The New York Herald Newspaper, February 9, 1869, Page 3

WASHINGTON Removal of the Remains of Mrs. Surratt. Important Decision of the Su- preme Court. The Legal Tender Act Not Applicable to the Payment of State Taxes. Diseussion on the Suffrage Amend- ment in the Senate. The Army Appropriation Bill in the House. Passage of the Georgia Hlectoral Gollege Resolution. WASHINGTON, Feb, §, 1869. The Evening Session of the Senate. The galleries of the Senate were well fliled this evening, an unusual number of ladies being present. The attendance of Senators was large, and every disposition was shown on the republican side to wait patiently till morning to reach a vote on the consti- tutional amendment. The Grent-Banks Coutroversy. It is extremely diMicult to get at the reai truth in the matter of that supposed order directing Banks to proceed from Port Hudson to Vicksburg to relieve Grant, and that other order directing Grant to turn over his command to Banks s0 soon as the latter should join him. The statement has been positively made that Secretary Stanton or President Lincoln himself did make such orders and issue them in the spring of 1883, An investigation of the records of the War Department recently made in reference to a question connected with the military operations along the Lower Mississippi, at the time mentioned, has proved conclusively that the records of the depart- ment contain no data to support the statement that such orders were issued. No copies of orders issued or of telegrams sent or of correspondence by mail, or memoranda or entry of any other character have been discovered after the most diligent search in all tne holes and corners of the department. That in- structions were transmitted to General Banks at toat time to unite bis army with that under General Grant, in which case he (Bauks) would assume the supreme command by virtue of his rank, and that correspondence occurred between Generals Halleck, GQrant, Banks and others and the Secretary of War, in relation to effecting a junction of the two forces, there are abundant evidences on record in the War Department. The charge that has been made tax- ing Mr. Stanton with having destroyed all traces of the papers relating to thia order ef supersedure are pronounced by old and experienced officers of the War Department to be simply absurd. They say that once an order, document or message leaves the department for its destination no single person can obliterate its record without several others being cognizant of such mutilation of the books or abstraction from the files, and that if a C :binet officer should ever be guilty of thus destroy- ing or defacing the public records no amount of precaution could prevent the matter from obtaining publicity when-the authority of that officer over the department should cease. Itis also urged in this case that if Mr. Stanton had destroyed the public Tecords there are those now in the department who ‘would be only too ready to ventilate the offence, as . itis very well known that Mr. Stanton was not a man to inspire his subordinates with any great degree of affection for him. Of course this explana- tion of the War Department authorities is pre- dicated upon the hypothesis that Stanton per- mitted the order in question to go through the regular course. But take the other supposition. Start with the theory that Stanton did not make the order in the regular red tape way. What was to prevent him from omitting the usual filing and duplication? It is perfectly idle to say he could not have done so. One thing seems tobe pretty gene- rally admitted, and that is that either Stanton did make the orders himself or induced Lincoln to write them, which amounts to the same thing in the end. New Plan for the Reconstruction of Mississippi. The Reconstruction Committee held a meeting to- day, and heard E. Jeffords, one of the judges of the Supreme Court of Mississippi, relative to affairs in that State. He claimed that he represented a large portion of the repudlican party of the State, who are opposed to the adoption of the constitution voted upon last June. He submitted to the committee a plan of reconstruction, which embraces the following points:—First, that Congress shall “declare all the offices in the State vacant. Second, provide for the appointment of a provisional Governor, with power to fill all the offices thus declared vacant, with power also to remove from offlcé his own ap- pointees. Third, provide that the proposed consti- tution shall be so modified or amended as to remove from it those features that are more proscriptive than is required by the reconstruction laws of Con- gress. Fourth, provide for an election, at the time designated by the proposed constitution for holding the annual election, for the ratification of the con- stitution as amended and for the election of all State, county and municipal officers. The committee also discussed the propriety of reporting to the House a proposition relative to Georgia similar to that of Senator Edmunds’, which passed the Senate to-day. When the liouse proceeds to the business on the Speaker's table, to-morrow, the chairman of the Reconstruction Committee will put the Senate joint resolution on its passage, without a reference to the commitice. ‘fhe Caucus of the Southern Members. Senator Abboit, of North Carolina, denies that the caucus of Southern members held last Friday even- ing had any other object than to come to an under- standing as to whether @ Pacific railroad on the tlurty-fth or ove on the thirty-second parallel would be the best for Southern interests to support. They nally agreed on the thirty-fifth paratiel he Whiskey Tax Bill, The Committee on Ways and Means have agreed to report aguiust the proposed extension of the time for tue payment of the tax on imported spirits in bond. They have also decided to report against ai- lowing whiskey now in bond to be removed without payment of Wie tax upon giving security. This re- sult Was reached after having heard several delega- tions upon the subject, allor them urging dierent action, The object of the commitwe is to get the money which will accrne from (ve payment of the tax Into the Treasury. Reduction im Indian Appropriations. ‘The Sevate Commitves on Indian Adfairs beld a meeting this morning and determined ou devoting two hours daily henceforta, until the work is accom. plished, of going once more over all the Indian treaties and estiinates, for the purpose of adjusting them to the diminished amount of appropriations allowed by the House. The committee complain of the inconsiderate action of the House in cutting down the estimates, and assert that aa ho provision is made for the Indian tribes whose annuities expire this fiscal year (here will be extreme doatitu- tion, and perhaps even war. The committee wiil ask for an additional merber, acquainted with Indian a‘fairs, to take the place oi Mr. Kenderson, Wiio is avsent in Cuba. The amount of work neces. sary to be done is very @reat, a8 Lue salary of every ove cgsnally en ployed tn the Indian Departmerit, from a doctor to @ blacksmith, has to undergo super. vision. Ratiroad Jobbers Disayye The chairman of the Pacife K Mr. Howard, discharged an tamer tive raliroad bila in tbe henate ihe commitiee of the nied. cd Committee, » of abor- wt relieved ponderous mess of to-lay most NEW YORK HERALD, TUESDAY, FEBRUARY 9, 1869.