Daily national Republican., 1863-01-07
THIRTT-SRTEHTH COEGRES8
THIRD sEssIoN,
SENATE.
WEDNESDAY,, January Z.

WEDNESDAY, january.
The VICE PRESIDENT laid before the SEN
ate communication from the Secretary Of the
Navy, transmitting the correspondence and re-
ports concerning the accident to the steam
battery Passaic.
Mr.. KING presented a petition protesting
against the action Of the advisory board Of the
navy.
Mr.. TRUMBUI.L, from the Judiciary Com
mittee, reported hack the petition Of certain
citizens Of Maryland, asking for the immediate
repeal of the act abOlishlng slavery In the Dis
trict of Columbia, with recommendation that
the prayer Of the petitioners ought not 70 he
granted.
Mr.. TRUMBULL also reported back hill
in relation TO the district courts Of Minnesota,
Iowa and Kansas, which was taken up and
passed.
Mr.. WILSON, of Mass, from the Military
Committee, TO whom was referred the message
OF the President concerning the three swords OF
Gen. Twiggs transmitted by Gen. Butler, ro-
ported Joint resolution distributing theswords
az fOllowsi the sword voted by Congress March
2, ls47, to Mai. Gen. B. T. Butler, as a reward
for his distinguished military services during
the present rebellion; the sword presented by
the State OF Georgia 10 he deposited in the
library of the military academy at West Point,
and the sword given to Gen. Twiggs by Au-
gusta, his native city, to be preserved In the
Patent Office as a trophy Of the rebellion.
Mr.. WILSON, of Massachusetts, also from
the same committee, reported back a bill In
relation to the bountles of volunteers In certain
cases; which was taken up and passed.
Mr.. RICE introduced a bin authorizing the
Secretary Of the Treasury to pay TO the govern
ment of Minnesota all the costs, charges, and
expenses incurred In suppresslng the Indian
hostilitics Of 1859. Referred TO the Military
Commute.
Mr., FOSTER introduced bill 70 amend the
act respecting the Judiciary system Of the Unl-
ted States. Referred to the Committee on the
Judiciary.
Mr.. HARRIS presented a memorial Of the
Chamber of Commerce, of New York, in re-
spect to the enlargement of the New York and
Illinois canal.
Mr.. BAYARD presented the petition Of W.
G. Jewett, stating that It being conceded here
and in Europe that thewar Is for independence
on the part Of the South and freedom of slaves
on the part of the North, and asking that points
of difference be submitted to the arbitration Of
Switzerland and others, as favored by Hon.
Horace Greeley, in accordance with the friendly
mediation of Napoleon, and establishing an In
ternational court Of appeals.
Mr.. SUMNER introduced a bill to prevent
correspondence with rebels Referred.
Mr.. DAVIS introduced bill to regulate the
appo ntment of midshipmen in the Naval Acad
emy.
Mr.. NEsMITH introduced a bill to provide
for the better protection OF overland emigrants
to the Pacific coast.
Mr.. HALE introduced bill to repeal so much
of the act, establishing the grade OF line officers
in the navy, as authorizes the appointment OF
Rear Admlrals and Commodores on the retired
list. Referred to Naval Committee.
Mr.. SUMNER offered a resolution directing
the Postmaster General TO furnish the Senate
any information in his possession, explaining
the arrangement of the mails between Wash
ington and New York, aud showing what car
be done for the removal of this evil. Adopted
( Mr.. POMEROY offered a resolution instruct
ing the Committee on Military Affairs TO In
quire into the eXpedlenCy of providing sulta
bic location and establishing q soldiers hOmt
for destitute aud disabled soldiers, honorabl,
discharged from the service Of tue [ Cnited States
Adopted.
The bill relative to the discharge of State prl
aOnCrs was then taken up, and
Mr.. FIELD proceeded to address the Senate
contendlng that the privilege Of suspeAding tn
writ OfhahcaB corpus was power vested In tn
President by the court.
But II the President had not this power, un
der the Constitution, then Congress has Il,
power to delegasG to him any such power. TIL
language used Ia descriptive Of tho very pOwe
claimed by the kings Of England, In suspend
Ing this right. No instance can be shown wher
the English Parliament ever attempted 10 sus
pend this writ until after II had been suspendc
by the crown, and then all they did was 4
sanction the acts Of the crown; therefore, b
claimed II there was any agreement derive
from the analogy, II showed that this powe
was vested In the Executive, and not In tll
legislative power. lie further commended tha
the clause In our Constitution, as original
proposed by Mr.. Pinckney, proposed distinctl
that this power should he exercised by the Leg
islature upon urgent and pressing occasion, br
the convention refused to adopt that, but sui
sequently, Mr.. Gov. Morris offered the claus
, as it now stands combining the exercise of th
power to cases of rebellion and invasion, br
omitted all reference 10 the Legislative bod!
showing, by inference, that they meant TO col
fer the power upon the Executive.
Besides, this Is a power which, If exercise
y nt all, must often be exercised with raplditl
and perhaps at distant places, In order TO cav
q the nation; and the men who formed the Coz
a stitutlon must have intended this power to
used by the Executive, and not to await Il
= slower action of the legislative power. If Il
f President of the United States, when this tre
= son first broke forth, had exercised this pow
q which he (Fleld) believed he possessed, an
half dozen men had been arrested, In all pro
i ability this storm might have blown over.
e Is objected that this Is a dangerous power
!, confer on the Presidents but lie thought the
II was more danger to the liberties Of tie count
J from Congress than from the Presidents al
II those who were willing to confer full martl
power on the President, were giving u muC
greater yower than this would be, and capab
Of much greater abuse.
HOUSE OF REPRESENTATIVES,
The SPEAKER laid before the Honse a COZ
g munIcatlon from the Secretary Of State,
% answer TO a resolution of the Housc, of thgi0 q
December, with copies Of all papers receive
from the Rev. John Seyis relating to llberatr
" AfrIcank landed at Liberia and Haytl.
10 Mr.. 0I.IN, from the Committee on Militia
le Affairs, reported adversely to resolution I
cOmmendlng the introduction of the home
opathlc treatment In the medical deparlmc
of the army.
" Mr.. SEDGWICK, from the Committee
ir Naval Affairs, reported back joint resoutlt
Ie requiring estimation Of seamen a. well as 81
n dlers in the adjustment of the numbers on I
10 volunteer force of the United States. The
DC solution requires the Secretary of War 10 81
of credit to the several States for the cltize
li thereof enlisted In the naval service, and W
D. would be otherwise liable 10 military dra
@, Passed.
m Mr.. KELLOGG reported back a resOlntI
I'd lnQuiring whether further legislation was nec'
n saTy to secure soldiers bounty to the heirs
IN deceased volunteers. Laid on the table.
nj Mr.. HICKMAN introduced bill to promo
&, the further efficiency of the marine corps. !
ferred 10 the Committee on Naval Affairs.
NJ IT ADVE ,noypd that 4 600 CODieB of [