Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-04-24


W.sHrOeroN, April 20.-SRGtG
The bill in relation To the hoocos cO'1'd'
e W. taken up. The question was on an
amendment of Mr.. Edwards, 20 exempt
from indemnification unlawful acts com,
mitted bv officers i'm States where tht
| Lqbfas corpus was not suspended
Amendment was lost by ayes 10, nays 90
Mr.. Howard asked that the COMMITTEES
ON the Pacific railroad be discharged
from the further consideration Of bill
10 aid in the construction Of the South
ern branch Of the Pacific railroad, on the
ground that the committee are Of opinion
that no further pecuniary obligations
ought TO be assumed by the Government
10 aid In the construction Of the branches
Of the Union Pacific railroad. The COM
mittee was discharged as requested.
Mr.. Howard from the Committee on
Pacific railroad, reported joint resolu-
tion to extend the time for the compile
| ton OF the first twenty miles Of the
Western Pacific railroad 10 the first o.
January, 1861, which was passed.
AIr Cowau discussed the judicial au-
| thority conferred by the Constitution
upon the Federal Government The
/ Government, he said was Government
I of power. Although many who cane
/ here as senators affect 10 sneer at the as
I sertiOn, thar could not be helped, as there
/ was nothing in the Constitution 90 pre-
| vent a man from making fool Of him
/ self he thought il was about time i)r
/ the whip 20 cease TO crack over the hea Is
of the minority in the Senate. Ii was
about time for the minority TO be freed
I from the tyranny of the majority.
The question was next taken on Mr..
I Salisbury ; amendment 10 strike out The
/ fourth section. Disagreed 10.
Mf. EdmOnds moved TO amend he
/ first section By providing that in all suits
/ against officers referred to in this act, the
I Government Of the United States shall
pay all damages and costs. This was
disagreed To-.
Mr.. Howe offered an amendment max
I ing it the duty of the Attorney General
and of District Attorneys to defend all
oificeIs in United States courts, sued in
I the cases alluded to in the bill. This was
disagreed TO.
Mr.. Hendricks moved to amend the
! following clause of the first section, bat
no such order shall be a defense to any
suit OF action for any act done or COM
mitted, OF 10 be done after the passage Of
I this act, by adding the words, no, nor
I for any act done with malice, cruelty, or
unnecessary severity Adopted yeas
/ Is, noes Is.
Mr.. D0olille offered an amendment to
[ the first section, to the effect.that the or
/ der of a superior officer shall constitute,
l in those States and Territories where
martial law has not been declared, or
/ where the administration of civil law has
not been interrupted, . priHin fdcie de-
fense; and in case it shall be made 10
appear that such person acted under such
order not malici0usly or opp-essively,
such defense shall be conclusive.
Mr. D0olittle subsequently withdrew
his amendment.
The bill was then passed, yeas so,
nays 4.
The Senate then adjourned.
Mr. Deiau0, from the Committee on
Claims. reported a joint resolution author
izing the remission to John Wells & Sons,
Of Baltimore, Of so much of he Ien-
atty incurred by them by reason Of their
failure 10 comply with their contract OF
October 4, 1863 for repairing the steamer
City Of Albany, as may be covered by
the actual loss Of the Government by
reason Of the delay in completing the
repair of such steamer. Nj. Deiano
explained the circumstances. The joint
resolution was read three times and
passed.
Mr.. Delano. also from the same COM |
miItee, reported back the Senate bill au- !
thOriZing the Secretary Of che Treasury /
TO issue to the order of G. Elswood, Of |
Providence, r. J., two one thousand dol [
lar 80 bonds, in lieu Of two such bonds, I
numbered lO4I52 and I04 I53, partially |
destroyed 10y fire, and the chared remais /
Of which are deposited in The Treasury. |
The bill was considered and passed.
Mr.. Washburne, Of Illinois, offered a I,
resolution which was adopted, directing I
the Secretary Of War TO communicate TO /
the House the report of the mixed board 4
Of engineers and naval officers, Of which /
Commander Latimer was President, and /
Majors Chas. L. Barnard and Beaure- /
gard were members In 1851 and 1852, and |
the report of Major BeaUreglrd, in 1852 |
OF 1888, relative 10 the success Of the ope- /
rati0us Of the Cav Company in deepen /
ing the southwest passage by contract
The House then prOCCeped 10 the con- !
sideratiOu Of the bill 70 reorganize and I
establish the army Of the United States, !
the pending question being on Mr.. Ihay- /
er's amendment TO the 10th section, re-
lating to the Adiutant Generals depart
meut
Mr.. Schenck moved to amend section
o., adding Tie following provisO: Pro
vided tlssE nothing in this section shall
be construed To yacate the commission
Of any officer now commissioned as as
sistant adiutaut general, but only TO
change the title TO adjutanL in the case
Of those who rank as lieutenant colonel 4
or major, without affecting I'm any way
their relative position or terms from
which they take such rams.
Thal3th section as amended reads as
f1lloe = Ind be Il turtle enacted, That
the Ediutaut Generals Department shall
hereafter consist of the officers BOW Ru-
thorised by law, and their rank shall be
as follows, namely: One adjutant gen
eraI, with rank, pay and emOluments Of /
a brigadier general; four assistant ad-
iutaut generals with the rank, pay and |
emOluments Of colonel of cavalry; five 4
assistant adiutant generals with rank, 1
pay and emoluments of lieutenant colo
nels, and ten assistant generals with 4
the rank, pay and emcluments Of Major /
OF cavalry.
The House then proceeded to the con-
sideratiOn Of the 14th section IN regard /
to inspector generals Of the army, which |
is as follows:
Sec. "A. d1d be Il further enacted, That 1
there shall he four inspeo tors general Of /
the army, with the rank, pay and emol- 4
Of q colonel OF cavalry, and four /
assistant inspectors general, with the |
rank, pay aud emoluments OF majors Of 4
cavalry.
The House proceeded TO the considera- |
ti0n of the fifteenth section, relating to 1
the Bureau of Military Justice.
Mr.. - moved 20 amend by insert 1
ing after the words military commission 4
erS. the words " authorized by law
Mr.. Bingham opposed the amendment /
rs covering a reflection upon the late /
President.
Mr.. UpsOn moved an amendment 10y |
making ID read under the laws Of war. - I
After some discussion, both amend |
meuts were rejected.
Mr.. Garfield moved 10 amend 10y /
striking out the words military COM !
nissioners, o. and called for the yeas and /
NAYS. Amendment was rejected by |
yeas "a nays 20.
The House passed to the consideration |
Of the 18th section relating TO the Quar- f!
termaster's Department..
Mr.. Davis moved "a substitute for the /
section providing for one quartermaster- /
general, four assistant quartermaster- |
generals and depgty quartermaster- |
generals, sixteen quartermasters and |
foriy-eight assistant quarfermasters.
Pending the consideration Of the see |
ton a movement was made toward ad |
jounment
. on motion Of Mr., Stevens it was or
dered that the session tomorrow be con-
fined TO general debate on the Presidents
annual message.
Mr. Harding, of Illinois, from theCom-
mittee en Military, reported back with
amendments, the House bill TO educate
the militia. Ordered printed, and re-