The Indianapolis daily herald., 1865-11-16

been
+ iheaf ssd- Of men N al the southern States
equally guilty 9TH Davis who hsd been par
doned IL vas impossible 10 vindirsfe the Law
and administer BE technicaliies 10 the South.
We must be uagnauimous and humane and the
only reason Tor trying Davis was 10 make IL s
future warning 10 evil disposed persons Upon
the President rests az oath 70 faithfully execute
the laws and be thought be would
Mr.. NAWIER moved 20 lay On the table
The ayes and noes vere demanded a. fol-
lows:
AIEs-AIlison, Beesou, Bennett. Bombs N
Brown, Of Hamilton. Cason, Chapman. Cullen.
Culver. Davis. Dunuirg. Dykes. Hyatt, Miles,
NOyes, Oyler. Reagan, Richmond, Terry.
Thompson. Van B1skfk. Vastcr. Woods,
Ward and whght-25.
NOEs-Baker. Bowman, Bradley, Brasn.
Of Wells. Carson. Cobb. Corbin, Douglas. Fog
li-h. Pinch. Fuller. G.hord Hanna Hord
Jinkius, Marshall, McClurg, Mason Moore,
Nesln. Stages. Willisms-22.
Mr.. BROWN. of Wells. offered substitute
a. follows.
Resolred By the Senate. the House concur
ing. 10 the relation 10 the case Of Jefferson
Davis, Pre- dent Of the late 30 called COnieder-
ate States. ~e have foil confidence 10 President
Johnson's sense ADD spirit Of justice. and may
safely leave tie entire disposition OF said JefTer
s0n Davis case IN biz hands. subject always TO
the Constitution Of the United States and laws
OF Congress IN pursuance thereof
Mr.. BROWN spoke 10 defense Of bis subsii
tuie, and said. nOs that peace had been Gecl4r-
ed he thought that such ma tiers should be ieft
with those who had been selected 10 admin. ter
the law He had faith in the President aud was
willing TO leave the matter with him.
Mr. OYLER thought il was a little strange
10 this day that men should have an awakening
10 charity These men had committed the
f0ulest acts Of treason, and he demanded they
should pay the penalty. He undertook TO say
that II Jefferson Davis was not brought to trial
the execution Of Wrz was judicial murder.
He believed guilty the other
Why should not the voice OF the loyal State OF
Indian be heard in this matterl IL = making
farce OF in tee 20 put him on bis trial and then
pardon him tie was not viHdiciive man He
could say With Mr. Lincoln "charity to all and
malice TO none" and that Davis should not
70 unwhipped OF Justice
Mr.. CUNNING, did not intend 70 dicuss the
matter At length He admitted We ought to De
charitable. still he was in favor, il JEFF Davis
was convicted of executed him. This
arch traitor bad been the prime mover in the re-
beli0n. ue wanted the sentence TO be executed
whatever il was Who could stand on this aoor
and ask pardon for this vTetchl God Almighty
was the only one who could exercise the pardon
ing power. The Legislatures in the Southern
States had asked that Davis should be pardoDe1.
These same persons would have signed a peti-
ton asking the Communication of the sentence Of
Bowles and Milligan. be from that Of death, to
imprisonment for life he had confidence in
Johnson and be thought they had a right for the
people TO speak to him this suffice, It was
emnently proper II be was convicted Of treason,
that he should be executed, and that the people
were true 90 themselves, Justice ana the consti-
H. .a - 49, A
cite malicious feeling in him. lie had 10 mercy
for him
Mr.. HANNA asked that the Doorkeeper keep
order in the Senate.
Mr. CULLEN asked to make a slight ex-
PLANTATION. He could not vote for the subsi-
tute. He had differed from President Johnson
on the question of pardon. The President may
be right, yet he had even thought that Davis
should have been first tried and executed. He
had implicit confidence ia President johnson,
yet be would not vote foT the substitute of the
gentleman from Wells (Mr. Brown The en-
orrBity OF Davis crimes demanded ex pression on
this subject. He did not presume by acting on
this we were taking it out OF the hands OF Mr..