—TRIPLE SHEET. documents it has had is a long time. There were twelve railroad schemes from which the committee begged tohe discharged, and as they have alresdy disposed favorably of five others only a few of trifling importance remain on their hands. The next best thing be to discharge the committee, and Jet railroads in the future look out for themselves. ‘The McGarraban Land Case. The Senate Committee on Private Land Claims also met to-day and considered the McGarrahan case. Senators Sawyer, Williams and Ferry were present, notwithstanding the reperted intention of the to last mentioned Senators not to attend the sessions of the committee in future. An attempt was made to postpone the case until the arrival of certain wit- nesses from California, but the committee decided not to allow any further postponement, and resoived to meet again next Wednesday. Proposed Auucxation of St. Domingo. The St. Domingo annexation lobby is very nu- Merous here, but apparently not very strong yet. A wordy pamphlet, setting forth the beauties of the island, full cf pretty sentences ana poetic extracts, Was laid on the table of every member this morning. Whether many converts were made by the pamphlet ornotis a problem. Fabens, of pious memory, is the author, Check to Land Menopolists. One of the most impartant measures before this Congress was introduced this morning by Mr. Jultan, of Indiana, im the farm of a joint resolution. It is the same thing as lis bill of last session, which was then debated several days, and provides that no more of our public lands shail be sold except under the Pre-emption and Homestead laws, thus cutting up land speculation by the roots, end that no more lands shall hereafter be granted in aid of railroads, except upon the express condition in the act making the grants that the lands shall be.soid to actual settlers only, in quantitres not greater than one-quarter section to one purchaser, and for a price not exceeding $2 50 per acre. This measure lies over till next Monday, and the vote on laying on the table to-day indicates that it will pass. The New Mexico Contested Election Case. ‘The Committee on Elections heard the closing ar- gument in the New Mexico contested election case to-day, and to-morrow they will take a vote upon it previous to making a report to the House. Hard Swearing Before an Investigating Com- mittee. Mr. U. H. Painter was before the Committee on Public Expenditures, and swore that all the state- ments of Stanton and Latham to the effect that he had proposed to have himself employed and paid as an ageat to engineer the Alaska bill through Con- gress were utterly false. He swore, even, that he had never made such an offerin jest. Mr. Scotc Smith was also before the committee in relation to the Wells-Fargo contract, and explained that the committee were in error in supposing that he had given the names of the parties examined at the last, meeting as persons who had furnished him with the information which he caused to be published in cer- tain papers. Mr. Broomall, of Pennsylvania, took occasion again to pitch into the correspondents for the recklessness of their statements, and expressed the hope anew that he would never obtain their com- mendation. High-toned party, that Broomail. Nominations by the President. The President nominated to the Senate to-day:— Thomas P. Smith, Consul at La Rochelle, to be Con- sul at Paris, vice John E. Nicolay; W. D. Spalding, of New York, for Consul at Jeddo, Japan;* Edward Stephens, of New York, for Consul at Manchester, England, vice Mr. Wells; George H. Kingsbury for Collector of Internal Revenue, Third district of Mas- sachusetts, vice McCartney, to be removed; Commo- dore Andrew A. Harwood to bea Rear Admiral in the navy, on the retired list; Past Assistant Pay- master Leonard A. Frailey and Assistant Paymaster J. P. Loomis to be paymasters in the navy. The nomination by the President to-day of Thomas R. Smith, of Massachusetts, to be Consul at Paris 1s designed to supersede John G. Nicolay, who was President Lincoin’s private secretary. The Remains of Mrs. Surrait. In compliance with the solicitations of friends of Mrs. Sucritte tue Preaident ordered her remains at the Arsenal grounds to be disinterred to-day and de- livered to her relatives, Her body was buried directly after her execution, in the summer of 1865, in the same enclosure with the bodies of Paine, Atzerodt and Haroid, near the place of interment of Booth’s remains. The understanding was that there should be no public demonstration, and that what- ever funeral services over the late Mrs. Surratt should take place must be privately conducted. New Method of Marine Fortifications. The joint resolution which passed the Senate in July last was passed in the House to-day authoriz- ing the General of the Army and the Admiral or the Vice Admiral of the Navy to inquire into the utility and practicability of the Ryan-Hitchcock mode of marine fortifications, directing them to report the result of their investigations at the next session of Congress. The method of marine defence here referred to is known as Ryan’s revolving iron turret fort, to be used for monitors and for harbor defence. The fort is floated in a reservoir of water, and can be elevated or depressed at will, It is intended to be armed with eight fifteen inch guns, which can be easily handled by a very few men, the turret being revolved, and the guns run in and out of battery by air and water power.’ A board, to be composed partly of army and partly of navy officers, will soon be appointed with instroctions to proceed to some suitable poimt where the value of the invention can be fairly and thoroughly tested. General Fremont Before the Pacific Raile road Committee. The Senate Pacific Railroad Committee held a meeting this evening, and heard a speech from Gen- eral John ©. Fremont in support of the bill recently introduced in the Senate to establish a railroad to the Pacific on the thirty-second parallel. The Generat argued at length in favor of this enterprise, but the committee gave no expression of opinion on the sub- ject, one way or the other. Electoral Votes of Unreconstracted States. ‘The statement in a New York paper that the elec- toral votes of Virginia, Texas and Mississippi were received by the President of the Senate is grotind jess, as no such votes have ever reached any one connected with the Senate, UNITED STATES SUPREME COURT. State Taxes—They May Be Exacted in Coin or Kind, as the State Shall Require by Law=—The Legal Tender Act Does Not Apply to the Collecti of Sach Taxes—A Tax Is Not a Debt—Court Proceedings. No. 5.—The County of Lane vs. The State of Oregon.—The State of Oregon claims judgment against the county of Lane for something over $5,000 In gold and silver coin, the amount of reve- nue due the State from that county for the yegr 1863, The county admits the amount claimed to be due, but pleads a tender of payment in legal tender notes of the United States. The Supreme Court of the State affirmed a judgment of the Circuit Court in favor of the State for the sum named in gold and silver,coin, A writ of error was taken. from that aflirmance to this Court, and the case was argued at the last term and held under advisement until now. Mr. Chief Jus tice Chase now read fhe opinion of the Coust, hoid- ing that the Legal Tender act does not apply to the present case, because a tax is not a debt, but an obil- gation on the part of a citizen, which the State is en- tied and authorized to exact in such kind as it shalt elect. A State may collect her taxes in any specific articles, and such tax is not # debt within the mean- ing of the act, It was not the Intention of Com gress to make legal tenders recetvable for any tax except such as are enumerated ip the act, and therefore no question as to the constitutionality of that act arises in the case, The State and national governments are independent of each other in respect to taxes, each being at liberty, to levy and cotlect them in such manner and kind as provided by law. The law of Oregon, therefore, which requires the taxes of that State to be paid in cotn, are constitutional and valid, and the judgment of the State court so holding ts firtued. The Court discussed the consuitated a debt at some length, meaning of the word to be obligation arising in con- tract, A tax is quite different, ite obligatio : arising withont any en at on the part of the party taxed, Wut created wi by a law made by tle sove- reign. ‘The transfer of personal property, the law of a i, inter state faith and credit of judgment reo a No. 1. Hannibal Green vs. Morris 8, Van Buskirk ot al., In error to the Supreme Court of the State of New York. this case one Hates, being the owner of | certain iron ®afea at Chicago, executed a chattel Mortgage of them in the State of New York, Vau soon after Green caused as Eshtge fn i ae il 3 g : ae i tte A i g, z= Be ei i 8. E £ : i i i € i i 5. 38 g3) Fi g 2 BE i o passed ae, power conferred — by jeclares that the record of a judgment, authenil- cated in @ particular manner, shali have the same faith and credit in all the States as it has rty is everywhere to governed: by the law of the owner's domicil; and 1 theory proceeds on the fiction of law that tae domicil of the owner draws to it the personal estate which he owns, wherever it may happen to be located, But this fiction 1s by no means of universal application, aud as Judge Story says, “yields when- ever it is necessary ior the a: ony of justice that the actual status of the. thing shouid be examined.” It has yielded in New York on the power of the State to tax the persona! Property of one of her citizens, situated in a sister State—(The People ex rel. Hoyt vs, The Tax Com- missioners, 23 N, Y., 225)—aud always yiclds to laws for attaching the estate of non-résidents, because such laws necessarily assume that property has a Status entirely distinct from the owner's domuicil, if New York cainot compel the personal property of Bates, one of her citizens, in Chicago, to contripate to the expenses of her government, and if Bates had the legai right to own such property there, and was protected in its owuership by the laws of the State, and as the power to protect implies the right to regulate, it would seem to follow that the dominion of Ihnois over the property was complete, and her right perfect to regulate its transfer and subject 16 to process and execution in her own way and by her own laws, Green’s right under the consti-ution and the laws of Con- gress, invoked to his aid in tus case, is not at all affected by the question of citizensuip. We cannot see why, if Illinois, in the spirit of ealightened le,is- lation, concedes to citizens of other States equal rivileges with her own in ber foreign attachment we, thatthe judament against the personal estate located in her iimits of a non-resident debtor, which @ cliizen of New York lawfully obtained there, should have a different effect given to it under the pro- visions of the constitution and the laws of Congress because the debtor against whose property it was recorded happened also to be a citizen of New York. The judgment is reversed and the cause remitted with instruction to enter judgment for the piaintiff / in error. ‘The following decisions were also rendered in the Supreme Court yesterday:— No. 82. Gillinghast vs, Van Buskirk. Judgment reversed. Case similar to No. 31. No. 57. Lincoln ys. Claflin.—Judgment afirmed. inion by Mr. Justice Field. 0. 319. Chicago, Rock Isiand and Pacific Railroad com, va. Howard et al.—Decree affirmed. Opin- ion by Mr. Justice Clifford. No. 62, Lockwood vs. Grace Girdler.—Decree af- firmed. Opinion by Mr. Justice Swayne. Dissenting, Mr. Justice Davis, in a brief opinion, in which the Chief Justice and Mr. Justice Clifford concur. No. 6 (original). The State of Texas vs. White, Chiies et al.