The New York herald., 1869-01-09

per pound upon all cotton used by them. and fnli
visions shall be laid before Congress at the COM
mencement OF every regular session.
RAILROAD LANDS IN WISCONSIN,.
Mr.. POMERoY, (rep.l or Kansas, from the Commit
tee ON Public Lands reported back, without amend
ment the bill granting lands TO the state OF Wscon-
Lake Pepin Railway. Ten alternate sections per
mile are granted on each side OF the road
JURISDICTION or THE COURT or CLAIMS:
Mr. FOWLER (rep) OF Tenn, introduced bill TO
amend the act or July 1854 to restrict the ursdic
ton OF the Court OF Claims, which was referred to
the Comniittee ON Judiciary II provioes lor lhe
titled to the benefits OF said act OF claims FOR stools
furnished 10 the engineer and ordnance departments
OF the army.
HOME FOR SOLDIERS OF THE MEXICAN WAR.
Mr. COLE, trepl OF CAL, presented the petition OF
A. NJ. Kenaday agentof the AssocaIeu veterans OF
branch OF the Soldiers Home for the Pacific coast,
admitting soldiers who served in Mexico on the
same footing with those soldiers VINO nave served
continuously twenty years. Referred to the Military
Committee.
On motion OF Mr. WILLIAMS (rep.) OF oregon the
Senate took up and after brief debate passed the
bill to grant lands to aid in the construction OF
military wagon road from Coos Bay to Rooseourg,
Oregon.
On motion Of MT. THAyER trepl OF Neb;, a o.,
to confirm the title to certain lands In Nebraska, and
o bal supplementary thereto, were taken up ana
passed.
The morning hour having expired the bin for the
relief OF Sue Murphy of Decatur, Ala. again came
up for consideration.
the noor said that the bill seemed to him so obvi-
ousy lust that he could not understand WHY the
WAYS loyal citizen OF the United States was clear
y entitled to payment for her property taken by the
government for public use; and whoever wished
and others like it were allowed their amount
would be greater than the people could aiford ORD
Sonds to ay Of sSSd s Should nc ep
dated on the same ET6;lnds. The obligations
to pay the bonds rested merely on contract, but
this rested on higher grounds-an gro express constltu
ti0nal provision. 1t had been objected to this claim
that the property taken was in an enemys country.
But this was not the fact. Decatur was within the
lines OF the United states army, and the authority
OF the government had been already re-established
there. In reply to the argument made against the
bill on the ground that Mrs. Murphy being citi-
zen ana resident Of Alabama, must necessarily have
been public enemy, he cited the declaration OF q
prominent republican Governor Morton) In Septem-
ber 1885, that the war was waged to suppress an IN.
surrection OF individuals not OF States, and that
tion were personally responsible Mrs. Murphy he
said never ceased to be loyal citizen OF the United
States and therefore could not De heid IN any de-
gree responsible for the dsl0yalty of her neghbors
Mrs. Mtfphy's claim rested on the ground that she
was citizen OF the United States, whose property;
having been taken for public use should be paid
for the fact Of her LOYALTY increased her citizenship
made her claim stronger than the claim OF citi-
Mr. HENpRIcKs declined to discuss the merits OF
any other claim than the before the Senate. The
fidelity Of the claimant In this case to her govern
ment had never been questioned and although,
therefore, the obligation OF the government TO pay for
her property taken for public use is apparent yet
the obligation might be questioned In the case OF q
person who had taken part In an insurrecnon. The
people, although they had to pay for many things
that they ought never to pay for yet able to pay
every right and just claim like that OF Mrs Murphy
Mr.. CONKLING said he had convinced himself that
the bill was p?re important n Its rea9n 70 e sne
thought Il the Object o. the Senate were to make the
WAR ss anS espose q e M pac the
bill. In 1854, when her property was destroyed. the
claimant was citizen OF Alabama-a portion ol we
the President to be In state of insnrrection. gs
Mr. HOWE trepJ OF Wis.,, remarked that what the
President In his proclamation had said was not that
Alabama was In insurrecti0n, but there was an In
ss Ssss? sSpeS ssss o fsE ss ss: ns.d
reasoning he supposed that when State, or coun.
try any entire geographical thing was named, the
Mr. HOWE Asked him whether II newspaper par.
agraph should state that the smallpox had broken
out In the state Of New York It pust be understood
not whether an nAurrection might not hreak out In
state without involving the whole statef
for pleasantly, and thought that as such 1t must
have some merit because II made the Senator from
Indiana iNr: Hendricks laugh He repeated % @ that s
It by the decisions Of the Supreme Court had the ef
feet OF making the whole OF the state OF Alabama
enemys territory. No valid claim could be made
for property destroyed that territory and the 10y
atty or disoyalty of the claimant was wholly imma-
terial, because the constitutional provision under
which the claim was made recognized no such dis
tinction.
Messrs. FRELNaHuYsEN rep.) Of MI. ana PAT
TERsoN, trepJ Of N. H., followed In opposition to
Mr.. DAVIS, tdem.) Of KY. asked Senators Patterson
or Frelinghuysen or Conkling to state distinctly
Mr.: PAT!ERsoS replied mat il was taken, he sup
either pary % take the propey
sary In order to carry out the objects Of the war.
Mr.. DAVIS ASKED the same gentlemen, or either OF
whether upon the theory that the States In nsurrec
tion were the enemys territory the property OF An
Wsyns 81 "a ~ e o1
OF Columbia, was liable to be seized during the war
az Mrs. Murphy's property had been seized.
parallel with the case OF Mr.. Graham, previously
cited by him, who had been refused payment by the
r 0 n e n e s ~
reason why Andrew Johnson should be treated diff
ferently; and by way Of further reply he asked Mr.
would be entitled to payment for property destroyed
In battlef
Hampshire with the adrotness characteristic Of the
section he represented had attempted to answer his
question by asking another. (Laughtcr) But he In
sisted upon categorical answer
Mr.. PATTERSON said he had thought the question
put by the Senator from Kentucky would be sum-
cienty answered by reminding him that the District
OF Columbia was not and had not been Of any time
proclaimed by the President TO be enemy's territory.
Mr.. DAVIS said that the opponents OF this bill had
opposed It upon the ground that the law OF nations
which regulates the rights and liabilities OF citizens
and subjects OF nations at war with each other, ap
plies TO the OF the states In rebellion against the
government Of the United States but the answer OF
Mr.. Howard abandoned that ground, because n the
law OF nations applied here then Mr.. Johnson and
Judge Wayne, being citizens OF an enemys country,
their property In the District OF Columbia else
where would be liable to confscation.
PERSONAL RELIEF BILL.
without acting on the bill the Senate took up and
passed bill for the relief OF X. w. Best and Samuel
Phillips. OF North Carolina and then, at four r. M,
adjourned to Monday.