The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-06-14

20 1884, relating tie seizure OF the svsr ni'e Of
Sylvester Mowry In Arizona by order 81 General Carrie
too. commander in Ncw Moxico. aud asking BY what
auth rity the mne Is worked, and what dspostsos
Is made the pr coeds
Tho adu ran General relates thu fact Of tho arrest of
Mr. Mowry urder order OF General Carleton on the 9Th
OF June 1862 on charge OF treasopabl- compcit Is
with tue rebels. and view of circu issued bv Brga
paoinc, declaring all property OF enemies Of the United
SIse- sub oct to conhscstiou tho properly CT Mowry
was a'so sel ed and bo@rd Il investigation appointed
by General Carleton renored Il as their opinion that no
had given AID and camf0rt t. tho enamy and that there
was sufficient reason 20 restrain him OF his liberty
aud bring him TO tr al before q military c,mm,ssoa
Mowry was then confined. July 2, In Fort Y,m..
Caifornis. awaiting trial. but on November &,
1862, was copditionaiy released under orders
commander OF the fort 70 Investigate the cause, ard
tam or release the prisoner IS might appear right There
being no evidence hesore the Board he released 40
cordngy. since tnou Mowry has issued notices to the
United States District Attorney for New Mexico. and TO
tho United Stltes Marshall alleging Illegal seizure OF his
property ard or the 18th OF december 1868 filed in tha
Fourth Judicial District Of California comp amt aeainst
order in the seizure il is Inferred therefore that the
property had passed from the military to the civil au
tnority. aud as TO by what authority the mue Is
beng worked, or what disposition Is made OF the pro.
Deeds there are no documents on file In the Department
!, aflording 10 ormation.
The report was ordered TO lilo upon the table and be
printed.
THE RECOGNITION ARgANsAa
Mr.. LANE, (rep) OF Kansas, called up his resolutions
relative to recognizing the free state Of Arknas and
moved TO refer them 10 tho Judiciary Committee with tho
credentials OF Mesrs shback aud Baxter claiming seats
Mr. SUMNER, (rep OF Mass addressed the Senate at
length expressing his sympathy with every loyal cha
>however that the merits OF individuals could determine
the lights OF these dsoya Statcs to the common rights
sefcondcmned To day Andrew Johnson in himself was
more than ten men In fidelity, ard ten would
saved save s"aom And besides 10 was Senator % h
ard acted with US here. lie conended that not
wi,hstandiug the secession OF Tennessee. Andrew
Johnson was Senator for his whole term.
being then OF tho national body or the United
states Senate and being citizen of the Unitedta he
bs the caud date for Vice President
he had been recently nominated and OF loyal citizen
of any rebel state OF the District or Colunba Of
Torriory. for these are included in the rghtiu urdc
ton of Tho Unted States. We must look beyond the
virtues Of individuals, for in all their virtues under
Heaven we could not make state whore there was
failure t. comply with the requirements Of The cusu
tion The question Is Quo Involving tho right OF Arkan
to participate in the Presidential election
which have seat in Congress. Not only Arkansas but
Louisiana and every other rebel State, will await the
judgment on this question with interest.
Mr. LANE, Of Kansas said the senators from Arkansas
did not cxrect seats III this body except the condition
that slavery and involuntary sccvitudc should not exist
in that State except In punishment OF crime
Mr. SUMNER again alluded to tho claim set for adj
mission and said that the admission OF the Arkansas
gentleman would be admission that this ell State,
which had overihrown the authority OF tho federal
ernmsa, could cast an electoral vote at the next Pres
dental election, weghty that given by Massachu
sion OF Arkansas into the government ut this time under
the existing circumstances, though At another time It's
admssltn might be very proper. TIE representation
nov rroposod was that o. miserable minority the ma
iory being San in rebellion, end OF the ncri,y
public enemy. He believed that the majority
was always the basis OF representation In a
republic N government, and that therefore the proposed
recognition Of Arkansas was an act Of Injustice to the
loyal states allowing this portion Of tho people Of Arkan
sss to srnc lie e psie;es q oessn whereby they
sides, there vas no civil government there and was i'm
possible from the action OF the ordinary forces of
establish prorer civil government. He tben cited in.
stnuces occurring AT the late election In Ark show
hos Incapable Aksusas 70 bear the burden and
charge the duties Of aStac in this Unor being entirely
revolutionary In its character and due wholly mil
authority tie denied taat State OF this Union could DO
bnn Of military power. he referred TO the fact that
AklDscS wss slut out from commercial intercou
win The loyal states under the Presidents procamat
ia which i il cassed an iusurreconary state aud
far as lie knows was still under TINT law.
