The New York herald., 1869-01-13

tion 10 foreigners or grants or privileges derived
from the United States. II provides that II shall not
first obtained to assign transfer 10 any alien per-
son or foreign corporation charter grantor prvl
promote Or resaa,e eng with amy iorsn ma
ti ton Referred " the Committee on Foreign Rela-
NAVAL JUDGE ADVOCATE GENERAL.
M. FRELINGHUYsEH introduced Dill 70 continue
the ONCE OF Solicitor and Naval Judge Advocate
General. Referred TO the Committee on Naval Az
ARKANSAS AND PACIFIC RAILROAD.
Mr.. RICE rep.) Of Ark, introduced bill 70 aid In
the construction Of the Arkansas and facinc Kail-
M. Rice's biii provides for the incorporation OF
the Arkansas and Pacific Railroad Company, 70 con-
etruct and maintain Q railroad from Little ROCK,
Ark, to the eastern terminus Of the National Pacific
Railroad on the Rio Grande. In aid Of this enter
lions OF public lands per mile on each side Of the
road, and also IN issue OF government thirty year
SIX per cent currency bonds TO the amount Of $4,000
PENSIONS FOR INDIAN MINORS.
Mr.. Ross, trepl Of Kansas, from the Committee on
Indian Afairs, reported back, with an amendment,
the bill authorizing the Commissioner OF Indian
Affairs 2 appoint guardians or trustees ior miaor
bountes under existing laws h
INDIANS HOLDING WHITE CHILDREN CAPTIVE.
o. M Hsen
and iiel0se Lincoln, and for the withholding Of
money from tribes Of Indians holding American cap
come from the OF 5000 for each Of said children
be reserved from moneys due the Ki0wa Indians, TO
principal he paid them on attaining their majority.
THE FORT LEAvRNwORTH REsERvATIOH.
Mr.. P0MERoY, rep) OF Kansas, introduced . bill
to grant portion OF the military reservation at
Fort Leavenw0rth to aid in the construction OF .
railroad bridge across the Missouri at that place.
Referred TO the Committee on Military Affairs.
INDICTMENTS IN UNITED STATES COUNTS.
On poaon Of Mr.: CoNKIING, rep) or n. T., the
senate took up and passed the bill relating TO the
courts in the lately rebel States 1t provides that
such indictments may be found In any State for
two years after the restoration Of the State 10 .
representation IN Congress, oQt does not apply TO
treason or other political offences.
RELIEF OF MISS MURPHY, OF ALABAMA.
The Senate then resumed the consideration Of the
Mr. DAVIS, tdem.) OF ky being entitled to the noor
argued at length In favor OF the bill and against the
emys territory, or that loyal citizens OF the United
states were ever public enemies or could be made SO
ned sed Sa done Dy the rebel
ments in the Southern States by way OF taking those
states out Of the Union null and vod and the re-
SsmS out o the sn SOE s C coens Of the
territory Of Michigan by the English IN the war Of
1872 made or could make that enemy's country.
But the true ground upon which, In his Judgment
the claim Of Miss Murphy rested was the provision
OF the constitution that private property shall
pensatlon-a provision not to be nulied or explained
away by any principle Of national or international
law because the government established by the
etitutt0n iG SUI 0ene7ts and it's powers and duties
are not TO be comprehended interpreted upon tue
principles which apply to other forms Of govern
ment.
Mr. RICE said that he viewed the case on the
assumption that Miss Murphy had always been
loyal citizen OF the United States; that the property
IN question belonged to her, and was taken by the
government deliberately for public use and upon
this assumption he held that Miss Murphy was ~
much entitled to compensation for her property II
she and 1t had been located in New York or Nassa-
ehusetts.
Mr.. BuckALEw, tdem.) Of Pa regarded the taking
OF Miss Murphys property in the nature OF forced
oan and thOnght therefore, that the questions In
volved could be best determined upon principles ap-
one or its peaceful ctizens. Our country had had,
fortunately, little experience OF forced loans; but
they had always been common In the South Amerk
can republics, and, from the knowledge Of them
which he had acquired by residence In of the
republics, he confessed that he felt strong antipa-
thy TO the preences by which such loans were gene
rally sought to DO iustned. The only tenable ground
uf opposition TO allowing claims like this was Its
nexpediency. Abstract justice would require that
q government after war, should indemnify every
person who had been faithful to 1t and had sur
Tered special loss; but every one knew this
6earabs burdens on the people, and therefore
every government was Obliged TO limit its liability
by refusing TO pay for the oss nfcted BY the enemy
and IN other ways. But the property OF Miss Murphy
not lost by the action Of the enemy; 1t taken
deliberately BY the government Tor ap1bc purpose
and lie felt he could vote to recOmpense her for 1t
without asserting TO any principle which would I'm
pose upon the government an incOnvenient and un-
reasonable amount OF obligation. II It should be de-
cded tnat military commander In an insurrectf0n-
ary district can take the private property Of loyal
ctzen for the public without ncurring from the
o - Pay 81
would be safer 70 be rebel than to be loyal; t
would amount to license 10 military commanders
TO do what they pleased with the property OF private
| individuals In an insurrectionary district. Two
classes OF citizens were, he thought, entitled TO
special credit for their conduct during warhc 10y
asts OF the South and those Ut the North who sus-
tanned the government OF the United States, not
wlhstanding the errors and the gross outrages CON-
mtied by the party In power, and belonging TO the
latter class himself he appealed to the senate to do
Justice 10 . lady belonging 10 the iormer.
Mr. SUMNER said the discussion Of this claim had
made clear two thin9s-the magnitude OF the in
terests involved and the simplicity OF the principles
by which the question should he determined. That
question, assuming the loyalty Of Miss Murphy,
whether the nation was bound to indemnify 10y al
citizens domiciled In rebel States In that case
toner was do,niced n IN rebel states second that
the property taken was situated within rebel
state; and third, that the property was
three facts presented the case-a case
easy to decide, however painful 1t might
be TO make the decision. The rule OF International
domiclied In the enemy's country Is liable TO seizure
and capture without regard 10 the alleged friendly
seem harsh Dut II should be remembered that IL was
rule OF war, which from the beginning To the end
was terrible hne % comcessaon @ =. complete
ground for doubt as TO the applicability OF the prn
ciples Of international law to late civil war. The
nation had against the rebellion two sources or
power-two arsenals Of rights and powers-nrst. the
rights and powers OF sovereignty second, those Of
The former determined Dy the constitution the
latter by the laws OF war. A reoel might be pur-
sued by the nation either traitor or as belIi
gerent When pursuing him AS traitor he was
entitled TO oil the forms and delays provided
for in the constitution, but when pursuing
him M belllgerent new rule. and
not the constitution, governed. The provisions
OF the constitution were SILENT and international
law prevailed ~ soon az the rebellion had grown
into war; and the fact that IL q civil war made
no difference In that respect. Tho claimant IN the
case, having been domciled In q rebel State, and
therefore, public enemy, and her property having
been situated there and taken under the necessities
and law OF war; she was clearly not entitled TO
pensation. Mr.. Sumner cited numerous authorities
| 10 show the compensation allowed TO American 10y
Asts by Great Britain for their losses during the
war OF the Revolution, and the compensation granted
by Congress In few cases 70 American citizens for
losses, was given upon the grounds OF expcdiency
aud generosity; It was not matter OF right. In
cuaon, he expressed the opinion that many OF
greater hardship than this one might be presented
| for the consideration OF Congress.
Mr. WARNER, trep.) OF N. O., said he had no hope
\ In throw lIQnt n m nj nd