The Portland daily press., 1868-06-04
XLth O0NGRESs-second Session.
SENATE.

WASHINGTON, June 3.-Mr. Sumner offered
the following, which was ordered to be placed
on the calendar
Whereds, Pretension has been put forth to
the effect that the vote of a Senator on i'm
parchment is so far different in character from
his vote on any other question, that the people
have no right to criticise or consider it, and
Whereas, Such pretensions if not discounte-
nanced are calculated to impair that freedom
of Judgment which belongs to thelpeople on
all that is don@by their representatives, there
fore in order to remove all doubts on this
question, and to declare the constitutional
rights of the people in cases of impeachment
ReS0tUed, That even assuming that the SEN
ate is Court in exercise of judicial power
Senators cannot claim that their votes are ex-
empt from the judgment of the people; that
the Supreme Court when it has undertaken to
act on questions essentially political in char
acter, has not escaped this judgment; that the
decision of this high tribunal in support of
slavery has been openly condemned; that the
memorable utteranee known as the bred
Scott decision was Indignantly denounced and
repudiated, while the Chief Justice who pro-
nounced it became mark for censure and re-
buke; and that plainly the vote of Senators
on impeachment cannot enjoy immunity from
popular judgment which has been denied to
the Supreme Court with fancy as Chief JUS
tice.
Resolued, That the Senate is not at any time
a Court invested with judicial power, but that
it is always Senate with specific functions
declared Dy bne CONSTITUTIONS, UnaJ according
ing to the express words the judicial power of
the United States is vested in one Supreme
Court and such inferior Courts as Congress
may from time to time ordain and establish,
while it is further provided that the Senate
shall have the sole power to try all impeach-
ments, thus positively making a distinction
between the judicial powers and the powers
to try impeachments; that the Senate an
impeachment trial does not exercise any por-
ton of the judicial power, but another and a
a1.,cix aIx,I ,.I1
Senate, having for its object the removal from
Office and disqualifications; therefore, that by
the terms of the Constitution there NAV be
after conviction on impeachment further
trial apd punishment according to law, thus
making discrimination between proceeding
by impeachment and proceeding according to
law; that proceeding by impeachment is not
according to law and is not attended by legal
punishment, but is of an opposite character,
and from beginning TO end political, being in
stituted by political body and on account of
political offences, being conducted before
another political body having political pewer
only, and ending in a judgment which is po-
litical only; and therefore the vote of Sena-
tor on impeachment, though different in form
is not different in responsibility from his vote
on any other political question, nor can any
other Senator on such au occasion claim inn
munity from that just accountability which
the representative at all times owes to his con-
stituents.
ResolUed, That Senators in all that they do
are under the obligation of an oath binding
them to the strictest rectitude; that on i'm
parchment they take further oath according
to the requirement of the Constitution, which
says Senators when sitting to try impeach
ment shall be on oath or affirmation; that this
simple requirement was never intended to
change the character OF the Senate as poiti-
cal body, and cannot have any such operation,
and therefore Senators whether before or after
the supplementary oath are equally response
BILE to the people for their votes, it being the
constitutional right of the people at all times
to sit in judgment on their representatives.
Mr.. Chandler called up the bill to regulate
the foreign coasting trade of the United States
on the northwestern and northeastern coasts.
Mr. Morrill,, of Vermont, thought the bill, as
at present framed, would allow masters to per-
petrate any fraud they please; that it would
give great facility Tor smuggling; that the fees
were SO largely reduced as to materially affect
the revenue, and thought the present rates
had given satisfaction, and that the penalties
for violations of the law, instead of twenty
dollars, should be at least 800.
Mr.. Morrill, of Maine, proposed amendments
to meet most of the grounds of objection
which were agreed to and the bill passed
Mr.. CONFESS called up the bill to extend the
time for the construction of the Southern Pa
cifie Railroad of California, which was passed
The special order, the bill to provide for the
temporary Government for the Territory of
wyoming, was taken up, and a statement,
showing the resources of the territory, was
submitted by MI. Il aUeS cualflnan Oh Une COm-
mittee on Territories.
Some discussion arose on the amendment
changing the name to Lincoln.
Mr. Morrill, of Maine from the committee OF
conference on the army appropriation bill,
made report which was agreed to.
Mr.. Sherman from the Committee on FL
nance, reported the following amendment to
the bill reported January 16, relating to United
States notes, to strike out all after the enact
ing clause and insert:
mat any contract hereafter made specifical-
ly payable IN coin, shall be legal and valid, and
may be enforced according to it's terms, any
thing In the several acts relating TO United
States notesto the contrary Notwithstanding.
Mr.. Hendricks moved to take mn the hill To
make eight hours days labor in Government
workshops.
Mr.. Trumbull urged the Consideration of
the bill for the admission of North and Snnth
Carolina, Louisiana, Georgia and Florida
After some discussion and without action
the Senate adjourned.
HOUSE.
The Speaker presented several executive
communications, among them letter from
the Secretary OF War, with communications
from Gen. Sheridan relative to Government
aid to the Pacific Railroad, eastern division.
MIR. Burr proceeded to congratulate thu
House and country on the Democratic victory
in Oregon, but Mr.. Farnsworth called for thu
regular business.
The House then proceeded to the consdera