The New York Herald Newspaper, February 28, 1875, Page 5

A Long Debate/on the Force Bill. THE BILL PASSES THE HOUSE. | The Civil Rights Bill Passes the Senate. Speech of Senator Carpenter Against the Bill, SENATE. Wasurnctom, Feb. 37, 1875. ‘The Vice Paxsipeyt announced asa committee to ex- amine into the several branches of the civilservice during the recess, with a view to the reorganization of | the several departments thereot, the reduction cf ex- penses, &c., authorized by the resolution of Mr. Wright, adopted a few days ago, Méssrs. Wright, of lowa Boutwell, of Massachusetts; Conkling, of New York; Merrimon, of North Carolina, and Eaton, of Cunnecti- cut Mr. Waianr said his engagements were such dur- ing the coming summer that it would be !mpossible for him to serve upor the committee. He, theretore, asked to be excused, and the Vice President appointed ‘Mr. Allison, of Lowa, in his place. FOX AND WISCONSIN RIVERS. roqulation, the particular branches of commerce over which gress has control. It applies toevery son or corporation engaged in transportation trom point to point within a State, as weil as to those engaged in transportation among the several States. It 1s well settled that no act of Congress can be valid under the constituton unless it can fairly be referred to some head of federal jurisdiction. For instance, tn regulating commerce among tates Congress night provide that every person engaged m such commerce should be to the accommodation of the inns in the sev- h which he migbt pass in the proseca- ness. and, perhaps, upon the. the tul mind is tavorable to enterprise ry that a chi « rovide that he should be adinitted to a theatre mght be temporarily sojourning during the transaction Of his business. Such provision in recard to theatres would be somewhat fantastic as a regulation of com- merce, and yet, if Congressmen saw fit to provide such provision, might be sustained as retating to @ subject over which Congress has jurisdiction, But the bill ander consideration does not rest upon this ground. oecause it8 provisions are not confined to persons epgaged in su commerce. It is necessary, therefore, in order to main- tain the constitutionality of this bili, to select some other head of federal jurisdiction to which it may fairly be re- ferred. CONSTITUTIONALITY OF THE BILL. And IT understand its constitutionality is maintained upon the ground thas it 18 within the powers conferred n Congress by the fourteenth amendment to the endment provide persons born or naturalized in the United and subject to the jurisdicuon ther: re cith- the United States and of the State wherein they all make or enforce any law he rivileges or immunities of citi- Ves. i hail any State deprive any person of life, liberty or property. without due process of law.” Fourth—"Nor deny to any verson within Its jurisdiction yf | the eqnai protection of the laws.” These are the only provisions of the fourteenth amendment which are claimed by any one to justily this bill. It is manitest that the fourth clause o State shall deny to any person within its jurisdiction the equal pas ction of thé !aws"—has no applic nm to this | subject pecially tothe jury clause of this bill. itis equally evident that the third clause—"‘Nor shail any | State deprive any person of ii without due process -of 1 ‘This is evident trom th liberty or property —has no such application. fact that women and infants | are citizens of the United states, and the fact that they ar excluded from __serv- ing. jurors in every Stat in tne Union, @ pretends or claims that in con- sequence of such nates, thev are deprived of lite, liberty or property or of the equal protection of the laws. If the ground maintained yesterday by the Se! tor from Indiana (Mr. Morton), that these vrovisi the fourteenth amendment require that colored persuns a and the fact that no o1 Mr. Wixvom, (rep.) of Minn., presented memorials, signed by 344 farmers of Minnesota, 518 of Iowa, 326 of Wisconsin and 86 ot Nebraska, in favor of an approprii tion to improve the Fox and Wisconsin Rivers. Re- ferred to the Committee on Commerce. In presenting the petitions, Mr. Windom said the signatures to them, added to those presented by hima tew days ago on the same subject, made a total of 50,215 names, or sixteen times as many as were ever presented to the Senate upon any subject. . EQUALIZATION OF THE BOUNTIES. ‘Mr. Scnurz, (lib. rep.) of Mo., presented a memorial of the citizens of Missouri in favor of the passage of the bill for the equalization of bounties, Laid on the table. THE SENATOR ELECT OF VERMONT. Mr. Morattt, (rep.) of Vt., presented the credentials of Ron. George F. Edmunds, United States Senator trom the State of Vermont for the period of six years from March.4, 1875. Read and placed on file. ‘THE TEXAS PACIFIC RAILROAD. Mr. Pease, (rep.) of Miss., presented resolutions of the Legislature of Mississippi in favor of aid tothe Texas | Pacific Railroad. Laid on the table. Mr Logan, (rep.) of Til, from the committee of con- ference on the bill for the relief of General S. W. Craw- ford, made a report, which was agreed to. Mr. Frsuixcuvysen, (rep.) of N. J., trom the Judiciary Committee, reported, with amendment, a bill for the re- Nef of the sureties of Mr. John L, Robinson, late United States Marshal for Indiana. Placed on the calendar, MINING STATISTICS. Mr. Axtnony, (rep.) of R. I, trom the conference committee on the bill to print the report of R. W. Rev,ai mond on mining statistics, made a report, which agreed to. He also reported favorably from the, mittee on Printing resointions to print the repot Smithsonian Institute for the year 1874, to pre manuscript returns of the first and ninth cenr, print the report of Professor Hayden on the, and geographic agreed to. lie also reported favorably on, to print additional copies of the report o ner of Education, but objection was m ent consideration and it was laid over. ‘A DECORATION FROM ENGLAN, Mr. Cameron, (rop.) of Pa., fr Poreign Relations, reported to enable Lieutenant Command United States Navy, to accept a de Queen of Great Britain. Placed on th ‘A BRANCH MINT. Mr. Monnitt, of Vermont. called up ed by him irom the Committee on ago, requesting the President of u to Instituie inquiries as to the proper place for the es tablishment o! Branch Mint at some pornt in the Western States or in the Mississippi Valley, and report atthe next session of Congress. Agreed to. BUSINESS ON THY CALENDAR, The Vicz-Presipxnr then calied for the business on the calendar, the Committee on Appropriations being enti- ted to the floor. PRESENTATION OF PRTITIONS, Mr. Monatut, (rep,) of Maine, trom the committee, re- ported back the petition of J. J. Laurie, ot Georgia, for an appropriation to ald such colored persons as may desire to emigrate to Liberia, and the committee was ais charged trom its further considerat fe also ri orted back nuinerous memoriais against annulling the ific Mail contract, and the committee were dis- charged trom their further consideration, the subject having been disposed of. He also reported favorably on the House bill to provide tor the payment of certain employes of the House of Representatives. Passed. DOUTINS OF CONSULAR OFFiceRs. Also from the same committee the House bill re- pealing section ot the C lar and — Dipl matic Appropriation bill, approved February 22, 1873, with an amendment aap that it shall be the duty of all consular cers of the United states here- after to inspect goods, wares and merchandise offered Jor certificate, shipped trom countries adjacent to the United states, with a view to verify the account of the manltest of the same. Mr. Sanceyt, (rey.) of Cal., said he desired some ex- lamation of this bill, If its effect was to lift off tne Present restraint on smuggling across the troniler it should not be passed. With the present facilities for transporting goods across the frontiers without the pay- ment of duties, the government had lost from one to two million dollars a year. In some investigation made by th Goramitvee on Appropriations it came out indirectly that the resources of the government were tailing off. Pearson, trom the resolation re- inance a. few United states believed the government would lose millions of dollars | until, by experience. it should be shown that the system QLaciectives to prevent smuggiing must be restored. The legislation abolishing this system was rushed through im haste. The Sundry Civil Appropriations bill ‘this year was being loaded down with jast such amend- menis, reforming, or rather deforming, all the law: and oe that bill came before the senate he woul: ose them. consideration. ‘On motion of Mr, Sumnmax, of Ohio, it was referrea to the Committee on Commerce. AMENDING THX REVISED STATUTES. Mr. FRe.incuuysey, of New Jersey, trom the Com- mittee on Foreign Relations. reported tavorably on the Dill introduced py Mr. Cameron on the 19th inst. t amend sections 1675, 1676, 16:1 and 1682 of the Revised 4 to the compensation of diplomatic officers. Placed on the calendar. . The morning hour having expired, the Senate re- sumed the consideration of the Civil Riehts bill. PERCH OF MR. CARPENTER. Mr. Hamilton. dem.) Md., being entitled to the floor, but yieluing to Mr. UaRrentxn, (rep.) of Wis.. who said, alver a thorough consideradon of this subject he was compelled to vote against it Considering the impor- tance of the measure, supported as it was by so many of his associates on this floor. he Was not willing to record his vote against it upon the eve of Dis retirement from the senate wichout givin: reasons for doing so. He | then spoke as (ollowst—I entertain as strongly as any Senator the sentimenis which inkpire this bill. Four millions of human beings who were held in siavery at the, commencement of ghe tate | civil | wir been emancipated ud made of the United tates, and of the