1880. CONGRESSIONAL RECORD-SENATE. 1353
By Mr. MILES: The petition of merchants, manufacturers, and con By Mr. AMOS TOWNSEND : The petitions of the publishers of the. sumers, that chrome iron ore and bichromate of potash be allowed to Ohio Farmer, Cleveland, Ohio, and of publishers of four other papers~ enter free of duty-to the Committee of Ways and Means. for the abolition of the duty on type-to the Committee of Ways and By Mr. MITCHELL: The petition of 43 late Union soldiers and Means. others, citizens of Arnot, Charleston, and vicinity, Tioga County, · By Mr. TYLER: The petitions of Lewis B. Hubbard, publisher of Pennsylvania., for the early passage of a law providing for the pay the Vermont Tribune, Ludlow, and of A. Chandler, publisher of the ment of the difference between the value of greenbacks, in which sol Vermont Record and Farmer, Brattleborough, Vermont, of similar diers were paid for their services, and the value of gold· at the time import-to the same committee. of payment-to the Committee on Military AffaiJ:s. . By Mr. V ANOE : A paper relating to the claim of A. 1\f. Gudger By Mr. MONROE: The petitions of W.W. Woodruff, publisher of for pay for property ta.ken by the United States Army during the late the Gazette, Oberlin, and of Charles M. Brown, publisher of the Trib war-to the Committee on War Claims. une, Sandusky, Ohio, for the abolition of the duty on type-to the By Mr. WASHBURN: ThepetitionofC. Bridgman, L.A. Evans, and Committee of Ways and Means. 200 others, citizens of Saint Cloud, Minnesota, for an appropriation Also, thepetitionofW. W. Woodruff,publisheroftheOberlin (Ohio) of $100,000 for the construction of a lock and dam at Sauk Rapids in Gazette, that materials used in making paper be placed on the free the Mississippi River-to the Committee on Commerce. list, and for a reduction of the duty on printing-paper-to the same By Mr. WRIGHT: The petition of Hugh Brady, Hugh Moony, and. committee. 265 others, citizens of Illinois, for the passage of the bill (H. R. No. By Mr. MORRISON: The petition of druggists of Illinois, for the 269) known as the Wright supplement to the homestead act-to th& removal of the stamp-tax on perfumery, cosmetics, and proprietary Committee on Public Lands. medicines-to the same committee. By Mr. THOMAS L. YOUNG: The petitions of Samuel Alexan Also, resolutions of the Grand Army of the Republic, department der and 48 others, and of Frank Griffith and 35 others, of Hamilton of Illinois, against the passage of the bill known as the sixty-surgeon County, Ohio, for the passage of the bill (H. R. No. 4327) to create a bill; also that there be no discrimination between ex-officers and ex department of manufactures, mechanics, and mines-to the Commit enlisted men in rate of pension ; and also that the pension laws be tee on the Judiciary. so amended as to place on the roll of permanent disability all pen sioners who have been on rolls as invalid pensioners for ten years to the Committee on Invalid Pensions. By Mr. NEAL: The petition of B. Fromm, publisher of the Unsere IN SENATE. Zeit, Chillicothe, Ohio, for the abolition of the duty on type-to the SATURDAY, March 6, 1880. Committee of Ways and Means. By Mr. NICHOLLS: Memorial of John G. Ames, on the subject of Prayer by the Chaplain, REV. J. J. BULLOCK, D. D. furnishing State and other libraries, and literary and scientific insti The Journal of yesterday's proceedings was read and approved. tutions, with public documents-to the Committee on the Library. EXECUTIVE COMMUNICATION. By Mr. O'CONNOR: The petition of Harriot P. Leit.ch, widow of The VICE-PRESIDENT laid before the Senate a 1-etter from the and executrix of W. G. Leitch, for pay for services rendered by her Secretary of the Interior, transmitting a letter from the Commissioner late husband as surveyor of the port of Charleston-to the Com of Pensions submitting a revised estimate of deficiencies for Army mittee of Claims. and Navy pensions for the fiscal year ending June 30, 1880; which By Mr. O'NEILL: Memorial of merchants, manufacturers, and con was referred to the Committee on Appropriations, and ordered to be sumers of chrome iron ore and bichromate of potash, for the removal printed. of duties on those articles-to the Committee of Ways and Means. MESSAGE FROM: THE HOUSE. By Mr. OVERTON: The petition of C. S. Hornet and 12 others, citizens of Wyalusing, Pennsylvania, for the passage of a bill author A message from the House of Representatives, by Mr. GEORGE M. izing a department of agriculture-to the Committee on Agriculture. ADAMS, its Clerk, announced that the House had passed the following Also, the petition of C. S. Hornet and 12 others, citizens of Penn bill and joint resolution; in which it requested the concurrence of the sylvania, that Congress enact such laws as will alleViate the oppres Senate: sions imposed upon the people by the transportation monopolies that A bill (H. R. No. 3351) for the relief of Rev. Paul E. Gillen; and now control the interstate commerce of the country-to the Commit A joint resolution (H. R. No.168) authorizing the Secretary of War tee on Commerce. to loan certain tents, flags, &c., to the triennial committee of Knights Also, the petition of the same parties, that the patent laws be so Templar at Chicago. amended as to make the manufacturer or vendor of patented articles The message also :mnounced that the Honse had concurred in the alone responsible for infringement-to the Committee on Patents. amendments of the Senate to the bill (H. R. No. 3968) for the relief By :Mr. PHILIPS: Ten petitions of publishers of Missouri, for the of certain actual settlers on the Kansas trust and diminished-reserve abolition of the duty on type-t o tbeCommitee of Ways and Means. lands, in the Stn.te of Kansas. By l\Ir. DAVID P. RICHARDSON: -The petition of Oliver Hazzard PETITIONS A.ND ME..'10RIA.LS. and others, of Allegany County, New York, soldiers of the United States Mr. JOHNSTON presented a resolution of the State Agricultural Army, engaged in the late war, for the early passage of a law provid Society of Virginia, in favor of a bill creating a department of agri ing for the payment of the difference between the value of green culture with a. secretary at its head as a Cabinet officer; which was backs, in which they were paid for their services, and the value of referred to the Committee on Agriculture. gold at the time of paymen~to the Committee on Military Affairs. Mr. THURMAN presented the petition of B. A. Thomas and numer By Mr. JOHN S. RICHARDSON: The petition of Darr & Osteen, ous citizens of Rushville, Ohio, remonstrating against the passage of publishersoftheTrueSouthron,Sumter,SouthCarolina, thatmaterials the bill (S. No. 496) providing for the examination and adjudication used in making paper be placed on the free list, and.for a reduction of pension claims; which was referred to the Committee on Pensions .. of the duty on printing-paper, and for the abolition of the duty on Mr. BALDWIN presented the petition of Welstead & Murch, of type-to the Committee of Ways and Means. North Branch, Michigan, praying for the repeal of the law taxing me By Mr. ROTHWELL: The petition of G. S. Dann, publisher of the dicinal preparations, perfumery, and cosmetics; which was referred: Star, and of F. A. Dinsmore, publisher of the Grundy County Times, to the Committee on }1.nance. Trenton, Missouri, of similar import-to the same committee. He also presented the petition of the publishers of the Detroit By Mr. SCALES: The petition of E. M. Holt & Son and others, and Graphic, praying for the abolition of the tariff duty upon printing of I. H. & W. E. Holt & Co. and others, that prohibitory duties on type; which was referred to the Committee on Finance. chrome iron ore and bichromate of pot ash be removed-to the same Mr. EDMUNDS. I present the memorial of sundry citizens of Cale committee. donia County, Vermont, remonstrating against monopolies, &c., one Also, the petitions of M. J. Stewart, of Danbury, and of Bradshaw of the usual memorials on that subject. I move its reference to the· & Hackney, of Ashboroagh, North Carolina, for the abolition of the Committee on Commerce. duty on type-to the same committee. The motion was agreed to. By Mr. JAMES W. SINGLETON: The petitions of R. R. Claridge Mr. EDMUNDS. I present also another memorial, from the same and of Clement & Cloff, publishers, of similar import-to the same citizens, I believe, or chiefly so, of Caledonia County, Vermont, com committee. plaining of the present abuse of the patent laws, and desiring relief· By Mr. STEELE: The petition of citizens of North Carolina, for a in the respect.a that