Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-03-10
FORTY-SIXTH CONGRESS.
(Sccond Session.
The Senate.

WASHINGTON, March 9.-Ihe Presidcnt mes
Sage on the inter oceanic canal was read, and
accompanying documents referred.
A communication was received from the Sec
rotary of the navy answering the Senate resolu-
ton calling for the number of paymasters in
the navy and under what circumstances Ed
ward Bellows was dropped from the roll of pay
masters.
INDIAN TERRITORY.
Senator Thurman presented the memorial
of delegates of the Indian tribes of the Indian
territory demonstrating against the passage Of
the bill to establish United States court in
that territory. In view of the important legal
questions involved in the subject, he moved
the reference of the memorial TO the committee
on judiciary.
Senator Garland opposed the motion. The
bill was before the Senate and its legal effect
could be discussed in the Senate. Ii this
memorial and the resolutions heretofore offered
were referred to the Judiciary committee he
would move the reference of the bill itself to
that committee As member of the commit
tee on territories he weuld Fay the committee
would be glad to be relieved from further re-
sponsibility in this important matter, though
he was also member of the judiciary commit
tee.
Senator Thurman stated he had designed to
express an opinion as to the merits or the Dill
in the absence of Senator Vest, who reported
the hill. Tho motion to refer was laid over
until tomorrow.
Senator Edmunds stated hereafter he will
object to reading memorials
Senator Cameron. of Wis, presented aljont
resolution of the Wisconsin legislature pray
ing for legislation regulating Interstate COM
merce. Referred.
Bills were introduced and referred as fol-
lows:
By Senator Kernan-Giving to all religious
denominations equal rights aad privileges In
the Indian reservation.
By Senator Edmunds, by request-FOr the
erection of a monument at Washington 10 oen.
Custer and the men who fell with him.
Mr. Davis, Illinois, offered q resolution for
the appointment Of committee to ascertain
the terms on which the State of Illinois will
cede to the United States the Illinois aud Mich
igan canal Referred.
THE PACIFIC POOL.
Senator Bailey submitted the following re-
solutions:
WHEREAS, 1t has been announced by the pHb-
lie press, and there is reason to believe that q
contract has been entered into by and between
the Central Pacific railroad company and the
Union Pacific railroad company on the one
part, and the Pacific Mail steam ship company
on the other hand. by the terms Of which con-
tract the Pacific Mail steamship company, IN
consideration of receiving the sum OF $llU.OOO
per month from the railway companies, binds
itself to charge such rates for freight and pas
seDgers as may be fixed by the railway compan-
ies and to collect the same from the CONNER
cial public; and
WHEREAS, The effect of such a contract Is d.
rectly prejudicial to the public interest, and
contrary to the public policy that controlled
Congress in chartering the Union Pacihc rail-
road company, and in granting 10 both the rail.
way companies large subsidies In money ana
lands. Therefore
Resolyed, That the committee on Judiciary be
instructed to investigate and report whether
such contract has been made and what legisla-
tion is necessary to prevent the execution of
the same, and protect public interest," and such
committee may report by bill TO carry It's re-
commentators into effect.
Tbs words land there is reason to believe
were stricken out on motion of Senator Ed
munds and the resolution agreed to.
The calendar was then taken up. The bill
to provide for settlement of accounts with
certain Southern railway companies was Cd
jected to by Edmunds and laid aside
Senator Maxey, who reported the bill, re-
ferred to the fact that it had long been before
Congress, and after favoraby reported on he
hoped it would soon lbe finally disposed of, and
would try to call it up Tuesday next.
FITz JOHN PORTER.
The Senate then resumed consideration of
the bill for the relief of sFitz John Porter, and
Senator Mcdonald addressed the Senate. He
said the President told Congress that he was
without power to act in conformity with the
recommendation of the board of review There
is no vacancy in the rank of colonel in the
army, therefore legislation is necessary to en-
80 hot
In the second place if there were such vacancy,
the commission of the appolntee couldn't un-
der existing laws antedate the time of appoint
ment Therefore the President was right in re-
ferring the matter to the legislative body.
There was attached to the sentence of the
court martial q perpetual disqualification to
hold office. 1t is not this point, however.
which is referred to Congress. because the Pies
dent has plenary power TO pardon. The ques-
ton referred to Congress is that of restoration
to the army, which he is powerless to act on.
Congress has unlimited power over the army
and navy, to the exclusion of civil tribunals.
The constitution makes the President COM
mander-in chief Of the army, but Congress can
appoint every officer under it if it chooses. 1t
ia true that the Legislative branch does not pos
sess pardonilg power, but it possesses more,
namely the power to obliterate the law impos-
ing disability. The legislature can repeal a
Furnishing law and arrest the execution of q
sentence even after conviction.
Senator Mcdonald denied the assertion that
there was no review of the proceedings of
court martial after it had been dispersed, and
read decisions on this point. The effect of
granting q new trial, he continued, is to re-
unite both parties to the position held before
Judgment, and place the defendant before the
court as at first. Therefore, there is no bar to
legislation re-opening the case.
Senator Mcdonald then proceeded to consider
the evidence in the case, saying that whether or
not the board had power to administer oaths,
ETC., the character of the witnesses commended
their testimony to consideration. The court
martial was called on charges by one of
Pope's staff officers, so that, technl-
cally, Pope was not the accuser.
If he had openly made the charges which he
had often made uaoficially. the court, under
the articles of war. would have had to be au-
thorized by the President instead of the COM
handing general. As it was the court was
composed of men likely to be interested in the
case, two of them, Ricketts, aud KING. being
commanders of McDowelrs division and par
ticipating in the withdrawal of the federal
troops. Pope was the real accuser and was the
first and chief witness for the prosecution.
Senator Mcdonald took up and commented
favorably on the printed report of the bard of
review generating Porter. He said Ricketts,
aud Others exercised the same discretion as to
Pope's orders as did Porter and the rap'dity OF
Porter's movements surpassed that of other
Ill Nolf EA1 lot