New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-04-27
Thirty-Ninth Congress.
SENATE,

a% SENATE. ."
FRIDAY, April 2O-Mr. Howard asked that the
committee on the Pacific Railroad be discharged
from the further consideration of bill to aid in
the construction OF the southern branch of the Pa
cific Railroad, on the ground that the committee
are of opinion that no further pecuniary ooilga-
tons ought to be assumed by the government 10
aid in the construction of the branches OF the
Union Pacific Railroad. The committee were DIS
charged as requested .
Mr.. Howard, from the committee on the racine
Railroad, reported joint resolution 10 eNteua the
time for completing the first twenty mics OF the
Western Pacific Railroad to the LIST OF january
| 1867, which was passed.
Mr. Wilson called up the joint resolution request,
ing the President to procure three Valuaoie gol9
| to Capt. Creighton OF the snip lhree beiiS, ol
| Glasgow; one to Capt Low, OF the bark hiby, OF
| Boston and one to Capt. Stoutfer, OF the snip Ant
arctic. as a testimony of national gratitude for
| their gallant conduct in rescuing about five hun
dred americans from the wreck of the steamship
San Francisco, and that the cost of the same be
paid out of any money in the treasury not other
| wise appropriated.
| Mr. johnson offered an amendment that sum
not exceeding fifty thousand dollars be appropria-
| ted to enable the President to reward in such
manner as he may deem most appropriate the otii-
GERS and crews of these vessels that aided in the
rescue of the survivors from the wreck of the San
Francisco, and such others as distinguished them
selves by offices of heroism and humanity on that
occasion.
resolution, as amended, was passed.
The act amendatory Of an act in relation to the
habeas corpus was taken up.
The bill grants indemnity to officers of the
army for acts committed in aid of the suppression
of the rebellion, and exempts them from liability
to civil courts for such acts.
The pending question was upon the amendment
of Mr.. Edmunds,, that the provisions OF the act
shall not apply to facts committed i'll States repre-
scented in Congress during the rebellion, and in
which the habeas corpus was not suspended.
The yeas and nays were demanded on the adop-
ton of the amendment, and the vote was as fol-
lows:
| Yeas-Messrs. Buckaew, Cowan, Doolittle, Ed
munds, Guthrie Hendricks, johnson, McDougal,
Nesmith, Saulsbury-l0.
Nays-Messrs. Anthony, Chandler, Clark, Con
ness, Cragln, Creswell Foster, Grimes, Henderson,
Howard, Howe, Kirkwood, Lane of Kansas, Lane
of Indiana, Morgan, Nye, Pomeroy, Ramsey,
sherman, Stewart, Sumner, Irumbuli, Van Win
kle, Wade, Wiley, Williams Wilson, Yates-20.
Mr.. Salisbury moved to amend the bill by Strlk-
| ing out the following:
SECTION 4. And be IL further enacted, That if the
State court shall, notwithstanding the performance
of all things required for the removal OF the case
to the circuit court aforesaid, proceed further in
said cause or prosecution, before said certificate
is produced, then in that all such furth pro
ceedings shall be void and of no effect, and all
parties, judges, officers and other persons thence,
forth proceeding hereunder, or by color thereof,
shall be liable in damages therefor to the party
aggreived, to be recovered by action of court Of
the State having proper jurisdiction OF IN circuit
court of the United States for the district in which
such further proceeding may have been had, or
where the party, officer or other person so offend
I ing, shall be found, and upon recovery of
damages in either court, the party plaintiff shall
/ be entitled to double costs.
| Mr.. Salisbury, in a few remarks on the above
said that if he were a judge he would pay no at
tention to the bill, believing it to be unconstitu'
| tlonal.
Mr.. Cark-Mr President, l would not take no.
