The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-12-13


lion had been sought Tue deposit Of security
derstood 10 legal requirement. In consequence Of
that transfer and had not been considered proper to
make tho proceeds Of the property its security.
suits had been brought against the Secretary OF the
Treasury and he detailed several other circumstances
that had arisen making II necessary TO deposit moneys
security Ii this bill should lass with the amend
ment, though the Treasury Department had no obec.
ton, IL would operate unusty to parties having just
remedy. His object was attained IN explaining the nat
tiers so severely animsdverlcd upon BY Mr.. ,cmSnil
yesterday. Great injustice Was frequently -Ids
OF departments by such Dasiy conclusions c s 49,
charged his duty faithfully and he the ssit the present
Mr.. SHERMAN said that when =. .,.,. ,ora.v
that sne Secretary Of the usv hsd bis
Iu.on 70 .ne opnon sas solicitor the Senator from
DENYING The "a. had taken him by surprise IN
arys renc tina The fact was a. he had stated
o explained teat ne Committee Finance had de-
Secretary q th IN regard 70 the proceeds OF
he th'ryfcar million dollars worth Of property Doubt
ha,ng no proper Tor rnat money 70 remain without
Mar.e lhr. Fessenden) thought more time should be
S.owed he had no objection
Mr. FEssESDEs said the only reason for delay that
II was only the net proceeds that we're to be paid into
the Treasury, and there certain claims to be ad
justed
me morning hour having expired, Mr. Jonssos,
dem. Of Nd, speak Mr. brakes resolution
regard to the Presidents Messaee.
Mr. IRukBuL, trep Of H., desiring TO speak on the
pending bill ON motion Of Mr. SHERMAN IL was post
poDed till tomorrow.
The fhkNDENI'b MkSA08-MB- DRAkkB RESOLUTION OF
cEssuRR.
The Senate then took up MI. brakes resolution
demnng the language OF certain portions Of the Pres
Mr. JoHNsoSlproceeded to discuss at length replying
70 the assertion that no sovereign rights existed in
State Of the Union, but that the supreme power
vested In tho United States government alone said
reference to the Convention which had framed the
slitnton would show the policy Of that argument and
he detailed circumstances which caused the lorna
tton Of the constitution and Its adoption. The Supreme
Court Of the United States had always held that
tl,stait @fufog
IN his opinion Of the matter OF the United States Bank
holding 40 precise terms and denouncng the contrary
constitution, was REFER TO- The Senator from
Missouri tMr Drakel surely agreed that there we're
Of the State Convention or Missoa, heh
framed constitution claiming ghts which for their
tence required sovereignty in the most absolute
undertaking TO step between ministers Of the Gospel and
the exercise Of their holy functions demanding an
from them a. preliminary ccndlion, to which, an the
spirit Of the martyrs, they had refused to submit
Mr.. DaAKE interrupted Mr.. johnson 10 say that
in that convention ~ had opposed the provision re-
ierred TO with all hs might was adopted in spite Of
hts efforts
Mr. JOHNSON said that fact did not affect the purpose
for which ho had referred 70 the ma,ter-nAmey that
To the charge that the President had exceeded his
rOgatve, melted resistance ia calling il up
slu,ion 10 show that The rrrsden. was Clothed win all
eKccutory and some legislative powers while the powers
OF the legislative aud departments expressly
limited to those functions Hs had power to ass
upon all blsa power that could only be overruled BY
BY two-thlrd vote Of Congress- WHAT had the Pres.
don't done 10 call for his mpeachment3 He had vetoed
tho reconstruction measures, he had night 70 do,
alleging that they conticted with the rights Of citizens
sh.. nsc nm and pc
most gallant soldiers OF The army beyng the predic
ons Of Congress that he would not those laws
No man could point out IN act showing that he did
attempt 10 carry them though in respects he
might have honestly uisappI ehsndcd their meaning
that he had taken In the veto. KM tmperillsd ise
countrys safety Or Inc peoples rghts lct DO known
Let nos Dc vilhnsd su! shown 70 b unconstitutional
Congress had no more right TO csnsuss him than he
had 10 csasurs them. He believed the Senator from
Missouri respected Andrew Jackson.
