New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-04-21
NETWORK, SATURDAY, APRIL 81, 1866

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 ~
the remark that made TO cause any member o. ms 9od
say thai would oppose the authority o. 'ne ns sS,na
called upon act if this act was produced before me
could not recognize 1t ar constitutional law III Was
simply an expression OF opinion. IL never occurred
| TO me. Sir. that there wa. an intellect in this
country obuse for moment could suppose there
any spirit Of defiance TO authority any nghtill hu
hon'y this Government state OF rede W la WIN" :,
exhibit his patriotism, has chosen 10 indulge III Language
unbecoming this place. and which trust he will not re-
peat. OF thing he may be assured, Sir, that while
wish 10 have kindly relations with every member OF this
body both in the Senate and out Oft 10 mpuauon upon
my just and proper devotion to my Government VIII De
New Hampshire to be more cautious IN the use
| Of language. The time has gone by wncn
sensible INDUCED in reflections upon the motives o,
Others simply because they may differ IN Their political
views in their Interpretation in reference TO statute
whether State Federal. Now, Sir, have sought no
controversy with that Senator any other and hereafter
in the past if believe that an act Is unconstitutional
will say So and have much confidence IN my own
Judgment in reference to questions OF Character as nave
in the Judgment OF the Senator from New-lampshire
Mr.. CLARK-Mr President, have heard the Senator
remarks, and do not beg one jot or title from what
have said meant no disrespect TO the Senator but
simply TO rebuke a spt manifested here II have occa-
sion to say again what have said shall certainly say it.
Mr.. Saulsburys amendment gave rise TO long discus
sion, which was participated in by Messrs. Trumbuli,
Mr. DooIITTLE moved to amend the amendment by
striking out the word Judges after the words all
pWtes," J..
the Constitution upon the Federal Government. The
| Government, he said, Government of delegated
powers although many who come here as Senators affect
TO sneer and smoker at the assertion That could not be
helped there nothing In the Constitution to pre-
vent making fool OF himself He thought 1t was
about time for the whip to cease to crack over the heads oi
minority to be freed from the tyranny OF the majority
Mr. Cowan then argued to show that the jurisdiction OF
the provided for in the bill belonged to the State
| Governments and not to the Federal Government.
Mr.. JOHNSON, in the Of some remarks adverted
the suspension ofhe habeas corpus in the late Rebel
States and the trial of citizens before Military Commits
sions He believed that the Rebellion could not have
been put without the suspension OF the habeas cor
pus He also believed that the President had the night to
suspefd it, but in this belief he differed from the late
Chief Justice who held that Congress alone could sus
pend ~ Referring 10 the trial Of citizens by Military
Commissions, he said he maintained now, he main
tanned before the Commission which tired the assasslns
Of the President that they Illegal and nnconstits-
tonah He cited the cate OF an English officer, who
caused the whipping to death Of soldier, by order OF
court martial for the crime muny and hanged 20
wears aerward for doing The decision BY which this
officer was executed had been reversed in England
Sir. Doolites amendment was dissgeedto.
The question taken Mr. Saulsburys amend
nent 20 strike out the fourth section The amendment
disagreed 10.
Mr. EDMUsDs moved to amend the last section by pro-
vidng that in all suits against officers referred 10 n the
act the Government Of the United States shall pay all the
damages and costs This was disagreed TO.
Mr. How offered an amendment, making II the duty 81
the Attorney General and the DisnctAttorneys 10 de-
end all officers in the United States Courts sued IN the
cases alluded 10 in the bin. This disagreed TO.
Mr. UEspRIcKs moved b. amend the following clause OF
the first section: But such order shall be defense to
any sut or action for any done omitted TO be done,
after the passage Of this act by adding the words, nor
for any act done With malice cruelty unnecessary Sc
verify
Adofted Yeas, IL; Nays, l6.
Mr. DooLIILg offered amendment TO the hrst section
10 the effect that the order o superior officer shall con-
stue IN these States and Territories where maral-lav
has not been declared where the administration OF civil
law has not been interrupted, a. PTmd tdcie DEFENSE ana
In case shall be made appear that such person acted
under sch order not macionsly, or oppresse sueh ue
fen,e Il ~ be conclusive.
Mr. pooLrrTlE subsequently Withdrew his amendment.
MI sAUsBuRY demanded the yeas and nays on the
passage Of the bill. The bill passed. Yeas 80 Nays =
Mes.rs. BuckAlcv, Guthrie Hendricks and salisbury
Mr. CLARK moved that when the Senate adjourn, II be
a. nee, Monday.
The Senate then adjourned at 80 p. m.
CORRECTION.
The following has been sent 70 from the Associated
Press.
The following appears the report Of the Senate printed
in Friday papers:
additional information his last the eIpedieny
the Bureau Of Indian Affairs from the Interior Depart
met O the War Department
IL should have been On follows; ,
Mr. sRxHsAs resolution calling the President for
additional ormson his report ~heh be may have M
rsion condition Of the Southern States IL was adopted
offered resolution which was adopted drecun5
mastering bureau OF Indian Afsirs from the Interior Depart
to the Wal Department