Dir. JOHNSON, (opp Of Nd said no differed from the
Senator in he cpaicn that hsse States out the
rovou;n and the enemy OF the United States ii would
seem obvious 10 every intelligent man that tho
ton recently assembled at Baltimore hai come to
taordnary conclusion IN selecting cat late for tie
second cce in the silt OF the people who would appear
to be, in the opinion OF the gentleman from Massa
cbiset,s. Ill enemy and alien to the United States.
Mr.. SUMNER said nc bad c0nteoued only that all tho
ststcs were ia tho r!shul .urisd tim or the United
states.
Mr. JOHNSON sad he understood that the gentleman had
relied upon former d cisicn OF the supfoms Court.
which declared in the Senator's behalf these states cut
of tho Union. II that doctrine was true It was i'm
possible that any loyal citizen could vote for the
d!dote Of that gcntemaus party for Vice President
lie did not mean now to express any opinioa IN
the merits OF this Arkansas So as no was The Judi
question. But the gentleman had assasd the course OF
the President by telling that tho amnesty prccams-
tn hid declared thai Il was not ia te rover of ihe ival
lie PIE 10 tack the Union without legislative
enac,men If this state was not In the Union, what
th.ry had the Pfesid Mt, Congress being ia scson
appoint Judges and all compensated 1T The expense the
United states Treasury; and had not the gentleman sup
ported tie nominations thus mades Was not this an
esanrel rUm any mment on the re-idents course
the part Of the senator lie c'nterded tha' II We a.
tenn ted TO rrobt slavery az qunlC alton Of restora
tipn 81 states to the lr'op they would not he on N
olgaiy with tic states they orsina Is 1t
upscr TIE constitution, and he could but believe that
tn Uniou ui be lost when II understood Inst each
stale was Dtte eqra Of the other 10 90 either richt
Or wrong He decarded the IDEA thut these states
we.e 10 return 10 tho United states simply
us ericrios with all the state powers derived irola
tho constitution stopped from them. II Mr Iiuoon's
election dcpe ds on the right ot these electors then cd
KIN VS. what We may come to II mas be assumed that
Nr Lincoln. any esc, may lack these
states Ia The condition Of Arkansas. God forbid that 1t
ssol hapneu That he should be elected nv these states
tb,t brought Into the Union under bis amnesty
procan,'ion, as II would be calculated urher excite
the blood u the peop'e. especially when the assertion
purpose OF the President In bringing back these
was It'll view to aaoct the Presidential election. IN
difference there was between tue Senator from
Maryland and himself, r Arkansas n
state Of the Union aud was only prevented from casting
her yote by the anomalous condition Of thin-s existing
there Mr. johnson replied that the difference between
the Senator aud him eli was "a wide tie poles lie
considered that each In the rebel States much
citizen of the United states citizen OF the loyal
States but they disloyai they not repre-
sen,ed In the Electoral College But n tie lresdcnt
1T TO pardon them and they orgauz a State government
ttcy have right TO Ia tie Onion. hey had The
power under their State constitution to organize their GO
vernment
Mr.. RICHARDSON, fopp Of H., reviewed the OF
Mr. fshback In Arkansas and, quoting from the resou
tons offered by him in the vcnton which took Ark
from tho Union coutepdsi that he entitled
TO seat on this floor when those who had stood up for
ITtra han Mr. hh..t
sounced az di-iny a.sts and cope feads.
Mr. Lane OF Kansas, dc ended tue loyalty az MI Fish
back who, he said only consented the ordinance ~
secession TO sive bis life, and had used ali 10 PRE-
vent It's adoption.
Mr. ssrisn, opp Of Del eaid he would vote sgairst
the reference 10 the Judiciary Committee simply becaure
the socaled state OF Arkansas rot,cn boroushnor
Abraham Lincoln.
Mr. WILSON, trep OF Mass said, not wishing 10 Dis
courage any loyal sentiment IN Arkansas he woud vote
for the Of tho resolutions and credentials IN
order that the subject might have thorough nvestiga
~ the Same time he would say that having