—The argument of this cause, taken up on Friday last, was proceeded with. THE x | FORTIETH CONGRESS. Third Session, SENATE. WASHINGTON, Feb. 8, 1869, PETITIONS. Mr. SHERMAN, (Tep.) of Ohio, presented a petition for the recognition in the constitution of Almignty God as the source of all civil authority, and made a few remarks in favor of such an amendment of the constitution. Mr. SUMNER (rep.) of Mass., presented a petition of Captain W. A. Parker, of the United States Navy, for his restoration to the active list. Also a petition of John Brand, of Boston, for an extension of his tent for an improved towel-stand and clothes- jorse, Mr. PaTTEeRgon, (rep.) of N. H., presented a peti- tion of officers of the American Phi llosophic Society for an appropriation to take observations of the solar eclipse to occur in August next. Keferred to the Committee on Appropriations. BILLS ADVERSELY REPORTED UPON. Mr. HOWARD, (rep.) of Mich., from the Committee on Pacific R: adversely and asked to be disci from the further considera- tion of a |i number of bills and memorials granting or for aid in the construction of rati- Toad and tel lines, among whicn were the folio’ :—A bill to aid in the construction of the Central it Railroad from New Orieans, &c.; a bill in addition to an act granting lands to aid in the construction of a railroad and tel ph line @ bill to aid in from Lake a, to Puget Souna; the construction of a railroad and telegraph line through Missouri and Arkansas to the Pacific Ocean; @ bill in relation to tne Union Pacific Railroad, Eastern division; a bill to aid in the construction of a Southwestern ratiroad telegraph line to the Pacific Oecaa, with connec- tions and branches; a bili to aid in the construction of @ railroad and teiegrapn line from the Rio Grande to the Pacific Ocean; a bill to aid in the construction of the Arkansas and Pacitic Kail- road; a petition of Franklin Haven and others offer- ing to construct the Northern Pacific Ratiroad and the Easternjdivision of the Union Pacifle Railroad, mn receiving the same land grants now given to d said company; a bill to aid m the construction of the on branch of the Pacifle Railiroad; me- mortal of the Legtsiature of Oregon in faver of the construction of a ratlroad from Salt Lake to the Colambia river; a memorial of the eure of Minnesota asking for aid in the construction of the Nortuern Pacitic Railroad; a memortal of W. Cornell Jewett, asking that ail subsidies should be withheld from the Union Pacific Railroad; a memorial of the Legislature of Kansas asking for aid in the construc- ton of the St. Joseph and Denver Railroad, UNITED STATES AND EUROPE STEAMSHIP LINE, Mr. WILSON, (rep.) of Mass., introduced a bill to establish a line of American sieamships between the United States and Karope, Which was rejerred to the Committee on Commerce. ‘The bill provides that for the purpose of encour- aging American ocean commerce all money received by the United States from the ocean and inland ostage on foreign mail matter carried between the United States and Europe, to an amount not exceed- ing two millions annually, shall be set apart for the period of ten years and its expenditure authorized us follows:—The Postmaster General is directed to contract with citizens of the United States for the iransportation of foreign matis on American steam- ships, numbering not less than two nor more than tweive in all; and for not leas two nor more than four de; res monthly, from New York , and from two to four departures monthly from Bos- ton, The steamships are to be at, least 2,800 tons register, aud to be classed Al at American Lioyds, and by one of the marine inspectors of three of the marine insurance companies of said cities. Their must equal the average of steamships similar size and class now employed between the United States and Europe. They are to cagry without compensarion all agents of the ment for whom mae requested by the several departments, and all mail matter “offered by the Post Office Department; but the United States shall receive the therefrom. For all this the Post r eral is to pay to the owners of said steamships from he fund above provided for, the sum of twenty thousand dollars for each round yoyeee to Ei and rovided the int derived back, pi amoul shail be suMcient therefor, and if not derived from for each round voyage, ever, that the deficiency of any one vo; made up from the excess of any other during the continuance of the contract. In time of war or pub- lic danger the Secretary of the Navy may take pos- session of Say St. all steamships Geng! under the ol Hons and use them in the service of the Uni States; but the owners shall bs paid a fair com Tor the use of their veascls and which they may thereby sustain. PRODUCED. for any BILLS 1 a Mr. RaMsny, (rep.) of Mii introduced a bill to amend the act lauds to the State of Minne- Sota. to the Cominittee on Public Lands. Mr. Morton, ire) ot Ind,, introduced @ bill to reluuid to the State Tada Interest and discount borrowed * 4 trans- rt for the service OF the United State tt ta recent war. Referred to the Committee on Mili- ry Aitairs Mr. MORGAN, (rep.) of N. Y., introduced a bill to secure p copy Figats for paintings, drawings and statu- ary mi JOINT RESOLUTIONS REPORTED AGAINST. Mr. WiLson, from the Committee on Military Af. Adversely the jolnt resolution in re- lation to the grades of & and lieutenant vite bey d bo ndveresty meeoreucn rant: ral . a oo ing & of Teservation at Fort ruon Leavenworth to aid in the constraction of and wagon road across Missourt. COUNTING THE RURCTORAL VoTR. On motion Mr. Edmund's resolution, offered by him on Satarday, in relation to the mode of cope ing the vote of Georgia for President and Vice President, was taken a} Mr. TRUMBULL, (rep.) Of Tl., maintained that Geor. @ratiroad to have vote coun‘ed; and thought the resolution y In any view oan pesareet, Fhe vote Mr. Epuunps, (rep.) of Vt., the evidence conclusive that Georgia was not entitied to have her ; but as there was of Cope upon that it he had int 80 as to * the necessity, ween, wee otherwise jo. for 4 while, in the counting of the electoral vote, the vote of Georgia was to be counted, but finally was Not to be Mr, Wuurs, (dem.) of Md., could not see any pro- raising the question as to the right of rep.) of N. Y,, that those Rep- resentatives had beer’elected Before the hupediment Mite tucaaad EEN tm expan was of the morning hour, which brought ap THE CONSTITUTIONAL AMENDMENT, Mr. faprsavey, (dem.) of Det., was entitled to the Mr. EpMUNps appealed to him to give way for