The New York herald., 1868-03-27
THE F0RTIETH CONGRESS.
Second Session.


WASHiNGTON MATCH 70, 1905.
PROTEST AGAINST THE EXCLUSION OF KENTUCKY CON-
GRESSMEN.
The CHAIR laid before the Senate a protest from
the Legislature Of Kentucky against the wrong done
that State in excluding its Representatives from the
House OF Representatives, and Idenouncing it as
unconstitutional, &C., which was referred to the
Judiciary Committee.
Also memorial from the Constitutional Conven-
tion of South Carolina, praying the removal of po-
ltical disabilities from several persons named. Re-
ferred to the Judiciary Committee.
PETITION FOR THE EXTENSION OF TINE FOR THE
ALLOWANCE OF DRAWBACKS.
Mr.. MORGAN, trep) OF n. T., presented petition
from the merchants OF New York, praying that the
time during which drawbacks are allowed be ex-
tended to January l, 1862 which referred to the
Committee on Finance.
PREVENTION AND PUNISHMENT OF FRAUDS ON THE
REVENUE.
Mr.. CHANDLER (rep) OF Mich reported favorably
from the Committee on Commerce bill to prevent
and punish frauds on the revenue and for other pur
poses. On his motion 1t was referred to the Commit
REFuNDISG DUTIEsfArD UNDER PROTEST.
from the Committee on Finance biz to refund GER
tain duties paid under protest.
QUALIFICATIONS OF JURORS.
Mr.. TRUMBuLL rep) OF H., introduced bill in
lation to the qualifications OF jurors which provides
that no person shall be held incompetent to act q
trials for public offences against the United
States, by reason OF having formed or expressed
an opinion upon the matters to be submitted to such
grand jury for investigation, or upon the guilt or In
nocence OF the person accused, II such opinion be
merely founded on public rumor, statements in
times; provided he be otherwise competent
and upon his oath declare, and 1t appears
standing such opinion, he can and win impair.
TALLY act upon the matters to be submitted and try
the accused upon the crime charged and give true
verdict upon the evidences but the court may in its
discretion, set aside such grand or petit juror.
EXECUTIVE SESSION.
On motion OF Mr. SUMNER, (rep.) OF Mass, at
twelve O'Clock he
went into executive session.
CONSIDERATION OFT OF THE VETO MESSAGE.
lative business and took up the Presidents veto
message pending last evening.
Mr.. HENDRICKS, (dem.) OF Ind, took the floor. He
read the second section and the act OF February s.
fS67 affected by it, and said the effect OF that act was
to give any citizen the right OF habeas corpus when
restrained OF his liberty In violation OF the constt-
ton, laws or treaties OF the United States. This
toed bill repealed that provision. why do this,
Independent OF all temporary considerations or party
views2 He would like TO hear reasons from the
Senators the other side. In civil suits when
$4,000 or more e was II involved In the the Circuit Court
In a case now, when mans life or liberty was in
volved, appeato the Supreme Court was denied
Alexander Mcleod was involved; and ii provides
that aliens confined under a law OF the United
states sta snouS hsys 1Osr. the right odo Of TO
Senator from Illinois whether that did
not give the right OF appeal In all habeas corpus
call the Senator's attention to the language of that
act in connection with that OF the act OF 1867 lie
understood the Supreme Court to hold that the latter
act gave them the right OF review OF all habeas cor
pus cases, the language being the in both cases.
II foreigner was deprived OF liberty against the
provisions Of the law OF foreign States he was al-
lowed an appeal to the Supreme Court under the
law OF 1S42 Could Senators reconcile that with the
deprivation Of that right from ctizensf The act OF
1859 gave the Supreme Court very limited jurisdiction
In habeas corpus cases. being only In cases involving
their own Jurisdiction. Under this law appeal was
not allowed In habeas corpus cases. When how
ever the act OF 1912 was passed. the right OF appeal
In cases where individual liberty was involved was
recognized He contended that, according to the
act Of 1867 these cases were brought In accordance
with the constitution OF the United States In pro-
viding judicial system. Why keep man from the
highest court In the country when his liberty IL in
volved while he could go there II he had two thou
sand dollars at stalker suppose man on trial be-
fore court unknown to the constitution of the United
States-nay, decided so by the Supreme Court
TO be unknown to it-could Senators reconcile de-
prving him Of the right OF appeal with principles OF
law and justce2 He deprecated the argument of the
bill should pass because the Supreme Court was be.
coming overcrowded. IL was q strange argument
for deprivng men Of individual liberty; he had failed
10 point out any case IN that court save the McCarde
case, arising under this law; strange argument for
throwing out Of court one whose life was In danger
That Senator had changed his course greatly since
two years ago, when he was very conservative, as
would be remembered, and very much devoted 10
the President.
THB TAX EXEMPTION BILL FROM THE HOUSE.
At this point the bill TO relieve certain manufac.
lures from internal tax came over from the House.
On motion Of Mr. SHERMAN The Senate non-con.