states in which the; remde. This great and sudden change in the social cor dition of the States where slavery existed has create: discontent and inflamed tie prejudices o! those who be- | Jonged to the dominant race agaiust their formes slayes, laidly raised to leya: and political equality. his bill autended to suppress ail manttestations of this prejudice and secure to ‘he colored man the rights he ought to en- joy. Ifitcould go upon the statuie book and acc. m lish @ complete eradication of the deep and long exis ing prejudice of the white race against social contact | ‘with the race in whose tavor it leprovow a signal triumph of humanity, am colored rac it would be in the istory of the | Sings the beginning of the war there is abundant reason tor tne desire to create tn seu of this prejudice a teeling ot fraternity between the two races. During the war these peopic guarded the property, the humes the wives aud chil- ren of those who Were away batiling for southern in- dependence—an independence sought to perpetuate the | unjust system of which the colored peopie were for more than two centuries the subjects. Such loyalty has no arallel in history, and since the termination of those four years of bloody strife, under the various disadvun- tages consequent upon long-continued vondage and their sudden deliverance from it and advancement to the digmty of absolute freedom, these people have manitested a degree of moderatiun and ariability | a for knowledge, a desire tor a improvement and & respect tor law and | which have excited the wonder and gained for the respect of all reflecting and candid persons, | But haste is not always speed, anu especiaity is this uch of attempts to coerce sentiment or suppress prejudice. | ‘This can only be accomplished by time. Kiuuly entreaty, | reason and argument, and ail experience demonstrates | ry unavailing attemoDt to force men into compil- ance with social, religious or political dogmas has the effect to postpone the end desired. it this bill, when passed through the forms ot enactment, should be Je- clared unconstitutional and void it would deiay, not ac- celerate, the end desired, and there is po class ot citizens who bave so great an titerest as colored citizens in preserving in iull force every provision ot the consutation, Their rights are secured by that instru- ment, and against any intringement of its provisions they ‘should be the tirst to protest. the pervading pui- sceop ey of our institutions is that liberty can only be proiected against the tendency of government toe roach upon the rights of the people bya distribution powers, Therefore certain powers are conferred, upon @ United States, and .ail others are reserved to © Staies, and the powers ot the Union and of the states divided aud distributed among the severai d partments ot which the respective goverumente are composed, 4 DUAL PROTECTION. A citizen of the Union residing in a State owes a dou- ble allegiance, and is entitled to the protection of botn governments. ’ As a citizen of the United States h¢ owes them certain duties, and is entitled \o claim (rom them protection of the rights and privileges which pertain to tan in fis character as a citizen of wie Cnion, He also owes dutics to ihe State and is entitled to its protectio: as regards the rights and privileges whjch pertain to him asa citizen of the state, For instance, a citizen ot the United States engaged in foreign comme! or in cominerce among the several State or | with the Indian. tribes, is entitied, | What dusiness, to the” protection ‘and ‘subject ‘o the control of the United States, while a titizen engaged in commerce between two places in a State ts, 1m that behalt, entirely beyond the power of Jongress, but ts subject to the power of the State and er ittled to its protection. One provision of this bill clares thatceriain persons shail be entitied to equal accommodations and facilities ot public conveyance on and of water, This might b stained asa reguiation of Congress if confined to that commerce over which Songress possesses tie bower, of regul Hon—commerce among the several states or wil the Jadign tribes, Ros tha hat dons aot pprnads to be 4 ‘Morritt, of Vermont, said the bil needed further | Congress justify entering within | a State Drovide for the entertainment and | re neither citizens of the | | io | ani ) that | pose should be eligible to serve as jurors in 3} | correct, then (his bill ought to be so amen 4s to pro- | vide that women and babes at the breast should be so eliible, because they are persons, equaliy with colored’ citizens entitle mendment to everything secured to colored citizens, It thas ball can be maintained at all it must be under the second clause. "No State shall make or eyforce any law which shail abridge the privileges or immuuaities of citizens of the United States,” The phraseology of this section of the amendment merits critical examination. It provides that “ail persona born or naturalized in the United States and supject to the jurisdiction thereot are citizens of the United states and of the State wherein they reside.” ‘The phraseology of the next clause is es- sentially different. “No State shall make or enforce any | law which shail abridge. the privileges or immunities of citizens of the United States.” It will be seen that tis Amendment does not in words forbid States to abridge the privileges or immunities of citizens of the state, To make the two clauses equally comprehensive the latter should read thus, “No State Cele ae or entorce any law which shall abridge the privile! citizens cf the United States or of such 3} words “or of such \ | | .? but the | | clanse and the vari | tate” are not founa in the second terial that it must be considered intentional, thererore it has been declared that the privileges and immunities which @ State may not abridge are those which pertain United States as suc! OPINION OF THE SUPREME COURT, In the 16th Wallace reports, page 74, the Supreme Court of the United States declares that the distinction between citizenship of the United States and citizenship | of a state isclearly recognized and amendment, apd that the rights which belong to a citi | zen of the United States as such are protected by thi | amenlment, while the rights of the sam» person whic: pertain to him in virtue of nis state citizenship ure not provected by the amendment, main under the protection and coutrol | State government only. i the privileges to citizens of the but re- of, the S, ‘and immunities of { minunities ot the citizens of the State, and what they | eupectively are we will presently colisider: but wo ‘ish.to state here that it ts only the former which are agéa by this clause under the protection of the federal itution, and that the latter, whatever they may be, rot intended to have any additional protection by is paragraph of the Pate It, then, there is a di .erence between. the pélvileges and’ immunities belong- | inj iMited States as such, and thoso belonging to the ch 3 of the State as such, the latter must rest tor their-authority and protection where they have heretofore rested. for they are not embraced by this paragraph of the amendment.” Court also say, "that with a tew exceptions, such, tor instance, as the proibition agamst ex post facto laws, to a ciuzen ofthe { bills ot attainder and laws impairing the ov!igatious of | contracts, the eutire domain of the privileges and im- munities of citizens of the states, as above defined, lies within the constitutional and legislative powers of the Atates, and without that of the tederal government, and the Court hold that the tourteenth amendment makes ne alteration in this particuiar,”’ Whether the opimon ot the Supreme Court, coustruing the constitution. be bind- ing upon ihe other depariments of the governt ent, is Question which bas been much discussed. On one side it has been claimed that the Supreme Courtis the authorita- tive expounder of the comsti ution, and what they hold it to be itis. On the other side it'has been said that Congress and the Execunve are equaily entitled to con- strue the constitution in regard to matters falling in their respective jurisdictions, and that the three depart. ments belig co-ordinate the Court can no more bind Congress or the Executive than Congress or the Execu- tive can bind the Qourt. But it is admitted on.all hands that the Supreme Court, acting upon matiers within its | | jurisdiction—that is, when determining causes—Is su- ound to observe its decisions. I need not remark upon this difference in theory, because conceding that Con- gress may pass a law aad provide tor its execution without the gia of the cousts where it can be so execu- ted, which, Fieeentis wonid hola to be unconstit:- | tional ‘his bill looks to the courts for its enforcement, and in the nature of things could provide no other in- strumentality tor its execution; therefore, this bill, shoula it pass through all torms of enactment, would be a dead letter unless the rights it is intende’ to vindicate | Dertain to federal citizenship as distinguished trom those which pertain to the citizenship of a State. | RIGHTS OF ALL CITIZENS. Let us examine this bill with reference to this } ciple established by the hi Union. “this bill is entatle rin: est judicial tribunal of the “An Act to Protect all Citi- zens in their Civil and Legal Rights,” but the first aec- | ton provides, not that ail citizens, but “that all within the jurisdiction of the United state tuticd to the 1uli and equal enjoyment of the accommo- dations, advantages, facilites and privileges of inns, public conveyances on land or water, theatres and other places ot pubil pusement, subject only to the conditions and limitations established by law and applicable alike to citizens of every race and color, regardiess ot any previous condition of servitude." Ifthe phrase