a on the resolution with regard to’ ceuntung the Me aceaein sf ana to ad- SAULSBURY deci roceeded - reas the Senate on the constitutions! ameudment. He regarded it not as an amendment to the constitu- ton, but as an attempted State constitutions. ‘The fathers of the constitution had solemnly voved down in convention the proposal to make the federal government @ national one; but their wiser descendauts, who had the advantage of living in an age of Bel and learning their litical phtlogophy from newspapers, now gloried in doing that which the great men of the revolu- tionary period had so carefully avoided. This amendment, however, was simply a part of the gene- ral programme ol the radical party—a party already guilty of such tyranny thatit woula be well for coming generations if forgetfulness of their atrocious acts shoud come over the human mind and the his- torian’s pen be paralyzed in recording the same. He warned the advocates of the measure, who were at the same time opposed to repudiation, that they were proposing to admit to the right of suffrage a class of persons whose interests and character would be very likely to make theia vote for repudia- uon, The Senator from Nevada had deciined to give any reasons for the adoption of this amend- meat, thiuking it was enough to say that lt was the crowning act of the republi- can rty. He (Mr. Saulsbury) thought so, too. he proposed amendment, striking dowa one of the great rights of the States, was, indeed, an appropriate crowning act of that infamous party, 1m regard to which, his own descriptive vocabuiary be- ing exhausted, he could ‘only say, in the worus of hoi writ, “That from the crown of its head to the Sole of ite ;foot there was no health in 1,” That party Was tie murderer of the constitation of this country, and, therefore, in dismissing it, he might apprepriaicly use the language of the jadze when he has pronounced seutence upon a murderer—‘* May God have mercy on your soul.” Mr Nye, (rep.) of Nev., suggested that always When the judge reached that point he stopped. (Laughter.) Mir, SAULSBURY sald he would answer the Senator from Nevada with one of his own anecdotes, A man passing along a road discovered a aes, whom he knew to be a Universalist, beai a dead skunk, whereupon he remonstrated, saying, “How is It that you, a Universalist, who do’ not. pe: lieve in punishment after death, are inflicting it upon this poor skunk?” ‘To which the Universaliat replied, to be sure he did not generally believe in {er ended after death, or in the justice of it, but he ‘new this particular skunk deserved such punish- ment, and he was bound to give it to him. (Laugh- ter.) Sohe (Mr. Sauisbury), although he had pro- nounced sentence upon the radical purty, felt bound to go on denouncing it, Mr. NYE suggested that the dead party was not the republican, but the otaer one. Mr. SAULSBURY—NO, sir; it Yves, it lives ! and you saw the manifestations of its lite when you took as he candidate @ man who had always professed to a democrat, and iound it necessary to take him to carry you a last Presidential election. Mr. EDMUNDS here suggested that, in view of the nearness of the day on which the electoral votes must be counted,’ it was necessary some action should be had upon his resolution in regard to the mode of counting the vote of Georgia. He there- fore asked the Senator from Nevada (Alr. Stewart) to consent to a suspension of the debate on the amend- ment long enough to allow the Senate to act on that resolution. Mr. STEWART, (tep.) of Nev., did so consent, and Mr. Edmunds’ resolution was then passed, yeas 34, nays 11. ‘the Sengte then resnmed the discussion of the constituts amendment, upon which MF. FRELINGHUYSEN, (rep.) of N. J., made a brief Speech. He thought it unnecessary to reply to the arguments of Senacors on the other side 10 iavor of State nights. ‘TY qvestion had been sufiiciently discussed in this country, and in regard to it he would only say that ii a State whica could neither make war nor make treaties, nor coin money, and whose territory was subject to the laws of another vie higher eect Fp aye jaw of the land— wana sovereignty Was a sovi ity only in name. He was surprised that the Gensiony on the other side of the chamber spp the pending amendment to the consi vation because Pihewr called themselves democrats, and to believe in democratic government, and the object of this amendment was to give to four millions of free taxable citizens of the republic a voice in the government—e thoroughly democratic object. There was another reason Why those Sena- tors should not opnoee the amendment. They had compiained that the establishment of ne; suffrage at the South was a tyrannical discrimination against that portion of the country; but this amendment was a proposition to extend the same rule to all the States, thus relieving the South from ts exceptional pe and therefore they ought to support it, ie preferred the amendment as reported frum the Judiciary Committee pers hal the substitutes offered for it, because it did pm States of the right to it way States and that Senator’s argument had failed to satisfy him that the general it @ right, as inst a State, to ite the suffrage. ir. DAVIS, (dem,) of Ky. took the floor and an- he ‘proposed to discuss the pending awmendinent for several hi Whereupon the Sen- ate took @ recess unull seven o'clock. ; Evening Session. ‘The Senate reassembled at seven o'clock. “_n ogee an —— the appointment of r. Harlan as me ‘of the Com- mittee on Indian Aifairs. io — eS THE peers Sy ae ENDMENT, ir. Davis, (dem.) fey entitled to the floor, yielded it to Mr. Abuort, (rep.) of N. C., who made an argument in favor of the amendment. He believed the tme had come when tie power of the nerai government suould be feit over every foot of ts territory to protect ail classes of citizens in tieir rights, and if it had not power enough to make itself 8o felt he was in favor of giving it such power. He wisied (o have this constitutional amendment adopted, first, because Congress had constutional authority to propose it; second, because it was equitabie; third, because it was expedient. In re- gare to the A, ae the a he Ce ged one an afin character, as suggested by the Senator from Indiana (Mr. Morton). 