have been so often mentioned. I move its refer post-route from Lumberton to Cotton Valley, North Carolina-to the ence to the Committee on Patents. Committee on the Post-Office and Post-Roads. The motion was agreed to. Also, the petition of W. F. Sandford, publisher of the Pee Dee Mr. PENDLETON presented the memorial of nineteen shoe manu (North Caro~ina) Bee, that materials used in making paper be placed facturers of Cincinnati, Ohio, remonstrating against the extension of· on the free list, and for a reduction of the duty on printing-paper the patent of the McKay Sewing-Machine Association; which was to the Committee of Ways and Means. referred to the Committee on Patents. · By Mr. STONE : The petition of Stevens & Messmore, publishers He also presented resolutions adopted at a meeting of the annual of the Grand Rapids (Michigan) Democrat, for the abolition of the reunion of the Mexican War Veterans, of Ohio, held at Columbus, duty on type-to the same committee. Ohio, February 20, 1880, signed by J.C. Groom, vice-president, and By Mr. P. B. THOMPSON, JR.: The petition of A. Brown, forthe re S. Alex. Leokey, secretary, in favor of the passage of the bill now moval of · the charge of desertion from his military record-to the before Congress, recognizing the services rendered by them in th&. Committee on Military Affairs. Mexican war; which was referred to the Committee on Pensions. 1354 CONGRESSIONAL RECORD-SENATE. MARCH 6,
Mr. BOOTH presented a memorial of 102 out of 110 manufacturers He also asked, and by unanimons consent obtained, leave to intro -0f boots and shoes in Haverhill, Massachusetts; a memorial of man duce a bill (S. No. 1434) for the relief of the estate of William D. ufacturers and others of the boot and shoe and leather trade of Bos Moseley; which was read twice by its title, and referred to the Com ton, Massachusetts, and vicinity; and also a memorial of manufact mittee on Claims. urers and others of the boot and shoe and leather trade of Lynn and -vicinity, Massachusetts, remonstrating against any extension of the JACQUES CLAMORGAN All.'D PETER PROVENCHERE. patents now held by the McKay Sewing-Machine Company; which Mr. ED.:MUNDS submitted the following resolution; which was were referred to the Committee on Patents. considered by unanimous consent, and agreed to : .Resolved, That the House of Representatives be respectfully requested to trans. Mr.PADDOCK presented the petition of the publishers of the Daily mit to the Senate, for examination in reference to the claims therein mentioned, and Weekly State Journal, Lincoln, Nebraska, an
laws, the name of-Stl8all Fox, step-mcther of Robert M. Fox, late private of Com May 25, 1864, from the effects of which wound he never fully recovered. He made, panJ G, Fourth Regiment Delaware Volunteers, and to pay her a pension the same however, no claim for invalid pension during his life, and dfod .May 5, 1875, of rheu-, ~::~had been the real mother·of said soldier, commencing from the passage of ma.tic fever, involvin~ the heart. His widow, the clafinant, filed an application for a pension June 3, 1876, which was rejected April 16, 1878, on the ground that the disease of which the soldier died· Mr. EDMUNDS. Let us hear the report. was not the result of his wonnd or his military service. Among other evidence The Chief Clerk read the following report, submitted by Mr. PLATT filed in the case is that of two pbysiciam of good standing, one of whom treated February 9, 1880 : the soldier at Wfferent times from July 6, 1864, till the fall of 1870, and savs that The Committee on Pensions, to whom was referred the bill (S. No. 1097) grant in 1864 the soldier's wound was discharging; that in July, 1865, he suffered from ing a pension to Susan Fox, having had the same under consideration, respectfully continued pain in his shonlder and spine of a rheumatic or neuralgic character, and report: was thin and emaciated, which condition and symptoms increased in degreee until That Robert M. Fox, a private in Company G, Fourth Delaware Volunteers, was the fall of 1870, when, on aacount of change of residence, he ceased to treat him. killed in the service of the United States, and in the line of his duty, near Peters The other physician was called to treat the soldier in 1872, and continued his treatment until the time of his death in 1875. He states that during all that period burgh, Virginia, in the year 1864 ; that said Robert M. Fox was the son of J oab and the soldier suffered from rhenmatic neuralgia. cau..;ed by the wound ; that the ball. Annie Fox, his wife, who died in ~ving birth to said Robert M. Fox, in the year entered in front, passed through the apex of the left iung, lodged under the left 1840; that claimant, Susan Fox, bemg a friend of said Annie Fox, took and reared scapula, and was extracted from that position; that his health gradually failed and cared for the said Robert M. Fox as her own child, and subsequentl::y, in the from year to year, and that he died May 5, 1875, of rheumatic fever, involving the year 1841, married the saidJoabFox, and lived withhlm as his wife until his death, heart, the action of which had been for years impaired; and that he believes that in the year 1873. The claimant treated said Robert M. Fox in all respects as if he death resnlted indirectly from the soldier's wound. bad been her own child, and her dependence upon hlm for suppo!1~.and his actual support of her prior to enlistment, and during his service, are :rouy established. Upon this evidence the case was submitted by the Commissioner to the medical A pension was granted to the claimant, as the mother of said Robert M. Fox, De reviewer, who gave an opinion that the wound contributed nothing, directly or in cember 21, 1877, she supposing at the time of her application that she was entitled directly, to the soldier's death; and thereupon the application was rejected. The committee, in view of the severe character of the soldier's wound, and his to a pension the same as if slie had been his real mother. One semi-annual pax continued failing health from the time he received it until he died, are of opinion ment of the pension was made to her, when her name was dropped from the roll, that, although it may be true that the wound was not the immediate and direct on the ground that she was onl~ a step-mother of the said Robert M. Fox, and she was recommended by the Commissioner of Pensions to make her application to cause of the fatal disease, yet the soldier's health and constitution had become in Congress for relief. consequence of his wound so much impaired and enfeebled that he was in no con Your committee are of the opinion that the said Susan Fox intended no fraud dition :physically to resist the attack of rheumatic fever, and that thus death re upon the Government, and finding that special acts have been passed by Congress sulted mdirectJy at least from his wound. They therefore recommend that the for the relief of persons similarly situated, report the accompanying bill as a sub .bill do pass. • stitute for Senate bill No. 1097, and recommend that the substitute bill do pass. The bill was reported to the Senate without amendment, ordered The VICE-PRESIDENT. The question is on agreeing to the to be engrossed for a third reading, read the third time, and passed. amendment of the Committee on Pensions. THORNTON SMITH. The amendment was agreed to. The next bill on the Calendar was the bill (S. No. 562) granting an The bill was reported to the Senate as amended, and the amend increase of pension to Thornton Smith; which was considered as in ment was concurred in. Committee of the Whole. The bill was ordered to be engrossed for a third reading, read the The bill was reported from the Committee on Pensions with an third time, and passed. amendment, to strike out all of the bill after the word "month," in The title was amended so as to read: " A bill granting a pension to ,line 7, in the following words: Snsan Fox." From and including the 12th day of June, 1864, (his resignation from the mili STEPHEN D. SMITH. tary service of the rrnited States having been accepted on the 11th day of June The next bill on the Calendar was the bill (S. No. 1051) granting 1864,) less the pension heretofore paid him. '. an increase of pension to Stephen D. Smith; which was considered And in lieu thereof to insert : as in Committee of the Whole. From and after the passage of this act. \ The bill was reported from the Committee on Pensions with an So as to make the bill read : amendment in line 8, after the word" thirty," to strike out" seven," That the Commissioner of Pensions be, and he hereby is, directed to pl.'