New-York tribune., 1871-01-06
REGULAR REPORT or PROCEEDINGS.


Pills were introduced and referred TO the
appropriate committees, as follows:
Nr TUUENAS QDcm., Ohiol-m relation TO tho com
peiency Of witnesses courts OF the United States ard
before L. 3. Commissioners.
The b provide. IT in 81 v ,n3 criminal before g. Courts
ae. a s s prevail oso IA o-cs IN tie respective State Courts
3tr. TIPTON Rep., Neb)Gianting lands to aid in the
reclamation OF tho desert lands IN the Gertory of Utah.
Also several bills incorporating and granting lands to
conpanes to COZ srgct canals in tab fOr irrigation and
other purposes.
Mr WILSON Rep., Mass.l-To provide for the ape
pointment OF inspectors in tho indian service.
The bill Directs dHt to nominate 70 the nlts siT Inspectors
Of Ind % G 90 99te, he re-, sn q. S tie 10 u, S' e, rI.a D s az
and inspe san,s-y. fdns' al All e.rc,ion ~ dion
Mr. M0TLEY's CORRESPONDENCE.
Mr. MORTON tRep.. md submitted a resolution re-
ncstirg the Pgesde - communicate to The senate, If
rS, 5steG ,r Not:oy. as Minister 20 tho
Court Of s. james, and te ID rtment OF state, to-
gethor with such other dispatches or papers touching
H. subject matter 10 Lsc such corr spondence relates
.r. SUMNER ti,ep. Mas1J moved as an athendnlent
catinns Tel1ting 10 his recall.
Af,er remarks by lie 5rs ED,tUNDs Rep, VII and
re smperiuons Il was agreed upon division by vote
OF 20 to H. amd the resolution as amended vas adofed
Anars made report concuiing In the opinion OF the
Attorney that the United States - bolnd ny
treaty OBLIGATIONS to issle 10 the ChoetaW Indians
s25OOo0 oi bGDds HI also reported resolution which
wag adopted, declaring ne ireSdelt 10 nave power
The VITf PREsiDEN'r announced IS select Commit
tee to consider certain charges against Spagne N
connection th blUcEadc unn nG IN IcHas during the
Rebellion ICssrs THURMAN, Ham!in, IruInbull, Howe
Inc tacaI cies apcn the Committees on Naval Affairs
and tho Pacific Railroads il,ed by the appointments
OF ir e vet The ne Senator rom M @issos from
!pII mp mad H. siciIi orier for Monday next
Afr. WILLIAMS Glar. Ogegon1 from the Committee
on Fi1eTee reported without amendment the hill re-
iatng 20 internal taxes recently Introduced by MT'
nst4 Lyif~ ~lo IN. n Il u.
j Il soy , hat here m no shall ;. imposed cOo,d
sSSsy s1y ana ne as5 SSon asciS- ss
THE soUrnERs WAR CLAIM TEST CASE.
Irnon fine expiration of the mOTlDG hour me senate
rlied the con,id ration Of the claim Ter indemnity Of
J. Miltoa Best OF Kentucky, and Mr.. EDNuN NDS dep,
VtJ delivered an argument averse to TIC claim upon
oenef principles. denying that he destruction OF the
PROMISES an act Of slipleseryatlon ON e part OF
he Inion garrison OF Paduclh came W!,in The Cons
tuiona clause prohibiting public use of private property
S,loo NJ POOL SO ep n. O. followed IN support of the
claim urOn the ground that De ructon of the claim
ANTS house, being means Ok defending and nal lug
more secure the Union fort as loss ;or which the Gov
ernuept WAS bound To make restitution. The tule which
applied to enemy's properly 10 an ensrnys country
caud not hold good As TO loyal of the South, who
cam, into or own ranks aud whose property was subSe-
quently destroyedby Union forces. . -, ,,--
The flruer discussion confined TO the inquiry
whether tho DE- strc of the claimants property oc-
cured an incident o actual battle Or independent OF
the conflict; and it generally held that In the iatter
case tie Government responsible for oss occasOncd
by the destruction OF properS .,,.
Mr. CARPENTER (Rep., Wi5.l argued that conflict
commencing on day and renewed on successive days
wss as a matter of record, continuous battle, con
sc11euty the demolition Of the house being within this
period. IL was u part OF the battle.
Nj HOWE rep, Wis., said that, by the same reason
ing * only carried far enough, the whole war from 1861
70 1868 Couid be TO have been single battle
Mr. MORTON Qiep. Ind.l 3ad that the Committee on
Claims by their report IN tho case, had assumed tLaC
the destruction had taken place the previous day,
when the house in the eneInys possession mo Gov
ernnent wOuld not be liable, and that the liability de-
pended entirely upon the fact that tho demolition OF the
house occurred tho morning after tho battle though
the enemy was then IN view according 10 the Commit
tees report, ana about 10 renew the conflict Upon this
narrow and hair splitting construction, 1t was argued
that the house had beGn deliberately appropriated by
the Government for public Use. For this reason the
present wa, not test Referring TO the import
ance OF dsposng Of such claims upon established prn
opes and pr.codeLls for the future he eXpgesst the
opinion within ten years IL would not he difficult to
subs auiiato every Southern cm now or hereafter
pending with the sworn proof of the loyalty Oh the
claimant. - -,
Mr.. FLANAGAN QSep. TeXas) defended hs acton
from the insinuaon conveyed u the remark Just made
by MI Morton which he thought had been made with.
out due consideration. The South had reDeed against
the best Government earth, and had sun red OI NJ
Born IN the South and loving II "a he did, no fet tDa'
such asper, upon tho people oi That section were
lust Perjury and subOruatOn Ot perjury were 10y e0
frequent there the Senator from Indiana naSlne,.
The bill then passed-leas, 2S Nays la lh' ioh'"
Ing is the vote In detail.