New-York tribune., 1868-03-27
XLTU CONGRESS-SECoND SESSION
SENA ATE WAsuISGTON March &c, 1e6

XTTU CONGRESS-SECOND SEbslON
SENATE. WASHINGTON, March &c, 1863
The CHAIR laid before the Senate q protest
from the Legislature Of Kentucky rectng the wroGs
done that State excluding its Representatives from the
House OF Representatives; also, memorial from the
Constitutional Convention Of South Carolina, praying for
the removal of political disabilities from several persons
named. Mr. MORGAN Rep., n " presented petition
from the merchants of New-YorR, praying that the ume
during which DRAWBACKS allowed be extended TO
Jan. l, 1869. Committee on Finance. Mr.. CHANDLER
punish FRAUDS on THE REVENUE, and for other
Ilggb IaV6gTaby. from the Committee on Finance bill
TO refund certain duties paid under protest .,..,
the Senate went into executive session.
At II O'Clock the Senate teok up
PRESIDENTS VETO MESSAGE.
HENDRICKS Dem Ind took the floor ne hec,eG Teed
the second section and the t OF February 1897 % % SeeteG SG
citizen the right Of haceG: corpus when restrained Si % ns
s Ss on on Es TnSd cd af States This vetoed D
repeals that provision Why do this, ndepen,
dent 0f all temporary considerations or party vewsf
tors on the other side. In civil suits. when $500
was allowed to appeal to the supreme Court. case
now, where mans life or liberty was involved; appeal
the Supreme Court was denied The law OF lsi2 grew
Of controversy in which Alexander Mcleod was III
volyed and i provides that aliens Gqnnhea nnoeT "a iw %
OF the United states shall have the right OF appeal no tHe
Supreme Courts He would ask the senator nom Ihois
whether that ola not g gyS & ng f' e T tSps6 IT did
lie deprecated the argument Of the asnte senator rom
Nevada n.
the Supreme Court was becoming eurdened WIN Dust 81
IL was strange argument iOr uepliNng Heh W W
that Court save the McCardle case, arising under this
law strange argument for throwing ont OF Court one
"HO'0 '''' was 6uSIIFicArroS OF OF JURORS
Mr. TRUMBUIL Rep, III introduced a pm 10 relation
10 the qualifications jurors which provides that no per
shall be held incompetent to act as Juror upon any
sbe United ~ ststes by reason having formed Or ex
pressed opinion upon the matters 10 be submitted 10
such grand jury for investigation, upon the guilt
l Innocence
be merely founded ON public rumor, statements ia
public Journals the common history Of the times pro
vided lie be otherwise competent and upon his oath de
clare and It appears the satisfaction Of the Court that
Tally act aPon the matters to be submitted and Try
accused upon the crime charged and give true verdict
set aside such Grand or Petit Juror.
RELIEF OF MANUFACTURES PROM TAXATION
At this point the bill to relieve certain manufactures
from internal tax came over from tle House ON mo
tsDn OF Mr. SHERMAN Qtep Ohio) the Senate now con
CURED the House amendments and ordered Com
A"''''' u THE VITO MESSAGE DEBATE RESUMED.
McCardle-continued Mr.. HENDkiCks-took the Posl,
ton that his liberty guaTanteSa Dy ne M oec nsa
on Of the Supreme Court under the pr0ys,ons oi the
case directly within the act of 1867 by which Senator
from Illinois fTrunbulD said IT was not anected IL NC
he committed other than libel in regard which the
Supreme Court said there should be constitutional trial
an appea to the suprcme Court Why it that sena
tors We're willing that the supreme Court should pass
upon their legislation More than hall OF me people oi
the United states had expressed their opinion against
the consttuonality Of their legislation YET they talked
/ about all the people Of the United btates. lhey hau
established system Of despOtsm IN the South more
odous ever was established by aynan though he
Whipped women in the streets When Senators ueIleu
tho constitutional right Of trial by jury ana na9e Jaw
providing for trial by military tribunal & wac ~ HCt b,h ~
necessity, for the supreme 'ouIt 70 ucouo "i0
was the aNl IL an effort to u Ke uO"h lne
as the Executive had been stricken Gown r. tIS S .