\ce on the and after the word "dollars," to strike out " and fifty cents;" so as to pension-rolls the name of Thornton Smith, late a quartermaster with the rank of make the bill read : captain in the volunteer service of the United States. and pay him a pension at th& That the Secretary of the Interior be, and he is hereby, authorized and directed rate of $30 a month from and after the passage of this act. to place on the pension-roll, subject to the :provisions and limitations of the pension The amendment was agreed to. laws, the name of Stephen D. Smith, certificate No. 33823, and pay him a pension of ~O per month, from and after the passage of this act. Mr. EDMUNDS. Let us hear the report. The Chief Clerk read the following report, submitted by Mr. CALL Mr. EDMUNDS. Let the report be read. February 9, 1880: The Chief Clerk read the following report, submitted by Mr. PLATT The Committee on Pensions, to whom was refmTed the petition of Captain Thorn February 9, 1880: ton Smith, praying for an increase of pension, respectfully report as follows, namely: The Committee on Pensions, to whom was referred the bill (S. No. 1051) grant That the said Thornton Smith was a captain and assistant quartermaster in the ing an increase of pension to Stephen D. Smith, having had the same llllder con United States Volunteers from August 3, 1861, to June 11, 1864. That in March, sideration, respectfully report: April, and May, in the year 1864, he served under General N. P. Banks in the Red That the claimant, Stephen D. Smith, was a private in Company C, Seventh River campaign in Louisiana, being under the immediate command of General :Regiment New Hampshire Volunteers, enlisting September 28, 1861; that he was Thomas Kilby Smith. While there he contracted the diseases which subsequently wounded in his left thigh, by a grape-shot, at the charge on Fort Wa~er, Jnly, resnlted in his total disability, namely, chronic diarrhea and muscnlar rheumatism.. 1863; that he was taken prisoner and carried to Charleston, South Carolina, where That prior to his service on the Red River he was a strong, healthy man, weighin~ his leg was amputated near the hip-joint three days after he was wounded. Two about one hundred and eighty· six pounds, as proven by the affidavits of three inti days afterward he was exchanged and sent to New York, his wound receiving no mate friends. That at present he is ina very week physical condition and totally in· treatment from the time of amputation until he reached New York; thairthe end capa-citated for manual labor, weighing about one hundred and twenty-five pounds. of the bone was not covered by the fl.esh1 and protrudes, so that it is impossible for One physician testifies as to his treatment of him in 1864, for severe chronic diar· him to wear an artificial limb. He continually suffers pain, and his health hns be rhea. Another testifies as to his good health before the Red River campaign and come injured and is continually failing. He is now disabled from obtaining a live his diseased condition subsequent. Another testifies as to bis treatment of Cai: lihood, and is under the care of a. physician much of the time. tain Smith, from 1867 to 1877, for general nervous exhaustion and alternate consti His disability is permanent. He was pensioned at the rate of $8 per month, the pation and diarrhea. highest rate allowed at the time his pension was granted ; and his pension has Another witness, who traveled with him to his post of duty ·in 1864, testifies aa since been increased, under the provisions of subsequent act.a of Congress, to $24 to his good health before the Red River campaign and his diseased condition from per month. that time to this. The committee consider his case to be one of peculiar hardship, and recommend The report of the Army surgeon who attended him in New Orleans after his re that his pension be increased to $30 per month, and that the bill do pass, with an turn from Red River, and on whose recommendation he was granted sixty days' amendment striking out, in the eighth line of the bill, the word "seven," also the leave of absence, shows that he was then suffering from chronic diarrhea. words" and fifty cents." The secretary of the medical board who examined him for an invalid pension reports that Captain Smith is suffering from true chronic diarrhea. The VICE-PRESIDENT. The question is on agreeing to the amend General Kilby Smith, under whose command the applicant served, testifies bi ment proposed by the Committee on Pensions. the most unqualified manner as to the service and the severe illness of Captain The amendment was agreed to. Smith, and as to the total disability resnlting to himself' and to others from the same disease, contracted in the same pUice and at the same time, namely, during the The bill was reported to the Senate as amended, and the amend severe attack and bombardment for three days upon the gunboats ·of the Unio11 ment was concurred in. army on tho :Red River in 1864. The bill was ordered to be ~ngrossed for a third reading, read the Your committee therefore consider that Captain Smith is totally disabled, and third time, and passed. recommend the passage of the pill herewith reported. ESTHER E. LIEURANCE. ¥r. . EDMUNDS. Let the bill be read again, as it is proposed to be The next bill on the Calendar was the bill (S. No. 526) granting a anl'ended. pension to Esther E. Lieurance; which was considered as in Com The Chief Clerk read the bill as amended. mittee of the Whole. It directs the Secretary of the Interior to place Mr. EDMUNDS. Is that the pension of a captain f on the pension-roll the name of Esther E.Lieurance, widow of Stephen Mr. PLATT. I think not. If the amendment proposed by the com Lieurance, la.te a soldier in Company H, Third Wisconsin Volunteer mittee is adopted, I will move another amendment which will obvi Infantry. ate any objection. _ Mr. EDMUNDS. Let us hear the report. The VICE-PRESIDENT. The amendment of the committee has The Chief Clerk read the following report, submitted by Mr. PLAT!' been agreed to. February 9, 1880: Mr. PLATT. Then I move to strike out the words "and pay him The Committee on Pensions, to whom was referred the bill (S. No. 526) granting a pension at the rate of $30 per month," and insert: :a pension to Esther E. Lieurance, having considered the same, respectfully report: Sub.ject to the provisions and limitations of the pension laws. That the claimant is the widow of Stephen Lieurance, who was a sergeant in
The bill was reported from the Committee on Private Land Claims The Chief Clerk also read the amendment proposed by Mr. RA..~- with an amendment, to strike out all after the enacting clanse and DOLPH, as follows: to insert: Whereas a board of Army officers was convened by order of the President, by That a certain tract of land, of ten a.rpents front by forty arpent~ in depth, on special orders numbered 78, dated" Headquarters of the .Army, Washington, April the west side of' Bayon Teche, being section 79, in township 10 south, of range 6 12, 1878," to examine, in connection with the record of th6 trial by court-martial of east, in the State of Louisiana, a.s per plat of the United States consolidated land Major-General Porter, such new evidence relating to the merits of saicl case as ized by Congress and under the Constitut~on, to a~i~ justice. in result necessarily from the facts that it is not within the jurisdiction of any par. 1 ticular State and is within the power and jurisdiction of the Unit.ad States. The -civil and criminal cases. Congress provides for ihe Judicial admin right to govern may be the inevitable consequence of the right to acquire terri istration of justice. It cannot adminis~e~ justice except t~ou~h t~e tory. Whichever may be the source whence the power is derived, the possession agency of judicial courts. Take a familiar case. A man 1S tried m of it is unquestioned. the District of Columbia in its judicial courts for murder and con It will be seen the Chief-Justice does not refer to the property clause victed. The court sentences him to be hanged. Congress is satis of the Constitution as the source of this power. fied that this man is innocent. It is satisfied that he was improperly The great Chief-Justice who never faltered before, nor afterward, convicted. All its members may go on their knees to the President to my knowledge, confronting the question, what clause of the Con and implore him to pardon; but if the President will not pardon stitution gave a power he asserted the existence of, hesitated here, what can Congress do f Can Congress issue a habea~ corpus and .res and said, it might result from