within the jarisdiction of the United ftates’ means the same thing as “subjeet to the jurisdiction ot ti States,” then ersons: ¢ bill does not provide for indians living in tribal relaions with the United states, but does pro- vide for stra; ds of savages not living iv tribal lations, Chinamen and all unnaturaiized foreigne found within the United States. Ni it it were ad- ° mitted that Congress might provide that all citizens of the United States snould be entert: dat inns and mused at theatres, upon what ground can the lines of recreation of persons who United states nor of the State: aud still more difficult must it be to maintain that the right which this act is in- tended to protect is a might which pertains to citizenship ot the United states, when ihe person whose right Is protected is not a cidzen of the Uniled “tates” But, no- cording to the decision of the Supreme ‘ourt, no light can be protected by act of Congress excepta ‘ht which pertains to a citizen of the United States ag such citizen; hence it follows that an attempt on the part of Congress to make such provision on behalt of siray bands of savages and unnaturalizea foreigners as this bill attempts is without any constitutional warrant whatever. But passing the objection as to the persons intended to be bevefited, Let the rights which are in- tended to be secured by this bill be examined, with a view to determine whether they are rights belonging to the indfyidual m his character United states as distinguished trom of a state. cludes every case in which any citizen, ot New York tor instance, siall apply for accommodations at an tun in that State. As before remarked, it may be that under the power to regulate commerce among the several States Congress inight € n golng irom one state mtv another in the prose. cution of commerce should, while so engaged, be ente: tained in the inns of the latter State. Bunt suppose a citizen or New York, residing in Albany, goes to. New Yoru city to buy goods to ve shipped to lilm at Albany. rights asa citizen In doing so he isengagea in commerce whoily within | that state; can it be said that he ts so engaged in virtue of his ciuzenship of the United states ? ‘Over such com- merce Congress has no control, and in prosecuting such commerce it Would seem that such person would be ex- ercising no right other than pertains to citwens of tal take the cnse of theatres, citizen of the state of jor admission into a |theatre of doing so, 1s he exercising g rizht which pe_ tains to him as a citizen ot the United States as couur dstinguished from his right as a citizen of the Stute of New York? As to common carriers, as 1 have before said, the provisi ns of this Dill might ve sustained if contined to such persons «in such commerceias is subject to, the jurisdic. Jonyress, But it 1 anniest that the provisions city, in of the bill are not 80 restrivied. ‘the biil covers @ case ol transport«tion between Sew York and Albany, as well asa case of transpor between New Urleans wud New York, and the bil is\cleariy void as to all inter- State transportation of persus and freight. The fourth section of the vill is as folibws:—*That no citizen po! sessing ail other qualificgtions which are or may be | prescribed by jaw shaf be disqualified tor ser. vice as a grand or it juror in any court of the — United 8 or of any State on account of race, clot or previous condition ot servituse, and any T or other person charged | whieh a State ts foroidden te with any duty in the selecion or summoning of jurors who shail exclude or fail te summou any citizen for we use aforesaid shall ou cduvicuon thereof ve deemed guilty of a misdemeanor, be ined not more than $5,009." There is no doudibf the power ot Congress to provide who shall be eligible to serve as jurors in & feaeral court, and it, has afeady declared that colored men snail de so eligible. bgt bas Congress power to pro- vide who shail be eligible fo serve as jurors in a Stace court? Letiybe borne ingaind that it is not the object of this provision to secufe to citizens of the United Staiesy a right of trial fore a jury constituted in = & particular way, but |to secure to citizens of | the United States’ the figit to serve as jurors ima State court in {he trial of citizens or iMhapitants of a state. Lhe bupreme Vourt of the United States, in the 16th of Waface’s reports, page 138, de. cided that a citizen of theWUnited states, as such, was Lentided to practice as Attorney in the courts of ate, and speaking of aflecting this question, says ment counsel tor iaintig in che Court truly says that there are certain privilegesjand immunities which be- Jong to a citizen ot the Unit#l states as such ; otherwise it wouid be nonsense for thd fourteenth amendment to prohibit a State from abridBng the! id he proceeus fourteenth amendment “in regard to that amena to argue that the admission]to the Bar ot State of a Person who possesses | the requisite learnin| and character ‘is one pt those rights whic a State may not env. In his latter Proposition we are notable p concar with counsel. We agree with bis that there Puxuewes and immuni- e United States in that re- it is these and these alone briuge."’ But the rignt to bourts of @ state ts not one fies belonging to citizens of | lation aud character, and th admission to practice tm the of these. This right in no ship ot the United States, te to eitize shi of the State, aud ay to federal courts, it would reiau to citizenship of United States. If it be not ght of @ citizen of the United States as such to) be admitted to practice law in @ State court. fpon what ground ca it be maintained that it ts fhe tight of a citizen of th United States as such to sifina jury of a State court? Juries in State courts perBrm & most important func tion im the administration ofjus the state govern- iment. Ifthe right to serve ia iuror In the courts of the State of Massactinsetts, tor mptance, were a right which ertained to a citizen of United Stator as such, hen it wouid foliow that @ gitizen of the United States sesidipg in the hiaje of NewYork or Caliivraia would might | and other places of amusement in the states where he @ couris, 1s | under thesc two clauses of the | or immunities of jon in the phraseology isso ma- blished by thug | The language of the ‘Court | Ss ie | cliizene of the Uulved States and of the privileses ana | The | | Preime, and that all inferior cours of the Union are | hall be en- | United ; $ a citizen of the | The first provision relates to inns, and in- | provide that a | New York applies | relation to | jm that as to the courts ota | | pave at much right to sore sea juror in the courts of | | Massachusetts asa citizew of the United staics resiling | that State. This will not be pretended by any cne, and the fact that Massachusetts has a right to require | that her jurors shall be of her cwn citizens shows | that such service pertains to eitizenship of tate apd not to citizensnip of the United presume that no one Will pretend that Coneresa could passa law requiring that the state of Massachusetis | select her jurymen irom the whole body of citizen: the United states, and yet -uch law would be val the right to serve as a juror in Massachusetts were i to. a Citizen of the Untied State: tor trom Indiana Mr. Morton: person Would be denied the equal protec: ¢ laws it he were denied the right to serve om If exeiuding a person from tne administration, denial to him of the equal protection of the laws, asthat senacor claims, wouid pot th | sequence follow trou bis exclusion trou the Legisla- ture which mukes the laws and from the be yhich construes thei, and if his argument estadlisnes the | right of every’ person in the State to serve as | @ juror is it not manifest that tt also estab: | lisbes his right to participate in making and construing the laws? And yet it ts well known that in proposing the fiteenth amendment, which secures to, | every citizen the right to vote: Congress puruse'y ex. | cludes the right to hold office. The ~enator trom In. maintau at no man eves the protection a the laws ai he be stiowed fo serve aga juror. Tf can conceive of no argument based upon the fourteenth | | amendment establishing the right to serve asa juror | hich does not also establish the righs to serve in the | | Lewisiarure and hold any State office: and this, in view | | of the fifteenth amendinent, must be regarded aga ver- | fect reductio ad ahsurdum. If the States do not possess the | | power. of | determin 4 who shail and who shail | 0 the exercise thie impor- function, then it must be admitted t parsetpate ot | that the stares may be interfered with in an impor. | | ry | tant State | tant particular in the exercise of their conceded powers, | tates cannot interfere with the exercise of federa | functions by taxing ollicers of the federal government | without ite consent or in any other manner, and hence | ittol'ows that the United -tates cannot interiere with | the States in the exercise of these functions. In accord- | unce with thia principle it was decided by the Sar ene | Court, in the eleventh ot Wallace Reports, page 113, th Congress could uot impose a tax on the salary of a ju etal officer of a Stare. [tseems to de clear (rom thé ae- | cision ot the Supreme Court tn the sixteenth of Wal- lace's Neports. page 133, tuat the right of any person to serve as @ juror im a state court aright which pertains to him in bis character of State citizenship, and does | not belong to him as a citizen of the Uniied States, i CONFLCT WITH THE CONSTITUTION. | | Ht, results, theretore, that ait of the provisions of this | bitl are in conflict with the constitution of the United | stares, as expounded by the Supreme Court. Itmay be | | said that these decisions are incorrect, If this were con- | | \ | i | \ i | | ceded, stil it must be admitted that the decision: | exist