DO that and all power OF the country Was IN % te @ al
one department of the Government Were tbey not nVe
judges out of Of es9 ysS Tno With 6 MI Chase party leader
at their head Yet senators could not TEX having 1nG
legislation reviewed by that tribunal OF Their own orgahi
zaton, when the liberty OF citizen was ihVoIyGd'
MIR STEWART CRep., Neyl said that McCaiuIe, havlhg
had taken cognizance, arrested, rled, ana eh AZ
lowed go bail; and he certainly was i0t
aborng under very great disabilities He steWarp had
I'm that view made reference to the supreme court Dehg
overburdened with business IL %as ar o as
It was beyond the power OF the hnhDlest ndiVHua qua,
Therefore Senators not afraid of the supreme court
The nresmptOp was that the Supreme Court would obey
the law which was clearly on the side OF Congress.
! Mr.. HOWARD rep. MiehJ asked "hat "aS INC charge
'fdnIS Mr. WILLIAMS Rep, oregonJ Attempting breach
! of the peace and melting iDsurrecuon ,,,. l., os
| MIR HENDRICKS asked whether an article IN news
| paper could be a breach Of the pescet ,.
Mr. JoHNsoN CDen., Md said the proceedings rest on
four grounds; first disturbing The Rn6e peace o &
Army; fourth, obstFucting the Reconstruction acts
nTisdicton over Reconstruction and power to declare
that war has ceased, 1t had not exercised IT before
| Mr. JOHNSON replied the Constitution PROVIDES that
babeas corpus shall be suspended IN time OF peace
The Supreme Court decided In the Mlligan case
NhnN
The war ending in 1865 we had problem 10 solve. Many
ocers OF the Government including perhaps the fTesl
dent might be held liable under the state laws Ior the
necessary done during the war lhe ACT OF 1891 was
sDecaly proyided 10 meet sucn contingencies no ior tue
nToecon of rights the Southern States as the Senator
| from Illinois had said. -. -, -.
MIR TRIMBULL Rep. I'D believed that the law OF
Feb g. 1867 was passed chiefly Tor the protection Oi
coored citizens In the South TO protect them from opies
| sion under State laws. ~. - .,o..,. u,
covered all such The question In the MeCarde case
was strictly judicial and legal irrespective OF the tribunal
before which McCarde was tired, and every man Wcud
admit that be decided by the courts ana not Dy
the military. The Circuit Court having refused 70 dls
charge McCarde he applied 10 the Supreme Court under
the act OF February 1867 The Senate held that that act
| did not authorize an appeal; that u old not
| cover the case OF habeas corpus original,
/ ing in the Circuit Court, but only embraced
cases in that Court upon appeals from District Court
annreme Court for want OF Jurisdiction, and made an
sT9tnen TO that effect; but he failed by the unanimous
vote of the Court the ChieJustice saying; We enter
sin m doubt that appeal In this case lies and again
son 70 review the decision Of the Circuit Court" We
therefore thought the Senator's opinion that the Court
Aid NOT vote that had under the act OF 1867
was an utter misapprehenson The Senator had urged
nnon them that the Circuit Court from which the appeal
was taken, had NO Jurisdiction Inc Court answered
that that was a question 10 be decided upon
the case was heard on lts merits. Ihey
| dIsposed OF another objection IN the same way
He had the highest esteem for the Senators VINO yoeo
for this BILL but they must pardon nun ior saylsg tna nc
nat OF those who II they had understood It, would Ger
tanly have opposed IT, That ts purpose was ho W pt
inferred from lis title manifest On the Itn on hacn
1867 this bill reported In regard 10 hppeas III ieSe
nue cases. which was nnolecuclhpIe. vi, @ uo
tailed the circumstances Of It's amendInehI anu Pansakc
of at 4 wa OblGct-tnAt WOulu "