one thing, it might from another, but cue him from the gallows l Can Congress grant him a new tnal f whichever it resulted from or wherever it came from, there was no -Oan Congress say that he shall not be hanged, notwithstanding the doubt of its existence. If it was not Chief-Justice Marshall who sentence of the court, pronounced under the Constitution and the delivered this opinion, it would remind one of the motion that was laws, that he shall be hanged T Every one knows that Co~gress can made to quash an indictment for thirty-three reasons. The judge do no such thing. And yet why f Congress has the exclusive pow:er after hearing a long argument on the subject, decided that there was of legislation over this District. And suppose Congress should, while nothing in any one point, but taking them altogether he thought he the man was lying in jail, between the sentence and the scaffold, would quash the indictment, and he did. [Laughter.] repeal all laws punishing murder in this District. Would that save In the next case, in 9 Howard, there is no allusion to the subject him f He is then under the weight of the sentence, not of the law. whatever. Judge Nelson, delivering the opinion of the court, says: As to his ca.se the law is merged in the sentence, the law has ceased The distinction between the Federal and State jurisdictions, under the Consti· to operate upon him, and it is the sentence of a judicial court that tution of the United States, has no foundation in these territorial governments, sends him to execution. Congress cannot vacate that judgment; and consequently no suoh distinction exists, either in reS1)ect to the jurisdiction of their courts or the subjects submitted to their cognizance. They are le¢sla cannot interfere with it; and if the President will not pardon him, tive governments, and their courts legislative courts, Congress, in the exercIBe of Congress may weep, but the man will hang. its powers in the organization and government of the Territories, combining the Mr. LOGA..t.~. I desire, if the Senator will permit-- powers of both the Federal and State authorities.-Benner et al. vs. Porter, 9 How· The PRESIDING Ol!'FICER, (Mr. WALLACE in the chair.) Will ard, page 242. the Senator from Wisconsin permit himself to be interrupted f But to what clause of the Constitution that power can be traced Mr. CARPENTER. Certainly. he does not suggest. Again, the Chief-Justice, in 13 Wallace, inad Mr. LOGAN. I understood the Senator to say that he disagreed vertently misquotes the Constitution. He says the courts are the with me on one point in reference to certain courts, for the reason legislative courts of the Territory created in virtue of the clause that he understood me to say that they were courts of necessity and which authorizes Congress to make all needful rules and regulations not courts growing out of the provisions of the Constitution. Am I respecting the Territories belonging to the United States. Now the ~orrect in that f Constitution says this, in the last clause of the third section of the Mr. CARPENTER. That is what I understood. fourth article : Mr. LOGAN. The Senator misapprehended what I said. I said The Congress shall have power to dispose of and make all needful rules and reg that territorial courts and courts· martial were legislative courts, one ulations respecting the territory or other property belonging to the Unit.ad States. growing out of the provision of the Constitution in reference to the The word "other" here has no significance whatever unless the territory and other property of the Government, and the other grow word "territory" is construed to mean property. That word un ing out of the provision of the Constitution authorizing the govern doubtedly means there, the public domain, the public lands, or terri ment of the Army and the Navy by rules and regulations prescribed tory, in the sense in which the word waa used before we had any gov by Congress. The basis of the authorization, I said, was the Consti ernment.a called\erritorial governments and is a totally different thing tution, but that the courts were not courts under the first section of from our present use of the word when we speak of Territories of the the third article of the Constitution, but growing out of the other United States. provisions. That was my proposition. We mean now, by the word Territories, those communities organized Mr. CARPENTER. I am very glad to know that I did misappre under acts of Congress into social order and held for the present in hend the Senator. Certainly he understands that I was not trying that condition; but the Constitution made no reference to Territories to make any unfriendly criticism. as communities at all. The Government at that time had a vast pub Mr. LOGAN. I merely wished to put myself right in reference to lic domain, and it had other property, and this provision is that Con that, for tha.t was my position that I maintained all through my argu gress may dispose of and make all neeclful rules and regulations re ment. specting the territory or other property belonging to the United Mr. CARPENTER. I am very glad to know that we are so far in States. Now, compare this with another provision of the Constitu accordance. I refer to this case in the District of Columbia., because tion, and see again how carefully words are used in the first article : I think it has a direct application to the case before the Senate, a.a I . The Congress shall have power to make rules for the g01Jernment and regulation will proceed to show. of the land and naval forces. Now let us turn for a moment to the case of the Territories. There In the one case it is a power to dispose of and make all needful has be~n a great deal of discussion .as to which clause of the Consti rules and regulations respecting the territory, meaning the public tution the power to govern a Terntory should be referr~d. Apart land, or other property, not for the government of the territory or other from the decision in the Dred Scott case, in ..which most of the judges property; but when you come to a body of men and Congress is to be referred the power to the property clause o~ the c?i;istitution in re clothed with power over them, the provision is, Congress shall have gard to territory and other property, which decision was greatly power to make rules for the government of the Army and Navy. damacred by four years of war, and finally reversed by the fourteenth It may be inquired to what clause of the Constitution this power amendment, the only opinion I am a.ware of by the Supreme Court is rnferable and whether I have not succeeded thus far in disproving going directly to the subject, is in the oa-se of Clinton vs. Englebrecht, my own premises and that territorial courts are courts existing with in 13 Wallace, page 447, and I will ask the Secretary to read the pas out any provision in the Constitution and from mere necessity. I .sage I have marked. know that this au bject haa been so fully discussed that for an obscure The Secretary read as follows : . individual to advance a new theory about it is like setting up a~ainst The judges of the supreme court of the Territory are appointed by the Presi fate almost, and yet I believe that the clause of the Constitution to dent under the act of Congress, but this does not make the courts they are author which the power govern the Territories is properly traced is the ized to hold courts of the United States. This was decided long since in The.Ameri to can Insu:rancs Company vs. Canter, and in the later case of Benner vs. Porter. power of Congress to admit new States. The Constitution was formed There is nothing in the Constitution which would prevent Congress from confer. when the whole country away from the sea.board was a wilderness; .rin a the jurisdiction which they exercise, if the judges were elect.ad by the people it was territory; it was public land, and without people, citizens of of the Territory and commissioned by the governor. They might be clothed with ·the same authorlty to decide all cases arising under the Constitution and laws of the United States. Those portions of the country would be filled up the Unit.ad States, subject to the same revision. Indeed, it can hardly be supposed by gradual emigration ; Ohio for instance; so of Indiana, so of Wis that the earliest territorial courts did not decide such questions, although there consin, and the other Territories. Emigration tending westward was no express provision to that effect, as we have already seen, until a compara... would produce the result of a certain number of individuals settling tively recent period. . . . . There