3 Mr. Davis then resi the floor and spoke at length is the amendment. He insisted that the ponetitation was & rentrioted Congtess const power, was authorized by the constitation itself to propose amendments to the constitution, but not to pro; » by way of amendment, anytiing inconsistent with the scope and design of the original cousutution. To determine whether a change proposed was a Jegitimate amendment or a revolutionary proposition it inust be comy with the orginal tostrument. The pending amen it, tested in this way, would be found revolutionary and snoversive of our ays- tem of government. It proposes, in effect, to change, not only the constitution of the United States, but also the constitution of every State in the Union; and he asked any advocate of it to show where Congress could get the power to change the constitution of @ State. But it was useless to argue the oe of constitutional right to the proj rs of this amendment, it was not upon any such right, but upon selfish desire for the pre- petuation of party power, BEs The following amendment, which had been pre- pon “ore! by Mr. Davis, was then voted jown:— . t Congress having propose the Gonaittion of or Ganed only, = ion is not in or in-any way fo affect the prin- and forms ie a p= Ly - ol -_ of the several as oF- Mr. WILLIAMS, ) of then offered again his substitute for fies report of the committee:— Congress shall bave power to abolish or modify re. rictiona upon the ti office Sica woe cee on meen Mr. Wei (rep.) of Fla., made an argumen show how fuiue and trivial were all the ao to giving the negro the right to vote on acesunt of race or color or intellectual uniltness, against his transcendent patriotism, Lo Nr. Koss, (rep.) of Kansas, was in favoy of giving fos aud for other Feasons, Which were not mehige to to, Meporsase’ galery Te ‘not ble m. Mr. HENDRICKS moved to adjoura. Lost—yeas 14, 8 87. mir. FOWL (rep.) of Tenn., wre peak He did not bet! hy under our compeens anaes oonnen system either the State or the federal gov- erminent Properly be cailed sover In hi judgment the only sovereign in a repuvite itke ours was the individual, Believing in the sacredness of ladividual riguts, he wes necessarily a believer in ony’ from. ina great, “degree focal, could individual ns nd ade- or the const 103 ‘see it most of the miser; of the pe) ved bn pe nanyect ion of indy. ments, had founded @ aystou win nice checks Gnd whereby tne rights of indt- vidoota and | might be yeatously and snc- cessiutly guard He by J in favor of preserving |. Universal suttrage he re- fed as ‘@ part of our system, and he was in favor of giving every person, man or woinan, heict Tesponsible to the laws, the right to vote, but ne was Opposed to the monstrous proposition reported from the Judiciary Committee, because it proposed to change the constitution, not in the taterest of human - ity, but only m the interest @f a portion of tue Col- BILLS AND JOINT RESOLUTIONS. Under the call of States for bilis and joint resolu- tions were introduced, read twice, and referred as follows:— By Mr. Perens, (rep.) of Me.—To provide for the pavement of Pennsylvania avenue. Referred to the Committee on Public Buildings and Grounds, By Mr. Eta, (rep.) of N. H.—To rescind all station- ery contracts with Dempsey & O'Toole. Referred to the Committee on Printing. By Mr. ELtor, (rep.) of Mass.—To regulate and pro- tect the fur trade in seals on the islands of St. Paul and St. George, Alaska. Reierred to the Committee on Commerce. s By Mr. Wax, (rep.) of N. Y.—Fixing the ume for the election of presentatives in Congress; for amending the Naturalization laws, and to detect Traudulent naturalization papers. ‘The bil! proposes the Tuesday next after the first Monday 1m December, 1870, and every second year thereafter, the day on which elections for mem- bers of Cen aud delegates shall be held in each State and tory; that registration of electors shallbe made by three inspectors, residents of the district, and to be appointed by the betes | of the Interior; and that naturalization shall only be made by the United States Courts and United States Com- missioners, ohly one of the latter to be appointed for every 250,000 of the Dg aeons of cities; all natu- ralization papers held by persons in cities of over 20,000 population issued since the ist of January, 1864, to be surrendered within one year to the the proper Court or Commissioner and new ones to be taken out; if the old ones were genuine tue ex- ase in the latter case to be paid by the United Btates; all papers not so surrendered to be void. Mr. WARD moved the reference of the bill to the Select Committee on New York Election Frauds. Mr. Brooxs, (dem.) of N. Y., moved its reference to the Committee on Revision of Laws. Rejected. Mr. ELDRIDGE, (dem.) of Wis., moved its reference to the Judiciary Committee. Rejected. ‘The bill was then reierred to the Select Committee on New York Election Frauds. By Mr. BARNES, (dem.) of N. Y.—Providing for the exchange of gold for United States demand notes and to prevent the sale of gold. Referred to the Commitiee on Banking and Currency. By Mr. Brooxs—To encourage the building of steamships in the United States. Referred to the Commitee on Ways and Means. By Mr. SELGE, (rep.) of N. Y., and by Mr. MILLER, (rep.) of Pa.—Proposi amendments to the consti. tution of the United States. Referred to the Judi ciary Committee. By Mr. MORRILL, (rep.) of Pa.—Regulating the value of extra rations to which army officers shall be entitled. Referrea to the Committee on Military Affairs. By Mr. Koowrz, (rep.) of Pa.—Amendatory of the act of the 28th of July, 1866, granting bounties to soldiers. Referred to the Committee on Military Affairs. By Mr. HavGHeY, (rep.) of Ala.—Relating to the rights of the loyal citizens in Alabama. Referred to the Reconstruction Committee. By Mr. WELKER, (rep.) of Ohio, for Mr. Delano— Authorizing the President to appoint a commission to revise the tariff laws and to report its fo aa ings and recommendations to Congress. erred to the Committee of Ways and Means, By Mr. SPALDING, (rep) of Ohio—In relation to reci] ity treaties with foi nations, as being public policy at this Referred to the same committee. By Mr. JULIAN, (rep.) of Ind.—To grant the right of way to the ‘Memphis, El Paso and Pacific Ocean Railroads. Referred to the Committee on Public Lands. By Mr. BAKER, (rep.) of Ill,—Amendatory of the permeates hee age to the ccnatrareet hed the Reviston e Laws. It proposes to give valla- ity to of naturalization that have been ts- sued bona fide by courts of inferior jurisdiction, ana to recognize a declaration of intention to become filed before such courts, tne huasourt Logisiatire in Feiation to certain, ale roads. Referred tothe Committee on the Pacific By Mr. SAWYER, (rep.) of Wis.