and that they prescribe, for the Judicial Depart- | ment of the government, @ rile wlhich must be appiled to this bill, and under whieh the courts must hold it to | be invalid’and void. And of what advantage can it be | tothe colored citizen to declare that he may bring a suit in which it ig certain he cannot recover, @ suit which n.ust be attended with vexation and expense, and reguit in defeat and disappointment? several years ago some humorous papers were published in this city describing, among other things the country resi- dence of a geutiemano. wealth ana ieisure, They de- | scribed his magnificent mansion a floral garden on the banks of the Hudson, and the incident of his neigh- | | bor’s hous breaking into his garden and destroying everything. Intending to ridicule the technicalities of | an old barrister, the writer relates that he consulted him regard to this injury, He says, “I asked him if £ ald not maintain an action of replevin for the hogs in | | the Cireuit Court ot the United States.” He replied with reat @oleinuity ihat, “under the, consiitution of the S Jnived states and the practice of the courts suchan | j action could be commenced.” I asked him if could recover. He said ‘If coud not” This bill is framed according to the advice thus g.ven. | The colored citizen is authorized to bring a suit in whien everybody knows cannot recover. The Su- | | preme, Court of the Upi . states, in two well con- | sidered decisions, hayasett 4 the princ.ples upon which | the validity of this mi. ‘: denied, and every Oir- | cnit Court In which @fuit.y be commenced under its provisions will be col ‘in proper judicial subordi- nation, to rule against © recovery. ‘its only effect, thererore, witl be to invo' ~ the colored man tn litiga- tion in which he iscerts 4 to be defeated, keeping the | romise to his ear and breaking it to his ope. From the considerations which I have briefly statcd [ am compelied to vote against | the bill. I can understand how an. orator like the Senator from Indiana could inflame the passions of | a popular Assembly and ral.y it to support the pro- | visions ef this bill, but | contess my astonishment and | my sorrow that hé can carry along with him the highest Court of the jand—the Senate ot the United States—and pass this bill throughout ail the forms of eniciment. 1 am consoled, however, by the confidence that if itshatl become a law the judicial courts will intervene to vin- dicate the constitution. At the conclusion of Mr. Carpenter's speech a brief | colloquy took place between him and Mr. Morton, the | latter repeating his argument of yesterday that the ex- clusion of colored men trom the jury box was a denial of the rivhis and privileges guaranteed by the four- teenth amendment, COLORED JURYMEN IN GEORGIA. Mr. Gorpon, (dem,) of Ga., said no Senator could point | to any Jaw ot any Southern staie which probibiied | colored men from sitting on juries. ‘Mr. PATTERSON, (rep.) ofS. U., inquired it any colored | man could sit ona jury in Georgia. air. GORDON replied that any man could siton a jury | in that State who was upright and intelligent, Mr, Parterson said it was @ fact that no colored man ever occupied a seat in a jury box in Georgia. | | Mr. Gonpox—Provably the Senator is better informed than’ I am about Georgia, I say colored men have served on the jury there, | My, Parrasson inquired when and where they had served. Mr. Gorpon—Judge Schley, one of our judges, has | had colored ators) Mr. Parterson—Is he a democrat? Mr. Gorvox—He is a democrat. Mr. Eaton, ot Connecticut, inquired if colored men were allowed on juries in Indiana, Mr. Morrox—I understand they are. | Mr. Katon—When and where? Mr. Morton—Well, | can’t say. I have not practised law in Indiana for some years. | (Laugiter.) | Mr, Eaton then explained how jurors were selected in his own State, and sald the passage of such a bill as this would be uiterly useless. It would not compel the per- sons whose duty it was to select jurors to select colored people, Men were selected there according to their fit- ness. Mr. Morton said it would not make men of the same political taith, he Senator (Mr, Eaton) select them, Bat men of «different political taith would do it. Mr. baton saM@ he did not say men of his political faith would not do it, but that the passage of this law | Would not compel them to do it. In reply to a question trom Mr, Logan Mr. Eaton said | they had the word ‘-white” in the constitution of his State, but it was not regarded at ail, Mr. Dexwis, dem.) of Md., said the Senators had no doubt made up their minds avd he did not propose to enter upon any extepied argument on the bill, but he desired to enter his solemn protest against its Lope fo not only on account of its unconstitutiovality, but cause it Was repagnant to his people and to a great m | jority ot the people ot the country. Mr. HaMiLToN, (Jem.) ot Md., sald the cenator from In- | diana (lr. Morton) had admitted the States could pre- scribe qualifications tor juro:s, and might say no man should be a juror who could not read and wriie. If that test be madé by the tates at one ivil swoop 3,993,000 of the 4,000,0W0 negroes would be aisqualified. He (Mr. Hamilton) objected to the second section of the bill be cause Ui yn to make crime of what was not crime Dow. je spoke of the constitututional objections te the bill, and said be had no prejudice against the colored | race, but the two races could not be brought together in socihi equality. Mr. Hamiiton concluded at two o’clock, the hour | | which was agreed upon on Thursday evening last as the | | time when amendments should ve discussed ander the five-minute rule. Mr. Parrerson, of S.C., said he desired to speak in } favor oi the bill, and asked that the time for debate be | | extended one hour; but objection was made. The ques- tion being on the amendinent of Mr. Thurman to the fourth section in regard to the selection of jurors, $0 that it shou!d not apply to state courts, Mr. Epwuxps replied to the objections raised against the constitutionality of the bill, and said if jure wers Stace officers there might be something in the objections raised by the Senators of the other sido | of the Chamber, but it nad never been claimed that they Were officers. hey were more like witnesses. He bad | no dificulty in saying that under the fourteenth amena- ment Congress had the power to say that State courts should not exclude any person from the jury box ou ac- count of race or color. REJECTION OF MR. THURMAN'S AMRNDMRNT. mendinent of Mr. Ihurman was rejected—yeas 26, nays 40—as tollow: Yeas—Messrs. Bayard, Bogy, Carpenter, Cooper, Davis, Dennis, Eaton, ‘Ferry ‘of Connecticut, Gold: thwalte, Gordon, Hager, Hamilton of Maryland, Hamil- tou of Texas, Kelly, Lewis, MeCreery, Merrion, Nor- | Wood, Raneom, Saulsbury, *churz, Sprague, Stevenson, | Stockton, Thurman and Tipton—25. Nars—Messrs, Alcorn, Alison. Anthony, Boreman, Boutweil, Cameron, Chandler, Clayton, Conkling, Cono- ver, Cragin, Vorsey, Ldmuads, Ferry of Michigan, ¥ianagan, Frelinghuysen, Hamlin, Harvey, Howe, In- Joues, Logan, Mitchell, Morrill ot Vermont, Mor- | galis, | ton, Oglesby, Patterson, Pease, Pratt, Ramsey, tol | Sou, Sargent, scot Shermaii. Spencer, Stewart, W burn, West, Windom and Wright—40, | REJECTION OF MR. BAYARD'S AMENDMENT, Mr, Bayarp moved to amend by adding, at the end of | the fourth section, as follows :— “And sections 820 and s2l of the Revised Statutes of the United States be and the same ure hereby repealed,” Rejectea—yeas 25, nays 36. ‘These sections make it a cause of challengeof any per- son summoned as grand or pert jurors who jotned in ihe revellion or gave, directiy or indirectly, aid thereto, and | Prescrive the oath to be put to persons summoned as jurors, | | Mr. Taran moved to amend tne section so as to provide that the penalty for violation ot the act should | be‘not fess than $9 or more than. $100, insteal o1 nos less i than $400 nor more than §$1,0W, Kejected—yeas 3%, | pays | | Mr. ftrtox, (lib. rep.) of Neb., moved to amend by | | striding out the word ‘theatres’ ‘in the first section and. angert “churches.” Mr. OcLussy, (rep.) of Ill., called for the reading of th section if it should be amended as proposed by the Sen: tor trom Nebraska. ‘The Cieek read as follows ersons within the jurisdiction of the United « be entitied to | the tutl and equal enjoyment of the accommodation, ad- Van ages, lacilities uni priviezes o: inns, public con- on land aud Water, churches and ower places of puolic amusement.” (Great laughter.) THE BILL RAPORTED, The amendment was rejected. The’ bill vas then re- ported to the senate, aud no Amendment having been made in Commitiee of the Whole, Wwe question was upon Ats uhird reading. Mr. Epwunps said he would avail himself of this | | Opportunity to say a few words in support ot this meas- While listening to the debate iv occurred to niin no measure of this kind, originated here since 186), received the approval ‘of the democratic party: | ere had been no Weasure. either for suppressing the rebellion or securing the fruits o: the war, which met its approval, He was not surprised, theretore, when this measure to protect citizens of the United states in their rights under the constitution came up to find this sawe | party practising its same old tactics. ‘he country had deco’ toll in’ @ plattorm, gotten up at Cincin- indorsed at Baitimore or somewhere cise, that this party 0 accept what had already transpired; that they favored equal riguts; but when ; that single instance was passed there was not o:e to | show that that party haa 0 & single step to maintain and preserve the rights which the amendments to the constitution guaranteed. Take the thirieenth amend- Inent and see Whose votes passed it. Every democratic j Senator in this body,on the lth of April, 1864, voted oi ainst submitting to