is no Supreme Court of the Umted States, nor is there any distrrnt court within certain lines of territory. · If that was to be ma-0.e a new State, of the United States, in the sense of the Constitution, in the Territory of Utah. and Congress had the power to admit it as such under the Constitu The judges are not appoint.edforthe same terms, nor is thejurisdiction which th~~ tion, something mllilt be done to prepare it for that condition. Con ~xercise part of the judicial power conferred by the Constitution on the Generai gress cannot admit Territories ; it admits nothing but States, and a Government. The courts are the legislative courts of the Territory, created in virtue of the clause whioh authorizes Congress to make all needful rules and regu Stat-a cannot be org'anized without some legal provision from so~e lations respecting the Territories belonging to the United States. source allowing it to be organized as a State. In order to make Wis 1\.lr. CARPENTER. The Chief-Justice who delivered this opinion consin a State for instance, when a certain number of people came refers in support of it to the American Insurance Company vs. Can to reside in it, citizens of the United States upon the public lan~ ~f ter, (1Peters,546,) and the case of Benner vs. Porter, (9 Howard, 235.) the United States, it was necessary to protect them there as a civil In the case in 1 Peters the opinion was delivered by Chief-Justice society; it was necessary to throw over them the shield of the law; Marshall, and considering who delivered the opinion its language is it was necessary to administer justice; it was necessary to do all the very suggestive: things which we ~~ daily do~g ~ the Territories ~or the purpo~~ of Perhaps the power of governing a Territory belonging to the United States, schooling and tramrng and brmgmg that commumty to a condition 'Which has not by becoming a State acquired the means of self-government, may entitling it to become a State. 1880. CONGRESSIONAL RECORD-SENATE. 1361 Now, Congress is authorized to raise armies. The Military Academy what sentence may be pronounced, and how it is to be executed. at West Point is not much of an army, butitisaschoolfortheArmy; The whole subject has been regulated by Congress. This is done in it takes boys, trains them to become members of the Army and no· exact conformity with the state of things existing inEngland before body doubts that the power to raise armies covers the power to em our Constitution was adopted. The English army was a thing as to ploy this establishment as a means to that end. which our people were well informed. They had seen it, they had So the power to govern the Territories springs from the power to felt it, they had handled it, they had beaten it, they knew what it admit new States. In a great speech made by General Cass in this was made of, they knew how it was governed; and when it was pro body after the publication of his celebrated Nicholson letter,-many vided that Congress should make rules for the government of our of the premises of that speech I should not agree to and I certainly Army of coarse the great model of the British army was in view, just dissent from its conclusions,-he demonstrated, if demonstmtion can as the powers of Parliament were in view in constructing the legisla be predicated of any mere legal question, that the power to govern tive articles of the Constitution. The British government was the the Territories could not be referred to the property clause of the model to which our fathers referred under all circumstances. All Constitution; that it existed, I believe he thought, from necessity; the provisions of our Constitution are either taken from the great I do not remember as to this, for I have not read his speech for many Charter and the Bill of Rights of England or suggested by a defect of years; but I do remember how logical and how clear and how certain those instruments, ~d every provision, except it be local as to pub he is in his demonstration of the fact, that the power could not be lic lands, &c., may be traced to something in the history of England. traced to that clause of the Constitution. But I think it inheres in All the amendments, from the first to the eleventh, inclusive, are the power of Congress to admit new States, and stands as firmly upon merely the Bill of Rights or suggested by the inconveniences that that basis as any of the incidental powers which we are daily exer had sprung up in England owing to the imperfection of the great cising under other provisions of the Constitution. charters of English liberty or to the crimes that were committed in It is to be borne in mind that the Constitution was made to indi the name of government before they were adopted. cate the subjects to be committed to this Government. The single So the Constitution as much provides as though it said it in words, provision, " the Congress shall have power" * * * "to establish "Congress shall, in providing for the government of the Army, have post-offices and post-roads,11 is the only authority for our immense power to authorize courts-martial." It does not say in regard to the postal establishment; but it indicates that the subject was taken District of Colombia, that you shall have the power to organize a from the States and given to the Union, and so Congress proceeds court. You have simply the power of legislation; but we know that under that provision of the Constitution, builds up a civil and crim in the nature of thingscourtsmay becreated by legislation, and always inal code upon it, assumes the monopoly of transmitting the mails, have been. The Supreme Court of the United States is the only ju punishes as a crime any man carrying, I believe, more than a mile, dicial tribunal in the United States named in the Constitution. Ev any sealed package whatever containing written matter, and has ery other is a statutory court. The circuit courts, the district courts, done all this under that one clause of five or six words which simply the courts in the Territories and the District of Columbia, are all indicates that the subject of post-offices and post-roads and the trans statutory. mission of mails was regarded and treated as a Federal and not a Mr. EDMUNDS. The Supreme Court is in respect of its numbers, State subject. also. So the power to admit new States carries with it the power to pre Mr. CARPENTER. In respect of its numbers and of its organiza pare a community to be a State to be admitted ; aml that is the foun tion. It is provided that there shall be one Supreme Court. How dation in the Constitution for establishing territorial governments. many judges it shall have; what shall be its rules of proceeding, and When we have passed a law establishing a territorial government, and all that are left to the discretion of Congress, and are covered by the creating courts for the administration of justice in the community, last clause of the legislative article, which provides that Congress the mere creature of the statute, the mere childof Congress in every shall have power to make all needful and proper laws to carry the respect and particular, and that court goes into operation and hears provisions of the Constitution into effect. a cause and renders a judgment, does any man suppose that Congress, Therefore, this court-martial which sat for the trial oi Porter waa because it created the court, can interfere with or set aside one of its as much a court of the Constitution as this Supreme Court that sits judgments 'f Can it interfere if a man is tried there and sentenced in the middle of the Capitol here, as much as the circuit courts that to be hanged f If the President does not pardon him, can Congress administer judgment in civil and criminal causes in all the circuit pardon him 'f Can Congress snatch him from the gallows 'f Certainly courts of the United States. It represented the majesty of the Union. not, and why not Y Because doing so is not exercising legislative It spoke words of authority. It dealt with a cla.ss of persons com power. mitted by the Constitution itself to such jurisdiction, ta~en out of This bill proposes not to peform any act of legislation, not to pro the category of civil citizens, taken away from the protection of in vide how a court-martial shall be held in future for trying offenses, dictment by grand, and trial by petit jury, from the fact that they nor what shall be the punishment of offenses, nor does it make any were in the naval or military service of the United States at the time. regulation for the future government of the Army whatever. It has This court was acting upon a person so