The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-02-15
hama constitution have besn slssraphsd for % b III
before CongresA
THE F0RTIETH CONGRESS.



Second aessiea.
SENATE
wAsuHoror. Fen H. 1884,
ssnroEs.
Tns UnAR laid before the Senate memorial praying
for Modification Of the tax liquor Referred 70 The
Committee on Commerce.
Aessrs TsUxBuIL CoKxIEa and WILLIAMS presented
memorials from officers Of the volunteer army protest.
ing against the passage Of the bill introduced by Mr..
Wilson relative to the communication for pay, and setting
forth that their claims equitable and grow out Of the
Law OF Congress, the decision OF which pending
in the Supreme Court Referred 70 the Committee on
Military Affairs.
Mr.. WILSON, rep) Of Mass, doubted whether any leg.
sation necessary the subject. II question
for the court 10 decide In his opinion the intention Of
Congress In the law referred TO was otherwise.
On MOTION Of Mr. MORGAN, rep Of N Y, further pe-
nons relative 70 the sgallzation Of gold contracts we're
laid on the table,
Petitions tho subject of economy In public expendi
lures were presented BY Mr. HOWARD and Others and
ferred 70 the Committee on Finance.
hessra CAMERON and CArrKL presented petition from
citizens OF Pennsylvania asking for change in the rev.
enue laws 30 that goods passing through New York in
nation under bond and duty paid Referred 70 she Com
mittec on FINANCE
Mr. BucKALxw, idem) OF Pa, presented petition
from the manufacturers and dealers in coal oil praying
that the present mode Of guaging out OF which grow
many frauds, DO changed system Of weighing be
established Referred 10 tho Committee on Finance
RESTORATION or LIEUTENANT COMMANDER ABBOTT TO THE
RErIRkD
Mr.. ANTHONY, trep.) OF r. l., from the Committee on
Naval Affairs reported bill to restore Lieutenant Com
mander Abbott TO the retired list which was taken up
and passed.
VACANCIES IN ExEcurrvE DEPARTMENTS
On motion Of Mr. TRuMBuLI rep OF H. tho bill %
Executive departments reported BY HIM yesterday, was
taken up.
days were not an unnecessarily long time for the ncum-
bcncy Of such vacanCiesf
Mr.. TRuMBUIL said the law now stands the Presi-
dent could supply vacancies for eight months. which
had been thought unreasonable length of time. He
had no objection 10 the time being male shorter STILL
DAYS and by inserting after .he word vacancss the
words 'occasoned by doath or resignation"
The amendments was agreed TO- and after discussion
to the effect OF the bill In repeating existing laws on
The subject, Dir. HOWE, ep) Of WIS.,, offered an amend
ment providing that no officer appointed to Ill such
the salary he 10 entitled to without such assignment
After further dscu sion the amendment was agreed
to and the bill passed.
REDUCTION OF THE EXPENSES OF THE WAR DEPARTMENT.
Mr.. WILSON. from the Committee on Military Affairs,
reported bill reducing tho expenses Of the War Depart
mont and for other purposes He also offered resou.
tion nquirng cf the President whether anv new mill.
tary department. division district has been AUTHORISED
ana If so, under what authority OF law.
PUNISHMENT FOR UNLAWFUL USE OF PUBLIC MONEY
Mr. FsEISGHUYsEs, (rep) of n. J., introduced bill
and property which provides that any person having
control OF money or property OF the United States who
shall loan, deposit or otherwise make use OF the same
law shall DO deemed guilty of felony and be punished
by fine not exceeding double the amount unIawfuiy
used, and by Imprisonment at hard labor not than
year moro than fifteen years. Referred to the
Judiciary Committee.
THE CASE or SENATOR THOMAS. OF MARYLAND
The special order the resolution to admit Philip r.
Thomas. senatorelect from Maryland, was taken up,
Mr. BucxALEw took the floor He deprecated the
had TAKEN and claimed that injustice had
been done to the personal character OF Mr. Thomas Of
whom be spoke highly eulogizng the m0desty and gen.
temanly feeling which had prompted him in refraiDing
from appearing to urge his admission Mr.. Buckalew
defended Mr. Thomas at eneth from the charges made
against him. and claimed that thetdebate should have
been confined TO the report Of the committee, that
nothing appeared TO authorize the exclusion unless
found the tact that Mr. Thomas had given his
800 when about 10 join the rebel army
He condemned the political aspect the debate had taken
aud said Mr.. Thomas should be arragned before NO
other bar than that Of public opinion, which alone had
condemned the editors and others who had opposed the
Of freedom opinion and Mr. Thomas hal ,ranse
no law II Mr.. Thomas had said there traitors to
the Union 10 Congress, was no stronger language than
had been used by many on the other side, whatever
might be said of its taste.
Mr. s.ES Of Ohio -, agreed that they had M,
every legislative body had power to exclude persons
who would bring reproach upon u power the British
House Of Commons had often exercised he again cons
tended that the act Of Mr. Thomas At the outbreak OF the
aided the rebellion.
Mr.. Howard, trep) Of Mich, took issue with the
statement OF Mr. 1rumbull yesterday that no war
existed when Mr. Thomas resigned January, 1851,
and asserted that there had then been number Of acts
OF committed by rebels In arms against the govern
meu reciting the occurrences Of December, $780, In
the South and asking whether Mr.. Thomas was gno-
rant OF them Of the Vaccinations Of Floyd and Cobb
in the interest of the rebels. Mr. Howard then pro-
ceeded 10 discuss the letter OF resignation Of Mr.
Thomas the other points heretofore discussed He
felt bound to say from the evidence that IN his opinion
the motive set up by Mr.. Thomas In his attempt At
exculpaton for the act Of aiding his TO join the
rebellion not the true one being inconsistent with
his whole course OF conduct at that time II was made
duty by the Of 1892 exclude from this body
all faint Of treason and he would to allow
those who had been engaged in rebellion to take their
| seats here.
Mr. NORTON trep) OF Ind, followed and he likewise
combatted the several arguments Of Mr. Trumbp and
argued that Mr.. Thomas could not take the truth
fully having given both aid and counonance to the
bellion. He asked what greater encouragement or
countenance could be given the rebellion than leav
ing the government in the hour Of s perilY He also
dsccded the whole testimony OF the son. and thought
the OF aiding him to join the rebellion the fitting
sequel OF the conduct Of Thomas, who had shown
| by his speech that he was unchanged IN feeling.
Mr.. STEWART, (rep) of Nevada followed In opposition,
arguing that IL had been proposed by the South TO
conIscato Mr. Thomas property during the he could
have advanced good reasons against II In his whole con-
| dust.
| Mr.. FowLxR rep.) OF Tenn defcad the course Of
his colleague in the other House Colonel Siokes who
who had several mes in the course OF debate been held
up as justification OF the admission OF Mr.. Thomas,
| and gave his reasons for voting in the negative
Mr. DRAKs, trep) OF Mo-, nstanced as later precc-
dent than that Of the Stokes case cited BY Mr. lrum-
Dull yesterday, the case OF John Young brown whom
the House yesterday declined to admit for dsoyal
| spoken at the outbreak OF the
MIR. TIPros rep) Of Neb. reiterated tho consideration
which would influence him In voting the admission
MIR. JOHNSON, dem Of Maryland, announced his In.
ention 10 close the debate Monday, and hoped
vote would not be further deferred.
The senate then half past four into executive
| sesso on and about i've O'Clock adjourned 10 meet on
| Monday.
L