Johnson. He believed in hanging Davis with
out Judge or jury.
Mr.. COBB asked If the psrdoning power had
not been exercised by the President aud If the
law had not been viudicatsi
Nr. CULLEN-That depended on whether
the guilt of the parties had been established.
Mr. COBB asked il person was tried and
sentenced by the courts, and afterwards pardon
ed by the Governor, If that was not a vindica-
ton of the law.
Mr.. CULLEN said he did not intend TO detain
the Senate, but only wished to put himself righ,
on the record.
Mr.. HAM A said, as this resolution embraced
one OF the most serious questions now before
the country, he hoped il would be referred TO a
Committee. He did not think il should be dis
posed of now. They should take time to
weigh it carefully. For himself. he had no de-
sire TO speak now-indeed he had no desire 10
speak at any time Oh this question ia the pres
ence of the inalmed passions OF mobile
wished =, address himself wholly and exclu-
sivey 10 the bar of Christian civiiiz ltion. Cen
tlemen on the other side of the House might
think this light matter; he did not view il in
that light: he thought il sustained intimate re-
latons to the whole civilization of The country,
and the world. He therefore trusted the friends
OF the measure wOIii agree TO the reference
let them present their report aud VIC will pre-
sent ours. He moved TO refer the resolution
md the substitute 20 the Committee on Federal
Relations.
MIR. NILES said that the leading object in
the trial and punishment OF criminals is the
protection afforded TO the public. Without il
society would fall into chaos, and he thought
that the greatest criminal of ten centuries ought
not to escape with impunity. The hanging of
Mrs. Surratt had fixed an indelible stigma on
female treason and conspiracy. The execution
of Wirz, worthless his life, had created
a bulwark of protection around prisoners OF war
for all coming time Davis was the embodied
head of the only rebellion against freedom that
the world has ever seen, and as guarantee of
peace and freedom ia the future, he would try
himsls traitor. and if convicted. would, as
Mr. johnson once told him in the Senate, hang
him as q traitor.
Mr. COBB. Should like to SEQ the matter
referred. IL was an important question. aud
members should have time TO reflect. He no
tced feeling of excitement on the part OF
members. bat be thought in time it would die
out He did not stand in the Senate Chamber
as he did las. winter aud for the past four years
The people had began again to reason. and now
they could address themselves TO their sober
judgment, He thought We should reflect; 1t
was an important one You execute Davis on
the ground of public policy but will that be
productive of any good The sword had ac-
complishcd its work the soldier had done bis
duty, the duties of the Statesman was just com
ing He believed that Mr.. Lincoln would not
have executed Davis
Mr. BENNETT rose to point of order,
l0at the gentleman was Iot tNhhniAb hiAtSe.A
70 the subject
Mr. THOMPSON thought the gentleman
should 20 on, as he thought every man had
right to defend bis friends.
Mr. COBB contisuei-that he had never
doubted the humanity of Mr.. Lincoln. Mr
Lincoln had said the Southern people would
have asked II Davis had been executed why was
not he also. This he had from good authority
Mr.. DUNNING asked the gentleman who
had held the conversation wish Mr.. Lincoln.
Mr. COBB will answer the question when
| get ready.
MIR. CUNNING wanted good reason why
the President should exercise the partonrg
power.
Mr. COBB sand that might be different
question 20 answer. The President must first
investigate the matter. He was not prepared TO
say that President Johnson had done wrong in
pArdoniug anv one it was question should
cautiously pursue. l. there Senator on this
floor who will set up his judgment in opposition
TO President JOhnson'sy he thought the acts
of Mr. johnson showed most masnanimous
policy, and be did not wish TO restrain the Pie.i-
dent without We were confident that such re-
straint was necessary. He thought the matter
should 10 TO the Committee on Federal Rsla-
tons
Mr. CARSON thought the matter could a.
we'll be determined now as at any time