circumstanced, acting upon all the character of an executive order. It is a decree; it is a.fiat of a person in the military service, amenable to military law, amenable the Government as to a past transaction. . to the jurisdiction of that court, and they represented the majesty of Wben that court-martial bad held its sessions, had concluded upon the United States when they heard that case; and when after delib its judgment, had sent its sentence to the President and Abraham eration they pronounced Fitz-John Porter guilty and fixed upon him Lincoln gave his approval to it, and the court was disbanded, that the sentence they did that was judicial power too, as much judicial record was closed, that subject was ended, and there never has since power, that is as judicial in its nature, as the power exercised by the been any power to reverse it, or to open it for any purpose whatever, Supreme Court--a judicial power under the Constitution, be.cause the and there never will be, and it never can be reheard this side the Constitution authorized the creation of courts-martial when it author bar of God. Congress cannot do it because the court which did it was ized Congress to legislate for the government of the Army. created by an act of Congress, any more than it can in the case of the That was a tribunal entitled to rel:lpect, saying imperatively to District of Columbia or of the Territories. Fitz-John Porter, "come to us and be tried." Wbat could these three Now let me come to courts-martial. The Constitution provides individuals who pretend to have reviewed this finding, do Y Thev that: could not call Fitz-John Porter to their seat. They could not call a No State shall, without the consent of the Congress, * * * keep troops, or witness. They could not administer an oath to a witness after he was ships of war in time of peace. called and had appeared. They could do nothing in any official capac I do not know that even consent could make it law. But: ity whatever. They were mere private citizens, with no more power The Congress shall have power * * * than any other three private citizens who might meet either volunta To declare war, grant letters of marque and reprisal, and make rules concern- rily or at my request, or at the request of the President', or at the ing captures on land and wat.er ; request of Fitz-John Porter himself and review that case and say To raise and support armies, but no appropriation, &c.; what they thought about it. To provide and maintain a navy; . To make rules for the government and regulation of the land and naval forces. Why is it that the finding of this court-martial is conclusive in this case Y Why i!ii it that the finding ot the Supreme Court of the United That is the power of Congress. Now, what does it mean T Does States is conclusive in any case V I do not know any statute that it mean that Congress shall govern the Army'f Not at all, any more declares it shall be; I do not think there is. It is in the nature of than it means that Congress lilhall exercise judicial power in the seat thinge. It is a general principle in all jurisprudence that where any of Government or in the Territories or anywhere else. Congress in court, civil or c1iminal, a military or a naval court, has jurisdiction no place, under no pretense, under no circumstances, can exercise any over a particular subject and a particular man, and its jurisdiction is but legislative power. Legislative power is prescribing what shall be exclusive, its judgments are conclusive. When the Supreme Court of done in the future. The Army is to be governed not by Congress; it is the United States decides a case, there is no appeal; that decision is to be governed by rules prescribed byCongressforitsgovernment. But a finality. Dou~las once said of the judicial system in Illinois-I when those rules are prescribed and when a. court-martial has been am reminded of it by seeing one of the most conspicuous judges of provided for, the mere trial of a particular cause is as much without that State in my eye-that they had the best system in that State the the reach and beyond the power of Congress as the trial of a partic world ever saw with one exception, that there ought to be an appeal ular cause in the courts of this District or in the Territories and for from the supreme court to a justice of the peace. But as no appeal is precisely the same reasons. ' allowed from the Supreme Court of the United States it follows that 9ongress has made rules for the government of the Army. It has their judgments are conclusive. So of this court-martial. No ap pomted out in great detai). what shall be military offenses. It has peal being provided from their findings, they having jurisdiction of pi'Ovided how courts-martia1 shall be constituted to try them, the subject-matter and of the person to be tried, and there being no X-86 1362· CONGRESSIONAL RECORD-SENATE. MARCH 6, appellate jurisdiction, it results necessarily that their judgment is Constitution denies to us. He has been sentenced; he has been dis final. missed; he is a private citizen; he may like it or dislike it; he may I have already referred to it, but at the suggestion of my friend think it right or wrong, but :llter that judgment was pronounced from New York [Mr. CONKLING] I will read the fifth article of amend and approved, and the record sealed up forever, the only power in this ment, showing how completely courts-martial are recognized without Government, to relieve him, is the pardoning power of the President. being named in the Constitution. Article 5 of the amendments is as Is it any humiliation in him to apply to that legitimate power, which follows: may still reach his case, which is ample, which is copious, which flows No person shall be held t.o answer for a. capital, or otherwise infamoUB crime, like streams from rising springs T That may meet his case and violate unless on a. presentment or indictment of a. grand jury, except in cases arising in no provision of the Constitution. We cannot touch his case for one the land or naval forces, or in the militia, when in actual service in time of war or purpose or another without violating the Constitution, violat ing our public danger, &c. oaths to support it. · The other provision is that Congress shall have power- .Mr. President, there are certain provisions of the Constitution still To make rules for the government and regulation of t.he land and naval forces. observed. Every Senator who comes into this place has to appear at Now take the two together. The authority of the court-martial, the desk and swear to support the Constitution of the United States. that is the power to create one and its power to proceed after it is What does that mean Y It does not mean that he is to shoulder a created, is as clearly recognize<}. by the Constitution as though it had musket and go and fight for the Union. He comes here as a Senator; spread out in precise words what rules and regulations might be pro he swears that in his capacity as a. Senator he will support the Con- vided by Congress, and that courts-martial should try military of •stitution. When a bill is presented here and I am asked to vote fol'. fenses. it and I b~lie-ye it to be unconstitutional and vote for it, do I support How was the British army governed for I do not know how many the Constitution Y Do I obey that oath T In the great controversies years before our Revolution 'I By courts-martial. Offenders were which took place in the Senate some fifty years a~o, upon nullification tried and punished, were shot and whipped, by sentence of courts-mar and kindred subjects, Mr. Webster was supportmg the Constitution tial. That was in the eye of the framers of the Constitution. The as much a-a General Sherman was when he was marching to the sea. history of England in that respect was familiar to them; and when Each was performing the task assigned him by the Constitution in they provided affirmatively, that Congress should have power to make the way appropriate to his plac~ rules for the government of the Army and :fixed no limitation upon Webster by his invincible arguments establishing the nationality that power, and when they said, refer.ring to civil citizens, in the of our Government, its supremacy within the sphere fixed by the Con amendment, that no man shall be tried except on presentment of a stitution, disproving tho power of the Stn.tes to nuUify the constitu grand jury except in a case arising in the land or naval service, the tional acts of Congress, vindicating the power of the Supreme Court two provisions taken together as clearly recognize and as clearly to declare what acts of