Evening star., 1867-01-04
CONGRESSIONAL.
FRIDAY, JANUARY4.

memorial from'the Territorial Legislature Of
montana, asking the establishment OF 8 sur
veyor generals office in that Territory Re-
feTred TO the Committee on Public Lands
Also, Joint resolutions of the same Legisla-
lure, asking that the organic act Of that Ter.
ritory be amended SO as to increase the pay of
the Federal officers, including the per diem OF
the members Of the Legislature. Referred to
the Committee on Territories.
Mr.. Edmunds presented q petition from the
Wool growers Society in rslerepcs 10 tba
duty on imported WOOL Referred to the Com.
mlttee on Finance.
Mr.. Morgan presented the memorial of the
National Academy of Design and 20 artists
asking specific duty of 500 on imported oil
paintings. Referred to Committee on Finance
Also SIX petitions from railroad presidents,
asking reduction Of the duty on railroad
iron.
Mr.. CattslI presented petition from artists
OF Phliadelphia, asking some protection for
art. Referred 10 thes Committee on Finance
Mr.. Howard msved that the COMMITTEES on
Foreign Relations be requested to in uire into
the relations now existing between France and
the Republic Of Mexico, &c, as to the power
OF Macmillan to maintain himself il the
French troops are withdrawn, &c, and that
they be authorized to send for persons and
papers, &c.
The bill repeating the thirteenth section of
the act to suppress Insurrecuon and punish
treason and rebellion was taken up, the ques.
ton being on the amendment of Mr. Sauls.
bury, to repeal the entire act.
Mr.: johnson said that regarding the section
which 1t was proposed to repeal, giving no
additional power to the President, he did not
propose to address his remarks TO it, The
opinions Of the members Of the Con tn tionaI
Convention, and their discus on the limit
OF the Presidents pardoAing power were then
touched upon by Mr.. J. The result OF toeir
deliberations was thar the pardoning pewer
should be vested in the President alone. Ii
OF the Government, but upon one, and that
exclusively. The only power Of Congress, as
has been decided over and over again, is the
legislative power, the power to repeal the law.
the infringement Of whose provision has made
the crime. The power Of the President to par.
don is granted In terms as comprehensive W as
to pardon and when he Is to pardon rests
with him. The Senator from Illinois INT.
TrumbulD had said the other day that the
section ;s proposed to be repealed gave me Pres.
by proclamation. The usuel mode had
been to pardon specifically each offender.
by proclamation including all parties con-
cerned in insurrection. In pursuance Of his
argument that the section conferred no addi.
tionsi power on the President, Mr.. ]. main.
tanned that there had been no necessity for its
passage, and conseq uently there could now be
none for its repeal. In reference to the i'm piled
power OF the President TO pardon, the chairman
Of the Judiciary Committee (TrumbulD In
presenting petition the other day has assumed
the jurisdiction Of Congress over the an biect Of
pardons in the ia,e ins urrectionary States, but
The clause on which the Senator had relied for
his authority intended no such operation "a
had so been maintained By all the commenta
tors on the Constitution. His friend, he thought,
was mistaken on another point. In the 6rst
section of the first article of the Constitution
il Is expressly stated that such powers are
conferred on Congress as are therein explicitly
named. In the first section Of the third article
it is stated that the powers conferred on the
President are executive, and In all the decisions
and concentrations which have since been
made 1t has been assumed that only such pow-
ers can be exercised as are explicitly delegated
The Constitution was made for war as well as
for peace, as had been decided by the highest
x~sA. l.SEx . l~u . HswoH
tended that the judiciary Of the United States
obtained power independent of the Constitu
tion through necessity. a. that the President
and Congress maintained d II.
He (Mr. j. bad advised the Executive to
issue . general proclamation of amnesty. and
had endeavored so fai as he was able, to bring
per to do so. Some of the first Jurists Of the
country, many Of them members of the Re-
publican party, and scme Of the best iurists Of
England, had expressed the opinion that the
moment belIigerent rights were granted. the
commission OF treason was i'm possible. II this
point were brought before the Supreme Court
but on the other point the right Of State to
eeceds, he did not doubt for one instant that il
would decide that there was no right. The
very history Of IN me oygone conspiracy proved
ton Of amnesty had been issued, and no trials
for treason had taken place. The first was due
to the President the latter was not his fault
A man OF delicate frame was now held i'm
mersed in prison, who had been called to pre-
side over their destinies by six millions of peo.
pie. II this thing had happened in any ether
country, 1t would have been described as an
act Of extreme cruelty. ..5..-..s ys
Hr. Howard said that the person to whom
the Senator had alladed, jefferson Davis, was
capture as q prisoner Of war, and now held
as such, and was u not true that he had been
refused to be delivered up for trial.
Mr. johnson said IL he was prisoner Of war
he could not be tried for treason. The Presi-l
dent had. however, expressed his willingness
to give him mp for trial. ''N te..'~
Mr. Howard said the opinion of the law ON.
Ger Of Mr. johnson had prevented the trial from
taking place. rs, sa',-.I -. -
Mr. johnson said he was ready to bs deliy-
cred up to the Marshal OF the Court authorized
to try him. The prisoRer had petitiened for a
trial, but the Court in whose circuit he was,
refused to receive him, on the ground that he
could not be held in custody. 1t had also been
said that the Chief Justice could not preside
because Congress had changed the circuit
Some further discussion epsued between
Mesers. johnson and Howard.
Mr.. johnson said no matter whose fault 1t
was, IL was q blot on American civilization
that their prisoner was retained, and IL ID hls
delicate state he should die the nation would
bs responsible for his death. Had he mr. j ,
oeen President be should have paroisd him
long since. 9tfia ? .tsstfs
Houss.-Mr. Kaesoa, (Iowa,l from Commit.
tee on Appropriations, reported the bill ma.
kinE sprropriftion for the VII service Of TIA