The New York herald., 1869-01-12

execution Of judgments in capital cases. Referred
TO the Judiciary ommittee. at
The bill provides that whenever Judgment OF
deaih has been shall hereafter be rendered n any
court OF the United States and the case has been
shall be carried to the Supreme Court by appeal
writ OF error IN pursuance OF law, II shall be the
duty Of the inferior court to POSTPONE the execution
thereof from tine 10 time until the mandate Of the
Supreme Court shall have been received and entered
upon lts records. In case such Judgment u affirmed
by the Supreme Court it shall DC the duty Of The
lower court rendering the original judgment to ap-
point day for the execution thereof; and In case Of
reversal, such further proceedings shall be hsd az
provided that whenever from any cause whatever
q Judgment Of death has not been executed on the
day appointed therefore BY the Court II shall be Ie
duty OF the Court TO appoint another day for the
execution OF such Judgment
Mr.. KELLOGG rep.l OF La, introduced bill to de-
in Louisiana Referred to the COMMITTEES on Com
Mr. CORSET, rep.) Of Oregon, introduced a bin to
ferred to the Committee ON Post Ofices and Post
vide for the construction Of wagon road for mini
tary and other purposes through Dac0tah, Montana
and washington Territories. Referred to Committee
Mr.. HENDRIcKs, (dem.) OF Ind.. presented remon-
STRANGE against increasing The duties on IRON and
STEEL Referred to the COMMITTEES on Commerce.
RELIEF or MRS. MURPHY, OF ALABAMA.
The Senate then on motion OF Mr. HOWE, rep) Of
Wis., took up the bill for the relief OF Sue Murphy.
thought the ought e pay s Tor proper
taken In all cases where there was contract ex-
pressed or Implied which there was not In this case
The doctrine that loyal citizens In disoyal Districts
should have their losses paid for by the government
would be very dangerous one and would deprive
such oyasts of one great motive for exerton against
Mr; FOWLER, |repl q Tenn. advocated the pay;
always been loyal citizen and her property had
been taken by the government for public use. :
Mr.. CoNKLING remarked that II such claims were
to be paid because OF the loyalty OF the claimants
then If the late amnesty proclamation should be
sustained their rebel ncghbors being thus purged OF
their dlsldyalty, might come in with similar claims.
Mr.. FOWLER did not think that the proclamation
even valid, could have any slch effect but would
speak merely to relieve dlsloyal persons from the
penalties Of their disloyalty He regarded the 10y
atty OF the claimant As most important clrcum-
stance. Would Congress declare that there was no
difference between loyalty and disloyaltyf His
question because she had furnished forty thousand
loyal soldiers to the Uni0n whose property much Of
it, was damaged or destroyed while they were abb
sent lighting the battles OF the country; and Ii they
were now 70 be told that they stood IN the same rela
ton to the government as their rebel neighbors he
be expected from them to sustain the faith OF the
nation pledged to the bopdholders. The oyalists Of
the South would never consent to become the slaves
Of the money changers under the miserable doctrine
OF constructive treason.
Mr.. PoMERoY, trepl Of Kansas, thought this an
rest their Case upon because there seemed to be no
very strong evidence that Mrs. Murphy was loyal
Mr. suMNYR, trep.) Of Mass, read in this connec-
ton letter to him from Mr.. D. Humphrey, Of Ala
bama, asserting that the property claimed BY Mrs
whom he Humphrey had bought some Of it, ana
whom nobody claimed to have been loyal; that the
property cost before the war, when ct its highest
Mrs.. SafpR; herself had made n more &C s' rebel ns
rangues during the war In presenting rebel nags
Mr.. ANTHONY said he could not recollect exactly
the evidence upon which the committee had come to
ns Ss s pssc the
loyalty had been clearly shown.
Mr.. PoMEROY read from the report Of the commit
zee 70 SHOW the insufcency Of the evidence Of her
Mr.. FOWLER asked him whether there was parti-
Gle OF evidence OF her disoya except the statement
Qf Humphrey, who, he had no doubt could be shown
Mr. PoxERoY replied that he was not trying to
Inc that i wa was I. an test because
loyalty was not positively proved.
Mr. WARNER, lrep) Of Ala, said he knew Mr.
Humphrey 70 % oe reputable gentleman and mot at
Mr: sPEEc.R. lrep.l Of Ala, felt called upon, the
ssy that he Was tronbesome man Mn in Alabama, "a and
that he knew nothing about Mrs. Murphy's charac-
ter and probably mad never seen her. Mr. Spencer
her loyalty BY the testimony Of ocers Of the United
States In regard 70 her loyal character and SER
NJ. YuiHRoY said that the evidence only showed
the loyalty Of hrs. Murphy after the arrival Of the
United States army, and there was no evidence OF
previous loyalty. He read some OF the testimony
given before the committee on the subject and
Ntter from General Grant to Mrs, MUIR
Dhy, saying that her loyalty had been
Clearly proved; chat her claim seemed to him
Just, and that II any claims were to be allowed
for damages done or property taken by the army In
the South, he would recommend that hers should be
aowed but adding that the whole question was to
be determined BY Congress-.
MI. D00LITTLE dem.) OF Wis, said that at the be-
ginning OF the debate upon this claim he was in
cned TO oppose all such claims in view OF the great
but the discussion had forced him to the conclusion
that Mrs. Murphys claims and all other similar ones
ought to be paid under well established principles OF
eject that nation is bound to pay for property OF
It's citizens taken destroyed by It deliberately In
time Of war; though not from loss resulting from in
evitable necessity.
AT half-past three the Senate went into executive
session, and the session afterwards adjourned.