New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-01-10
xxxvsish COnGnEss-Third Session.
SENATE. .WasulseroS, Jan. Q, 1863.

SENATE. .WAsHlseros, Jan. 9, 1868.
Mr.. COWAN Dep, Pal presented petition Tor
National Bureau OF Statistics.
Mr.. NESMITH Dem, Oregon, from the COm'
mitee on Indian Affairs reported bill TO authorize
The President to negotiate treaties win certain
tribes OF indiana
SHIP CANAL FROM LAKE MICHIGAN TO TIE
MISSISSIPPI.
Mr.. WILSON (Rep., Mass.) introduced bln 70
construct ship canal for the passage OIL naNa, n,u
armed vessels from the Mississippi RiVer 70 bahs
Michigan, and 10 enlarge tho locks OF the Erie hho
Oswego Canals Of York, TO ads9I ,nein 70 Lo
defense ef the Northern Lakes. Ordered 10 DO
Mr.. WILEY I'm, Val gave nctice Of bill to
aid the State of West Virginia in the speedy ana
final adjustment of Slavery therein.
IoUpoN AND HAMPSHIRE RAILROAD.
Mr.. WRIGHT (UB. Ind.l offered resolution n, M
structiap The Committee the Conduct OF tle W ar
IN nouire into the present condition OF tho Loud9n
and Hampshire Railroad 10 uarper's Ferry1wheth.
or II will shorten communication with tDe western
Railroad and what will he the probable cos! OF tDo
repairs 10 said road. Laid over.
Mr.. POWELL Dem, ky.) called up lne le'oi''
ton censuring Gen. Grants order expehng Jews.
Mr.. HALE rep, N. H. sa'd the order nau u
ready been revoked. 5.a
MT. POWELL was glad Of that, and commended
the President for 80 doing. But be wIsned 70 my
the resolution passed to show the opilG;a; o, INC
Mr.. CLARK (Rep., n. H. thought the order was
v,rono Rut he was not willing TO censure zen.
/ Grant now iQhting IN the field. unheard. lie moved
10 postpone me resolution indefinitely.
MI. WILSON Rep Aass. SAD Ge;1 ,n ,n' mad mad
which had been promptly revoked, and there, De
thought, the matter ought to rest. a..
Mf' HALE moved to lay the resolution on the
table which was agreed to-Yeas 80, Nays I.
I REPORT OF CAPT. CRAWFORD.
/ The VICE-PRESlDENT laid before the Senate
a communication from the Secretary OF war, Trans
hitting the report Of Cant. Crawford, commanding
the emigrant escort TO Oregon and Washington Ter
,itory In 1862. Ordered to be printed.
/ PUNISHMENT OF CRIME IN THE DISTRICT.
Mr.. HARRIS REP, n. ", from the Judiciary
Committee reported back the bill for the punish
nent of persons convicted OF CRIME I'D tie DlsIilct
! OF Columbia.
Tie bill provides for the confinement Of such per-
sons in the prisons of convenient States, egalzes
the sending of such persons to the State Prison at
Albany, N Y, and provides for the payment of
$40 10 such pesons Oh their release 10 convey them
home.
JUDICIAL PROCEEDINGS.
Mr.. C0LLAMER rep, VT, introduced bill
TO regulate Judicial proceedings in certain cases.
lie said there had been great deal OF 1aql found
for arrests which had been made, and bills had been
prepared TO obvIate the difficulty. He never saw
any reason for complaints against Gen. jackson for
]
nderstood IT, The Executive was just as much
called upon 20 construe the Constitution az any other
department OF the Government and his construc-
ton is jus. as binding. The different DEPART
ments Of the lGoveinmenI were coordinaan,e,
and 10 one was superior TO the other. The
Judiciary, when tue question came before them
decide the Constitution as TO the question in suit,
and 1t is binding 80 far and no further. The Exec
utive, during the recess OF Congress- was called
upon 10 decide upon the construction OF that clause
off 70 tta of ria
wit of habeas corpus. No viii say that ne made
any mistake Intentionally IN that construction. But
allowing that any mistake had been made, and I'M
constitutional acts had been committed, we cannot
smother ND and stlangle unconstitutional acte by
passing unconstitutional laws. Ii the President has
suspended the habeas corpus wIongully We shall
hardly cure the matter by sspending al other laws.
The power of suspendng the wit was 10 enable tho
President, in Of emergency, for the safety of
the country TO arest persons 10 prevent their com.
hitting treason against the Nation, and further 10
hold persons who have committed crime and prevent
their being tried; for State sometimes make
il necessary that persons should not be tried imme-
dately lie would not smother up judicial proceed
inQs; but by his bill he authorized every person 10
bring suit, if they had been wrongfuliy used. As
regards the bill to indemnify the President, he said
the only indemnfcation that could be had was a
pecuniaTy one TO the person claiming 10
have been damaged. His bill further pro-
yided for the transfer of all these suits, 60
brought against persons who made any Of these ar.
many Usr Of these suits good faith and probable cause
would he good defense; or, If damages should be
awarded they could only be for real damage done
to individuals, and nothing could be awarded In the
nsy Of snaft money o. punitive damages lie
would have the whole question met fairly.
The bill was referred to the Judiciary Committee.
TIE NORWEGIAN BAgK.
On motion of Mr.. SUMNER rep, Mass The
bill for the relief Of the Norwegian bark Admiral i.
Fordenheim was taken UP aud passed.
PAYMENT OF SOLDIERS.
Mr. FESSENDEN rep, Mel from the Com
nttee on Finance, reported back the joint resolu.
ton for the prompt payment OF our soldiers, saiors
and marines, with an amendment as substitute.
SALE OF LANDS.
Mr.. SUMNER introduced a bill to suspend tho
sale Ct land on the islands on the coast Of South
Carolina aud Georgia in and about Port Royal.
Referred to the Military Committee.
MIR. BAYhRD's CREDENTIALS.
Mr.. SALISBURY presented the creden. ials OF
tire Hon. Jas. i. BsyarJ, reelected United States
Senator from the State Of Delaware for elk years
from he fth of Marcel next. Read and placed on
file.
VOLUNTEERS FOR KENTUCKY
On motion OF Mr.. DAVIS (Pro-Slav., XVI the
bill providing for raising volunteers for tie defence
OF Kentucky was taken up, the question pending on
the substitute proposed by the Military Committee
which provides for raising 10000 men, and gives the
President power to send them out Of the State if NJ
any lime necessary.
Mr.. TRu MBULL Rep, Il) wa. opposed to this
Objectionable species OF legslatiOn-faising 30 900
men, not in Kentucky alone, but in any State, for
the defense OF public property in Kentucky. Ii
more men were needed, raise tae.n in the ordinary
way, and not by this special legislation for par.
ticular STATE.
Mr.. HARLAN rep, Iowa. moved 10 amend the
substitute OF the COMMITTEE 20 rs 10 allow the Prei-
dent 10 raieo not exceeding 10000 troope in any one
State. 10 be used III any other State when necessary