the people of the various States an mend ment to the constitution to abolish slavery. Why did they do it? Because they thought slavery should no6, | be abolished, ana when that amendment was submitted to the States every democratic State which had @ | democratic Legislature rejected 1t—th | ware. New Jersey and Kentucky, Why did they Because they had determined that this government should not take a step in favor of equal rights. Again, when the fourteenth amendment was here every demo- crat recorded his vote against it, alued by their allies, who, for want ot offices or something ¢lve, had gone over. It, too, Was rejected by democratic legisiatures, and some states ie moment they becaine demo- | atic, ufMdertook to withdraw the ratification which had been. previously given, of which the puate of New York was one. then came the fifteenth amendment, and every democrat voted againat it, and the democratic Legislatures of Caltror. nia, Deiaware, Kentucky, Maryland, Oregon, Tennessee, unio and New Jersey rejected it That party had said that slavery should not be abolished, and had pursued me ¢ bad policy toward every act proposed in Con- gress to maintain the supremacy of the Union, There was not one of the reconstruction acts which had democratic vote, not asingie Civil Rights bill which re- ceived such a vote, iter these measures were aa and to a aN em into % Wag proncaad, there was still some resist, natl and | Southern Gover: | a | ought to be unknown ip the workings of ance on the part of the aemocratic party— the party which proposed to favor — equal rights All this meant, wha: the people of this country fully unders: that this was the same party whieh claimed that the’ government bi ower (0 ssion, and which laimed that there was amendments to the constituuon to en- oanythiog. The meaning of it ali, he Was that in the Jemocraue platiorm of many . 1 be @ reaction, and it cmion and the con- ears fF Fonte ‘t stitation as they were, not as they are. It would then de declared "2ere Wasao lite in any one of the three amend- ments. Latterly it hae been seen steps were taken ig seme of te Southern siates to control iabor, as they called it, but it all nounted +o involuntary servitude. When he studied history uf the progress of these affairs te though: ‘the contest from 1360 to 1803 was notended. He tid not mean to say that arms taken up to AgUL TOF secession, Dut, as was r. they woud try to fi me way consistently with the letter é constizution by which the o.d system might be restored. le thes arcued as to the duty of the federa, government to protect all citi zens, and said the governine WAS Roatod > gee shat the * hie of the citizen were aot invaded on pretence ot religion, race or any'hing else. The tederal govern- ment Was dound to protect the citizens, and oot to turn | them ‘oose, suvject to the turmot, ion and prejudice which mht happen trom tume & tioD of the United states protected class legislation, sectarian prejudices and ten thousand her things What wasitto be a citizen of the United | if one coud not be protected in all the immuin- tles.and privileges of citizenship? The Senators on the other se seemed greatly aiarmed when these simple rig bts were put in @ statute book to carry out the consti. | tution, Betore Mr. Edmunds concluded the half hour allowed | him to close the debate expired. | ‘she ill was then read @ third time and passed—yeas | na, 5 26—as follows:— ‘Ba: Messrs. Alcorn, Allison, Anthony, Boreman, Boutweli, Cameron, Chandier, Clayton, Conkiing, Cono- ver, Cragin, Kdmunds, Ferry of Michigan, Flanagan, Prelingnuy sen, Harvey, Bove, orton, Og nes, Logan, | orton, time. The const citizens against Mitchel!, Morrill of Vermont, sby, Patter: | son, Pease, Pratt, Ramsey, Robertson gent. Seott, | Sherman, Spencer, Stewart, Washburn, West, Windom | SM yscllessrs Bayard, Bogy, Carpenter, avs—Messrs. Baya’ » Carpenter, Cooper, Davis, Dennis, Eaton, Ferre of Connecticut, Gold: | thwaite, Gordom Hager, Hamilton of Texas, Hamiiton | of Maryland, Keily, Lewis, McCreery, Merrimon, Nor- wood, Ransom, >aulsbury, Schurz, Sprague, stevenscn, Stockton, thurman and Tipton—2s. /RRILL, of Maine, from the conference committee | egislative, Judicial and &xecutive Appropri tion bill, made a report that the committee had been un- | able to agree, and asked for a new conference committee, | which was ordered. ‘The Vick PussipeNr appointed Messrs. Sargent, Ed- | d Stevenson as tie uew comumittee on thé part ‘of the senate, Mr. SauGENT moved that when the Senate adjourn it be to meet at hali-past seven o'ciock this evening. reed to. ir Moxrttt, of Vermont, then called up the Tax and | Tariff bil), and said he would not urge its consideration | before this evening, but he hoped tere would be a full aliendance of senators then, Mr. Mongite then yielded the floor to Mr. Ferry, of memory of the late Senator Buckingham. | Ew.ogies were delivered by Messrs. Ferry, of Connecti- | cut; Frelinghuysen, Bayard, Anthony, Stevenson, | Howe, Thurman, Pratt, Ingalis, Morton ani Eaton, The Senate then, as aturther mark of respect to the | Gecgaed, adjourned to meet again at bail-past seven | RVENING SESSION. Hl Upon reassembling, at hali-past seven o'clock, Mr, Moxnitt, ot Vermont, who had charge ot the Tax’ and Tari bili, yielded the floor to Mr. KaMsky, of Minnesota, who called Up the Annual Post Route bill, and it was | Pussed. = The Vick Presipext lati before the Senate a com- | munication trom the Secretary of War, enclosing a | report of Major ©. R. Suter in recara to the improve: | ment cf the navigation of the Mississippi River between. the mouth of the Unio isiver ant New Orleans, Ordered printe; He also taid before the Senate a memoriat from the | Legislative Assombly of Nevada in regard to the Branch | Mint at Carson City, and asking that the cnarges for the | comnae of silver removed, and that a reduction be made in the charges tor meiting, tenghening, retning, i &c. Relerred to the Committee on Ninance, Mr. Bayarp, of Delaware, introduced a dill to remove | the political disabilities of Philip stockton, of Texas. | Reforred to the Juaiciury Committe Mr. Logan, from the Committee of Conference on the | bill to reduce'and fix the Adjutant General's department of the army, Made a report, which Was agreed to. | Mr. MowRict then yielded to Mr. HaMuty for @ motion | for an executive session, which was agreed to. | At forty mivuies past elzht the doors were reopened | and the Senate adjourned until Monday morning, at | eleven o'clock, when the Tariff bill comes up ag uniin- | ished business. | HOUSE OF REPRESENTATIVES. Wasninaro, Feb. 27, 137: Mr. Honisvr,(rep.) of Ill., from the Select Committee on Mississippi Affairs, made a report, signed by himself and | Mr. Conger, ot Michigan, with a resolution that the vio- | jent overthrow of law and order in Warren county, | troops amd the action of the government in sending them. t Mr. Witutams. (rep.) of Wis. the third republican mem- | ber of the committee, indorsed the report as fol.ow: “Some portons of the above report { would desire to change as io form and phraseology, so as to give a more fall and exact expression of my views, but with its gen- | eral conclusions [ ful!y concur.” Mr. O’bnieN, (dem.fof Md., presented a majority re- port signed by himself and Mr. Speer, of Pennsylvania. It reviews the testimony at great Jength, and elabor- ately portrays the deplorabie condition ct the State. | It justifies the qetence of Vicaxburg made by the citi. | zeng on the 7th of December, charges the responsibility for the invasion and loss of life on the Governor and Crosby, the Sheriff. It groups tne main facts of the | testimony, and severely censures the Judge of the Court | of Vicksburg for partisanship, the negro officials ot the county for wholesale frauds, forgeries and peculation, aod the Governor for his unwarranted call on the Presi- eng for troops, and denounces interterence ot the army in the affairs of the State. Mr. Kasson, (rep.) of Iowa, from the Committee on Ways and Means, made a report with resolutions that | a copy of the testimony be delivered to the Clerk of the House to be laid before the House at the next Congress, | so that fusther inquiry may be made and due action | taken upon the questions affecting William 8, King and | John @, Schumaker; also directing the Clerk of the | House to trahsinit to the United States District Attor- | ney for the Listrict of Columbia, a copy of the testi- | mony on the question of a corrupt use of money to ob- | tain the subsidy, with direction to lay so much of it as relates to the truth of the testimony given by King and | | Schumaker before the Grand Jury; ato providing that | any reporter or correspondent having a seat in the | guilery who has received uny see, bribe or reward in | connection with legislation be deprived of such privi- Jeges, and his conduct severely censured, A vill on the same subject was also reported by Mr. E. H. Roberts, ot New York, prohibiting any agent or attorney appearing before Congress or any committee thereof until be shail have filed with the ‘Clerk ot t House or of the Senate his name and residence, the title of the claim and the amount and character of the compensation he isto receive. The report, the resolu- be the bill were ordered to be printed and recom- mitted. Various bills and regolutions were disposed of under uni snimous consent. ‘THE FOROR BILL. The House then resuined the vonsideration of the bill to provide against the invasion of States, to prevent the subversion of their authority and to maintain the secu- rity ot elections. Arguments were made against the bill by Messrs. | Young, of Georgia; Pierce, of Massachusetts, and Po- | land, ot Vermont. Mr. PoLan (rep.) opposed the first and second sections | ot the bill because the offences therein described were | oileAces against the