The New York herald., 1867-02-14

Secretary War to purchase Tor thirty eight thousand
dollars Davds Island, in Long Island sound. Passed
PURCHASE PROPERTY AT PfrTsBuRG.
Mr. WILSON called up the House bill authorizing the
ioinpr The United States Arsenal at Ptsburg, which
The senate then at ten O'Clock adjourned
HOUSE OF REPRESENTATIVES
WASHINGTON, Feb. IS, 1867.
GREEN RAY LAKE pRPrs RAILROAD.
Mr. McISDox rep) Of Wis, presented joint resolu-
ton Of the Wisconsin Legislature grant Of land to
aid in construction Of the Green Bay and Pepn
Railroad which referred to the Committee on Public
Lands
THE DrTY ON IRON.
Mr.. MILLER. rep) Of Pa asked leave to offer resolu-
ton declaring it incompatible with the policy Of the
protective system OF the United States and detrimental
10 the industrial interests OF the country admit under
any pretext whatever free Of duty foreign iron, whether
manufactured for railroad purposes or otherwise
Mr. GLossBRESsFR, tdeml OF Pa, objected
THE LOUISIANA RECONSTRUCTION
Mr. PHELrs, trep) OF Md stated he had been necessa
Louisiana Reconstruction bi and that he should at the
proper time ask permission 10 record his vote against the
ExIcuTYvE COMMUNICATIONS.
The SPEAKER presented laws OF Montana Territory
which referred the Committee on Territories
answer to The House resolution Of February relative
10 revenue collected in Baltimore city and the several
counties Of Maryland in 1884 and 1859 nom All sources
Also telegraphic despatch from Denver Ooorhao
Territory, announcing the proceedings OF PUBIC meet
ing in favor Of the admission OF Colorado as siate
Laid on the table. = ~-.s- 81. Il .
PASSAGE OF THE BILL 10 EsrlBLIsH MILITARY GOVERNMENTS
IN Tue LATELY REBELLious sTATE.
The House resumed the consideration or the Dill re-.
ported by Mr. stevens from the Reconstruction Com
mttee for the Establishment of Military Governments
in the South
Mr. VAN Hoas, trep.) Of N Y, addressed the House.
He argued the ilegay of the governments set up in
the lately rebeous States that they were without any
who were the leaders Of the rebellion, they could not
and must not be recognized by Congress. He argued
that the right to act ey IN anv
and the duty imperative The spirit OF the rebellion
still alive and the loyal men. both black and white,
socially and politically prescribed He depicted
their trials and suerings and demanded that the gov
should at once give these states loya h
leaders Of the rebellion, and thus secure the highest
interest Of the republic. He insisted that sacrifices
that the people demand that they be secured.
Mr. STEVENS, (rep Of Pa Withdrew the motion to re-
commit the bill in order that he might submit some
amendments, which he explained. Among them
substitute for the second section by which Congress
itself directly detailed five general officers 70 command
in the several military districts proposed 70 be or
ganzed.
Mr. GARyED trep) Of Ohio suggested that it was not
for Congress undertake to detail army officers
Mr. SrgvExs said that he had tried vainy to satisfy
the views OF gentlemen around him. but finding that he
could not do SO he Withdrew the proposition 10 amend
Mr. boutwell,, trep) Of Mass, then took the floor TO
close the debate arguing in support of the necessity and
marks be said that 4 should happen that the Supreme
Court Of the United States should declare, possibly
might declare, that the ton States lately In rebellion
were States In the Union and entitled to ali the
rights and privileges OF Staos and should base their
declaration any oct OF Congress- then these states
them, to their position in the government, and
nothing remained TO Congress and the people except to
a n nS %
came : law and were put in operation the Supreme
any civil government therefore, for judicial purposes,
It could State and Congress would keep in its
3. lei. bands ;Ss @ 3 pSes III q ', l'fs
Ss(aHSe 70 the future welfare Of the scgntxy, n 4
would resp m &. ssS44s q 00pgrln and d Ay ta1ds
OF the people control Of the question which QUESTION
whether those ten Statea should be admitted into
the Union under the lead and control Of dsloyal
under the lead and influence Of loyal men. That quss
whether those States should be for indefinite period
Of timeve, ten or twenty yearsdisloyal States, or
whether they should be loyal members Of the Union.
Mr. DAVIS trepl Of N. Y, suggested the question a.
whether the establishment Of military governments
tho South was consistent with the constitutional duty
imposed upon Congress 70 guarantee to each State re-
publican form Of government
Dhr. boutwell, said the question was very proper one
and hc would try 70 answer i before he took ns seat
well whether this bill gave the right Of trial In capital
offences before juries
Mr. BOUTWELL, admitted that 10 did not.
Mr. ElDRIDGE then inquired further II that was not in
direct opposition 70 and in violation OF the consttu on
aTe raS 70 81 sna an
confront the witnesses against him.
Mr. boutwell, replied that the power Of Congress to
suspend the privilege OF the writ Of habeas corpus
not confined to periods Of rebellion invasion. The
power at such periods but II did cease TO exist
Of rebellion or invasion had passed by and no longer re
NAMED The people OF these ten States were TO day not
only without civil government as had been declared by
the Executive Department Of the we'll
affirmed in this bll but were also in that condition
when IL was in the power e Congress 70 suspend the
privilege Of the writ o. habeas corpda Though ths war
and incidents OF rebellion yet remained There no
real protection there to life liberty or property.
rebellion had been declared ended by the proclama-
OF the President duly authorized BY law and there
fore this new exercise Of power; not the continu
ancc Of previously existing power.
Mr. BourwErL held that the Presidents proclamation
had other effect than 10 proclaim that isgrant
at end, but that no proclamation OF the Pres-
dent whatever It's terms, could deprive the legislative
department OF the government OF the great power on
trusted TO il under the consttuonthe power OF decd-
inc for itself whether the case Of rebellion exists; and
when the incidents and effects and consequences OF tho
rebellion terminated that power was in Congress- and no
paper proclamation OF the President could deprive Con-
gress Of il.
Mr. ErpRrpes understood Mr. Boutwell, to claim that
s % o. ns w q s crme ana the
him In mode different from that required by law He
himself did not understand the effect OF suspension
Of the writ He supposed that even when the writ was
suspended the provisions OF the constitution still ap-
Piled which secured the right OF speedy trial before
jury.
Mr. boutwell, declined to yield further He had only
10 that in his vew far as those states were con-
cerned In the exgency which existed Il was competent
for Congress declare that they should be governed BY
military law, that the pretended State governments had
power issue writ of habeas corpus or TO do any
other act Of except by power derived from
military authority. That military authority, although
supreme was not necessarily exclusive The officers
might as provided in the BILL grant the local tribunals
the power and opportunity Of dsposng OF questions as
they might arise among the people.
MT ScHrScK, trepl OF Ohio, having had hve minutes
allowed him. declared hs assont 10 the proprey or ex
tending martial law the States that were IN rebel
lion, and his opinion that 1t the time Congress
ought TO indicate 70 the people Of these States what
they required 10 do In order that they might have
civil governments and might be represented in Congress-
That he understood 20 DO the object Of Mr. Baine's
amendment. and he therefore supported H.
Al two O'Clock Mr.. SrxvESs obtained the floor and
moved the previous question.
MT BINGHAM, (rep.) OF Ohio, appealed 10 the House
not TO second the previous question and thereby cut of