The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1871-03-29

Mr.. Sherman objected.
Mr.. Anthony called phis resolution amend
iDg the order Of business under which the Sen
ate Is acting, 20 as TO admit the consideration
OF any oil IN reference TO the South received
nom the House OF Representatives
Mr.. Thurman offered aud advocated an
ameodmeot TO require its consinei alton by a
eomm before action could be ikea upon u
Dy TIC senate. He regarded the cont. no plated
hu hlux legislation AS more important than
any other ever before uhdett ikeu by Congress.
az ~bvolylng the very existence of the govern
meot he protested against any ATTEMPT at
caucus oiciation 10 put such q measure turou . h
the Senate, believing IL 10 be emitted to a care
iui CONSIDER stioD in the proper commitlee and
in the Senate.
Upon the expiration of the morning hour
the Svnaie resumed the Consideration of the
unfinished business of yesterday, being the
resolution Of Mr.. Sumner on San Domingo,
aud Mr.. Howe continued bis reply to MIR.
summers IL dietment of the Presid-ut.
In the general denial of Mr. Summers accu-
Stations, he contends that instead Vi a, temp ing
to sell his country Ba. z had furnished an ex-
ample worthy Of imitation IN subJI dinating his
~ soDal aRgradizeDent as q ruler 10 bring
peace to bis country ny annexatIou. The pro-
posed sale to the United States instead of be-
lug 10 violation of the Consti .ution OF Domini-
ca Was 10 direct accordance with it, because
the transfer was to be made not ut the al b,ira-
ey dire ctlon Of that government but III dete. Co
o. tn. popular will of that country. TIL
UpiIed States was bound under the laws of
,tions and by the cl Au,e of the original negc
alton, to ensure the preservation OF peace b, =
CIV. en Hayti aud DDmnica, and he uot ii ,'a-
ton to that effe,t was GO more unfrie I'D y to
Hdyli than auy other nalion, for it was 40 =
dressed TO The wo' Id at large. In coDciu.on,
Mr.. Howe conteuded that the nilsson Of the
Il publ can prr'y was not ended, AID he would
Deseech him who would engage IN IT. dest, uc-
tiou TO take hi, position with the common cue
ny, aud hot Judas-like, STAB 10 the back the
party to which be proiessed TO belong.
Mr.. FIeiInghuysen alter an euiogium on the
services OF Gen Grant to tn. country in it's
darkest hour of peril, said this was the man
upOu whom all The vtupera'1ve adJett Yes OF
the vocabulary were held. He then inquired
tor wuAt purpose the Senator from Massachu-
>etts had precipitated thus discussion III adj
vance OF the report OF the commission, fTOu
which alone Congress could form correct
Judgment.
Mr. Sumner said if the Senator desired it he
would answer now. Tue Senator from Wis
cousin (Howe) had complained because be had
Drought this matter forward and Senator Free
iDghuyseu because he did not postpone 1t. He
(Sumuer) would take counsel of neither Sen
atOr but his own heart Knowing the o was q
system Of law iessness on the coast of S.. Do
miueo uuder the direct order of the President
Of the United Sales be felt it his dnty to ex-
pose it. There we're some cases in which tue
exposures were sufficient, and he felt that the
Am r.can people needed oniy to See the wrong
to apply remedy.
Mr.. Frelil ghuysen as sufficient answer to
Nr. Summers structures upon the course OF the
Secretary OF the Navy had read from the desk
The dispatch Of that official 10 Admiral Lee
Mr.. Schurz then took The floor. He did not
think the report of the Comm sion which had
Just returned from a pleasant journey to San
Domingo would prove very influential eituer
10 the Senate or before The country, tor he
fh0 ofv haA lrv
disposed of. The Senator from Michigan
(How-) had displayed wonderful knowledge
# ancient aud modern history, and not ON
tent with destroying C8 ar, Cassius aud the
prominent men OF our times, be bad mercI-
lessIy used his Ratchet upon the Senator from
massachusetts. The Senator'S purpose was
to show that public men had not declined 10
POPULAR estimation till they had manifested
symptoms of their own mental detoriorat ion ;
D1t ~ this matter the trouble was not so much
want OF mental strength on the part OF the
Senator from Massachusetts, as it was the
want of moral strength ON the part of the other
Senators. Ii il was proven that orders had
been issued to our naval commanders ia gross
violation Of the constitution, then something
more than rhetorical fourshes about Gen.
