The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1867-01-05
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Midnight Report.
CONGRESSIONAL PROCEEDINGS
WASHINGTON, Jan. 4.

SENATE.
| The CHAIR laid before the Senate mem
orial Of the legislstare of Montana for land
office and Surveyor for that Territory. Also
for an increase Of pay for Territorial officers.
Re,srrsS WsnN T. s6s NappsopTsde committee ns9na e
officers for increase Of pay.
! Mr.. ROSS introduced abill to devoteis
portion of the Military Reservation to Fort
Leavenworth, for public road Also bill
authorizing the construction Of , military
bridge across the Missouri river at Fl. Leav-
enworth. Also. bill granting the right of
pre- emption to settlers on the Cherokee
lands in Kansas. All referred
Mr.. HOWARD ofereda resolution that the
committee on Foreign Relations b instruct
ed to report the present relations between
France and the Republic of Mexico; the ex
tent of the population and Territory Of the
successes Of Maximilian; the overthrow Of
that Republic; the amount and character Of
his military force, including the French; the
action Of the Executive branch Of the Gov
ernment Of the United States in refsrencs To
the intervention of France in the sffairs of
Mexico.
The confscation bill was then taken up.
Mr.. JOHNSON said when the subject was
before the Senate, prior TO the recess, he
asked Mr.. 1rumbnli, Chairman Of the Judi
ciary Committee, if the proposed repeal of
this section was on the ground that il gave
power to the President which he had NOT be
fore. or whether he supposed It was within the
authority Of Congress- 10 take from the Pres
ident any power which is conferred on him
by the Constitution To the latter question
he, of course. answered in the negative He
told US, and correctl7, that the power TO
rardon was vested in the President by the
Constitution and cannot by legislation. be
taken away from him. 1t is vested in him
alone, in his capacity as President. The
Senate were not to be told that in the delib-
erations of the Convention by which the Con>
s.itution was framed, this particular
clause was the subject OF contrsriety Of
opinion of some of the members Of the Con
yen,iop. 1t is believed that if this power 10
pardon existed at all. and most of them did
think It sboud exist. contrary 10 European
writer's. that noxer shonld not exist An a
Renubllc because there was no necessity Of
il. They. boweyer. came to the Conclusion
finally. and received the unanimous consent
Of the Convention that i, was much more
advisable to give to the President alone, and
SO was given. From the nature Of the power,
think il must be very evident that is i, not
only in the President. but in the Presiden,
exclusive. The power OF pardoning cannot.
under a Government like ours, be well
u
eminent.
Mr.. JOHNSON quoted from the Federal
ist, and said he thought the President ought
long since TO have issued q Proclamation OF
General Amnesty.
Abiding to JEFF. Davis, Mr.. JOHNSON
said his imprisonment was . reproach to
American Justice, whatever may have been
his otfense lie is man of delicate frame,
who was selected by six or seven Hllions of
people to take charge of the rebellion. That
he should be ibdicted. invoke trial, and still
be immured, lis reproach to American
Justice.
A long discussion ensued as to whose bust
ness it was to issue the writ for his custody.
Mr.. HOWE said that if he had been the
President. Darts would have been rried, and
would have died some time ago near Fortress
Monroe He cited the case OF ftreason against
Virginia, n which John Brown was tried aud
ha nged
Mr.. HOWARD said, in proclamation is
sued by President Johnson after the assas-
sination of Mr.. Lincoln. Davis was charged
with participating in that crime, and the See
retary of War had said, in communication
to the Senate. that he was held as a prisoner
of war as we'll as for criminal conduct with the
assassination. He had been indicted for
treason. bn, not for participating in the n,ur.
der OF President Lincoln. After the accom-
plices in that crime had been tried by milita>
nv commission. and by order Of President
johnson executed, for a wear psst efforts had
been made to arrest another accompliee, Sur
ratt, ana ne ha1 Deen arrested anu was now