State and not against the Cuited | States. He argued that the power given to Congress in | the constitution to cail out the militia to repel invasions referred to invasion by a foreign foe and by an armed | military foree, though the “guara.tee clause” in the | fourth section of articie tour might well include an it- | Tuption into one State by an armed military trom ano- ther. ‘The protection conwmpiaied wis by miliary force to drive away or destroy the invaders and not by | legislation. Tne invasion must be an invasion inreaiity. | It would not do to create an artiicial shai i Jaw and to punish it by penalties. To make an uplaw- | ful intermeddling by two unarmed men against any | State officer or State law an invasion within the mean- ing of the constitution was a mere eham and farce. | asVen if Congress had the power he did uot beieve that there could b over offences that were clearly within the purview ot State power and that were punished by the laws of every State. ‘The fourth section of the bil provide.t for | Je State officers for vioiating ntave laws, but he | new ot No authority in the constituuon Congress with any such power. He objected to the thir- feenui section, authorizing the suspension of Lhe writ of | habeas corpus It was nov claimed but tat the courts | in all parts of the Union were open and in the tree ex ercise of their tull legal power and jurisdiction, nor that | the executive oucers of the law could not perform their duties, serve process or make arrests | anywhere and everywhere, The tact that the not well administered, that judges were parual or dis- | regarded (heir duttes, furnished uo ground for the sus- | pension of the writ. ‘It had never been supposed to be needful or justifiable to suspend the great writ ot pe sonal liberty, except in times of grea: danger, when the | officers and tribunals of the law Were powerless or were $0 obstructed as to be practically unabie to enforce the Jaws or aiford protection to person and property. His | opposition to the section did not in the sightest degre imply distrust in the prudence or patriotism of the pre ent Executive. He would trust him with the power a3 readily as any President that the country ever had; but the right of the citizen to have (he question of tis tight to personal liberty examined and decided should only be denied when the national safety itseli was in peril. The remainder of che bill Was substaatially the bill | reported by the Judiciary Comm: known as Judge | White's bil, and he should cheerfully support tt; that committee bad never dreamed of such remedies as ieee proposed, and for one he could not support eth. Ms. Gronax F. Hoan, (rep.) of Mass, expressed hiscon- | currence substantially tn tue statement of the gentiemat trom Vermont, and theretore he feit relieved of the m vessity of making any speech of his own, te thought, however, that (he policy of the statute of 1871 was wise; | that (hatact was approved by the entire country, and | that ith suppressed a great evil, which was menacing | altke to personal security and to te right ot suftrage in the states. ifa bill could be tramed dedning and limit: ing the territory to which it shon: pp.y, ana defining and limiting cautiously the occas: lor exercising the | ower he would be in tavor of giving the power to meet ne conunge y. Mr. LorTReLt, dem.) of Cal., member of the Alabama Committee, made a speech against the sill, oppo: on peinciple, and denying that there had been an timidation of republican voters in bama. He yielaed the floor to Mr. Kidredge, who, | w sentences, pro- tested against the bill as au infamous measure, and one that wai agat with danger to the peace of the coun- R, (dem.) of Miss, nad five minates left to him and commerced to speak against the bili, He admitted that there existed in some southern States disquietude in political affairs; disor amounting in some tn- ances to turbulence, culmr 1g in scenes of violence d_ bloody conflict, which were unusual in the North- ern States and unusual in ali other soutuern States, and merican insti- tutions. He hoped to show, however, that t lous state of (hings did not arise from any pur tain political supremacy, from any antagonism of races, from any lurking discontent with the constituuonal amendments, or trom any hostility to the Union, At this point Mr. ORts, (rep.) of Ind., asked Mr. Lamar to permit somo statutes of Mlssisaippt to be read, which | were calculated to produce a condition of involuntary servitude more severe than slavery itself. During a briet colloauy on the subject the Speaker's hammer tell, and the floor was assigned to Mr. Cannon, of Tilitois, a member ofthe Alabama Committee. Mr, Onta asked that as he had interrupica Mr. Lamar, not knowing his time to be so Limited, he be allowed to be oh \- bad Ind rr. COBURN, (Te) of In and oth Insisigd that the debate should go on Feguisre ee ne abpealed to the Honse to ur. Dawe » Fey.) of Mas } im support of the bill, replyin | compromise between religion and infidelity hear Mr. Lamar, saying tnat if there was anything tack. ing in the debate it was the views of those gentemen who represented that part of the nation most to effected by the fegisiation. {f anything could best a! the House in its dediderations it was the opimion of the [atelugent, pairs tic and Honest represeutatives of the cause 2 Soutl for one he de: a ed thatthe gentleman from | you will have a 5 a? ke the freed: of the ballot so secu shall not be voumidated: let free speech reign tat oe be unknown ; renew your allegiance to the gover and xtend orthern ¢ word, generous welcome to Northern Ly a 1n good faith, ace that will reign supreme. Do'thi Mississippi be heard. and your ba: ren Seid will stir will new Ife: our desoe Mr. Buy" , rep.) of Mass. would assent to tbat if any {aie streets will echo with the hum of returning ind assurance was given that that gent.eman bad taken no | try; your spacious harbors witl choke with the tide of partin the recent fiiou Mr. Dawes said he thought the need of in’ from the fact that the who had least todo with the South and jess from those who represented that section. That had been true ot Congressional legislation it that regard, and_ he, thei fore. desired to hear irom those who could fiscuss the question more trom Knowledge than trom theory. . SMITH, rep.) of N. ¥., complimented Mr. Lamar for ‘the magnanimous sentiments expressed by him, and ring. kK D0 part in it, but that igent legislation here came pepee there would be no objection to his having @ hear- ng. 4 LITTLE SCENE. (rep.) of Ind.—Phere is another gentie- here from Miasissippi (re:erring to Mr. Barry), who carrying his arm ina sling because of his patriotic sentiments, and he is asking to be heard. beard tO id there any objection to his being enr' dr. Suanxs—Waly a moment. I want both of these sippi to be heard. I stood for the Luion against it. Iam not talking to you. acriotic gentiemen trom Mf{ssis- Mt those to be heard who have well as those who have stood use heard more from those | picious i it | congratulations were extended to | } ir. Dawas—I think it is @ good deal better to hear | both than to hear veither of them. Mr. CosuRN—An appeal m. gentieman from emcasy who engaged in filibuster- ing against the bill. if he d: id notengage in it he can say 80,10 House now. ir, Lamak—Allow me to say a word. Mr. Cosury—i will whether or dot you en; a in Alibustering—ves or no. If the gentleman wiil answer the question | will yield the time to him. The Sreakex—What control of the time has the gen- le on behalf of the tleman trom indiana that he can yield at? Mr. Coscas—I supposed I had the floor. The Speake tleman from Ilinois (Me Cannon) has the fluor, Mr. Cosuax—I had the floor by unanimous consent. ‘The Sreakgr—sut the gentletban from Indiana stated that If the gentleman from Mississipoi would a er & question he woul! give nim the floor. The Chair did Mot see exactly how. Laughter.) Mr. Cosvan—I offered to yield to the gentleman to answer the question, The Sreaxkx—But the Chair does not eee how the gen. tleman could do even that nois, and no other gentleman, is entitied to the floor under the rules. Mr. Conunn—I had the floor SEVERAL MempeRs—No, sir, {rie ot “Regular order,"*) re unanimous consent, deny it, ‘ANNON, Of lilinois, then proceeded with his speech to the remarks ot Mr. Hawley, of Connecticut and Mr. Willard, of Michigan, last night. He ridiculed the compromise sentiments of the iatter, and reminded him tat there could be no ‘or between lawlessness and obedience to law. there would be no need of an olive branch. He was not wiiling to accept any compromise made at the expense and destruction of the rights of either bluck or white. BUTLER RISKS HIS LIVE, Mr. Buri, (rep.) of Maes., defended the constitution- ality of the bill, and discussed the legal bearing of the suspension of the writ of habeas corpus, and in conclu- oN sald :—i sat here for twenty hours, at the risk of my life, for the purpose of bringing this bill before the House, deeming it my duty to do so, while mep of che republican mafority Chose ‘to go to their beds and take their ease; and these men now come in and are very anxious that the debate shall be continued. At mianight we lost the opportunity 10 go on avith the bill because we wanted a quorum. And what shall we say ot the repub- leans whowere in their beds, or at cinner, or {roltekl somewhere, while we were éndangering our lives in or- not to be over curious just now. Lobserve that all the courtesy comes trom the zenticmen who were that night + at home sleeping with their wives, while I was here that night. imight be too late to pass it this session. When they hear mM church burned at tie South they must recoguize their responsibiity for it. When they hear the shriek ot murder and see the widowed wife and orphaned chil- dren coming North, teeing trom