The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-01-14

constitution ana laws had been suspended by tie
war, and whatever the government did then was
tended that the constirntona provision for the pro-
lection OF properly was IN force at the south during
corpus and all the other provisions OF the cpnstitu
ton were not enf0rcedf The Emancipation Proca-
nation was deliberate distinction OF the rights OF
had thereby been made to suffer much more severely
than the claimant in this case yet no one proposes
against undertaking 70 pay claims ON the ground
Of the loyalty Of the claimants was that I
certainty 6stxssn ana Dosus oys
A Senator from Southern State had threatened II
Congress should decide to refuse payment Of claims
ioin 70 repudSee he national debt he had great
deal of respect for loyal men Of the so1sS ana ne
stood the ordeal Of the rebellion could be destroyed
Dy any such merely mercenary commentator.
M rs wnH ana S ns q me
which was but little better; but he would venture TO
af1rm that there was not negro at the South who
Mr.. HOWARD, trepJ Of Mich, followed with an ar
gument In reply to that made by Mr.. DAVIS yester.
the rebel communities were enemies Of the United
States Or could be treated a. such IN their persons
Mr. DAVIS tdem) OF KY. remarked that he had
not said any such thing. What he said was, that
every man engaged in insurrect,on or rebellion
enemy but was its individual, personal enemy,
and his action did not aect the loyalty OF the com
mUUlty SL8Le WHICH
Mr.. HOWARD said that II none but those who
waged actual war against the government were TO
be regarded as enemies Of the United States, then
the case advocated by Mr.. Davis whould be changed
greatly for the worse
Mr.. DAVIS was not willing to be misrepresented.
He had not said that none enemies butth0se ac
tuaily engaged in waging war. Every man who
resisted the government with arms was an enemy,
and 90 was every man. woman and child who
abotted his resistance; but each man. woman and
child was individually responsible.
Mr.. HOWARD wished to ask the Senator another
to be treated who did not aid or abet their gov
eminent or its enemies but remained silent and
neutral9 Were they TO be regarded as friends or
Mr. DAVIS replied that every man engaged in re-
sistance to the execution OF the laws Of the United
States was an enemy liable TO be shot down, and
every man otherwise engaged in resistance to the
government was liable to legal prosecution and pun
ishment but was not liable TO be shot down.
Mr.. HOWARD thought he had put very PLAIN
question, and as the senator from Kentucky mad
asa q answer II ne ~ "en,C '' was Dc
Mr.. DAVIS said he had answered the question OF
the Senator from Michigan II ne had intellect
| enough TO comprehend the answer.
Mr. HOWARD was quite willing to have a want OF
intellect attributed to him by the Senator from Ken
lucky, reservlng the right 70 appeal from his pro-
NJ. DAVIS said he would substitute "will'' for Gin
| telecp, in the remark he had made.
Mr.. HOWARD continued hs argument to show that
Alabama and all other rebel States were, during the
war; enemies territory and cltizens) public enc
miles, and therefore not entitled 70 any compensa-
ti0n for property taken destroyed by the govern
ment during the war. The common law maxim
inter aya Ieges SILENT covered the whole matter.
Mr. DAVIS said there was no such common law
NJ. HOWARD feared the Senator from Kentucky
must be forgetting his Blackstone, and begged leave
intellect BY reperusal OF that instructive work.
THE sAULT ST. MARIE RESERVATION.
At this point Mr. WILSON, (rep) OF Mass, from the
Committee on Military Affairs reported avoraby the
ton al Sauit 81. Marie. Men, TO Inc American ap.
| tist Home Mission society.
| DISPOSITIONS IN THE DISTRICT OF COLUMBIA.
Mr.. SUMNER, from the Committee on the District OF
Columbia, reported back with an important amend
ment the bill to provide 0r the execution in the
District Of commissions issued by the courts Of the
| states and Territories OF the United States or OF
foreign nations and for taking dispositions to De used
IN SAD courts y provides mat any party 70 SUIT
may obtain the testimony Of any witness residing in
temporarily within The District OF Columbia 10 be
THE WASHINGTON GENERAL HOSPITAL.
Mr. P0xEROY, repl Of Kansas, introduced bill TO
Asylum Of the District Of Columbia Referred to the
Committee on the District Of Columbia.
THE WASHINGTON GOLD MINING COMPANY.
Mr. COLE, (repl OF CAL, introduced bill to tncOr-
p0rate the National Gold and silver Mining Company
Of washington, d. Q. The object Of the company Is
70 carry on the business OF mining 10 Montana Terri
| tory.
PAYMENT OF GOVERNMENT EMPLOYEES.
M: sAwYER, Tepl Of s G., introduced . BIN
cfncers and employees Of the United States Who failed
to take the oath prescribed by the act OF July 1862
such sums Of money as may be found due them By
the accounting oicers Of the Treasury for services
actually rendered, provided that such oath was
sutsequenrly taken or be now taken, except IN cases
where the person entitled 70 compensation died be-
fore the passage Of the said act In which event tine
THE NATIONAL PACIFIC RAILROAD.
Mr. ABBOTT. (rep.) OF N. c. introduced bill to aid
the construction Of railroad and telegraph line
from the Rio Grande to the Pacific Ocean, which was
referred to the Committee on Pacific Railroads. 1t
Incorporates the National Pacific Railroad Company
to construct railroad and telegraph line nom .
point on the Rio Grande within twenty miles Of
Albuquerque, New Mexico, and San Diego, Cal.
| The capital stock Is fixed at $50, 000, COO
In ana she en,erpr a,ssrn sne Oh, pro- Q,
public land per mile each side OF the road, and
government Six per cent thirty year currency bonds
to the amount Of $32 000 per mile, to be secured by
second mortgage on the properly OF the company.
CONSIDERATION OF MISS MURPHY's CLAIM RESUMED.
Mr. HOWARD resumed--In reply to the doctrine
propounded by Mr. Davis in the previous debate that
all acts VI the Confederate government, state and
general, were null and void he said that If it were
| sound then the Senator from Kentucky must hold
that all marriages. transfers Of property and other
transactions which took place under those govern
Mr. DAVIS SAID that SO far as these governments
operated IN frfendliness TO the government OF the
United states and under the provisions Of the con-
sttuton their operations were vaid but 80 far as
their acton In conflict with the constitution 1t
| was wholly null and void.
Mr. HOWARD said he mad thought the Senator
would find Il necessary to modify his previous
Mr. DAVIS replied that he had not modified it, he
Mr.. How ARR. said that az matter OF course many
Of the acts OF the de Jdco rebel governments and
fiany private transactions that took place under
them must be recognized as valid. S1pbosInE the
case OF the sale OF land for non-payment Of taxes
imposed by the rebel government, and its purchase
for valuable consideration by an honest purchaser,
would any say that his title was not good Ger
tanly not. Private rights, which arose under those
dSsToE He sdfnseS ii that the te o. Miss Murphy
to the property for which she claimed compensation
| had arisen under the rebel State government, and
II So how could the Senator from Kentucky recon
Gle II TO his conscience TO pay for property TO which
| the legal claimant has no legal tItle9 Much had
been said by the advocates OF this bill OF the special
consideration due to the oyasts OF the South. In
| his judgment they, with but few exceptions, had
suffered less than any other class on either side.
| Most af them had stayed at home during the war,
and whatever taxes they paid had been In aid and
support OF the rebel cause. He warned senators who
complained OF the harshness OF refusing to pay claims
like this not TO 90 too far not to tread too heavily
on the toes OF the Surviving soldiers or the Union,
who would never consent TO the adoption Of policy