Grants services, or about the SECRETARIES
OF State aid Navy, would be required TO an
swer the proof
Mr. SchuiZ proceeded to argue that under
the constitutional clause v4stipg in Congress
the war making power the executive could not
Commit an act OF war unless Id cases of actual
INVASION OF territory OF the United States, or
by express Congressional authority. The in
,tructlOns of The President to our naval force,
directing them IN certain contingencies to fire
ipon vessels of Hayt', power witt wnicu
We are at peacr, was most clearly usurpation
Of the war-making Dow-r.
10 reply 10 queries by Messrs. Howe and
Stewart as to whether discretionary power was
not vested in the President, Mr.. SchuIz added
# these Senators would tu n to the debates ia
the Seuaie in February, 1859, they would Fl I'd
President Buchanan had asked tor discret on
iry power 10 protect cur citizeDs in transit
over the lsthmus OF Pauama, and the Senaie
mad Indignantly refused it. II Was most .da-
clOusly commended, for that Was The logic of il,
that the President had power to steal tie war;
making power away from Congress. The tact
was that the Pre-, ident had isll-n in,o the
mistake of supposipg he was The q nited States
of America. The doctrine that the Pres dent
could commit bellIgerent acts without author
itv OF Congress aud give as an excuse Tor 1t
the condition of things ID Hayti and Dominica
was the most absurd, mi,chiev. u and aot-
republican doctrine eyer advocated on the
floor OF the Senate,
When such a doctrine was advanced boldly
il should be slfted to the bottom. II smacked
very strongly OF what is called in France per
sonal government" Tbs Senator from Mas
,achusetGs (Sumner) had been complained of
TOR bringing the matter to the attention of the
SENATE, but 10 his (Schurz) opinion he deserved
the gratitude OF The whol- country for SO do
ing, but the supporters OF the President seemed
to have admitted that The Constitutional argu
,DeUt IL be against them, and mad fallen back as
the lat resort upon the weak aud d,ngerous
support OF the PRECEDENT, the only one re-
Il rred to 10 our history, that of the acquisition
Of Texas during the administration Of Juhu
Tyler, and when John G. Calhoun was S~cr.-
.afy OF State. The Presidents case was in
Deed. desperate one when his spologists
sought refuge 10 such company, bat IT, Ter and
Calhoun asked to be ekcusrd from their com
pany, because President Tyler, at the me, as
serted th It he had no authority To empioy fOIce
tor the acquisition of Texas without the
ascot of Congress. His declaration that he
would use all his Constitutional means
to prevent Mex can interference pendiLg ne-
gotiatiooa and that the natter you'll be e er-
red to Congress when 1t met for such action az
it might deem proper. He did not ord-r Uut-
ed 8 ates war We s-Is 10 batter down Mex Gao
towns or sisk Mex can ships, but left the ex
ercise of that power to Congress.
Az animated and long coIloquy here ensued
bel wren Messrs Schurg d Murton apo 4 the
proper inJerpreta loo Of the dispatch from our
government int'rm ny the dipiom ic r-pre
Of Mexico that the Uurted States
would regard With ni.favor any att mpt on the
Dart OF that power to interfere with the Texaus
durlUg he pendeucy of negotiations
Mr.. Schui2 eqhtended that nothing more
than ordUary diplomatic correspondence was
a ldress, d to Mexico. which could be an aualo-
~ to the acts OF Gen. Grant; while Mr.. Nor
ton INSISTED that it was a direct threat of war,
and was SO regarded at the time by both coun
tres, and that Benton many years after had SO
construed It,
While occupying the floor Mr.. schurz was
repeatedly Intercepted by d ffereLt Senators
upon consul utional questions, and was ne
quently prompted by Sum Ger, whose seat is 10
his vicinity. Before MIR. Schnrz had conclud.
ed, the Senate went into executive session,
and at 5.15 P. M. adjourned.
HOUSE.
Mr.. Shelabarger of Ohio, from the select
Con mttee Oh the Presidents Message report
I'd bill to enforce the provisions OF the 14th
anne udment, and for other purposes. The bill
was read first and second tiWe, when he
Speaker said the question now was on order
ing 1t 10 be eugrOssed and read a tnird time
Mr.. Shel'abarger moved to re- commit the
bill to the Committee SO that general debate
shall proceed Cd the bill until the Hou.e shall
come to an agreement to termioate, and then
vote on the amendmeuts which may be offered
He suggested that the debate be continued till
Friday.
Att r further conversation between members