leaguers and raiders, L trust their slumber Will be as sweet as it was that night when L was sitting here at the risk of my life. When they hereafter mect widows of men murdered at the Pouth — askin, me. Give -them alms’ yourselves and tell them “Tam sorry 1 did not sit up to defend you by a good law. 1 am responsible; you need uot wouble General Uutler; he did sit up, abd has got to pay his physician's bill, while I'nave'none to pay.” (Laughter on the dem: cratic side.) And hereafter, Mr. Speaker, when you meet ia Augusta, Me,, or some other beautiful town of th. and wheo he complains that the law was not the mitority to contro! the House ‘for hours, | and that you are sorry for it. You will be sure to say, at the same ume, forget that duty, fam sure. (Continued laughter on the democratic side.) Gentlemen of the House of Repre- sentatives, the quesuon of the lite and death of hun- If all men, North | Connecticut, who submitted resolutions ot respect to the | and South, would obey the law and the constitution, | | low you to answer the question ; standing there when the point was again mai | The genileman from iili- | de: | ing | table—yeas 132, j to violate the rules of commerce; do this and the whole soutn will spring from her baptism of lod into the fuiness of a new lifes Tedeemea and regenerated forever. All hai! that aus nthusiasticall gppjanded. and many” r, Burrows a3 he ¢.osed his peroration. The last speech made on tne dill was by Mr. White, of Alabama. in support of it, but he had not made much rogress before (he final hour expired, aud the House Fi eech w: hen proceeded to vote on the bill and amendments. The frst amendment voted on was twat offered by Mr, Butler, of Massachusetts, modified at the suggestion of Mr. G. F. Hoar, limiting the . rritory in which the thir- teenth aection is to bP le to the States of Louis- jana, Arkansas, Mississippi and Alabama, and limiting its term to two years, and from thence to the end of the Next session of Congress. ‘The amendment was adopted—1 164, nays 100, A motion to take a recess was deteated. The vote was then taken on Mr, Cannon's amendment to strike out the thirteenth section—the one providing for the suspension o/ the habeas corpus. ‘There was acood deal of excitement over the nd during its progress several members gathe: around the Clerk's desk inquiring after the figures This, being against one of the rules, was objected to, aba the point of order was sustained by tne speaker pro tem, (Mr. Cessna, of Pennsylvania), and the members were Fequested tO retire to their seats. Immediately afer- wari Mr. Borner (Mass.) went to the Clerk's desk. and wee ‘and Mr, Butler asserted that he had as much right to be there ad the Speaker had (who was occupying a seat at the | Clerk's.desk). The Speaker displayed much indignation at this allusion to him, and sald tat he @ right to stand where he chose, while the rules ‘The Chair did not suppose so. The gen- | forbade him (Mr. Butler) to stand at the Clerk's des«. To this Mr. Butler replied. “And they forbid vou too.” The Speaker went on \o say that he had no ned seat on the floor, and that if he chose to leave the chau it was not for him (Mr. Butler) to say where he shoui stand. The gentleman (Mr. Butler) had no right 7 the House in that way, and had no right to interrupt the roll ca Mr, Bortgr replied thathe had not interrupted at body and that he had as much right to remain att as the Speaker. There was good deal of asperity manifested on both: sides, but the cloud passed over, and finally the vote was coucluded and w: nnounced as yeas 121 that the thirteenth section was not struck oul * THE VOTE, . ‘he folowing republicans voted for striking out the thirteenth section :—Messrs. Banning, BuMinton, Bundy, Burchard, Burleigh, Cotton, Crounse, Crucchield, Dawes, Farwe!l, Foster, Garfield, Hale of Maine, Harri- son, Hawley of Connecticut, Kasson, Kellogg, McCrary, McDill of lowa, Perry, Phelps, Engin Pierce. Poland, E. i. Roberts ‘Scudder of sew York, Sener, Schuma> ker, Smith of Virginia, smith of Ohio, Thornburgh, Wheeler, Wil:ard of Vermony Willard of Michigan, and Williams of Michigan—35. Mr. Cannon voted against his own amendment MOTION TO RECONSIDER. Mr. Ranpatt, dem.) of Pa., moved to reconsider the last vote, aud Mr. Cessna, of Pennsylvania, moved to lay that motion on the table, Betore the vote had commenced to be taken Mr. Wits son, of Indiana, called for the reading of the rule which vs that while the vote is being taken “no member or other person shall remain near the Cilerk’s iable.’? When it wag read Mr. Butler, in an undertone, repeated the words, “other persom,”” and added, at Was the fellow 1 was after. Mr. Randall’s notion to reconsider was laid om the nays 12, #8, WOAR'S AMENDMENT. Let me teli those gentlemen that by their con- | order as weil as & motion to reconsider. duct they have staved off action on this bill, so that it | at | State, somé poor refugee Who went down South with | Hat Miss., jus‘ified the application of Governor Ames for | his knapsack on bis back and who has been driven off, | Hoar, Kasson, | ume, “What can I doto relieve you!” You never will | } der to meet this great exigency of the country? (Laugh. ‘The next amendment voted on was that offered by Mr. ter.) (Butier’s allusion being understood as aimed par. | E.R, Hoar, of Massachusetts, to strike out the first, sec- | ticularly at the Speaker and Mr. Dawes! Ahd | ond and fourth sections: but before reaching that vote they are here now, anxious fo FO on and | there were two dilatory moti ‘on which have a long debate, and anxious even for | the yeas and nays were called—ihe Speaker’ their filsbustering {rienas ae the other side, who had | construction of the new rule being that it does anple time ir pare ey had only used up that | not apply simply to a measure asa whole, but to each twenty hours In decaie. That is why [ thought it best | distinct question arising on it, and that during the pendency of each question, such, tor instanc amendment toa vill, a motion to adjourn and a to fix the day to which the House im ion alt adjourn, are in It was calcula- ted by Mr. Kasson ateight o'clock that at this rate the Honse would have six hours longer to sit before reach- ing a conclusion in the bili, and he suggested an agree- ment that an hour shouid be fixed on Monday tor taking the-tinal yote, but objection was made. Mr. B. & Hour’s amendinent was rejected—yeas 126, 125. nays 12 | the sections that were proposed to be struck out, are those that provide against the invasion of a state by for alms, let them not send them to | “twoor more persons,” and that punish registration officers who are State officers for violations ot duty. THK STRIKING OUT YOTK. The republicans who voted for striking out the first, | second and fourth sections were— | Messrs. Banning, Bundy. Burchard, Burleigh, Chitven- | den, Clark of New York, Grounse, Dawes, Eames, Fy ier, Gooch, Hale of Maine, Harris of Massachusel ion, Hawley of Connecticut, £. R. Hoar, ellogg. Lowndes, McDill of Iowa, passed. | Merriam, Phelps, Pierce, Poland, &. H. Roberts, Scudder tell him that parhamentary law required you to allow | of New ‘York, Sener, Smith of New York, Smith of Ohio, Smith of North Carolina, Stannard, stevens of (Laughier.) | Massachusetts Strait, Wheeler, Willard ot Vermont | Willard of Michigan, and Williams of Michigan—38, an all the democrats. ‘The next question in the reguiar order was on the en- | grossment of the bill, and the usual two dilatory mo- | tions were interposed, which occupied another hour be- dreds of men, black and white, the question of peace | yond the ume for taking that vote down to half-past ten. and war, the question of good government and anarchy is, in my juagment, to be decided now, there and here | O'clock. The object of the democrats in keeping up these dila- by our votes, and Jet us have no delay. (Some applause.) | tory motions seems to be to repeat the tactics of Thurs- Mr, WILLLAas, (rep.) of Wis... member of the Select Committe on Mississippt Alfairs, advocated the bill and, in support of his position, read extracts from the testimony taken before tiat committee as to the cruel treatment of colored men at Vicksburg. Mr. O'BRIEN, another ember ot that committee, en- Geavored to get a hearing in response to Mr. Williams, but amid loud calls to order and a continuous hammer: day night—weary out enouzh republicans to leave that. side without a Working quorum, and then on some real question either outvote them or refrain from young. THE THIRD. READING. ‘The vote on ordering the bill to be engrossed and read ‘@ third ume was yeas 139, nays 105, THE FINAL PASSAGE ATTEMPTED, Ateleven o'clock, Mr. Woon, (dem.) ot N. ¥., rose and ing of the Speaker's gavel, no connected ide: of the col- | attempted to submit a proposition to let the vote be Joquy between the two members could be obtained. | the previous question. Mr. Dawxs tried to get an opportunity to address the Honse on the bill, but Mr. CosuRNn insisted on the pre- | vious question and notified Mr. Dawes that the hour | when he (Mr. Coburn) would havo to close the devate | vera) members. | had already been promised to Mr. E. R. Hoar asked Mr, C y > Mr. COBURN, of Indiana, ther, at tWo o'clock, moved | Adjournment Wnul BURN Whether he would | | taken ou the final passage of the bill and then nave an + Monday morning; but members of | ot hisown party drowned his voice in shouts tor the Poguiec rder, | *"Them Mr. Youxa, (dem.) of Ga. made an gqually in- effectual attempt to make himself heard. The House Poi in no humor for a compromise and would not listen. | to one. 5 Mr, Raxpatt, (dem.) of Pa., came in with one of his adnnt an amendment to strike out the first and second | dilatory motions to consider the last vote, which motion sections. | ment pending. Mr. stitute. Mr. Sans, of