The New York herald., 1866-04-21

not yield to the authority Of the Unlied
time sir, that this should be done with ,tstes II
OF Ss % ur
II Concerns Senator or the mer ssapreme, whether
must Be oyed soldier Th
Mr. sAuLsBrsY-Mr Pre- .,dsy Isyeo- - - +.
agine anything have ,ha cannos not possibly I'm
shire .as remarks of the Senator from New T Hamp
to IL .rs ssr Who s he. sir that he should attempt
6Yb wersa judge, should not carry out the pro
fislons OF mis- lawbecause believe to be unconsttu
uonsl 6hat did say about resisting the authority
an act OF Congress II were sitting judicial capacity
was There anything sir discourteous to any member Of
THIS body, anything disrepuabe to the authority OF the
government of the United States in such declaration
Sit the idea did not enter into my mind at the
act to be without constitutional authority, l should
feel myself compelled TO execute the law OF my State.
rebellion and rebeious spirit TO me- have only this to
say-there is nothing in that Senator, mentally morally,
physically or otherwise, that gives him the.rgh to use
Mr. CLARK-Mr. President desire to use no insulting
language shall not be discourteous to the senator
from Delaware or any other Senator hope and shall
not be dscoureols to the Senate OF the United States
nope Shall not be discoureous to the government OF
ware or any other Senator, shall rise repeatedly, time
after time and say here in the Of the Senate
that he will not obey the authority Of the United states
u s time, with due Difference to him, that the spr-not
the Senator but the spiritof rebellion which crops out
in that way, should be rebukcd claim nothing NOR
y but do claim to love my country and God help ny
me- will contend against this rebellion the bitter end
who is confined in Fortress Monroe Sir we have
had too much trouble from this spirit already If the
men who have been engaged in the rebellion accept the
situation, let them accept T. but let the spirit
and opposition which begat the rebellion be manifested
tho Senate of the United States. We owe it to the
people OF the United States who have stood by
through tho rebellion that this Senate shall from
expressions of the kind and 4 the Senator from Della
ware rejoces that the rebellion been put down
him put away the spirit which produced the rebellion
and accede to the authority of the general government
Mr. SAULsBURY-I shall not continue this controversy
here simply rise to repeat that there was nothing in
the remark that made to cause any member Of this
body to say that would oppose the authority of the
federal government said that sitting a Judge, and
being called upon act If this produced before
me, could not recognize it constitutional law 1t
was simply an expression OF opinion It occurred
to me, sir, that there was an intellect in this
country SO obtuse as. for one moment, could suppose
full authority, State or federal, in what said. The
Senator from New Hampshire (Mr Clarkl to exhibit his
patriotism, had chosen TO indulge in language un-
becoming this place. and which trust he will repeat
OF thing he may be assured viz. that while wish
to have kindly relations with every member Of this body
both in the Senate and out Of IT, imputaon upon my
just and proper devotion to my government viii be sub
mted 70; and would ask the Senator from New
o The me Sss oy the vsss
sensible men INDUCED in reflections upon the motives
OF Others SIMPLY because they may differ in their polit
cal views or in their Interpretation In reference
statute, whether State or federal. Now, sir, I have
sought controversy with that Senator any othcr
IL
stitutlona will say so; and have much confidence
in my own Judgment in reference questions Of char
acter as have in the judgment Of the Senator from New
Mr.. CLARK-Mr. President, have heard the Senator's
remarks and do not beg one jot or little from what
have said. meant no disrespect to the Senator, but
simply to rebukc spirit manifested here. II have
occasion 10 say again what have said, shall certainly
Mr.. SAuIsBrRYs amendment gave rise a lengthy dis
cussion which was participated In by Messrs TRUMBUIL,
D00iIrILE, WILLIAMS, CLARK and HOWARD
n
amendment by striking out the word Judges" after tho
Mr. cow1S, Tep) of Pa, discussed the judicial
authority conferred by the constitution upon the federal
government The government, he said, was govern
here as Senators affect to sneer and smoker at
tho assertion. That could not be helped as there
sa' man IN S Ss Of 80
II about time for the whip crack the
heads Of the minority in the scnatc was about time
majority Mr. Cowan then argued 10 show that the ju
rsdicon OF the provided for In the bill belonged
to the State and not to the federal
Mr. Jo.ssos. dem Of Nd in the course Of some re-
marks advered TO the OF the writ Of habeas
corpus In the late rebel states and trial Of citizens be
rebellion could not have been put down with.
also believed that The PRESIDENT nsa tho Sods right 10
snrpend IL but In this belief he differed from the late
Chief Justice, who hold that Congress alone could
pend IT, Referring 10 the trial OF citizens by military
commissions no said he maintained now, as he main
Of the President that they were illegal and unconstu
tonal He cited tho case Of an English officer who
court martial, fcr The crime Of musiny and was hung
twenty yeas Afterwards for doing The decision BY
which this officer was executed had never been reversed
M DooiInIE's amendment was disagreed TO-
The question ncxt taken on Mr. saulsburys amend
ment 10 strike out the fourth section The amendment
Mr. EpsuxDs, trep) Of VI, moved to amend by pro-
act the government OF she United States shall pay ali
mo damages and costa
Mr.. HOWE, trepi Of Wis, offered an amendmen,
making II the duty Of the Attorney General and the Dis
rict Attorneys 10 defend all ocos the United States
Courts sued In the cases alluded TO in the bill
This was disagreed TO.
Mr.. HUDRicKs, tdem.) Of Nd, moved to amend the
shall be defence any suit action for any act done
or omitted ~ be done after the passage OF this act, by
adding the words, 'nor for any done with malice
cruelty or unnecessary scveri,y.h
Adopted-Yeas IL, nays 10.
Mr.. Doornrl. offered an amendment TO the first sec
ton To the nect that the order VI superior officer shall
constitute In those States and Territories where mart al
law has not been declared where the admin straon
Of civil law has not been interrupted. as ppsa Jae de-
fence and In II shall be made appear that such
person acted under such order not macousy oppres
sivcy, such defence shall be conclusive
Mr.. DoourTis subsequently, withdrew his amend
ment
Mr. sAvIsrrnr demanded tho yeas and nays on the
The bll then passed by yeas 80. nays The nays
were;-kossrs Buckacw, Guthre e. Hendricks and saus-
bury
Mr.. CLARK moved that when the scnaie adjourn 1t be
10 meet on Monday.
The Senate then adjourned, at halfpast ive O'Clock
p NJ
CORRECTION OF THURSDAYS SENATE REPORT.
The following appears In the report Of the Senate an
printed In fridays papers,
Mr. Sherman offered resolution calling upon the Pres
dent for any additional information his last report
upon the expedency OF Transferring the Bureau Of Indian
Affairs from the Interior Department TO the War Depart
ment
II should have been follows:-
Nr Sherman offered resolution calling upon the Presi.
dent for additional information his report
which he may relation condition of The south
ern States II adopted.
Mr. stewart offered resolution which was adopted al.
recne the Committee Indian Affairs report upon the
expediency OF transferring the Indian Affairs
from the Interior Department to the War Department
HOUSE OF REPRESENTATIVES,.