The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-12


us examination by members and for discussion.
u was certainly ~ grave question 40 had engaged
the attention Of svsn this Congress whose time has
meot IL did not strike him as applicable % tho ppses.
dent put by the chairman OF the Judiciary Committee
ne NE mol satisfied with the argmen. as !, now stood
spher, OF Congress az the time the rebellion was
actually raging was necessarily precedent Tor action
TO-DAY. Whatever might be the theory the posi-
ton o. the late rebel states IL could be denied that
they we're not In stare Of teto G,orrnfc He
eyenl heya no az, o, ~ - ehona ~
10 ter representation hero and 10 their reprefe
IN tn Electoral College. He also believed with equal
sincerity that there q limit 10 that power aud that "
ah no. lie with Congress under oil circumstances and
a cass IN time OF peace well as OF 70 say that
certat States shall not be represented in Congress- He
therefore urged the gentleman who Ind reported the
b ao - force action IL this morning, but 10 allow
70 DC rned and made special order at any early day
ne void not say that he woud then be found In oppo
ston 70 II. lie might be found supporting H. But to-
dy DO was not prepared 10 record his vote on 20 import
Mr.. NLsos assenied to its postponement, ana his
motion the bill was made special order for Thursday
next, AID ordered TO be printed
THE ftdsHMESr OF CERTAIN cRnss Against THE uynrD
Mr.. VnSoS OF Iowa, from tho same committee, re-
ported OIL 10 repeal certain parts of the of April 30
isvo r The punishment Of certain crimes against tho
United States " repeats much Of tho provides
that no shall be pro uted tried or puIshcd for
or other capital offence Except the Indictment
therefor shall DO found BY grand Jury within three
years nSt after tho treason or capital offence shan he
connited and provides that persons guilty 81 trea
son Or her offences may at any time he indicted, tried
and punshed therefor
MT LAWRENCE, trep.) or Ohio, explained aud advocated
the provisions Of the bill.
M saLLAa,RckR, trep.) or Ohio. Inquired whether
tne n soud allow the trial Of persons whose trial was
now bar by the act Of $780, :,
MT LAWRENCE replied IN the negative. Where tho
crime WAS already barred act could revive tho night
10 prosecute
y, Mr. srunIse inquired whether the bill imposed any
Limitation whatever.
MI LswREsc. SAID II did not
Mr. SrlLDsG asked whether II would not he better to
simply estend tho time for prescott ron.
Mr L.wRhScE thought not. There limitation
Tor murder cases IN Ohio State whose jurisprudence
nad been Illustrated by his distinguished colleague
MssetskINc rep Of N, X, asked whether tho
whole purpose Of tho bill would not DO accomplished by
repeating tho statute Of Limitation, and whetherh were
worth vale to attempt 70 do IN this bin what
oience which IT, IN TRUTH outiawed IN tho offence
dead any law that sought TO revive u past acto
law.
Mr. LAWRENCE said that IL this bill did not pass ali the
early treason Of Jefferson Davis and those who co-ope
rated VITA him would be entirely exempt from punish
tuition of the purpose OF reaching the early of
those who naugaraied the rebellion.
Mr. srryESs, trepb Of Pal have ALWAYS iool ed upon
bs thai have evidently been prepared for purpose
Of ascertaining how we can convict men whom
not convt under the laws under which the crime
committed with great distrust do believe that II
becomes This nation. do not believe that II safe for
US 10 undertake. TO pass laws by which punish
men, however guilty., who could not no punished ander
the laws Under which the crime committed Can
we now aller the constitution change the piace
OF trial OF traitors and that the may changed
and that hey shall bs trod by mmoped from
another baiwck2 The constitution anh our laws
provide carefully that especial cases
be tried 10 the place where tpo overt act IN committed
or a district previously asceriansd by law and by
Jury from that baiiiwick Any law mat proposes 10
change that In any OF It's features hooks much
Ike attempting kind OF judicial mnrisr that
always afraid 10 touch H. | aware that II the
traitors Of the South TO he a. oil under our existing
constitution not one NJ IN I'M would convicted
should nes " attempt 10 try them for should
Try them - pcigrents under the laws OF nations and
under the laws II f8s
MgsBsR That il what you would do IN you were the
