The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-01-06

WASHINGTON, Jan. g. 1869.
The Senate resumed It's session ut twelve O'Clock,
the following named Senators being present.
Messrs. Buckalew, Cattell, Cole, Conkling, Dixon,
Davis, Edmunds, Ferry, Fessenden, Fowler, Freling
huysen, Grimes, Harlan Harris. Howard, Howe
Kellogg McCreery, Morgan, Morrill,, OF Vermont;
Morton, Nye, Patterson, OF New Hampshire; Patter
son. Of Tennessee; Pomeroy, Rice. Robertson, Ross
Salisbury, sherman, Stewart Sumner, Trumbul
vickers, Wade, Warner. Wiley. williams, Wilson.
CONGREGATIONS RECEIVED AND REFERRED.
The PRESIDENT laid before the Senate communi-
cations from the Secretary OF War transmitting
statement Of the number Of troops, regular and vol
unteer, employed In service against the Indians
Referred to the Committee on Military Affairs.
Also communication from the secretary Of the
Treasury, transmitting report OF the Special Com
missioner Of the Revenue, Mr.. ID. A. Wells, and ask
ing the attention OF Congress to his recommended
lions. Referred TO the Commit tee on Finance.
Mr.. SHERMAN, trep.) Of Ohio, offered resolution to
order the printing Of 10000 copies Of the report for
the use OF the Senate. Referred to the Committee
on Printing.
PETITIONS PRESENTED.
Mr.. SUMNER, trep.) Of Mass, presented several
petitions Of citizens Of Virginia asking the removal
OF their political disabilities. Referred to the Com
Also petition OF Hungarian citizens in the United
States praying for the establishment Of Consulate
General OF the United States at nuda, Pesh. Refer
red 20 the Committee on Commerce.
Also the petition OF the University of Virginia,
praying the remission OF duties upon certain appa-
Also petition Of citizens Of Philadelphia and
Louisiana, for a constitutional amendment securing
equal political rights 10 all citizens
Also petition Of citizens OF Georgia, setting forth
the troubled state Of things existing IA that state
70 the Committee on the Judiciary.
Mr.. PoMERoY, trcp.) Of Kan, presented petition
transfer OF the Indian Bureau TO the War Department
and increased economy In every department Of tho
government which was referred.
Mr.. MORTON, trep OF Ind, offered Joint resolution
forbddlng the landing OF any submarine cabie In any
The consent Of consfess Referred 70 the COMMITTEES
- THE PREsIDESf's AMNESTY PROCLAMATION.
Mr.. FERRY, (rep.l Of Conn.,, offered resolution
requesting the President 10 transmit copy Of his
late amnesty proclamation, with a statement OF the
~ r q wSn ne Scaas ors,
the amnesty he doubted the right OF the President TO
grant IN this sweeping way, and he wished TO have
Mr.. Howard, trep) Of Mich, was very glad that
the attention OF the Senate mad been called 10 the
81 a AZ as whea me
dent had such dispensing power as was implied
IN the Issue OF this proclamation. lie believed that
the assumption by the Executive OF such power
was entirely unwafrantcd by the consultation.
MI. CoSKLiNo, repD OF n. X, remarked that even
In England OF late years. Ii has been insisted
that the King had right TO pardon by general pro-
clamati0n without naming anybody pard0ned The
Presidents proclamation assumed not merely that
he had q right to pardon A. b., charged with an
onence but not convicted, but that he has right
TO dispense clemency TO all persons whatever. u
that assumption Is correct then the Governor OF
New York had right 70 pardon and set free all per-
sons accused o. suspected OF burglary, arson and
murder, or any other crinlcaa claimed power never
exercised and never claimed.
Mr.. DooLrTTLE (dem.) OF via, said the Supreme
Court had expressly decided Ia the case OF Garland
that the President has power, BY general procIama-
ton, at any time after the commission Of the Offences,
before legal proceedings or during their tendency
as we'll after AZ before conviction, TO pardon offend
crs, and that Congress had no right whatever to
limit this power In the exercise OF which tue Pres
dent represents the sovereignty Of the people OF
the United states. lie read from the decision OF the
supreme Court IN the Garland case In support OF has
position