The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-03-09
XLVITn CONGRESS-SECOND SEES.
SION.

SENATE.-The Vice. President laid before
the Senate memorial of the trustees Of the
Peabody educational fund, recommending
legislation to aid in education of cololed
children. Referred.
Mr. Jones presented a concurrent resolu-
ton of The Louisiana Legislature asking an
appropriation for the improvement of the
mouth of the Calcasieu river. Il ferred.
Mr.. Kirkwood submitted a.resoution in
structing the Secretary of the Treasury to
communicate to the Senate II statement of
the amount Of money expended by the
United States for all purposes necessarily
growing out Of the late war, specifying sep
arately the amounts paid on the principal of
the public debt thereby incurred; the
amount Of interest paid on such for year;
the amount paid for pensions, including ar
rcars, and The amount paid to soldiers and
sailors of the war, snch information to be
brought down to January |, 1880. Adopted.
The Senate proceeded TO consider the cal
endar bill to amend the law relative to the
seizure and forfeiture of vessels for
breach of revenue. Passed. 1t is intended
to prevent such forfeiture when smugglery
is carried on without the knowledge or priv
ity of officers or owners of vessels
A message was receive ed from the President
in regard to the correspondence with foreign
governments about the proposed inter-oceanic
canal.
Tho bill for the relief of homestead settlers
was passed. 1t gives such settlers the same
privileges as to filing application and perfect
ing entry MS are now enjoyed by presumption
settlers, and in other respects eQualzes the
homestead and pre-emption laws.
Mr.. Bayard advocated Randolph's substi-
tute for the bill for the relief of Fitz John
Porter. 1t authorizes Porter's appointment
as a colonel, with pay from 1863 Mr.. Bay
ard regretted that the Senator from Wiscon-
sin (Carpenter) had introduced an appeal
to partisan feeling into his able speech
Saturday, There was no reason for
making this party question. 1t was purely
matter of public justice. He denied
that the jurisdiction of court-martial is CO.
equal with that of civil tribunals. The mill
tary power must in all respects be subordi-
nate to the civil power. The civil courts
have authority TO interfere in case of irreg
ularity in courts-martial, but military court.
have no such authority concerning civil
courts. This fact alone would prove the
subordination of courts-martial. They are
creatures of Congress and under its control,
whereas the civil tribunals are
permanent and independent and always open
TO repair wrongs done by courts-martiaI or
otherwise. Congress cannot be debarred by
the sentence ofacourt-martial from removing
political disabilities. He cited the cases Of
Sergeon-G General Hammond and Captain
George a. Arms to show that Congress has
before annulled the findings of courts-mar-
tial. He said the testimony in the case
showed that Porter's action was that of wise
soldier; that he obeyed the spirit, if not the
letter of the orders, and that his gal
lantry on the 18th caused Stonewall jackson,
who was good judge of bravery, TO make
special mention in his report of the furious
assaults by the federal force under Porter,
which nearly broke Jackson's line. 1t had
been said Congress would hear from the
country if it passed this bill. He hoped so
and wanted the country to hear from him
first. He would be an unworthy representa-
tive of an intelligent people if he did
not dare to vote in his own conviction of
right, and he believed Justice demanded Por-
ter's reinstatement.
After some remarks by Mr.. Logan, reiterat-
ing his views of the evidence, Mr.. Nc
Donald took the floor, but gave way for
executive session, after which the Senate sd-
iourned.
HoUsE.-The Speaker announced that the
new rules would be operative to-day, and in
accordance with these rules proceeded 10 the