Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1866-04-21
:.'he Army Reorganization Bill.
SENATE.
WASHINGTON, April 20
PETITIONS.
A number OF petitions were presented and aphro
priatcly referred ~ - go


| steamship SAN francisco from perishing with tht
| wreck OF that vessel | 1t provides that the Presi,
suitable device to be Erc"eHod 10 Ttain Ge ~
Ton, CT TIE ship Three Bells, Of Glasgow; CAPTAIN
Stouner of the snip Autartic MS testimonials Of m
Gona gratitude for their gallant conduct in rcscuire
| T,y Americans from the wreck of the steamship San
| Mr. johnson offered an amendment to pay $50 Ga1
10 the olcers and crews of the three vessels for the
part taken by them in the rescue the same to be dis
| tri0uted BY the President MIR Johnson gave an oc
count OF the heroism and galiantry of the rescucrs
| AM the losses sustained by them.
| Inc amendment was agreed to- and the Joint reso-
| luton was then passed.
The unfinished basfaas3 bnAfE1s &C c9Rrgs adl,
to amend the act relating to the habcas corpus was
then taken up the pending question being on tho
| amendment OF Mr.. Edmond5 excepting States where
marital law did not prevail from tho provisions of
The yeas and nays having been ordered on this
amGndmenf 1t was disagreed to by ayes TO- nays 20.
| Mr.. salisbury moved to amend By striking ont the
Attn seG1ion which is as follows:
and be At further eH0cted, That if the State coIrt
shall, notwithstanding the performance of all things
required for the removal of the case to the Circnt
Court aforesaid, proceed further in said causn or
prosecution before said certificate is produced then
IN that ali such further PROCEEDINGS shall he void
and of none effect; and all parties iudrcs oaiccrs
and other persons thCncef0rth proceeding there mn
| der or by color thereof shall be liable in DAMAGES
lhGrel?r TO tue party %gsreyed to be recovered by
action IN court OF the State having proper uriSir-
ton, or in Circuit Court of the United States for
the district in which such further proceedings may
| nave Deen nai, or Wncfe tue officer Lr n
! person so offending shall be found, and upon re-
c0Yery OF damages in either court the party riutiT
| shall ne entitled to double costs.
NJ. Salisbury said this section was plainly unco
| stltutlona and II he judge Of d court i'm his
| State he should not obey it.
| Mr. Clark said he should not have made any
further remarks upon this bill but for the character
OF the uJteraRccS Of the Senator from Delaware MIR
| o4Hlshu')- They had had enough OF this kind OF
talk. IheSenator had used the same IangUage when
the civil rights bill passed, and il was time that
| rebellion, which had been crushed outside s6oml5
] hp l..
seen proper to rise here and repeat again aad again
that hs wall oppose the authoryof the Gov yernmeat
| Mr.. SaulSburyS2dE be had merely given his opinion
! that this section was unconstitutional. He had ex-
pressed no sentiments Of rebellion, no Intention of
Ic1lSI"lE t1o dutAotIty Oh the Government, and he
| asked by what right the Senator from New Hamp-
shire MIR. Clark LOOK upon himself to lecture ena-
| tors ont his floor for their opinions?
Mr. Clark said he hai no wish to lecture the Scna
tor, aud dId not claim any superiority, morally in
teliectually or physically over any one but he loved
MS country and would stand by il against all assa-
ants. lie thought it was time that all should know
! that the power OF tho Federal Government was
| supreme and must be 0beyCl.
| Mr.. salisbury said he had not supposed that any
| mind here was so obiuse as 10 charge man with
being robelliOus because he stated bis opinion lhat
law was in violation Of the Constitution. The time
had gone by when men were to be charged with dis
loyalty merely because they happened to disagree
Elth party opinions. lie did not intend to submit
70 any suoh asperSlOns upon his motives and he de
| sired the Senator from New Hampshire to be more
| careful IN the future.
Mr.. Clark said he meant nothing disrespcctfuI to
| the Senator from Delaware, but he certainly had
nothing take back lie should characterized things
! Just as they occurred to him.
| Mr.. Hendricks unable to SEQ anything in the
y6mark8 OF the Senator from Delaware to call forth
| such response from the Senator from New lamp
shire The Senator from Delaware was of the opinion
that the section was unconstitutional. and he (Mr.
| H. entertained tde same opinion.
| MIR. Wilson said there 5000 cases pending
against 9lce-s OF the Government for acts done in
the discharge o. their duty, IN the State courts Of
Mr. Clark said that one of those State courts had re-
| fused to admit in justification of acts done orders
from superior officers of the Union army but accent
| ed them when from the rebel army.
| Mr., Doohttle would suggest substitute to the
| Eenat0r from Delaware, which he thought would
| meet his views. He would move to strike out the
word Judges IN the fourth section. 1t certainly is
novel case to punish iUtgo for refusing to issue
writ Or decide upon question actually before him.
| 1r ITum0ull SAID 1t was not novel thing to pun
| ish Judge in such cases. There were both State
| and tegeral laws providing for it.
Mr.. Do0iittle said the Senator from Illinois (bIr
IrumbulD had sat down with air that his argl-
ment was conclusive, but he had not really touched
| upon the point, advanced by him, (Mr. D. He lMr
did insist that 1t was novel proceeding to hold
| Judge responsible for judicial act.
