The New York herald., 1870-06-07

tion did not constitute discharge OF the obligation
TO the tribe Itself.
Mr.. BucKNaHAM's amendment was finally re.
The amendment OF Mr.. Davis was also voted
d0wn-yeas "a, nays IS.
At half-past four p. NJ after brief executive ses-
sion, the Senate took recess until evening.
Evening Session.
BILLS PASSED.
At half-past seven O'Clock the Senate met and the
calendar being taken up, the following bills were
To carry into effect the decreeof the United States
District Court OF Louisiana In the cases OF the British
and cargo, ana the schooner Flying Scud and cargo
and OF the District Court OF southern New York In
the case VI the English schooner Sibyl and cargo.
RESOLUTION POSTPONED.
The House joint resolution granting the right OF
way to the Memphis, Ell Paso and Pacific Railway
Company, from Ell Paso to the Pacific Ocean, was in
asnusT sHTTLRSRe% Rsease y QuArrrnnAsrrns, CLAIMS.
The Dill Tor the settlement OF claims for quarter
masters and commissary stores furnished TO or
taken by the United States, within the States In
beiion, during the late war; came up IN order.
was lost-yeas IA, nays 32.
The question required on the pending motion to
recommlt the olll, with instructions 10 the Commit.
tee ON claims TO provide Tor the adjudication OF
claims In Tie Court OF Claims.
Mr.. HOWARD, In opposition to the bill, denied
there was any obligation In law morals requiring
the government to indemnify its citizens VINO hap
pen TO be In the enemy's country. There might be
exceptional cases. and he would act upon all such
1ndivlduay but as class such persons could have
no indemnity In law, as they constituted part or
the hostile people and were subjeot TO all the rules
OF war; TO hold the contrary would be TO make the
government pay the expenses of both sides OF the
war.
Mr.. ROBERTSON, rep.) OF S. G., insisted upon hav-
ing Test OF the sense of the Senate upon the direct
question OF the bill to determine whether the losses
or loyal men Of the South were ever to be recog-
niZed
The motion to recoWmit was defeated by yeas u,
nays u. "a
The question then bslhg on the pending amend
ha III N
only for the examination AND not create any obi
CATION upon The government for the payment OF the
sion was superhuOus. Mr.. WARNER adding that it
was an insult to all claimants
Mr.: WILLIAMS advocated his amendment as a spe-
clc limitation Oi the purpose OF the BILL without 1t
this legislation would be the first step by Congress
towards paying for all Losses Of the rebel States dur
ing the war. 1t was the first step that fatal In
that direction and II the doors OF the Treasury
now opened to them the people OF the South would
demons rated that 1t was not difficult for any claim
ant 10 establish the kind OF legality required by the
bi
OF legislation should be- far as possible, TO miti-
gate the asDertes Of war. lie would regard the re-
iusai OF the government TO pay the claims OF loyal
| as the act OF highwayman. When those men
pledged their faith to the United States it with
the distinct understanding that the government
would protect them. The government failed to pro.
tect them and permitted their homes TO be des0ated
and they to be driven out OF the country and out
| ragged in every way. When the government came al
last and beheld their ruin 1t took their property fol
| Its own use; and would II now deny compensation
| There was no law, human or divine, to warrant the
government In thus paging Its own friends.
| Mr.. RICE, (rep.) OF Ark, hoped the vote on the
| amendment would be a test upon the general ques
ion OF the liability OF government upon the class OF
| claims referred to.
Mr.. EDMUNDs, (rep.) of VT, urged that in allowing
evidence OF loyalty to be shown either by conduct
| or speech, the bills would permit the payment for
stores taken from General Lee any other man en-
gagged III rebellion against The government ANY
| man who fought the government ali day might be
| paid by showing that he talked Loyalty all night.
| MIR. DRAKE, rep.) OF Nd considered the fatal fea
ture OF the bill TO be requirement upon the Quar-
| termaster and C0mmissary General TO pass upon q
claim upon the &c p0Tte statement OF the claimant,
| without any opportunity TO the government to be
| heard In the case.
Mr.. NYE argued that the principle Of the bill was
| unsound, and would entail upon the government
| enormous Liabilities.
Mr.. HOWE, (rep) Of Wis, replied tnat the govern
| ment could not evade the payment Of great deb
upon the ground that the debt too great fneed
be II should perish In the Efforts to liquidate IT.
| Obligations He advocated the bill at length upor
the considerations OF justice and policy, claiming tina
IL merely provided method for the settlement OF thu
CLAIM He deprecated all determinations {,
| loyalty between citizens OF different States.
Without vote the Senate, at ha!r-past ten O'Clock
| adjourned,