The New York herald., 1868-03-01
THE FORTIETH CONGRESS.
Second Session.


SEN ATE
WASHINGTON, Feb 20, 1858.
MEMORIALS AND PETITIONS.
Tho CnAIR laid before tho Senate memorials from the
Legislature OF the stale OF Missouri asking aid to
pair Of the Mississippi river which was refer
ned 10 the Committee on Commerce
Nj. NYE, rep) of Nevada, presented a petition OF
captain r. W. Meade Of the United States Navy to be
lseed the active list which referred to the Com.
hktee on Naval Affairs.
TIE GOVERNOR or IDAHO AND MS SALARY.
A EYr offered resolution inquiring CT the Secretary
q the Treasury for what The salary Of the Gov
sYncr Of Idaho is withheld which was adopted.
yhsg0sED ABOLITION THE oFFICE ADyUrANr GENERAL
ARMY.
nr TnAYER, trepi OF Neb, introduced q bill to abolish
% enoe OF Adjutant General OF the Army which was
ssfsrrsd 10 the Committee on Military Affairs
uNnsD STATES COURTS TERRITORIES
Mr. CRAGrS (rep) OF n. H., introduced bill TO pro-
vide for tho holding Of United States courts in Terri
tprits Of the United Sates which referred to the
Committee on Territories
Consideration Of tho Impeachment Report.
On motion or Mr.. HOWARD trep) Of Mich, the senate
proceeded to the consideration Of the report Of the
ssc. committee Of seven in respec. to impeachment
Ybe question was stated to be the adoption Of the
rules
Mr. JOHNSON. tdem) OF Nd, moved that action be
saksu each article separately saying that Senators
night concur in some aud object TO others.
Mr. DAVIS ldem.) OF KY, moved TO refer the report
iask to the committee, with the following instruc-
Sions:-rhat the constitution OF the United States having
appointed tho Senate to try all Of impeachment
snd having provided that the Senate be composed Of
tvs Senators each State and the States Of vir-
ginia North Carolina South Carolina, Georgia, Alabama,
Mississippi, Arkansas, LOUISIANA, Florida and Texas
having right elect two Senator's but not being re-
presented this oor the Senate cannot therefore re-
sslvs itself into High Court OF impeachment Mr..
Davis supposed that all would that the States
ssed are and continued during the TO be, States
n the Union, and II he contended that they
ted representation In The Senate whom IT resolved
Nssf into court Of impeachment. It had been threat
snsd 10 exclude his State fom representation Had
Congress power to deny Ohio Indiana representation
md So could the Senate resolve itself into ofm-
peachment, and In such OF things thirds
majority pronounce upon such question: He pre-
Snmeo Senators would admit that Congress had
no right 10 exclude States that had never been
N rebellion from representation. II II were
oeherwiso tho majority OF Congress would have
power over all constitutional questions. Under the
constitution every sato IN the Union had right to be
represented In the Senate, and Its representatives had
right 70 be component parts Of court OF impeach.
Hsnt without this there no safety for the tenure
of the President any officer Of tho government If
that principle we're conceded II not proposed TO
violate II the present occasion? Was not Virginia
Sate In the Unon' In the carly part OF 1861 she
represented here and johnson throughout that
sios as Senator from Tennessee His friends Senator
Wiley and Senator Carlisle appeared at the session
commencing in December, 1851, with credentials from
Virginia The Senator from Delaware (Mr Salisbury
objected to their admission tho ground their cre
Aentials wero not signed by the true Governor OF
Virginia, but the senate voted to receive them
and they admitted, Senator Wiley remaining as
representative Of Virginia until the creation Of West
virriua into state and Mr. Carlisle served until the
expiration OF his term, while the term Of Mr. Bowdoin
weud not have expired until long after; and long
Virginia seeded from three to Eve ves
served in tho House. Mr.. Clements and Mr.. Maynard,
from Tennessee received by the House OF Rep
rssenaves In 1851 and served their term Of two years
Members from Lousiana-Messrs- Hahn and Flanders
vero admitted in 1865, and served out their terms
Mr. BArAnD (dem.) OF Del, thought that the Senate
lad authority rs Legislative body TO decide upon It's
Jurisdiction as a OF impcs hment. When the ques
Aon before them q court be should express his
opinion OF the plea, II made.
Mr. DAvB said he bad considered that question, aud
had arrived at different conclusion Suppose there
but thirty Senators present. and they appointed
committee to prepare rules would It no, be competent
suted had power form themselves into court Of
impeachmentS He thought, ,herefors that the motion
was properly now. II q Senatorial question,
not one for the Court Of Impeachment decide Had
the excluded States, he went on 10 say never re-
Oeled Congress exclude other states aud then
resolve itself court OF impcscbmentf He thought
not When q rebelious State submitted to the laws
no claimed that It was as much IN the Union oi
II IL had never taken part In the rebel
lion. virginia had had representative IN
che Senate ever since the rebellion commenced. He
quoted tho case Of Luther Borden TO show that when
senators and Representatives from State are admitted
che State Ia thus recognized as being State In the
Union and republican in form by the proper constitu
sonal authority He thought that settled the question
TO Virginia and Tennessee and ~ representatives.
we're admitted from Louisiana, he thought that con-
elusive that both Houes had rscoenized Louisiana also