Mr.. Cowan said that the fact that this was Gov
| lost sight Of Gentlemen came here, who, when re,
| minded OF this fact, sniggered and laughed Well
tney bad right to do this thero was acthng IN the
CONSTITUTION TO prevent man from making fool Of
AmSt!!, o0t IL vas solemn thing, after taking an
0ath to support the Constitution to take the ground
| that was now advanced. What were the judicial
/ powers delegated to the General Government?
| Take the state of Rhode Island for instance. Did
two citizens OF that State when they had difficulty
go INTO the Unlted States courts to settle 1t? Did
the courts Of that State punish for baspheming
stealing by authority Of the General Government
or hy his own authority? Or take the immense State
| Of New Hampshire, represented by my friend hero
!Nlr. Clark who claims so much patriotism and who
lmpugnS my friend (Nir. Saulsbury who also repre-
| sentS small State where think there is as many
| EatrloElc men as n New HampShiLe: The Senator
from New Hampshire, Mr. Clark thinks it time that
This thing should be stopped 1t is time it should be
stopped that tyrannical and overbearng majority
should cease to crack the whip the heads of mi
/ biT,l fbo,r.
into submission by this? tell you it will not do fol
this Senate aetuatei by such impulses you can never
re tore your Union,
M Co~an then entered into his argument as to the
| power OF the General Government in the premises.
| Inc discussion was further continued by Messrs
| howard, DO0llttle and JO Johnson.
| Mr. Johnson.-Perhaps it may be less Objectionable
TO- amend the act as suggested by the Senator from
! Wisconsin, put he knew of no reason why judge
Shoul! not be punished well a subordinate Off
Ger. He (Mr. j. believed in the propriety of sus-
pending the habeaS corpus when the rebellion com
mencGd, because he believed that without Che sus-
| pension OF the writ it would be impossible to put
down the rebellion as early it should for the good
| OF the country and the good of humanity
! Mr. Doolitte again advocated the exclusion OF
/ judges tg0Il the penalties prescribed.
| The question was then taken on the amendment OF
| MIR. DOolttlc which was disagreed to-
The amendment OF Mr.. Salisbury, striking out the
| fourth section. was then disagreed to.
MIR. EdmondS offered an amendment, to follow the
END OF the hTSt section, making it the duty of the
Secretary OF war IN any suits prosecutions coming
| within the provisions Of this act 20 carry on the
demnify taa plaintiffs ard respondents for all costs
MIR. Sherman said this would be rather an expen-
| siye operation for the United States.
| Mr.. Williams said the effect of this amendment
would be to encourage litigation. There would also
fendant.
After some discussion, the amendment was dis
agreedtO to.
| Mr.. Howe offered an amendment making If tbe
duty OF the Attorney General and the several Uni
ted States District Attorneys in the cases to which
IaS act apphe TO defend such cases ut the request
| OF the respondents.
Mir. DoolittIe offered an amendment that in such
states and Territories where martial law did not
prevail, and the civil cOarts in full operation
such order snail be prlnd Jdcle defence provided
that it was not maleiously or oppressively done.
Ihe question was thor taken on the amendment of
MIR. Howe which was disagreed to.
Mr.. Hendricks offered an amendment, excepting
from the provisions of the bill acts done maeiousy
or with cruel or unnecessary severity on which he
demanded the yeas and nays, which being ordered
the amendment was agreed to by vote of IS to Is.
Mr.. DOOlittle withdrew his amendment, and the
pill was passed. The bill has heretofore been pub
lished by u.s.
On motion of Mr. Clark, it was ordered that when
the Senate adjournI it be to meet Monday next.
On motion of Mr.. Sprague, the Senate then ad-
journed.
HOUSE OF REPRESENTATIVES,
COMMITTEE REPORTS
This being Friday, the morning was devoted to the
consideration otrepors of private nature from the
committees.
Mr.. ward, OF New \ Ork, from the Committee on
Claims reported bill for the relief of Ishmael Day
to make some provision for the declining years of an
aged patriot who had planted the American flag in
front Of his door in Maryland, and. when the same
was torn down by the rebel raiders under the rebel
MAJOR Gilmore, had shot the raider dead in cOnse-
quence OF which, he had been driven from home
pennlless and wanderer-his house and all of its
contents having been burned. In this way the old
man had lost all that he had in the world amounting
to between seven and eight thousand dollars.
The Committee were in the habit of rejecting as a
general thing, all claims for losses resulting from the
war; but they thought this claim one of peculiar
merit and hardship and in the bill Just reported they
proposed not to reimburse the claimant for his loss
but simply to allow him pension of S42.50 per
of the amount of his loss. Mr.. W. said he thought
thai it the duty of this House to testify in this
practical manner its admiration of the singular de-
voton to the old flag which this old man had exhib
tied. He hoped that the bill would pass.
Mr.. Washburne of Illinois, thought the bill was
against the general principle of legislation.
Mr.. Delano, of Ohio, Chairman of the Committee
Claims, endorsed the bill He thought the case an
exceptional and meritorious one.
The bill was then passed Yeas lO6. Nays l3.
APPROPRIATION BILL.
On motion of Mr.. Stevens the House resolved
| itself into Committee of the Whole. and took up
cies in the public printing for the year ending une
30 1866. After few moments debate the committee
rose and reported the bill to the House without
amendment, and 1t was passed.
The bill makes the following appropriations -
To supply deficiency in the appropriation for nnh
lie printing Sll5,O00; to supply defcencyin the
preparation tor paper, S4500Q0 tosupply deficiency
Tor the public binding $95 00 the superintendent is
also authorized to employ clerk of class l