New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-02-02
RIVER NEWS, MARKETS. E1
Dispatches TO the Associated Press.l
Congregational ProceedInga.

AD1hAsNAoa
Congressional Proceedings.
WASHINGTON, February 1-Senate.-No
session to-day.
HOuse.-The president was asked whether
he had appointed certain special agents as
postmasteTs, who had been rejected by the
senate, and under what law such appoint
ments had been made.
The John Young Brown case was re-
sumed, Mr. Beck advocating Browns ad-
mission. He denied that the house had the
right to extend inquiries beyond eonstitu-
tional prescriptions, and held that If the
member elected took the oath he had
right to a seat. The charges of disloyalty
should come up afterward. when, if found
guilty, two-thirds could expel him.
Mr.. Knott, of Kentucky, favored Mr..
Browns admission.
Mr.. Kerr, a member of the committee,
was sick, consequently action was post
poned till Monday.
Mr.. Brooks presented a petition from
many citizens of New York, praying for
the removal of the income tax. House
adjourned.
From Washington.
WASHINGTON, February "A bill sent 10
the president to-day authorizes the sale of
thirty-five of our fifty-four ironclads.
The attorney generals opinion regarding
the sale Of the Dismal Swamp stock is, in
effect, that the United States are simply
stockholders, and the sale would be simply
a transfer of personal property. The at
torney general is at a loss te know how
the stock can be sold with guarantee from
the purchasers that the canal shall be kept
open. The sale under the recent act of
congress is, therefore, postponed.
The committee of ways and means have
agreed to the senate amendments to the
whisky meter bill, and it will doubtless
pass the house. 1t authorizes five commits
sioners to act with President Henry and
Professor Hilyard, of the Smithsonian In
stitute.
This morniRg's World has the following
WdehiRgtOn, January 3l.-President
Johnson is to declare to Great Britain the
American ultimatum. The tergiversation
! of Secretary Seward is of avail no more.
Another and higher authority has deter
mined upon the course which is to be pur-
sued in respect to the claims of of the Unit
ed States government upon Great Britain
l am authorized to state most confidently
and decisively that the legitimate demands
which have been too meekly urged by the
secretary of state upon the British cabinet
are to be enforced at whatever hazard.
"The new British minister, Thornton, will
probably be presented to President John
son on Thursday. Although the addresses
that are to be exchanged between the pres
ident and Mr.. Thornton may be guarded
and serene, the fact yet remains that
speedy and satisfactory response mnst he
made by the British government to the ulti
matum of the executive of the United States
or else declaration of war against Grea
Britain must inevitably ensue.
Signed: ]. B. So
The argument in the MeCardle case wa
resumed. Mr.. Hughes said that the peti
ton of MeCardle, appealing from the de
cision of the courts, is founded on the as
sumption that the reconstruction laws ar
unconstitutional. The petitioner assert
that he is not accused of any military Of
fense, but when he comes to explain th
reasons for his arrest says that he wa
charged with opposing the reconstruction
acts. Mr.. hughes quoted an article whic
the petitioner published, showing the vic
lehce Of the language toward the militar
authorities, and strong condemnation of th
reconstruction acts. The whole tenor {
the reconstruction act of March, 1867, cor
tains no saving clause, and gives no juril
dietion to any court of the United State
to interfere with the habeas corpus act Tn
act rather excludes the notion that it wa
to be football between the courts of th
United States and the military power, bC
tween circuit courts and major generals
and between congress and the suprem
court. The military power Of the govern
ment and the War-making power is reserves
to congress alone by the consttution-hav
ing waged war for four years and the su
preme court having recognized it as a sol
emn war.
The United States here represented say
that the action does not recognize the righ
} of the judiciary to interfere with the politi
cal power now exercised in the late seeded
states, and does not recognize it as having
the power to interfere in the interval iron
, the close Of the war until now, when ths
work Of reconstruction is in progress.
Mr. Hughes in support Of his argumen
referred the court to various legal authOri
ties.
Hon. Jeremiah S. Black expressed hi
surprise that the motion had been made Il
dismiss the case, as the court had alread,
set time to hear the argument on the sub
jeet
On former occasion the counsel for Ii
United States were opposed to considering
the case at all, but now they 20 of hall
cooked. Editorial articles which had bee
read were calculated to exasperate th
friends Of General Ord, but his privat
opinion was that the epithets against ths
officer were not deserved. If it is true d
asserted that neither this court nor the eli
cult court OF Mississippi has any jurisdiC
ton over this subject, then the America
people are in the precise condition th
French people were in during the mon
arehy, when any man could be imprisoned
and kept in prison until he died OF was for
gotten. Black said that the very law IRON
which Mr.. Hughes quoted expressly de
elares that the several courts Of the Unltee
States, and the Judges OF these courts, ahal
have power to determine exactly such case