New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-03-03
xLVITH CONGRESS-HD SESSION
REG rLAR REPORT OF PROCEEDINGS.
INTERESTING EVENTS IN BOTH HOUsFs

SENATE. WAsHI> GToN, March 2. 1880.
In the Senate to-day the bill fixing the com
pcnsaiion Of enlisted IN the signal Service wa'
indefinitely postponed.
MI HOAR rep, Mass.l submitted the following reso
luton;
Resolred That the Committee the Judiciary be IN
srnc. ell 10 inquire and report whether any American
czens have been arrested or imprisoned for the exe
c OF their Constitutional rigat 10 petition TINS bouV
concerning matter OF grand public INTEREST namely, the
TILE to seat In this body OF Senator from the state oil
which they citizens, with pOWer To send for persons
and papers and administer Oaths. Adopted.
This supposed 70 refer TO the action of the louisiana
Legislature I'm regard TO the kellogg case.
The Committee Finance reported fayorably the Sen
bill FOR The relief Of Chester A. Arthur. Collector of
the Port OF NewYork. Placed on the calendar
Amor the bills introduced and referred were the fol
lowing To provide Tor the better security OF life on sea
going steam vessels; 10 refund the National debt
The Senate resumed consideration or the bill for the re-
he amrndincnt subm tied by Nj RANDOLPH dem,
n j. The amendment authorizes the President to nom
mate Porter as Colonel hs commission to date from
January. 1868. and to retire him on that rank.
Mr. LOGAN Rep., ID opposed tie bin He Joined
the Senator from NewJersey or. kandoph In praise
OF Porters sOderly conduct IN the Mexican War; and IN
the late Civil War so far as he hen acted III SOdelly
way. Bcned 60 ArnOds record wasa one tine az bTil-
liant that Of soldier N any war. Mr. Logan held
that Congress had no power TO SET aside sentence by
cOurtmariiaL The only way that General Porter could
be restored to the Army WIS by executive pardon. But
after restoration one had power to pay MIN for
services never rendered There was no precedent FOR
such restoration the bill contemplated, except
after pardon. The sentence Of courtmartial
was rs decisive "a that or the supreme Court
Though Territorial Courts are not recognized III the
Constitution, they competent courts, and 80 are
cOurismariial. Tho courtnafuil that sentenced f"i
ter composed Of upright, abe ana unpreudiced
men IN any Court at ever was called and now we are
asked 10 set aside tie verdict OF sue Court restore 20
tie Army the man they convicted. and pay him about
$50. 900. The request should be most carefully ex-
amined. He sent 70 tue ceISs desk ana haa read tne
proceedings of the Board OF Review and continued by
saying that IL very clear that the Board was not
convened Tor the puil'so that me members con
cudcd 10 was convened FOR IL was called TO
report the facts IN the case TO the President
not 90 recommend the annumeut OF the cOuiimartiaPs
sentence. The action Of thl. Board was unwaTanted
and Unprecedented IN The case OF Hammond the law
did u'horze Board OF Review In General POTters
sucu Board WAS authorized AttOrneyGeneral
Writ said: " II courtmartial decision. made under
President Monroe. eight years before could be sc aside
there reason why one made ID WashEgt0ns time
could be set aside" Various other opinions
'Mr. BLAINE Rrp Mel asked II there was any doubt
that the President has power 10 pardon Porter fr that
p4Tt Of 9se ,n'eoss WGn leaves disability On him.
Nj. BLAINE-Now, then. I presume Congress goes on
th prc-um ton that the Pres dent does not concur
py giving bis approval twOthird- Of Congress can pass
thc.Di over his veto. The presumption r. that the
President l. unwilling TO pardon Porter bfcause ne
suppose yc pass tho b and the President falls 70 n
No. can Congress, bV t"otlrd3 Yoie' pardon Porter
Mr.. LoGAN-Cuucrc-s directly or lndrcctlYbha5 40
power 10 lnteIterr with the pardonng power
Mr.. HLAlNt-Does not mat present au obstacle at
Mr LOGAN-Ju.t what have been arguing.
fInuchcrl The supreme Court, continued 1ir Logan
sy- thr President D. the OILY power that can review
that ie. by par1on Aow the proposition a. this OH Is
torrI'y Porter oT lrtSiatlTe action.
Mr. hill tD.m, Ga)-IAat decision goes on the
ground tnat There ro power 90 review under ID i"
then eHisiing. Does t1e supreme Court say Conges'
cannot grant nuy rcf Sd no can IoIu position ma me
NJ LioGAN-Exictly thati because his pardon be.
longs 900 tDr President, not 10 Congress- TIC law OF
c.u .in ilri Is ihc st'u, n}% as 'n,n. q, cha. o-.
pa b.. simply di.uI ..al Of tuo officer from tlr Army.
would Coa-r,-, have the power 30 Store aim while ne
ST. loo lS-it TOY 90 authorize the President TO