Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1866-02-02
XXXIXthC Congress.
HOUSE.

of Minnesota. sFs-
On motion Of Mr.. CLARK, of Kansas, a
resolution was adopted directing an exam
nation into the laws of New Mexico on the
subject Of master and servant, and that the
result be reported to the House.
The resolution was referred to the Com
mittee on Ways and Means. In discussiou
on the bill prohibiting any American vessel
which sailed under a foreign flag during
the rebellion from enjoying the rights and
i privileges of American vessels, Mr.. Garfield
of Ohio, declared he was opposed to all
moRoplies of shipbuilders or others, and he
looked upon this bill as ameasure to sustain
them its effect would be 70 cripple our
commerce in stated and on high seas.
Mr.. SPALDING, of Ohio, did not regard
the bill as prohibiting legislation for tho
whole country, but as gratuity to shipbuild-
ing interest 1t was designed to punish cit
izens for having sought protection for their
vessels during the continuance Of the Re-
bellion. 81
The Secretary Of the Treasury had in
formed the House that 500, 900 tons had been
transferred to foreign flags, leaving 100, 600
tons in the hands Of our citizens. We were
now in want Of vessels to do our carving
trade on the ocean. Hedesired the amend
ment TO the bill providing that all vessels
owned wholly by citizens and residents of
the United States shall be entitled to Amer
ican register under such restriction and
Limitation as the Secretary Of the Treasury
shall see fit to impose. 80
Mr.. BANKS, of Mass, remarked that the
measure under discussion was not final, but
provisional. .- ~
Mr.. GARFIELD remarked thai the gen.
tleman from Mass., (Banks) had said this
was proposition 10 operate upon men who
had deserted their flag. 1t was not, how
ever, a law against o man, but against ton
mage He would vote with the gentleman
to discriminate against rebels. It was the
gentleman himself who was disposed to
! change the policy of the government The
Secretary of the Treasury was every day
| allowing these vessels to be registered, and
the bill now pending was to exclude him
from SO doing. The bill was then passed
| 90 yeas against 80 nays. %
The House resumed the consideration Of
the Senate bill to enlarge the powers Of the
Freedman's Bureau.
Mr.. GARFIELD, of Ohio, after express
ing his belief that the pending bill was
necessary to the condition of the freedmen
said he was not able to agree with the Pres
identSs to the status Of the States lately in
rebellion, but he did not admit in q very
large or comprehensive sense that those
States are out Of the Union. In contempla-
ton of the law Of nations State is sover-
sign and capable Of doing all things a soy :
ereign can do. The rebellion was com
meneed by individuals and carried on by
them on account Of the State governments
who threw their power into the scale to
breakup the Government. Ifa State can levy
war and commit treason it was done not
only by the. people but by the States az
States. He repealed what he had hereto
fore said, that they had not only forfeited
their rights but had relieved themselves of
their obligation. He proposed to take eoun-
sci from the spirit of our institutions and do
all that was necessary to secure the Union
in future forever and ever. By the act Of
emancipation four million persons have
been added to the population Of the eoun-
try and it was just that they should be pro-
tected in life, liberty and property. In the
course Of his remarks he agreed that Con-
gress was bound by the Constitution to
guarantees to every State Republican form
Of Government and that the right of suf
frsge should be given to every individual
who by education may be fitted to exercise
it. Adjourned. 20 I--
tE-r SENATE. sf51se-3
On motion of Mr.. BROWN, of Missouri,
it was resolved that the Joint Committee on
Reconstruction be directed to inquire into
the expedieney of amending the Constitu-
ton of the United States so IS to declare
with greater certainty the power of Con-
gress to enforce and determine by appro-
pirate legislation all the guarantees con
tanned in that instrument, and more espec-
tally .--s.-- 81
ISt That which reeites the people with
out distinguishing them By color or race,
and those who are to choose representation
I'd. That which assures the citizens Of
each State sll the privileges and immuni-
ties ST citizens Of the several States.
3D.. That which enjoins upon the United
States to guarantee to every Statea republic
can form of government. sIt f-1st
Mr.. EESMITH, Of Oregon, offered the
following resolution which was adopted.
Resolved, That the Committee on Com
msree be directed to inquire into the expe-
diency of making an appropriation for the
improvement Of the navigation Of the CO.
lumbia and Williamette rivers, and report
by bill or otherwise. -
Mr.. POLAND, Of VT, offered the follow
ing which was adopted:
RESOLVED, That the Committee on the
Judiciary be directed to inquire as to the
expediency and eonstitutionality Of extend
ing the Jurisdiction Of the courts of the q. g.
over all suits brought against any persons
for acts done under authority or aid Of the
military forces Of the Q. s., and also Of all
suits brought against any person for any
sct done under the authority or in aid Of
the so-called Confederate States, and report
by billor otherwise.
Mr.. FESSFNDEN said he would on Mon
day call up the constitutional amendment
which was passed by the Houss yesterday,
and would endeavor to keep it before the
Senate until passed. There were 8 num-
Der of State Legislatures in session at pres
ent and it was desirable to get the amend
ment before them at an early day.
Mr.. HOWARD called up the resolution
ouered by MN 5Ome time since RSaaza ma nd
ing the trial ofJeff Davis and C. c. clay by a
military commission for completely in the
assassination Of Mr.. Lincoln, and the viola
ton Of the laws and usages of war Mr.
Howard offered an amendment to include
with Davis and Clay, those whe acted in
codeert with them.
Mr. HOWARD said that on the 21st day
of December he submitted resolution of in
quiry respecting the charges upon which
Davis was confined, and in response to this
the President sent 8 brief message accom-
panied by two communications, one from
the Secretary of War and one from the At
torney General.
Mr. Howard, having read extracts from
these two documents, proceeded to eontro-
vert the position of the Attorney General
that Davis must be tried for treason in some
one of the States where the treason was
committed If there be an expectation, said
Mr.. Howard, which has been more prevail
ent than another among the loyal people of |
the United States, it is this, that it is due 10
our dignity as nation, aud to the Obliga-
tions we owe TO the Constitution of the ma
ton, that there should be an arraignment
and punishment according to the forms Of
law of some, at least Of the ringleaders of
the rebellion. It was Davis command that
shed the blood or caused the death Of more
than a quarter of a million Of men, and the
waste and destruction Of more than S6,00O,-
0OO, 900 worth of property. Mr.. Howard
then entered into q legal argument in
opposition to the Attorney Generals 1
views. He held Davis might be tried in Penn
sylvania or Ohio or in any other State in
which war was carried, under the orders Of
the President of the late Confederaey. He
looked upon it as wholly out Of the ques-
ton to try TO convict Davis in any Of the /
lately rebel States, because no Jury could
be found there to convict him. At the con
clusion of his remarks Howard said if thars
was no objections he would like 70 have .
vote upon his resolution 81 ssHaasa -sr
Mr.. johnson and ssalsbary announced
their intention to debate on the resolution.
The expiration of the morning hour prs-
vented any action on the above. The bill
for the protection of all persons in their
civil rights was called up.
Mr.. TRUMBULLs amendment a.
amended, declaring all persons born in the