—Granting land to the States of Michigan. Wisconsin and Minnesota to aid in the construction of certain to th ttee on Public Lands. By Mr. MALLORY. (rep.) of Oregon.—A be me- of the ure asking aid the construction of a raiiroad from the northern point of the Humboldt river to rortiand, Gh rays CLARKE, (rep.) of Kan,—A it resolution of the Kansas ature tendering its thanks to Generals Sheridan and Custer, and to Cclonel For- phe water ae ete the peace i a want of sympa' co! sioner and the Eastern philanthropists in trying to cast odium on those gallant officers. Referred to the Committee on Military affairs. By Mr. oeenss, Sea) of W. Va.—A joint resolu- tion of the House West V ure saking & int of public lands to in the construc- tion theo Central West Vi Referred to the Committee on Public By Mr. HOLBROOK, (rep.) of Idaho—Resolutions of the Idaho for aid to rail &c, Re- ferred to the Committee on Pacific ae. PIERCE, Of Ala.—Granting public lands to the New Orleans and Selma Railroad and I a- tion Association, Referred to the Committee on Public Lands. By Mr. Kerr, (dem.) of Ind.—To prescribe a uni- form ruie of naturalization. Referred to the Com- mittee on Revision of Laws. The bill proposes to shorten bona jue of aliens in the United States and to six months in the State in which he applies; to dispénse with the first deciara- tion of intention to require only an oath of allegiance; to ieave the sul of naturalization to the courts now having ction; to those to perform the act as a judicia! with the courts examination of the applicant and witneas in open court, aad to require a daily record of naturalization to be kept open to public inspection. The other pro- visions are formal and tmmaterial. DISPOSAL OF PUBLIC LANDS. The call of states for bilis for reference having been concluded, Mr. JULIAN introduced and moved the previous question on the passage of a jotnt resolution to pre- vent the furtuer sale of public lands of the United States, except provided for in the pre-emption and homestead laws, and jor disposing of town sites; and regulating further grants of land tn aid of railroads so as to limit the sales of land to actual settlers in quantities not greater than a quarter sec- tion to any one purchaser, and ata price not ¢: ceeding $2 50 per acre. Mr. Horkrys, (rep.) of Wis., moved to lay the Jeint resolution on the table. Negatived—yeas 34, nas 133. The morning hour expired and the bill went over till Monday next. THE NATIONAL HOMESTEAD AT ORT ryseunc. Mr. MILLER presen! a m asking an ap- eo in aid of the Natiopal Homestead at jettysburg for the Orphans of Soldiers. Reierred to the Committee on A\ propriacons. Was the motion made ‘RNC, Dj by Mr. 8c (vep.) of Ohio, to sus- pend the rules 80 a8 to Consider in the House, and without reference to the Committee of the Whole, the Senate amendments to the House bill regulaung the duties on imported copper aud copper ores. MURDERS BY THB ARKANSAS MILITIA, Mr, ELDRIDGE avked Mr. Schenck to yield in order that he might offer a fesolution for the appolatment of @ select committee to invest tae reported murder, by the Arkansas militia under General Upham, of Utree citizens at Marion, Ark., on the 21st of January last. Mr. Roors, ) of Ark., objected. Mr. ELDaingE desired one minute to explain the Mr. ScHENcK said he did not like to yleld for that purpese, N‘. Roots said he would object to ae pussing. Mr. ELDRIDGE said that the sisier of Major George Fiarney, one of the murdered mea, was now in the city on’ her way to Arkansas to obtain the body of her brother, ‘was Very anxious to have an inves- = ScHENCK remarked that that was no part of the resolution. itted that, but claimed that it wae Finca why Woe vesotution shouid be adopted. The objection bape Aad withdrawn, and the resolu- tion could not be oI NATIONAL RAILWAY LOAN COMPANY. Cont . C,, introduced & bill to incorpo- Mr. RY, OF 8. Cy nae ve ie i Loan ‘. Fete to tne. Commies on tne District of Co- lambia. NX FLOWERING PLANTS. Mr, Prove dem.) ot N. ¥,. offered a resolution inquire Into the propricty of ing or abrogating the duty now cnarged ou, flowering plants brougit from countries. Adopted. THE DIPLOMATIC APPROPRIATION BILL. Mr. SPALDING, from the Committee on Appropria- ported bac! te amendment to the Consular and Mplomatic Appropriation bli. Made order for to-morrow. ENLARGRMENT OF CHICAGO HARBOR, Mr. Jupp, (rep.) of Tll., offered & resolution direct- ing the Secretary of War to have examinations and surveys made at the port of Chicago, with a view to secure such additional aud enlarged harbor factii- ties as the necess ty mands. Referred to the Affairs. IMPROVEMENT IN FORTINTO AT: Mf. GARFIELD, (fep.) of Ohio, from | on Miltary Affairs, reported hack thy resolution for taquiry mto the wtitty 1 € bility of the Ryan Hilchovck node Of fortidcation, | Passed. / THE CO’ The motion of Mr. in order to consider of commerce at that point cle. Committee on Military nd the rates | te amend. | . the on shipboard on the 19th » PL .) Of Me., asked Mr. Schenck whether nee omens q wi not. He it been sul discussed. He inoved wogne cur in the Senate amendments, and demanded the ion, Pie BROOKS sald he would be glad if the gentie- man from Ohio would answer a few questions, so pe amendments it be understood. eon Ss, at would be only a stem of deba' "Mr Brooks sald that tax of five cents per on sali of copper or bine vitriol wasa on eyery old lady’s dye pot in the country. Blue vitriol cost in and a little over five cents per und, so that the tax was 96 43-100 per cent ad- en and ae the benefit of three or four companies in the East. The previous question was seconded and the main question ordered. Mr. BRooKS moved to lay the bill on the table. tived—Yeas 66, nays 109, @ amendments were then concurred in—yeas 112, nays 56. The bil! now goes to the President for his approval. COLLECTION DISTRICT IN MAINE. Mr. Exror, of Mass., from the Committee on Com- merce, reported a bill to establish the collection district of Aroostook, Me., and more correctly, to define the boundaries of Newark, N. J. Passed. EXPERIMENTS IN STEAM MACHINERY. Mr. KELLEY, (rep.) of Pa., offered a resolution cal!