Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1866-12-18
PROM WASHINGTON.
CongressionnI Proeeedines

Senate communication from the Secreta-
~ Of War, in response to a resolution call
aug for information in regard to the appoint
ment of commissioners to award compensa-
ton to loyal owners Of slaves, who vOlun-
teered or were pressed into the military
service Of the United States, during the
war, from certain States. Commissioners
had been appointed for Maryland, Missouri,
Kentucky and Delaware Three thousand
eight hundred and sixty-seven claims are
filed by the Maryland commissioner seven
hundred and eighty-six were allowed two
hundred and nineteen rejected, and two
thousand eight hundred and two returned
two returned to claimants on account oil
dissolution Of the first commissioner. An
other commissioner had been appointed for
Maryland. The matter was finally referred
to the Committee On Military Affairs.
Mr.. Trumbull moved to proceed with the
consideration Of a bill TO repeal the thir-
tenth section of an act to suppress insur-
recIion and punish treason. Said section
provides that the President may extend am
nesty to persons who have been engaged in
rebellion, on such conditions as he NAV
deem expedient for the public welfare.
Mr.. Hendricks reminded the Senator
that the bill to admit Nebraska was pend.
ing, and said, having the floor he desired
to finish his argument on that subject, and
several Senators on the Democratic side
desired to speak on this bill
Mr.. Trumbull thought the consideration
of this bill might be finished before tbs
expiration Of the morning hour. The mo-
ton was agreed to.
Mr.. Judson was under the impression
that the power referred to now resided in
tn resident, under the constitution.
Mr.. Trumbull said, of course this section
would not repeal the constitution its only
effect was to repeal the 18th section of the
act. The impression was common is thi.
country that this bill took away the power
of the President to grant pardons that was
erroneous; it was not in the power of Con.
gTess to take from him that power; these
questions had been settled years ago by the
Attorney General and the Supreme Court
Attorney General West had subsequently
given his opinion to the effect, that pardon
was Of the offense and not of the convic-
ton; that the conviction was no evidence
of the crime.
Mr.. Trumbull cited decisions and opin-
ions to sustain his proposition. According
to Gen. Towards report, the President had
restored five or six hundred acres of land,
confscated property, to pardoned Rebels.
The President certainly had not the power
to restore property, where the rights OF
third parties had interviewed. The reason
for the advisability Of the repeal of this
section was, that it provided for the Presi-
dents lcc1aTnor Frnol at Of
nesty. Congress could not take from him
the power to grant pardons, but they could
recall the power which had been misused in
pardoning and restoring property, and no
longer continue the sanction of Congress to
such a course.
Mr.. johnson said the power conferred by
the constitution on the President was as
large as it could make it. He supposed.
when the power was absolute, it was for the
President to decide on particular cases,
whether in the form of proclamation or
otherwise. General Washington granted
amnesty to those engaged in the whisky
Instruction, and that authority had never
been questioned. He quoted Hamilton to
show that where there were many con-
cerned in an instruction, they might be
pardoned in soTe general way; that the
power of pardon should be as little as posi-
bic fettered or embarrassed.
He quoted Hamilton further in favor of
investigating the power of pardon Of the
President; in some cases it required, he
said, the concurrency of Congress Proc
lamations might be necessary in times when
Congress was in session, to influence imme-
diately any insurrection that might exist.
The morning hour having expired, the
Senate proceeded TO the consideration of the
order of the day, which was the bill for the
admission Of Nebraska as a State.
Mr.. Hendricks then resumed the hoer.
and spoke in opposition to the bill. He re-
piled briefly to Mr. Wade. He said he
would regard this bill, if passed, as pre-
cedent and as any State admitted into the
United States had right to come in, with
out regard to her institutions, or any other
not contained in the eonsti-
tuition. He said that in many respects the
act had not been complied with,
30, as asserted by Mr.. Sherman, no provis-
ions Of State Constitution had been framed
by a convention Of the people. This con-
had been formed by the Legisla-
ture, and therefore was without legal au-
Lhority, and the people had not even rati-
fed that action.
He contended that if Nebraska had
The requisite population, the vote ought to
have been as high as twenty thousand, but
only 1898 persons had voted for the con-
he did not believe there were
lightweight Thousand persons in the terri
.ory; he did not believe there were over for /
.y-fve thousand; on that ground then alene
If insufficient population he would vote.
against the bill. He thought he would not
be influenced by the fact of Republican re-
being returned-in regard to
he assertion of the Senator from Ohio,
hat the constitutional amendments were
yery fair. He would ask him whether one
If these amendments was fair, which al
owed to some States large representation
,ased on nOn-Yoting population, while it
lenied it TO others? Was it Just to give
New York this right while it was denied to
ieorgia? He had asked this question last
essiOn and had not been answered. Mr..
" ade said he understood there was no dis |
inction between States in that respect--at |
il events those States that had lost their |
lights by rebellion.
Mr. Hendricks read the section referred |
0 of the amendment. and said it left to the |
Northern States their representatives based |
n the non-voting population. The North
IN States had fifteen to twenty such rep |
esentatives. The negro was now a
iizen. Why not treat the Southern
tates likewise? He believed the doctrine |
by Mr.. Wade; that States
hould be admitted on terms Of equality |
-as to be the salvation of the country.
Mr. Trumbull moved to lay aside the
Ill for the purpose Of proceeding with the /
of the Confscation bill.
Mr.. MCGOWAN asked consent to propose
substitute for his amendment offered on
riday TO the bill before the house, which
as granted, and the amendment ordered
, be printed.
Mr.. MCGOWAN was not willing the bill
lould be taken mp until the present bill
as finished
Mr.. Wade said he understood it was
lie intention of the Senator from New
arsey, to announce the death of Senator
fright, Of that State, and that there wonld
ot be time TO proceed with the bill
After some further discussion the motion
postpone the pending bill was adopted.
Mr.. Sumner introduced a bill 70 prevent
I'd punish persons making fraudulent rep
sensations, thereby inducing immigration
foreign countries, which is intended to
event Colored persons from being enticed
foreign countries where they will be
Gated as coolies.
On motion of Mr.. Wilson it was resolved
at the Secretary of War be requested to
10 the Senate the reports Of
e Assistant Commissioners Of the Freed
ems Bureau, delaying operations of the
lreau in the late slave States.
The confscation bill being before the
nate, an amendment was moved Prov
ng for the repeal of the entire act, por-
N Of which was proposed to be repealed,
d the yeas and nays called for.