MT DRAxk-I was rot . supporter Of Andrew Jack
son, although had known rs much in those days az
do nov perhaps might have been.
Mr. JoBEsoN-I was going 10 say that IAughter.)
Mr. DRAKE-Bus II would have been because he
an invincabis champion Of The Union and The deadly
foe III the very doctrines which the Senator now ad
v0cating upon tins floor tlAughtsr.)
Mr. JoHEsos-I learn THAI for tho nrst time. The
reading OF the Senator from Missouri has been more
effective than mine has BEN, II that 10 90.
Mr. DaAKE-Does the senator remember his procama-
ton 10 regard TO nulii.icanonY
Mr.. JoHSsos-P Perfectly.
Mr. DRAKE said that WAS what no referred TO-
Mr.. JoHNsos retorted that he also remembered Jack.
sous Of tho United States Bank bill his protest
against the authority OF lhe United States Senate 70
sarc MN for an act done by HIM, and the clerk
In accordance with the Senator's views constitutional
docrineY IL cerainly N conflict with his resolu.
ton The Suprem Co1rt mad decided against the con-
stitutonaity OF President Jacksons view while no such
tribunal the land would support the acts Congress
in question constitutional The lately rebeiious
gates had been forced to submit the absolute will OF
Congress Mr. johnson severely denounced the Lam
easse that had boon used sosards the Presi-
Message as one Of the bess ever sent 10
Congress BY any President. Abiding again to the
rebuke Of Congress by President Jackson he said Scna
should warning by the fate Of thas attempt to
censure him. He had read the resolution Of censure
offered by Mr.. Clayton the 2Sth OF March, 1884, and
passed by vote sf .hrysu TO twenty, amer cousid.
Grafton from tho December previous Also another
expunging former from ihs journal amer ,Mr John
son ssid) the people had IN q marked manner
detrned the course of the Senate The Senator from
Missouri NE Drakel should beware lest his resolution
should, II passed. some future time meet q simi-
lar tate Recent elections showed the Of popu-
lar feel ng and he warned them that such Legislation
would BE- Overwhelmingly rebuked. Let them iegslaie
20 tighten the burdens OF the people, and, above all
70 u that the pishiod faith OF the nation be redeemed
RECESS.
On motion Of Mr.. GRiaEs. (repl OF Iowa the resolu-
the concurrent resolution 10 adjourn from Friday DE.
cember 20, to Monday, January o.
Mr. Suxssa suggested that IL would he 10 post
pone The resoIut'on Senators had opportunity to
make up their minds about lis necessity.
Mr. GRfass said that the business transacted during
that pcrod II any, had better not be transacted judging
from the past
Mr. srNxER called attention 10 tho fact that the bin
for further securing equal rights in the District Of
iumba might DO again pockc'ed nv the President he
moved 70 substitute the following Tuesday the pain
inst NJ the day OF adjournment
The amendment lost and the resolution was also
lost by q vote of IS 20 20.
rRNIrxwr.
The President transmitted the ~enate Q volurunons
doeumsni-hs reasons for suspsndng Secretary Stan
ton.
The papers In Fitz John Porter case were trans
United 10 the Senate.
REQUEST rRox CENTRAL vRAxKLm
Considerable amusement occasioned by reading n
request from General Franklin TO have stricken q
remark OF his that he would believe Generals Pope
and Roberts under oa.h and 10 substitute the words
would not believe OF the witnesses OF the govern
mept under oath. -
ADJOURNMENT.
The Senate at about four O'Clock went into executive
session and soon after adjourned.
HOUSE OF REPRESENTATIVES.
wssnScros, Dec IL, 1857.