Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1866-05-04


teber than the honorable Senator from New Hempshfe,
u allied by one who ofes paper that can again be In
dorstd hy me
Nj CLARK 1ha,e no doubt in the world that the
honorable Senator rom PEI yana 10 glad to zee bit
u paper Of this kind from Vermont, II Ia unuual
and knew we'll when twas offered that he uld in
dorse IL {. did after he put his without recourse
on the la oft.
Now, Mr.. President, what is the reason Why un.
dett Ike shield these in ofths kind First,
bscsuse they in pursuit Of worthy in putting
down the rebellion and secondly because vhen SOL
der Is commanded TO do thing he cannot resist it, The
soldier has the order Of superior 70 60 and do 30 and
20 What shall he saJ "Ivil not do II, sir" Then
he court mGtslsd or put in the susrdhouse At once
He oteys he cannot well do othuwiss and then be.
he IN loyal State he is not have the pfo,eo-
titn Il he Government foteooih
Mr.. TkJMBULL The Senator from Vermont was
the author OF the law Of 1868.
Mr. CLARK | understand that the old senstor
from Vermont the suhot Of that law and did not
know that the senator from P,nnsylvania Endorsed IT,
Mr. COWAN. did indofse II and II the Senator
r. New Ham pshife does not know II, tell him
that mytel was he authtr Of come Of lite provisions
Mr.. CLARK an glad TO hear him cay 90, for
have had In my nd. somehow other that the Sen
from Penny lvsnia had been hsngng around; now
he has indoi" d the contrary,
Nj CoWAN. very intimate friend Of mife was
supposed at the time that bill passed to be in some
trouble in this particular dr,oton and not
tain whtihef the honorable Senator from New Hhmp.
,Aier Who 10 generally exceedingly tapuous and exceed
II ely tart did not fomevhat reflect on me at that time
because constructing that bill In order to ,hitld my
iTi'bd but We did not make j. 60 beyo the order ofthe
Mr.. CLARK The senator from Pennsylvania l. en-
titled to the benefit Of that AcA owledg that he
voted fer the law to shield friend Has srybt dy 'he
got a friend that wants 10 be thieldedf These men
ioldius Of common country, Al II the Senator
from Pennsylvania will not shield them, he county
should
howl am going to confnt myself TO this amend
mentit admitted that tins 10 Necessary in the rebel
States II you perm to cell THIN go in the
ed States. But suppOte occurred In the State Of
New Yoik aihk it was in ist3 When tn iiots oc-
CURED in the city Of New York, and necessary to
have force there to maintain order. sUTpoe GensrAl
Butler had said to one of he mftIoT tfctTs, " u
do and So" and he went and did II in pursuance
ofke'pu6 the peace there and maintaining he authoi
Of The Gov'Tnmtnt is not thai man To be shielded
suppose you follow II down hom soldier TO soldier you
follow The order from grade 10 AnobeT 90 Icing
be man acts under the order 30 tng should he be pro
ttoted.
asrte entirely With the Senator from Illinois that II
man has tId,T Of his kind and with that order In
his ossssscn he abuses the oIder aud does what he Is
not required by the order he cannot protect himself
der he order. Do,s the Senator iiom Vermont think
hat he would le able 10 do sol II JoeT by virtue
Of writ should go and ssn p to do certain thnss not
conn snded IN ht wit, ana htn should iry 10 protect
himte BY The writ IL uld be said, " You did
What you NEED not do and what the wit did not
mSnd you to do" Suppose m.n comes uTon my
ground Iut him % and IN putting him of, without
any necessity kick him and abuse him and he sues
NJ in court, and plead that he was on my ground and
put him of
"Ah but" says he, you not only put me off, but
you Kicked me" then II would defend me; there
could be no prefer &c that 1t would defend me So IL
an was nm endtd TO and ttke horse and impress
him into the amy, and he went and robbed house,
he order would not protect him or II he went and stole
ig hs oder would Mt Iitteot him. 1t is what he is
commanded 10 do by the order that the der protects
i'm against; end it should protect BIN against that.
He must follow the line of his orders OF he be
protected
Mr. hDMUNDs. Does the Senator nom New H,mp.
thine mean contend that in degree in the
execution Of one Of these orders and not in hind tan
be made the ,ubjsct Of an action under this statute
MI NIhhh. suppose II wtud be In that case ex-
ASly a. m ohU cHses parallel to ", that that excess
in degree showed that The man wrtAtifg his ven
etanoe and dong mFohief instead Of fairly following his
order, u Ntuld lot protect him
MI Nun DE-. Leaving aside the question Of mo-
i've Nee vas IN fac IN t1ee,t in d'giet what then
MI CLARK .uppo'e the question Of motive must
be leit 10 The jury who NY the eue
Mr. EDMUNDe. But suppOse leaving aide the
question Of motive the, find hs, in ONT Of fact the
Mr. CLARK. Who decides the question Of me tive !
Mr. EDb UNDs. Suppose We leave tina aside alto
gsth'r and hrd hat in point Of fact the in
degree in ibe execution Of The &C. to be done.
