The New York herald., 1865-03-03


military commission martial who're tbs courts
are open excepting persons actually In the military scr
vice OF the United States and rebel charged with
b. ing spies. All proceedings heretofore had in such
declared void and all persons not subct 70
trial oy military comn'isi or court mart al shali be
forthwith discharged or delivered the civil autho
rites.
Mr. wAsasussn trep Of H.. raised the question that
the amendment was not In order
This point was sustained by the CHAIRMAN (Mr Pike,
but ON appeal his decision against 65
MT hERSss, loppl oi N y. trusted the amendment
would be adopted without rousng partisan fe ling by
referring TO iho many cases Of arbitrary arrests and
he thought tho House owed constitutional liberty
the amendment
Mr. DAVE, Fep) Of Mass, said that, having been on
special comntes 70 exam no into frauds in contracts
he had united in reporting bill. which became law
subjectng such offenders to trial by court marital II
was extreme m asure but no felt that was neces
sary TO check what seems TO be grea, evil He the
time tho ght the law would administered with rea
SON. but he was sorry to say from his observation the
administration the law had boen such during The past
year as to compel him to support the am sndment We
had lost sight Of the guaan Of the constitution and
som 70 forget ina. any man has right to trial by jury
with which he Is charged Court maTtias appeared be
formed with view TO convict and many Of the proceed
ings were not only rlproaCh to the admin sraon Of
Justice, but shame and disgrace He alluded 70 the
trial OF the Messrs Smith Of Bston contractors tho
navy without parallel in nfamy since the days Of JET
Mr. ScHRscK would have no objection, II the amend
mont confined courts martial and military commissions
city TO military Offences but he was opposed to the
attor part of the proposition which gone
raj jail delivery There persons the Old Capitol
prison and elsewhere who trable only in the
Mr.srxvHNs expressed his regret that the gentleman
from Maryland should this atc stage OF the proceed
ings, bring in such an important proposition when
known that oil Of those arrests and trials by military
courts had boen in virtuo Of laws passed. by Congress
might BE- that courts had committed and that op
preston had fallen persons tried But could they
by simple amendment 70 this BILL correct all the deci
sonsi He submitted THAT, without information, they
would, by the adoption Of the amendment, commit
dangerous act and throw loose class Of helping
70 destroy w.
Mr.. DAVIS Of Md, said in reply that there was no
other time Than now in which these subjects could Be
more appropriately considered. When the voice Of
liberty ceased to b hesrd would be too late agate
this question. Let the bill before them perish thou
sand times rather than the liberty Of the citizen be de-
sroycd General Mcclellan the first 10 put his name
land He glad to refer to this because II showed II
not party question, but an American question
Of public liberty Thero must be stop put TO
by irresponsible b0des otherwise there would be law
in the land In New York. Boston, Baltimore and else
where men have turned gray under persecution and In
Baltimore o man has been sentenced to Imprisonment
for forging JEFF Davis currency. He wanted the
representatives Of the people TO declare the nulty
Of the military tribunals in the trial os civilians
Mr. FARSswoRTH, (rep) Of ILL.,, said, in reply TO tho
gentleman from Maryland (Mr Davis) that or all the
acts, civil and military Of Gen. Mcclellan there
him to the hearts of the people than the Of
the secession members of the Maryland Legislature who
were about 70 meet TO involve that State in civil war
Vigorous measures saved Maryland and just previous
the inauguration Mr.. Lincoln had to make his way
through Baltimore in disguise.
Mr. DAVIS replied-H he had been . man Of heroic
mould he could have marched safely through.
Mr. FARNswoRTH, resuming said that when the gentle
mans political enemies and tho enemies OF the country
took the gentleman by the hand for what he said he
ought TO raise his hand toward Heaven and ask What
have done that such men should praise mef" Mr..
