In
power.
ton which embraced every Senator. II allegation
which, II true. would disgrace the yiIest inmates OF
enitenary. The country at stake. God 10 trying the
great question of free government before world
In the course OF HIS providence He has entrusted the
have an allegation brought against them which Iue.
would justify every inmate In pententiary 70 refuse 70
'ns" Mss .o IL
thing met every bodvs sssentrssaeiy; THAI Lincoln
srst tns he had beard the honesty and pariotsm oi
the Executive questioned He spprcbended the Senator
strikes harder blow than be who ioossns condolences 10
the patriotism and integrity o. those 10 whom are con
soldiers take up arms and caod hem out 10 light tho
battles OF the country, Il IL bound TO protect them
Government havrs used ihern and they hay ing
prisoners, II they are abandoned to their fate, In guilty
Of baseu9ss unbeard Of In history Tho party In power
pose ard that IL the salvation OF the country He be
eved those who support ,hePresisent are IN full unison
and sympathy with him. The idea that the adminstra
trston supporters desire the continuation OF the
In order control the next Presidential election
desire this cruel with lis cries of anguish loss OF
households shall be continued for such purpose-our
given slaughter our widows " mourning and our
Kindred TO destituton-is insinuaop that he
voudered found its way even into the fertile
The Senator from Kentucky. applause In the galleries.
which Was promptly suppressed BY the presiding ohoer)
The country IL at war--such mover before was
seen and al time when tho question 10 nothing more
than life or death TO the nation, the allegation s made
II this true tnoso who support the administration
reckless q everything that should bind them patriot
csly togotherso caious 10 grief and so deaf 10 the
plcadinss oG humanity that would be too revolving 10
civilized people 20 Contemplate
Mr. LANE, frep.) " Ind remarked that he understood
the Senator from kentucky 10 say major general bad
declared It proposed BY the President 10 retain HIS
power even though the election go agans, him II that
tnce OF the country false, the officer should be mus
tered out as unworthy OF the commission be ooars iie
sboud.bke 10 know the name of the onicor.
Mr.. DAVIS replied that tho Senator m stook him a
gentleman who was formerly member of the other
house Informed him there q moor general no sad
lincoln defeated IN tho next rresiieotial election
he woad not surrender the Office. II tho Senator from
Indiana would come him (Mr. navis) in the s,ricest
confidence he would give MIN the OF the major
general and that OF b bn Informant.
Mr.. Isss had only this 10 cay: Any major general
who would make such q statement Yaz .in worthy the
honors Of the s0vefhment; u true t.Sovernment was
unworthy of con 0dcncc. As % tns bumtlest sup
porlot q the government be denied that any such re-
mark true.
The pending resolution OF Mr. Davis referred 10 the
Military Committee.
After executive eessIoD,
The Senate adjourned.