4 tiaab Of thp rks nf from
| but this is the second time he has made such re-
marks. He said the same thing in reference to the
civil rights bill. If it be- sir that the rebel spirit
| which defes the nation in the persons of judges
and others has crept into the Senate of the United
States and SHOWS itself here, the more the neces-
sity for the bill which we propose to pass. 6. I
would not yield to that authority So said the
rebels, sir and now, when the war is over, the
| Senator from Delaware stands up and repeats that
| he would not yield to the authority OF the United
States. 1t is time, sir, that this should be done
| with. 1t is time that the Senator (Saulsbury)
should understand that the authority OF the United
States will be supreme, whether if concerns a Sen
ator or the merest rebel soldier. This government
must be obeyed. 1t is not worth having if it can
not cause itself to be obeyed.
\ Mr.. Saulsbury--Mr. President, cannot possibly
imagine anything have said should call out the
very unbecoming remarks of the Senator from
New Hampshire (Clark,) Who she, sir, that he
should attempt to lecture Senator of this body
sir, | assigned reason why, if | were Judge, !
should not carry out the provisions of this law be-
| cause believe it TO be unconstitutional. What
did say about resisting the authority of the Fed
era government except in the inerpre tation Of an
act of congress, il were sitting IN Judicial ca
| pacity Was there anything, sir, discourteous to
any member of this body, anything disreputabe to
| the authority of the government of the United
States in such declaration! Sir the idea did not
enter into my mind at the time stated fact that
sitting as judge, and believing the act to be with
out constitutional authority, should feel myself
compelled to execute the law of my State, when
| the Senator Clark gets up here and insinuates
rebellion and rebellious spirit to me. have only
this to say, there is nothing in that Senator, men
tally, morally, physically or otherwise, that gives
him the right to use insolent language here.
Mr.. Clark-Mr. President, | desire to use no in
solent language. / shall not be discourteous to
! the Senator from Delaware, or any other Senator
| | hope, and shall not be dscourteous to the
Senate of the United States. | hope | shall not
be discourteous to the government Of the United
States; but when the Senator from Delaware, or
any other Senator shall rise repeatedly, time after
time and say here, IN the presence of the Senate,
that he will not obey the authority of the United
States, it is time, with due Difference to him, that
the spirit-not the Senator, but the spirit-of re-
bellion, which crops out in that way, should be re-
buked. claim nothing morally, but do claim to
love my country, and, God helping me, will con
tend against this rebellion to the bitter end Of it,
whether in the Senator from Delaware or in him
| who is now confined in Fortress Monroe. Sir, we
have had too much trouble from this spirit al
j ready. If the men who have been engaged in the
rebelon accept the Sltuatl0n, let them accept IL,
sir; but let not the same spirit and opposition
/ which begot the rebellion be manifested in the
Senate of the United States. We owe it to the
people of the United States who have stood by us
through the rebellion that this Senate shall be free
from expressions of the kind, and if the Senator
from Delaware rejoices that the rebellion has been
Eput down, let him put away the spirit which pro
duced the rebellion and accede to the authority OF
the general government. M .tI.. N ss g.
Mr. Saulsbury-I shall not continue this contro-
yersy here. simply rise to repeat that there was
nothing in the remark that ] made to cause any
limember of this body to say that II would oppose
the authority of the Federal government. | said
that sitting as judge and being called upon to
act, if this act was produced before me, | could
not recognize it as constitutional law. 1t was
simply an expression of opinion. 1t never occurred
to me, sir, that there was intellect in this coun.
try so ohtuse as for one moment could suppose
there was any spirto of defiance to authority, any
rightful authority of this government, State OIL
Federal, in what said. The Senator from New
Hampshire (AIr. Clark) to exhibit his patriotism
has chosen to indulge in language unbeconling this
place, and which trust he will not repeat. o.
one thing he may be assured sir: that while
wish to have kindly relations with every member
of this body both in the Senate and out of it, nc
imputation upon my just and proper devotion tc
my government will be submitted to; and woult
ask the Senator from New Hampshire to be more
cautious in the use of language. The time has gone
by when sensible men INDUCED in reflections up0r
the motives of others, simply because they may
differ in their political views in their nterpreta
ton in reference to q statute, whether State OF