Farnsworth spoke Of the "lousy rapscaions" In the
military prisons when his time expired
Mr. KAinrIEIecn, opp of N Y.-oh lot him go on in
Mr. HARRIS, opp of Md, replying to Mr. Farnsworth
said the reference to him as an unworthy member"
was worn threadbare. He approved Of his colleagues
man from Illinois said in "Pckwickian sense" so
far from tho members Of the Maryland Legislature in
1851 intending take that State the Onion they
expressly maintained that this must be done through
convention
Mr. wnsos trep.) Of Iowa, replied 70 Mr. Davis, say
ing that the gentleman TO day eloquent IN behalf OF
the liberty Of the citizen only few days ago voted
against the bill 70 prevent military interference in cleo
tons
Mr. scHENcK, (rep.l Of Ohio, who, with Mr. Davis, had
voted against the bill TO which Mr. Wilson alluded
planned why he did showing that It did not prevent
rebels from voting.
The vote then taken the amendment, namely
That person shall be tried by martial military
commission In State Territory where the Of
the United States opsn except persons actually
tered and commissioned appointed otherwise by law,
In the military or naval SERVICE rebel enemies charged
with being spies apd al proceedings heretofore had
tary this provision shall be vacated aud all persons
with be delivered over 70 the civil anhorties 70 be pro
ceeded against IN the according to law; and all
acts or parts Of acts inconsistent with the above here
The above agreed to--seventy-avs against sixty
four-and the House, At half past fonr, took till
EVENING SESSION.
THE CIVIL APPROPRIATION suI.
Camo up In committee.
Mr.. ScHEScKunsuccessfuly endeavored to strike out
Mr. Davis amendment which had been agreed to before
the recess, and TO substitute something else.
Ono million dollars added the Civil bill TO supply
On motion Of Mr. ScHxxcx an amendmsnt was made
that tho commutation for clothing to volunteers shall be
the same as that Of soldiers in the regular army
Mr.. SrEvnB offered an amendment increasing the
pay OF clerks In Congress and IN the executive depart
ments.
This was amended, on motion Of Mr. NELSON, toppl Of
N " TO increase the compensation Of members Of
the present Congress twenty I've pcr centum.
Mr. srEvESs moved TO strike out the above and subs,
cents mile and three hundred dollars month for The
time Congress 10 IN session
NJ NJ MORRILL, s mGyed % tnss the the shall
before that time, II shall be repealed. (Iaughter)
The substitute Of Mr. stevens reisctod, and shs
proposition 10 increase the compensation OF clerks and
members OF Congress- was lost by vote Of 81 yeas
against 80 nays
which rejected that each surviving soldier Of the
Of 1912 be paid 500 pcr during his natural
le and that 900 be appropriated for that purpose
An amendment adopted declaring illegal and void
the allowance OF double ratons TO any chief Of staff
This is iRtendcd take such allowance from General
HAll0Ck
Mr. Nnsos again offered his amendment to increase
the compensation OF the present members Of Congress
twenty Ave per cent
The committee ross and the bill and amendments were
reported TO the House
Mr. STEVENS again offered his amendment TO increase
the pay Of clerks in the public departrn onts.
The voto having been taken, but not, yet announced
Mr. MoRRp toppD Of Ohio asked whether " would be
order for the democrats who had voted increase tAs
pay Of republican employees to change their votes
Mr. SrRoUsr (opp) Of Pa Indignantly declared that
the remark OF Mr.. Morris was insult.
Mr. 0DuI, topp. OF ~ Y.-Here is one democrat who
does not wish " change his vote.
The result II the vote Mr. Stevcis' amendment
announced s folows,-Yeas, 81; nays II.
So Il was rejected
The House. by vote Of 80 against e. CONQUERED In tho
rst part OF MI Davis amendment, viz, that person
shall be tried by court martial military commifsion in
any State Territory where the OF tho United
States open except persons actually rDuatered or
commissioned appointed In the military naval
vice Of the United States or rebel enemies charged with
being spies
The latter part Of the amendmont was stricken out BY
vote OF rs yeas against u nays, and Is folio ws-
All proceedings heretofore had contrary TO tls section
shall DO ated and all persons subject trial under
this section by martial military comm isson now