New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-02-16

certainly familiar with the case Of Milligan,
in his own state, who, though condemned to
gard Of tho Constitution, released and
is living in that State Treason could only be pun
ished under the Constitution and any attempt TO act out
side that instrument made Congress equally guilty with
the greatest traitor of an attempt TO override IT, Nor
should President allow himself TO be dictated TO In such
a Thomas Jefferson, and not the New-York Demo
cratic Convention was tho first TO assert the
self the constitutionality uncOnstitutionality
Of acts OF Congress These simply, without con
cealment his views upon the theory of our Government
Congress had been usurpng the powers OF two CO.
ordinate branches Of the Government he had not par
Gle OF doubt The overwhelming ma ories they had o-
tanned during the Rebellion, and by bringing In I'M
authorized persons had sent the dominant party heat
long upon its career and they were now grasplhg eve
particle Of power invested in the President anu .uo
Courts In the first contested election case IN COnHIc,
that OF Mr. Preston OF Virginia, the sitting nemDer Ws
expelled because his brother marched volunteer com
pany through the streets on the day OF MS eectOh ~,
the bayonets OF the Regular Army. Our army mover
wherever there election. and no longer ao b
Administration. He (Mr. Blar) was peI!e ~ SsWtb
that this thing though commencing az to RAD
would not end there; that the necessities Oh uo e.
cal party would extend the use of the pay
tons to the North 1t had now been AID and
the States which furnished the most pOWeIu dlu anu
the largest number Of men to crush the ReDello.i;
Mr. MORTON desired to ask The senator as Hav-
ing ratified, and now fundamental part Vi '"'
Sr BLAIR thought the Senator ought to have got ms
U}lair's) opinion Of the XVIII Amendment ny ' hi
time, Laugher He thought Ihe adIcanmDis6ed by the
MR. Mr. MOTION Substantially repeated his question,
,Ybnn Mr. IN AIR said ne would endeavOr to he sui-
GENTLY explicit He did regard the amendment as com
pete and as part of the of the land lie had never
held any other doctrine in regard to it, He ana not now
and never had regarded dne ms isnd
and if he had been in place Of power
and called upon TO act upon these so-Galed laws, ne
should have acted out his conviction. let the o0nse-
0uences he what thew might He did believe them
constitutional In the celebrated " Broadhead letter
50 much talked about, he r. Blar) had said the army
sboud be made TO undo their usurpatOns His idea
that would be done by recalling the army when the
'carpet-bag" governments would dsperse at once
Mr.. SCHUZ Rep., Mo- awarded the floor, and
there appeared TO be general disposition IN the cham
tine the debate, but Mr. COLE (}ep, Cali objected in
order TO proceed with the Appropriation bills Under
the rule OF objection being sufficient TO prevent Iu
Their discussion, the subject went over.
The senate resumed the consideration Of the bill to reg
uate Geographic communication between the United
States and foreign countries the question being upon
Mr. Nye's amendment TO limit the charge Tor message
Mr. SUMNER appealed to Mr. Nye not to kill the bill
bV insisting upon the amendment.
Mr. NYE rep, New declined to withdraw his amend
ment, and proceeded to advocate IT,
TIE OMNIBUS APPROPRIATION ELL.
Mr. COLE moved TO postpone the bill 10 take up the
Legislative Appropriation bill, which agreed TO-
and the latter bill proceeded with, the question
being ON the amendment reported from the Committee
on Appropriations increasing Judicial salaries
Mr. BRENNAN (Rep, W. Va.) opposed the amendment
a. involving additional expense Of more than slOOO
per annum When the Circuit Judges created there
great scramble for the positions at the compensa-
tiOn then fixed, and IL was proposed 70 largely increase
it. He thought the Judges sufficiently well paid at
present. -.
Mr.. STEWART rep, New regardedthe compensation
as meager and the Judges were not adequately paid
lie Thought their salaries should be sufficient to make
them independent They now obliged TO resort 10
other means to obtain livelihood and this tended 10
lower the tone Of the judiciary.
Mr. WILSON Rep., Mas did not favor so large an in
crease proposed, any additional compensation
far rs District Judges concerned, some OF whom
were OF very little capacity character against whom
the heaviest charges were now penang. Ineie were
among the District Judges hOweYeryn OF ability ana
integrity.
follows: Chief Justice, $500; Associate Justice, $1,000
Circuit Judges 5000; Justices OF the Court OF Claims
and District of Columbia, $1,000 which was agreed TO by
AYES %, Nays 2s.
MIR. TRUMBULL rep, III moved an amendment pro-
ydinc that the District Judges shall be assigned in the
various Judicial Districts 10y the Circuit Judges that
each Judge shall perform equal service without further
action.
The Senate at $50 o'clock, took recess until evening
For Evening Session see First Page