Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1866-04-21
VOL. XX---NO. 90.


ceeding ten, to be selected by the Secretary
Of War, who shall perform their duties un.
der the directiOn' of the Judge Advocate
General, until otherwise provided by law,
or until the Secretary Of War decides that
their service may be dispensed with.
The House passed to the confederation of
the 10th section, relating to the Quartermas-
ter Department. --...r t.T
Mr.. DAVIS moved substitute for the
section, providing for one Quartermaster-
| General, four Assistant Quartermaster-Gen
erals, eight Deputy Quartermaster-G Generals,
sixteen Quartermasters and forty-eight As
sistant Quartermssters.
! Pending the consideration of the section,
a movement was made towards adiOurning.
| On motion OF Mr.. STEVENS it was
| ordered that the session tomorrow be con-
fined to general debate on the Presidents
snnual message. -..... .-.-.a
Mr.. HARDING, from the Military Com
mittee, reported back, with amendments,
the House bills to educate the militia
| Ordered printed and recommitted.
On motion of Mr.. DEMING, the Military
Committee was discharged from the consid-
GRAFTON of memorial in reference to the
military reservation at Fort Riley. Re-
ferTed to Committee on Public Lands.
On motion of Mr.. M0REHEAD, leave
was granted Mr.. Washburne, of Illinois, to
report back the Senate bill to pay 7. 7.
Wilson, late United States Consul at Bahia,
Brazil, $1,000 for extra service, and all other
claims of his against the Government. Con-
sidered and passed.
= Mr.. EIDRIDGE presented memorial
from the Wisconsin Legislature for a grant
Of land, to aid in the construction of SO
much Of the Winnebago & Superior Rail
road as extends from Doty's Island to
Stevens Point. Referred to the Committee
on Public Lands.
Mr.. RICE, of Maine, asked leave TO offer
a resolution instrueting the Committee on
Banks and Currency to inquire into the ex-
pediency Of providing bylaws, by the con-
version of state banks, &c.. now organized,
into national banks, on or before the first Of
January next.
Mr.. ROSS objected.
The House then adjourned, at 4.3O p. m
SENATE.
Mr.. WILSON called up the Joint resolu-
tion providing that the President of the
United States be requested TO procure three
valuable gold medals, with suitable de-
vices, one to be epresented to Capt. Creighton,
of the ship Three Bells, of Glasgow, one 10
Capt. Low, of the barque KiIby, of Boston,
and one to Capt. stouffer, of the ship An
tartic, with testimonials of national graft
buQc lOI lItAE kdllGAh COuuuCL III IocCuAuR
about 5O2 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 otherwise appropriated.
Mr.. JOHNSON, of Maryland, offered an
amendment apprOpriating S50,000, to be dis
tributed among the officers and crsw of the
vessels named. .-r.
The amendment was sgreed to and the
resolution was passed.
The bill in relation to the hG5eas corpus
was taken up. The pending question was
an amendment of Mr.. Edmunds to exempt
frem naturalization unlawful acts COM
mitted by the army of the United States
in States where the hdbeas corpus was not
suspended. The amendment was lost by
yeas 10. nays 20.
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 Pacific railroad, on the ground that the
Committee are of the opinion that no fur
ther pecuniary obligations ought TO be as
sumed by the government to aid in the con-
struction of the branches Of the Union Pa
cife railroad. The Committee was dis
charged as requested.
Mr HOWARD, from the Committee on
the Pacific railroad, reported joint resolu-
ton to extend the time for the completion OF
the first 20 miles of the Western Pacific
Railroad to the lst Of January, 1867, which
was passed.
The following are the yeas on Mr.. Ed
MUNDS' amendment limiting the scope of
the act shielding military officers from the
consequences of unlawful acts in places
where martial law did not exist:
Buckalew, Cowan, Doolittle, Edmunds,
Guthrie, Hendricks,1 johnson, McDougal
Nesmith, Saulsbury-lO.
Mr.. Salisbury moved an amendment
making officers liable in damages, and said
that if he were a Judge he would pay no at
tention to the bill, believing it to be uncon-
stitutional -lI
Mr.. CLARK. Mr.. President: would not
take netice of the remark Of the Senator
from Delaware, but this is a second time he
has made such remarks. He said the same
thing in reference to the Civil Rights Bill.
If it be so that the rebel spirit which deies
the nation in the person of Judges and 9TH
ers has creps into the Senate, and shows
itself here the more the necessity for the bill
which we propose to pass. q | would not
weld to that authority so said the rebels,
sir and now, when the war is over, the
Senator from Delaware stands up and re-
peats that " he would not yield to the au-
thority of the United States" 1t is time,
sir, that this should be done with. 1t is
time TINT Senator Salisbury should under
stand that the authority of the United States
will be supreme, whether il concerns Sen
ator or the merest rebel soldier. This Gov
eminent must be obeyed. 1t is not worth
having if it cannot cause itself to be obeyed.
Mr.. .SAULSBURY-Mr President can
not possibly imagine anything have said
that should call out the very unbecoming
remarks of the Senator from New Hamp-
shire. Clark Who is he, sir, that he
should attempt TO lecture a Senator of this
body? Sir, assigned reason why, if l
was Judge, ] should not carry out the
provisions of this law, because l believe it
TO be unconstitutional authority, and !
should feel myself compelled TO execute
the law of my State. When the Senator
Clark gets up here and insinuates re-
bellion and a rebelliOus spirit to me, 1 have
only this to say-there is nothing in tha
Senator mentally, morally, physically or
otherwise that gives him the right to use
insOlYent language here.
Mr.. CLARK-I claim nothing morally,
claim nothing physically, l claim nothing
mentally, but I do claim to love my coun-
try, and, God helping me, l will contend
against this rebellion to the bitter end,
whether in the Senator from Delaware or
in him who is now confined in Fortress
Monroe. Sir, we have had too much
trouble from 1his spirit already.
Mr.. SAULSBUKY'S amendment gave
rise to lengthy discussion which was par
ticipated in by Messrs. Trumbull, Doolittle,
Williams. Clark and Howard.
Mr.. C0WAN discussed the judicial au-
thority conferred by the Constitution Of tAe
Federal Government The Government, he
said, was government of delegated power,
although many who came here as Senators
affect too sneer and snicker at an assertion
that could not be helped, as there was
nothing in the Constitution to prevent a
man making a fool of himself. He thought
it was about time for the whips to cease to
crack over the heads of the m minority in the
Senate. 1t was about TINA for the minority
to be freed from the tyranny OF the ma
jori y.
Mr.. JOHNSON, in the course of come re-
marks, adverted to the suspension OF the
writ of habeas corpus in the late rebel
states, and the trial of citizens before a NIL
itary commission. He believed that the re-
beIIion could not have been put down with
ont the suspension of the habeas corpus. He
also believed that the President had the
right to suspend it, but in this belief he diff
fered from the late chief Justice, who held
that Congress alone could suspend 1t. Re
fearing to the trial of citizens by military
commission, he said that he maintained now,
as he maintained before the commission
which tried the assassins Of the President,
that they were illegal and unconstitutional
He cited the case Of an English othcer VINO
caused the whipping to death of soldier
bv order of a court martial, for the crime of
mutiuv, and was hung many years after
wards: for the decision by which this othcer
was executed had never been reversed IN