administration
Mr. srKysSs-I am speaking OF what would do when
get into the admin wtrsion d.anebterl know that
any attempt try them lpr Treason wound he failure
although would not discourage tho attempt. Bnt
mention THIS 10 show that am fully sensible that
OF them, under present constitution and laws
ever bc consiced and vet would rather let every
OF them run unpunshed for ever tbrn make hw by
which they could bs Punished think orr government
would cndaDgr s future existence aud It's character
for justice before tho world. tnink the
British government Tered from the murder ~
Lord Russell. although IL IN execution or the
tence ~ CONT, than II would have suffered ny the
escape Of fcrtv traitors think THIS government had
better be careful how u hampers ether with the rfmc
the remedy for H. II Is better 10 forero remedy for
the crime which this world Will view parity f,c q. :,
and partly a political offence than 20 atiemp, 10
pass iaws -, neefactorx nav cssne This proasse~
To be- blll u Indefinite the true fpr prosecution
for one Of to.e oRene,. which Of All os-vr should he
quoted by lapse ~ tina Murder il a diuer.nt thing
There many engaged not only IA treason but In
rebellion that there must ne some quieng Law, and
follow livery traitor escapes who IL not prosecuted
within three years from tho time ~ the offence rho
statute OF Limitation IN any casc, except II I'm
possible 70 enforce tho remedy II only runs from Inc
time when ltn possible 10 enforce H. For instance,
Benjamin y ~ Europe, 80 sldsil do not suppose
any body would say that while BENJAMIN absent
beyond the sens the statue ~ limitation would run
II only from tbs time when he be prosecu, cd
and Is prosecuted. Whether that be- pot dur
ing the con,nuancc Of the war The crime odnlinaed
II was q utnung offence aud that offence continues
% 70 tho me when peace shail he proclaimed. II
has ern med \ ku.r hat
up the has forth pieces Of paper which
ne thinks sanal 70 tho procanston Of james OF Charles
but they n no importance and the question pereo
yet 10 he decided by Congress, ] say there Is
peace fsensdiion This nation Is stli belligrr
condition and the conqferc bsliIgereuA iu the
power OF the conqaeros 20 ne dealt With captye sgd
not ~ criminals. Ca, therefore, neccssity
Of this bill; but 4 there were necessity for should
certainly objet 70 any alteration Of the law, -
exists with reference 70 Rson. which would enable tho
government 70 convict where II - comics ed II could not
convict under Tho law a. il stood when the crime
WAS committed should bo very glad 10 SEQ con
dign punishment inflicted many ~ these
although not capital pom shment read Beccsna when
J was q boy, and have never forgotten the principles
which he aid down have never hcon for bloody pom.
ishmsnt. 10 not consider that there wa sufficient
aonemcnt m sde ~ the execution Of tsat magnificent
leader IL The rbeion 'I.icketty' wrl the Dulrbm
with tho hun, bark who only oheyef the orders Or hs
superior oac1s, ansgho, q he we're tired IN ordinary
times, aud aA1fdlng 10 Law, would hav. Teen
convicted, htaesa biz government ershe 10,
him. rhc asa that The s,sr,a'iou o. nv arly
thousand 10 he stoned Tor by the ~
OF the ksI.re 81 the prison. instead ~ b~ng waited
on his govern neni n absurd
Here toe sisfggK interrupted announcing fhst ths
morning hour lad expired, ana that tine bill Gboold
til o-In1tf0a
mE sAis ~ c5s aSr srLios ~ nm sgrnsTafy ~ fns
rgkAwGNY
Mr. fyeSxoI, rep q ~ asked leave % introduce
= h.l regulte the sale u coin and tulirn ny the
re Rotary ~ ue Treasury
Mr. wasHWcs, rsp u III calle,i tor u. reading.
The bf read. II directs the - fatsry 81 the
Treasury, 1hf,ayef the am0ant o. Syd aud silver nc
Treasury efcda nfty millions, and wien me interests
~ the government require ~ Nnlo to give pnbc notice
for al H. ot ~ ~ days u his desire cfsct aie
81 the sro1ut BE- cold, and ~ ghst pero1 and sBal
receive sealed ifoposss Tor the parehss ~ any ya,t
thereof The re9sary H. Wastnztoa, sEd tls award
The sale u the grest bidder "a bdGer yfot6 me
secretary may rert ~ the bds aud aiso pfO. Tia,
'he amount 10 Ne Treasury shau not bs rsauccd
hfy Million; and 1iso PROVIDED that bidders shalt ds
post tvs per cat ~ the amount nd Tor.
Mr. wa-Wr,usr ~ III sd thai The tendency ~ sch
a bl wsgld b " pa ne whoe hing N tie control ~
The cold enrnbtr 10 WsL STREET
Mr i~agnll taid that, he contrary, " void take