New-York tribune., 1867-01-05
XXXIXru CONGRESS-SEcoND SESSION.
sESATE...... .WAsnlEGTON, Jan. 4, 1857.


III stsSArE W ,s,fisGroS ian 4 ls6I
MONTANA.
the Territorial legislature Of Montana ior, the Itsi
Incnt OF Il Land OFFICE and the appointment OF Il Land
n Wac referred TO the Finance Committee Also the
Joint resolution Of the same body Tor an Increase q" ly
for Territorial officers; which was referred To TIE Judt-
TScREGsED PAY OF ARMY OFFICERS.
Mr. WILSON ucp, Mass presented the petition or
army officers Tor increased pay. II was referred 10 tho
Military Committee
MI EDMUNps G.epr yti presented a petition for an
II was referred 20 the Finance Committee.
Mr. HENDERSON u.cp. Mo- presented petition for a
reduction Of The duty ON railroad iron.
MIR MORGAN IIirp y ~ presented memorial To-
the effect They were both rcered to the Finance
MI MoRGAN presented me petition o. the Ae9aay
for specific duty of 500 "arh oh hhNIted q" pAnthbs
1t was referred 20 the Fiance COMMITTEE
artists of Ph.drip for pIaiocfio uns foreign com
petition II was referred To- the Firance Committee.
MI. ROSS (Rep. KsJ Introduced a lll to give a poi-
tion Of the Fort LycnHOrth Military icscr' alton iol
public road. II was referred to the Committee oh fnbhc
MIR ROSS introduced hin to authorize the constrne-
worth II referred To the Committee ON Postohces
"',i Mr re ROSS introduced b granting tho right Of pre-
empon to settlers the Cherokee lands n kansas II
was referred to the Committee on Public Lands
MEXICO.
Mr. HOWARD rep. Mchl offered the following roso
isoit That the Committee on rorcrn neston,l Instructed
ure aud report t senate The present relations htne~h il'e
aad trrrof, of Maruian l' snda'oIs 20
1ign % Tie, I Pp hepIs NE o' , s % ~ e Executive branch s
Go,ernuent Of ,e tgie states n Irvree to TIE ns sgin Of
proposed assentc TO ot scaasei ;, our n 70 la9, VIII.
the rresent prospect The v4~l II Tie frcnrh troops % S
can 'oi and e ro oY 70 Toe , o. s''n il, s % g ]
uqhe, M committee he Authorized 10 ',nd for persons and
Nr. SUMNER Rep Mass objected to the immediate
consideration Of tie above, and 1t went over under the
''''' ''' fnr PRESIDENTS rAEDoNISG rowhr.
Mr. EDMUNDs moved that the ScIE'ic TAXI up The lhl
to rc gulate the teImrc of office.
Mr.. TRUMBUIL Niep., III hoped The bin Indicated 10y
Mr. EdImnds would not be taken MP uh me bill 10 fc
peal the Presidents amnesty power was disposed OF
Mr. Edmuud's bill would take some time, whereas MS
rritunbuls) could be soon disposed of.
The bin indcatcd,by Mr. Tnunbul was taken mp. The
pending question was upon Mr.. Saulsbulys amendment
10 repeal the entire Coiscatdn bill instead of the 18th
Mr JOHNSON Dem, Md being entitled to the floor,
addressed the at great length; reviewing the is
fo of The CLAUSE OF the Constitution which conferred the
paidoling power the President From the nature of
he nowcr In was evident that IL not only in the Ps
dent but in President exclusively The power IL not
only extended 10 every variety Of oifcse which may be
subject 10 prosecution hut granted 10 him in terms
he Is TO exercise the power is not stated Whether he II
execute IL at all II necessarily not stated Nhcn he ~
10 execute Il Is not sta,ed either.
Mr. JOHNSON, after reading from the Fcdcralist and
other authorities support of his position, that the light
of pardon conferred by the Constitution the President
was unlimited, said he thought that the President ought
long since have issued proclamation OF general anu
nesty. lie mir JOhnson) had advised him 10 do ms ana
the President had given assent TO the justice OF tne sg
gcstlOn although hc had not yet acted upon IT, Abiding
10 jefferson Davis Mr. johnson said his imprisonment
wae y rcproac to American justice whatever may have
been his offce. He IL man OF delicate frame who was
selected by six or seven iniis on people 70 "a hG eiko
trial aud s be Injured, il repruach 10 American Justice
and il IL existed in any nation in Europe would call down
MIR HOWARD G,ep. MichJ-I wish 10 ask the honor
able Senator from Maryland whether IL he not fact that
prisoner OF war and has, since his capture, been held
under order OF the President OF the United States as
prisoner Of war; and II he be mere prisoner OF war,
claimed such, what power has the District Court OF
the district IN which lac may have committed te crime,
President the United States handing him 70 the
Court TORY him. and how can that Court try him unless
willing TO undertake he'afk, aud did undertake the
"s JOHNSON can answer III, inquiries of my honor
able friend from Michigan without 6ty Very great dif'
Guilty II Mr.. Davis is a prisoner OF war he cannot E
which bis Immunity from that mode Of tTigl Is plscet
As to fG parties 70 whom te blame II any blame If 70
he attached should be attributed say To- the honorhne
senator as had supposed before he put s questions lie
knew that the President of the CteG States, from tine
party into the custody q he Civil Magistrates at once,
but that they have declined to receive hm not upon te
ground that they not willing 10 try hlm, hut npoi
c rolud that II they cot pos-esson Of him. his trial
and conviction would not he assurnd.
Mr.. EMBELLISHMENTS him 70 whon' To whom
did the President propose 10 surrender hint
Mr. JOHNsON--To the Marshal Of the District who
upon the authority Of the Indictment. From time TO time
have been told he was TO be tried, aud from tne 10
the trial has been postponed and upon the last occ
sion il was postponed upon the ground that Congress, by
changing the Circuits had rendered II Impossible fof ihe
ChiefJusice, any OF the Judges OF the United slaes
Supreme Court, to preside
Mr.. HOWARD-Can the Senator inform whether n
capds warrant for Davis has bccnpacod Ia the hands
OF the Marshal at any timof -
MIR. JOIINSON-WhOse business was ~ to Issue ! Tie
Presdensl Was II the business NJ the Presdentf Inc
Court before whom the indictment pending should
nave Issued the warrant.
Mr.; HowARD-Undoubtedly IL was the business OF me
Court TO issue the warrant but upon the request of A
Johns0n's prosecuting officer.
Mr.. J0INs0N-Tl have. said that the reason was that
there no place where he could be safely kept say
that whoever may be the Of the detention IL Is
repronch TO American justice that jefferson DAVIS should
be suffered " remain IN prison two years without trial
Mr. johnson continued his remarks advocating tho policy
Of general amnesty.