Congress were constitutional, was as much authorize the establishment of courts-martial as the Constitution supporting the Constitution aA any general or any soldier who shed authorizes the establishment of any of the circuit courts of the Union. his blood for it on the field of battle. And the converse is a painful They are courts of special jurisdiction; but acting within thefr juris fact. If we sit here and vote for a bill we believe to be unconstitu diction their judgment is as conclusive as the judgment of any other tional we not ouly violate the Constitution but we violate our oath court. to support the Constitution. To support means to hold up, to vindi Go to England; look at her ecclesiastical courts. In a case com cate, to give aid to, not to trample under foot because some friend or mitted to them and over which they have exclusive j urisdicti.on their some political favorite, or some great man in the land wants us to do decision is as binding as the decision of the Lord Chancellor on the something whlch we have no authority to do. king's bench, and for that universal reason which pervades all juris .As I have said, the only power that can reach General Porter's case prudence and all courts, that where there is no appeal provided from is the power of pardon. Everybody concedes that Congress cannot a tribunal authorized to hear a cause its :finding m~st be conclusive; exercise the power to pardon. and so the courts of England hold the decisions of the ecclesiastical The Senator from Illinois read a ca.se here yesterday, I think from courts. Alabama, where the Legislature, wishing to relieve a man from a The Senator from Illinois·read upon this subject from the case of judgment passed against him for violating the law in a criminal case, ex parte Reed, recently decided by the Supreme Court, and not yet appropriated him so much money as wonld pay the fine. The courts reported. It is so important, it is so clear on this subject, that I beg held that relieving him from that was the exercise of the pardoning to read it again. Speaking of a court-mairtial the court say: power, and although the Legislature might appropriate money almost The court had jurisdiction over the person and the case. as it pleased yet if a particular bill showed on its face that it was I have never heard it disputed by any man or from any source that intended to be a pardon, that it was intended to relieve the man from the court-martial that tried Porter had jurisdiction of the case and the consequences of that judgment, then it was substantially an exer the person. He certainly appeared there, and made his defense. That cise of the pardoning power, and wa-s unconstitutional and void. What are we called upon by this bill to do Y If General Porter had gave them jurisdiction over him. The faw gave them jurisdiction never been court-martialed no appeal would have been made to us; over the subject-matter. Now the court say: if he had not been convicted, no appeal would have been made to The court had jurisdiction over the person and the case. It is the organism pro· vided by la.w and clothed with the duty of administering justice in this class of us. He was tried, he was convicted, he was sentenced,hewasdriven cases. Having had such jurisdiction, its proceedings cannoli be collaterall:y im from the Army in disgrace. He appeals to us by this bill to do what! peached for any mere error or irregularity, if there were such, committed within To restore him to his place, to put him where he would be in the lan the sphere of its authority. Itajuagments, when approved as required, rest on the guage of the original bill if there had never been a. court-martial. same basis, and a.re surrounded by the same considerntions which give conclusive ness to thejudgments of other legal tribunals, including as well the lowest as the Now, I appeal to all the lawy·ers of this body to know if that be not highest, under like circumstances. The exercise of discretion within authorized an exercise of the pardoning power. 'Vhat more could the President limits cannot be assigned for error and made the subject of review by an appellate do.f The President could say, "I pardon Fitz.John Porter for the court. offense for which he was convicted by this court on such a day." Is We do not overlook the point that there must be jurisdiction t.o give the judg ment rendered, as well as to hear and determine the cause. If a. magistrate, hav not that precisely what you are asked to do in a different phraseol ing authority to fine for assault and battery, should sentence the offender t.o be im ogy f Are you not called upon here in passing this bill to relieve him prisoned in the penitentiary or t.o suffer the l,>unishment prescribed for homicide, from the consequences of that judgment f Are you not called upon his judgment would be as much a nullity as if the preliminary jurisdiction to hear to change the phrase without changing the statement to pardon and determine had not existed. Fitz-John Porter¥ Does any man claim that pardon can be granted . This court-martial was convened according to law. It was com by Congress posed of proper and of eminent persons. It proceeded according to One word now upon another subject, and that is the punishment the forms 01: law. It heard this case, having this person :i.t its bn.r as inflicted by this court. In examining this question I have fallen a defendant. Its proceedings passed under the review of the Pres upon an opinion delivered by Mr. Evarts dated November 24, 1868, ident of the United States, and met his approval, and Porter was dis in -a case where a man had been tried by court-martial under a stat missed from the Army seventeen years ago. From that hour to this ute which authorized the court to punish him by fine, imprisonment, he has been as much a private citizen as you, sir, or myself, and the or otherwise, in its discretion. It is in the twelfth volume of Opin decision of that court, upon the general principles which I have men ions of Attorneys-General, page 528. Delivering his opinion in that tioned, and upon the authority of this decision of the Supreme Court case Mr. Evarts held that under a statute authorizing ":fine, imprison of the United States, is as conclusive and as far beyond the reach of ment, or such other punishment as the court-martial shall adjudge," Congress as any judicial judgment ever pronounced in the United the punishment of disqualification from making contracts with the States by any court, civil or military. The only relief that can be Navy was not allowable. The man had been a contractor and had afforded to Porter is by an exercise of the pardoning power. The been guilty of fraud in his contracts and the acts of Congress pro· President can grant him a pardon to-day, if he sees fit. Such pardon vided that any man who made a contract should be regarded as p1·0 would wipe away the ineligibility clause of the sentence; ~Her which tanto in the military service of the Government and should be amen the President could nominate and by and with the advice of the Sen able to the military law, and if a court-martial should convict him ate appoint him to any vacant office under the Government, civil or of this offense he mi~ht be punished by fine or imprisonment or other military. punishment in the discretion Qf the court. Mr. Evarts held that the I am told, I do not know what the fact is, that General Porter has other punishment in the discretion of the court would not include never applied for a pardon. I submit to you, Mr. President, and to disability which was not named in the statute. the Senators, that under the circumstances of this case General Por There are some general sxpressions in the opinion which woiild ter is not at liberty to set his frown upon the only power in the Con seem to apply to all cases; but it is as true of an opinion of an attor~ stitution that can relieve him and invoke us to exercise a power the nay-general as it is of a-n opinion of a. court that to be dealt with fsso. CONGRESSIONAL RECORD-SENATE. 