The Portland daily press., 1868-03-27
XLth CONGRESS- Second Session.

SENATE.
WASHINGTON, March 26.-The Chair laid
before the Senate protest from the Leg
islature of Kentucky against the wrong done
that State in excluding its Representatives
from the House of Representatives and an
nounoing it unconstitutional, SC, which
was referred to the Judiciary Committee.
Also a memorial from the Constitutional
Convention of South Carolina praying for the
removal of political disabilities from several
persons named. Referred to the Judiciary
Committee
Mr.. Morgan presented petition from mer-
chants of New Yerk' praying that the time
during which drawbacks are allowed, be ex-
tended to January LIST, 1869, which was refer
red to the Committee on Finance.
Mr.. Chandler reported favorably from the
Z Committee Oh Commerce bill to prevent and
punish frauds on the Revenue and for other
purposes. On his motion it was referred to
the Committee on Finance
Mr. Sherman reported favorably from the
Committee on Finance the bill to refund GER
tain duties paid under protest
Mr.. Trumbull introduced bill in relation
to the qualifications OF jurors which provides
that no person shall be held incompetent to
act as Juror upon any grand Jury as Juror
in trials for public offences against the United
States by reason of having found or expressed
an opinion upon matters to be submitted 10
such grand jury for investigation. upon the
guilt or innocence of the person accused if
such opinion be merely founded on public ru-
NOR, statements in public journals or the COM
mon history of the times provided he be
otherwise competent, and upon his oath de-
clare, and it appears to the satisfaction of the
Cont that Notwithstanding such opinion he
can and will impartialy act upon matters to
he submitted, and try the accused upon the
crime charged and give true verdict upon
the evidence; but the Court may in its discre-
ton set aside such grand or petit juror.
On motion of Mr.. Sumner tie Senate went
4 ito executive session.
AT half past o'clock the Senate resumed
legislative business, and took up the Presi-
dents veto message, pending last evening.
Mr.. Hendricks contended that the act of
1867 gave any citizen the right of habeas COR
pus when restrained of liberty in violation of
the Constitution or treaties of the United
States. This vetoed bill repealed that provis
ion. Why do this independent of all tempo
rary considerations or party views. The law
of 1912 provided that aliens confined under the
laws of the United States should have the
right TO appeal to the Supreme Court, and in
his opinion gave the right of appeal in all ha-
beas corpus cases up to that time, and in CIV
ing the right to foreigners, could not be recon-
ciled to the deprivation of the right from citi-
Gems. According to the act of 1867, these cases
were brought in accordance with The Consti-
tuition of the United States in nroyiding a iti-
dical system. Could the Senators rec5nci e
this deprivation of the right of appeal with The
principles OF law and justice? He recited the
McArdle case which had been brought direct
ly within the law of 1867. If he (Iendricksl
had occasion to go South, and EXPRESSED him.
Felf in hostility to the policy of Congress would
Senators say, if he were arrested by the mill
tary authorities and appealed to the Supreme
Court. he should he sent back to his dungeon?
Why was it that they were not willing that
the Supreme Court should pass upon their leg
islaton. More than half the people Of the
United States had expressed their opinion
against the constitutiouality of their legisa-
ton. Yet they talked about all the people Of
the United States. They had established a
system of despotism in the South more odIous
than than that of Hayman. 1t was an effort
to strike down the judiciary as the Executive
had been stricken down in his last year. DO
that ana all the power of the country was IN
the hands OF one department of the Govern
ment. One department should be check up
on another.
here the internal tax bill came from the
Rouse, ana on motion OF Mr. Sherman the
Senate non-concurred in the House amend
ments ana ordered committee of conference.
Inc DEBATE on the veto message was again
resumed, AM MT Stewart said it appeared the
rights OF a man were very much invoved in
this bill though an appeal to the Snnra,na
Court had been dispensed with for three.onar-
tiers of century until last year. Mr.. McA rdla
having committed an offence taken cognizance
of by the military authorities, he was arrested
tried and then allowed to go on BAIL and he
certainly was not therefore, labOring under
great disabilities 1t was as much beyond the
power Of the Supreme Court to hinder recon-
Btrnction, as it was beyond the power of the
humblest individual; therefore, they were no
afraid OF the Supreme Court
Mr., Howard asked what charge against Mr.
McArdle had been made.