- ing on the Secretary of the Navy for information as to the amount, &c., expended in experiments on steam expansion under the direction of the Depart- ment or the Bureau of Steam Enginoering. Adopted. « PROTECTION FROM ILLEGAL TAXATION. Mr. Moor, (rep.) of N. J., presented a petition of thirty owners and masters of vessels satling to and from Providence, R. L, praying vhe intervention of Congress to protect all engaged tn navigation from illegal actions by the State and muntefpal authori ties. Also a petition for the protection of all engaged in the oyster trade from legal taxes by the laws of Virginia, as mi led by General Schoteid in his General Order No. 61. THE ARMY APPROPRIATION BILL. The House then, at a quarter to three o’clock, went into Committee of tae Whole—Mr. Ferry in the chair—and resumed the cousideration of the Army Appropriation bil!, the iremunder discussion being that which appropriates $1,000,000 for tne arsenal and armory at Rock Island, Il. After a discussion lasting over an hour and’a half the pi pk was amended, on motion of Mr. PHELPS, by reducing the appropriation ior the Rock Island arsenal from $1,000,004 to $50,000, Mr. BLALNE, (rep.) of Me., then moved to appropri- ate $500,000 for the Rock Island bridge. Mr. Loaay, (rep.) of Ill, moved. 2s an amendment that Rock Isiand be ceded to the State of Ilinois. A point of order being raised Mr. Logan’s amend- ment was ruled out of order. ‘The amendment of Mr. Biaine was rejected. Without, making further progress in the bil! the House at MMf-past four took a recess til! haif-past seven o'clock, When the consideration of the Army Appropriation bill ts to be resu:ned, Evening Session. ‘The House at half-past seven o’ciock resumed its seasion in Committee of the Whole, Mr. Ferry in the chair, and continued the consideration of THE ARMY APPROPRIATION BILL. On motion of Mr. SHELLABARGER, (rep.) of Ohio, an appropriation of $20,000 was inserted forthe arsenai at Columbus, Ohio. REDUCTION OF THY ARMY. The committee having reached the ead of the bill, Mr. GARFIELD, chairman of the Committee on Mill- tary Affairs, offered an amendment for the reduction of the army and for the consolidation of the depart- 8. mir. BUTLER, (rep.) of Mass., made the point of order that as the whole amendment was offered as an entirety, and as the jast section provides for the transfer of the Indian Bureau to the War Depart- ment, for which permission had not been given by the House, the amendment was out of order. ‘The CHAIRMAN sustained the point of order, but on the statement by Mr. Gariield that he wished the amendment to be considered section by section, and not as an entirety, = Lee 3 7 reviewed his deci- sion and point of order, other of order having been made racer . GARFIELD took the floor to ex- COUNTING VOTES. He then yielded the floor to Mr. WILSON, (rep.) of Iowa, who moved that the committee rise, im order that the concurrent resolution of the Senate as to the count of the electoral votes might be taken from the table and passed. Te aaeviition sccordingty at quarter before nine, e rose, and Mr. Dawes took the chair as Speak: tem. Mr. WILson, of Iowa, then moved to suspend the rules, to take from the Speaker's table and the concurrent resolution as to the counting of elec- toral votes. » MAYN. ) of Tenn., whether ea naeoabat (inbinde powmtins toad mer be in order. The SPRAKER pro tem. said that whenever an amendment was offered the Chair would decide upon it, Mr. FaRNsworrs, (rep.) of Iil.—Under this motion, if it prevail, no amendment will be in order. bd The SPEAKER pro tem.—So the Chair rules, Mr. FaRNSworTH—Then I hope the gentleman from Iowa will modify his moon 80 as simply to suspend tne rules and take up the concurrent reso- lution. Mr. Wrisox—Oh, no. Mr. FaRNsworTH—I want to know if there is any pragodeps tes eee. bills through in this way. Mr. A (dem.) of —I desire to ask whether this iéxlsistion 8 the nature of a law, and does not require the of the President. Chatr does not regard der. : should like the Chair to answer tion, or somebody else for him. T4aYNARD—I ay to the gentleman from Iga to allow an amendment to be proposed to in- Crude the State of Louisiana. Mr. WILSON declined to do so, On the motion to suspend the rules Mr. Woop- WARD, (dem.) of Pa., demanded the yeas and nays, ‘The yeas and nays were uot ordered, Mr. (dei) of lil, moved that the House ad- journ and demanded tue yeas and nays and tellers ‘on yeas and nays. The demand or tellers on yeas and nays was refused aad the motion to adjourn ected, won the vote by tellers, on the motion to suspend the rulea, a quorum was not present, and then, by general consent, the vole was taken by yeas and nays, and resulted in yeas 97, nays 17, 30 the rules were suspended and tie concurrent resolution was taken up and adopted. SALE OF THE STRAMER ATLANTIC. On motion of Mr. BLALNE the Senate amendments to the House joint resolution directing the sale of the steamer Atlantic was taken from the speaker's ta- ble and concurred in. PAY OF ARMY OFFICERS. On motion of Mr. BurLER, of Mass,, the rules were suspended so that an amendment might be of!- fered to the Army Aypropriation bill for a reduction of the pay of the army, ANNEXATION OF ST. DOMINGO. Mr. BANKS, ‘rep) of Mass., proposed that Friday evening of this week be set apart for debate ouly on the subject of Hayti and St. Domingo, as embraced in a resoluuan Otljpred last week but not received. Objectton was madg by Mr. Farnsworrit. Mr. Banks moved fo suspend the rules. Mr. FARnswoney suggested that that subject could be discussed Without any special order. Messrs. SCHENCK, GARFIELD and others express@d. their opposition to the introduction of the resolu- ton. Mr. BANKS said he did noi want it introduced. On the motion to suspeud Lue rules there was no quorum voting aud tuen a uaif-past nine the House adjourned, RESULT OF ADVERT IGINE Naw York, Feb, %, 1869, To THE Eprtor oF THe ithRaLor— Allow me to atave, for tie benefit of advertisers, the resuit of an advertisement. The apphcanis stated in what papers tuey saw the advertisement: — Heraid Tribune. LOCAL INTELLIGENCE, AFearrun Fatt.—Ellea Nagle, aged last night fell from the sixth story of No, $4 Wash. four years, elas but strange to say Was not seriously uur. - neon MAIMED BY 4 SAW.—Piilip Chunge, aged nineteen, had two fugersof the right hand cat off yesterday ty Aciroular saw in the wood factory of Our, ON SIXteenih sree, B oe was taken to Bollewne ima wi RESCURD PROM DRowNING.—A, MeDermott, | at No. 37 Mote street, lag’ night walked off Kost rivet and was rescued shee being ‘eased by a cold back