1363 fairly it must be construed in reference to the case in which it was from Indiana, I think the Nineteenth Indiana, as brave a body of pronounced ; and I would say that in a case where the statute author men as ever trod a battle-field; a body of men who, for heroism, for ized only fine and imprisonment or such other punishment as the court endurance in the privations of war, and for soldierly bearing and con might adjudge, the words" such other punishment "meant such other duct everywhere, would not suffer by comparison with the Old Guard lesser punishment as the court may inflict; it certainly would not of Napoleon. In one of the battles of that campaign, this brigade authorize a man to be shot. But in this case the article of war un lost in killed and wounded, one-third of its numbers. This was be der which Fitz-John Porter was tried is the ninth article and it pro fore Porter's disobedience of orders, but as the campaign was turned vides that : from a success to a defeat by Porter's disobedience, all their lives A.JJ.y officer or soldier who * * * shall disobey any lawful command of his were sacrificed in vain, which otherwise would have been a part superior officer, shall suffer death, or such other punishment as shall, according to of the p1i.ce paid for the success of the campaign. Every train of the nature of his offense, be inflicted upon him by the sentooce of a court-martial. cars that penetrated the interior States for months afterward came It is a maxim of the law that what may not be done by a court or freighted with the sacred remains of our slaughtered soldiers. These by a legislature directly cannot be done indirectly; but I have never were piled up at railway stations like merchandise. They sleep now heard the converse of this maxim asserted. I have never heard it in the graves that dot every high hill and evefY green valley in Wis said that what a court or power could do indirectly, it could not do consin. Our people will not soon forget Fi'tz-John Porter. They directly. If that court thought it essential to exclude Fitz-John Por w;ill never forgive him. They would not soon forget me and never ter from all offices of honor, profit, and trust, they had it in their forgive me if I should stand here as their representative and vote power to effect that purpose. The act passed by Con~ress authorized to put Porter back where he would have been if he had not!committed that court on convicting the defendant to sentence him to be hanged this unspeakable crime, and pay him all that he would have had if or shot. That would have disqualified him from holding any office he bad remained in the service and served his country faithfully. of trust, honor, or profit under the United States, with a vengeance. Queer things are being done these days. This thing may be done Now can it be maintained that where a court may take a man's life by the Senate. It will not be done by my vooo. Were I to vote for as a punishment, they cannot exclude him from office and save his this bill I should fancy that the tears of widows and orphans were life 'I In other words, does not the greater include the less in this as moistening the dust at my feet ; I should imagine that the disem in all other instances 'i It is perfectly clear that the court under that bodied spirits, the frowning shades of twenty thousand soldiers, article of war had jurisdiction to sentence him to death. That there slaughtered in vain, were mustering in this Chamber to scourge me is no doubt about; and having that, they had a right to inflict any from my seat. Nevertheless, Mr. President, God's will be done. It lesser punishment. may be that even this last travesty upon justice is necessary. They Then the only restriction upon them was the clause of the Consti tell us that whom the gods mean to destroy they first make mad. It tution that cruel and unusual punishments should not be inflicted. may be, although it seems impossible, that the democrats are not This certainly was not a cruel or unusual punishment. Disqualifica mad enough yet to insure their total destruction. This last act may tion to hold office, as a penalty for crime following conviction, exists be needed to convince the American people that, to insure a proper by the faws of almost all the States, and our Revised Statutes are discrimination between virtue and vice, to fix the proper ban on dis full of provisions which prescribe that when a man is convicted of loyalty and hold rebellion in check, we need in the White House certain offenses, a part of his sentence shall be that he is disqualified once more the steady hand, the cool head, and the patriotic heart of to hold any office of honor, or trust, or profit. · U. S. Grant. [Applause in the galleries.] Now, Mr. President, I shall leave this case. I had intended to re Mr. BAYARD. Mr. President-- view the testimony on the question, Was Porter guilty? There are Mr. DAVIS, of Illinois. The Senator from Delaware does not wish two reasons why I do not. In the first place I think it wholly unnec to proceed now, I suppose. If the Senator will yield, I move that essary, because if we have no constitutional power to pardon, or what the Senate adjourn. is the same thing relieve him from any part of that judgment, it is Mr. GARLAND. I think there is some executive business we might immaterial whether he was guilty or was not guilty. In the next transact, and I suggest that we have an executive session. place, that part of the task bas been performed by the Senator from Mr. DAVIS, of Illinois. I withdraw the motion for that purpose. Illj.nois so much better than I could do it, that I will not take the AMENDMENT TO A BILL. risk of weakening the impression he made by going over the same ground. - Mr. PADDOCK submitted an amendment ilitended to be proposed Mr. President, I have no feeling against Fitz-John Porter of any by him to the post-route bill; which was referred to the Committee kind. I was with him a year at the Academy at West Point. I had on Post-Offices and Post.-Roads, and ordered to be printed. always esteemed him until this affair occurred. In all his former EXECUTIVE SESSION. history in the Army, no man ever questioned his courage, no man Mr GARLAND. I move that the Senate proceed to the considera ever questioned his devotion to the flag. He stood high; he performed tion of executive business. his duty well, and was entitled to praise and credit, and had it too The motion was agreed 'to; and the Senate proceeded to the con from all sources ; he was brevetted for gallant conduct, but as the sideration of executive business. After one hour 'Spent in execu Senator from Illinois well said yesterday, those thin~ become aggra tive session the doors were reopened, and (at three o'clock and forty vations of his offense under the circumstances of this case. minutes p. m.) the Senate adjourned. The testimony here, which I have examined pretty fully, convinces . . I me, not that Porter was disloyal to the Union, not that Porter meant that the South should succeed in breaking up the Government, but he was devoted to McClellan; McClellan was the idol of his heart and the star of his hope. He wanted to see McClellan succeed first. IN SENATE. He wanted to see our cause prosper, but he wanted McClellan to lead MONDAY, March 8, 1880. us to victory. He was the man to whom he was attached, the man on whom all the affections of his heart seemed to be centered; and it Prayer by the Chaplain, Rev. J. J. BULLOCK, D. D. was bitter as death to him when McClellan was supplanted in com The Journal of the proceedings of Saturday last was read and ap mand and •succeeded by a man for whom he seems to have had great proved. contempt. That was the fault and caused the fall of Fitz-John Por DISTRICT WATER SUPPLY. ter, who, like Lucifer, fell, never to rise again. The VICE-PRESIDENT laid before the Senate a letter from the Why, look at the offense of which he has been convicted-and I commissioners of the District of Columbia, in reply to a resolution of think the testimony sustains the finding of the colll't. There a bat the Senate relative to an additional water supply on Capitol Hill; tle was raging, upon which the fate of this nation might be depend which was referred to the Committee on the District of Columbia. ing. Orders w~re issued to him again and again, which he disre He also laid before the Senate a letter from the commissioners of garded; which he flatly disobeyed, and when finally, in obedience to the District of Columbia, in reply to a resolution of the Senate relative the positive order to come and report on the battle-field to Pope in to the waste of water in the District; which was referred to the Com person, he did come up; he came up, as it is said, without one of his mittee on the District of Columbia; • brigades, and so tardily as to show that he had no wish for Pope's success, and no desire to obey the order. Why, Mr. President, life PEABODY EDUCATIO:Y FUND. depended on his obedience-the life of an army, perhaps the life of The VICE-PRESIDENT presented the following memorial; which a nation. If General Porter should go down the A venue to-day and was read: kill a man he would be indicted, tried, sentenced, am! hanged-life To thelwnorable fhe Senate an