Mr. CLARK That would be a question fer the court
Dtrely the jury to The excess b,cAuse " there
was great excess you would infer fom that bad mo-
Mr.. EDMUNDs. suprose there was not great ex
GEES. Tut merely stme .xeetsf
Mr. CLARK 1hen it seems to me II there was a lit
lie excess, be did inti H. and you lay the mo
tive aside II should protect him and there no great
complaint OF thing Of that kind 10 not worth
planning of 1t 10 distinction without difference al
most
Nj cowAN That !, puinip,n
M GlAhK GO Mr.. 1emsn4 Iinov, non et,at
the Chair.
MI cowhN. nws. Latin.
Nj. tlAbK do ,undsrithnd that attn IL with
cut the ofou Of the senate What desi Is IIotsc-
lion TO these men IN acts Of tn lind We do not
zine TO ,hiea. any dy Who has bten guilty. Of doing
what OUGHT not to b, doIs, OF VITO has under such
oidsr pndftktn 10 week his Vengeance OF do
but Il 10 pfoyidd for Il, 10y al men Of the county who
have ben engaged in putting this rebellion and
fin ,ht great iuug gle hai vel ave been obliged me Ike
Va q 4 AZ NJ q
obliged 70 excuse ih,m 20 Protect the great mas,
had be e DO thtn l,t the servants Of The Republic be
tolmtpitds - hey are in the couTtt.
MI CO NNEs VIII The Senator permit me a woid
dttt suggest 10 the ttpaioI that We are ,vty day
aisn,iig tmi,sy ioisbtl. for ID, ifhesi emo Known
10 The law. Who 10 against sitn,iI tmI,siy TO ttme
hyal men Who have been hehlipt tht balssf That IL
tlt suggestion j ire 10 make.
Nj CLARK 1t is very pertinent 'useett on =
1bote mtn Who have tttp iuitUiDg our told eIs and
mu dsiinR thin Nei,whue ih'y could brd III,
ave etmhR here to the PIesidtn; Of the United States
10 iho,e having power and mploins pardon foI all then
Mr.. CONNBs. And they seiit
Nj CLARK And they set II. But in regard to
ihie Union soldiers who have Gene at your call and
msIth'd under your orders and pitteved y VI Govern
msnl eayil II the Senate and House Of Rep.
rtstntHNts piopoe TO extend to them the hand Of ITo
tect and ~ iect them nom the very whom n ty
have b'sp bphinp 10 save youi GO,eIumtnt from Let
me say, Mr. President none but rebel OF rebel o. M
psihIu would sue ole Of these Who has lhus been
serving his country but II more than anything now
ihovs hat The onipps Of this scsused rebellion still
fingers that We are unwilling 10 DO this
know the Senator nom Penney wanna says II was a
very easy thii 10 be loyal man in New DtmpsiIe
Ibsn LIT me iry to him ibatue dsloyal men Of New
Hsmp'hhe, OF Psnnlyhsnia either we're without Il.
ense because there was not much difficulty about IL.
Nov Nj President, l appeal TO the Senate appeal
to the SsnAtoTs to know Wheeler OF these IL
TO be protected in ktntueky, he shall not be protected
IN OHIO, lndiara or Illinois. Did not have John
MoItan in Indians Did we not have various distuf-
hsnUt In lnoiti Did We not have Jchn Morgan in
Ohicl Ard shall not the who fought John Morgan in
Ohio and Indiana and obliged 10 seize a horse TO
follow HIM or seize boat by oIdu Of his commander
De protected MI President the shield Of my patriot
men whenever they are found who have been tue To the
Government
The stnAor from Penpsyl,ania would fnd out come
different and some better mode Of doing this and that
has ways bs,n the objtctoni when measure has
been liked II hat been bed, Cannot you find som G
better way" do not know any better way than to go
directly at IT, Say what We mean 10 do and do IT, and
dc not care copper whether the bUIoon Of proof Is
the pbinih or the def ndant p divided the
be projected srd protected BY the strong Of the
Government This bill comes to US from the House Of
hspisssnisiiws They hsmedt; they sad Il WAS the
one they thought AdaIsd the purpose and they
II for our approval. The Committee on the judiciary
have taken the hill and txAnintd II, and reported II
back 10 you with enc endn and asked that il ay
be paced. Some verbal and other am, Moments have
been made 70 H. VII oh perfect the bill and now
that this bill shall 20 on one ng in the rebel StAte
and On a etu',h in the loyal States.
Mr. FDhUNDe. Nj, President, II has Away ap.
ptAi.d 70 me IN the brief experience have had in this
world, that in The long run, passionate ltRitlAuon,
may 90 describe IT, con back 10 psgus those who en-
act H. and II has generally happened in the history Of
civilized conn uni that les itaon whith hAs been
enacted under the IL tuenoe OF Tasiion, how
complete and perfect might be the beauty q the object
81 ~, returned mule aud pusAtIy upon the heads OF