Indiana, said thatis what ails the coun. | try now tacit we did pase the Amnesty bul, ir. BECK rose to move to suspena the rules and pass a bill which he sent to the Clerk’s desk. ‘The Srkaker, however, decided, after considerable colloquy, that the ayreement vesterday would have been worth nothing it ne were to allow the bill to be miter- | rupted by metions to suspend the rules. He thereiure declined to entertain the motion. Mr. G, P. Hoak, of Massachusetts, offered an amend- ment to Mr. Butie:’s amendment, the effect of which ts to limit the operation of the bill fo the States ot Louts- iana, Arkansas, Mississippi and Alabama. Mr. Burtxit accepted the modification. Mr. Garrigtp said there should be also @ limit as to tine. Mr. Butter—The limit is two years. Mr. Ganrisip—It snould be leas than that. Mr, Samiti, of Virgil, suggested that Massachusetts shguid Also, inciudes ff hé PIBVICUS question Was seconded by 135 to 40, ‘and the main question was ordere.t by yeas 16), nays 105. Mr, Vosury, of Indiana, having ‘an hour to close the debate, yielded five sninutes to Mr. Cox. SPEXCH OF MR. Cox. Mr. Cox, (dem,) of N. Y.. contrasted. Barpcars. bill of general amnesty and tl oft the Force iil, The lessous of history showed that a bill of kind- ness tendea toward contentinent, tranquillity aad pros- perity, while the opposite policy tended toward empbit- lerment, discontent a POwCY ot amueaty was, altogether lethean. "Congress ad given to the South oblivion; ithad givea the south sivep, but it was the sleep of death, and death witnout Te )08e. Mr. O’Brien, dem.) of Md., having had one minute al- lowed him, made a solewnn protest against the bill, char- ac ertzing it usan abomination and as bringing to the South the thumpserew and the rack. They might as Weil revive the hctrors of the reign of Catigula in order | to give an opportaniry to anuwer Nero to fiddle while the counrry was burning. Why not at once erect in the capital a coliss the poor. vievins; contrast to this ‘ball, tates court in the phitheatre where that would be a imercy South would become adventurers would Mr. Cosvrn said he was willing to have that amend- | Dox, of ‘New York, said he would like to offeran | mendment to move @ general amnesty bill asasud- | the destruction of society; the | uuu and iet loose beasts of prey axainst | io Iie idassea every United | 224 Soon after the great fre in 1835. ne entered its an | Office as first clerk. gorge | sion BY | themselves with piunder and blood, and the triends ot | was la{d on the table. | Mr. Beary, of Uhio, suggested that the title of the bill should be made to read, “A Bill for the Election of a President for the Third Term.” The vote was then taken on the passaze of we bill and it was passed— | yeas 135, nays The republicans — voting no were Messrs. Banning, Burchard. Burleigh. Crouse, Crutchtleid, Dawes, Foster, Garfield, Hale of Maine, | Harrison, Hawley ot Connecticut, E. i. Hoar. G. F. Hos Kasson, Kellogg, Lownies, McCrary, Merriam, Phelps, Pierce, Poland, E. H. Roberts, Scudder of New | York, Sener, Schumaker, Sunth of New York, Smith | of Virginia, Smith of North Carolina, Stannard, Siark= Weather, Willard of Vermont, Willard of Michigan and Williains of Michig: o3, and all the democrats. ‘vhe bill is the same ‘aa already published, except j that the thirteenth section, in reference to the sus- pension of the haveas corpus, was amended so as to limit its operation to the States of Louisiana, Aro kansaa, Mississippi and Alabama. and that a fourteenth section was added limiting the time for the thirteenth section to two years after the passage of the Lill and to the end of the then next session of Congress. ‘The Mouse then at midnight adjourned, OBITUARY. ee: DR. WILLIAM BIBBARD. Dr. Wiliiam Hibbard, for many years the Presi- | dent of the Bowery Fire Insurance Company, died on Friday evening at his residence, 67 Seventh | Street. Dr. Hibbard was seventy-nine years of age and was the son of the Rev. B. Hivpard, a well known Methodist clergyman. He passed his boyhood in Canaan, Columbia county, | and was educated asa physician in this ety, where he practised for a number of years, At the organization of the Bowery Fire Insurance Vompany, in 1833, he became one of tue directors, He next became secretary, and then president of the company, taking the Dureli would enact the role of the iniamous Jefiries. | latter position about twenty-seven years ago, and It this bill were passed civil government would be throt- | ued where for nearty a centary it has found its noblest | exemplification, an@ i its stead a despotsin would be established. The government would be rendered mfa- lie, Mr. Nowy, (rep.) of Tenn., advocated the law as neces- sary to the protection of hife in the Southern States, and were immodiateiy cuntroverted by his colleague, Mr. atkins). Mr. TREMAIN, (rop.) of N. Y., made a detence of the bill in its egal and constitutional aspects, and advocated it asa proper and necessary measure.’ As to the suspen- sion of the habeus corpus, he would assent to its terri- torial limitation and also'to its hinitation as to time. If ihey could not have strong meat they would have to take miik. ‘They could not shut their eyes and ears to the testimony coming up from investivating committees, | Itseemed to him that the country was drifting to & second rebellion, and the question was whether Con- gress should loy il8 powers or should resort to bayonets war. He could not understand the concentrated destruction of human life at the South, He could not understand the organization of White Leagues there, organized banuitt: seeking to ob- tain political power by force, vioieuce aud fraud. re was willing to take allthe odium and ali the responsi- Dility of the declaration which he made here, and avow toat while he was no alarmist. while he wished thatthe | state of things which now exists did not exist, the re- publican party would be faise to itselt it it didnot seek to secure the iruits won by such sacrifices of blood and treasure. [1 he had the chance he should vote against the resolutions reported regard to Arkansus and showld yove tor the declaration that Joseph Brooks was eiected Governor; that the constin ‘on of 1868 had never deen abrogated and that the pres: at constitufion Wasa fraud and delusion. He would | also vote, it be had a chance, for the resolution re- ported by the Loulst ma comimittee, that Governor Kel- logg Was the Governor de facto of that State and that the arins of his government should be upheld and sustained let the consequences be what they might. Jf that w. treason, tet he most be made ot it. He would meet the consequences here or elsewhere. Mr. Finck, dem.) of Ohio, argued that the power to suspend the privilege of the writ of habeas corpus was junived and restricted to cages of rebelliom or invasion and was then not to be exercised unless the public safety require it. He insisted that neither rebellion nor inva- sion existed; that the country Was in a state of peace and the process of the courts unobstructed in all the states. He argued that it was the duty of Congrese to endeavor to heal the wounds of the war and to so legis. late as to restore contidenee and kindly feelings among the people of all the Staies, Mr. Burrowes, (rep.), of Mich., t.ade an eloquent ap- Deal tor the ps eo! the bil. Reterring to the speech of his co'league (Mr. Willard), last might he satd he did Not believe that that speech reflected the sentiment of the State of Michy He spoke of the crimes that nad characterized the decade, which had been repre- sented as that of Southern repentance and Southern loyaity. If the nistory of the South tor these ten years could) be written ‘in all its horrible details, it would present one of the blackest pages in the annais of the civilized world. In conclusion he | sald:—"Men of the South, there is road to peace, and there is but one road. ILis the peace- ful solution of all our dimiculties. Whether you pursue 1t or fot is & matter of your own free choice. itis” highway on which, if you do but walk, you will have speedy and enduring peace and um yi rosperity. Men of ait peaties even my corer § ir. Willard), can commend it, for it is obstructed by no constitational doubts, bul is paved with the ‘federal compact. It is this:—Strip she hideous masks from your outlaw Ku Kiax; disband your White Leagues; visit switt and condign punisnment on your unarrested and ‘untried teloos force State and te laws with a tirm hand, give to human life secarity and to property rotection Fecogitize the @ ality of All men before the and their right to the fullest guardianship; put out the firesot your buraing churches and schovihouses: e any Necessivy tox it to assume jurisdiction | mous, the ‘constitution would be tramplo1 under toot | house. aud the national banner would be made au cmb.azoned | which’ clothed | recited varions acts of violence in his own State (which | holding it until the frst of this month, During | the last few years he had gradually became en- | feebled, and lately had been confined to nis Dr. Hibbard was @ well Known citizen and highly respected. He survived his wife, but leaves @ son and a daughter, the latter being the widow of General Hayes, United States Army, whose death occurred a lew weeks ago. The june- | ralof Dr. Hibbard will take place at St. Paul's Methodist church, Fourth avenue and Twenty- | third street, at noon on Monday. The body wi be taken to Yonkers tor interment, BROWNLEY BENSEL, Mr. Brownley Bensel, a retired merchant of this city, living at 155th street and St. Nichol enue, fell dead yesterday afternoon in the office of Mr. E. Delafield Smith. About one o'clock Mr. Bensel called at the Corporation Counsel’s office on busi- ness connected with certain claims agatost the city, and, while talking with Mr. Titball, he sud- denly fell from his chair. Dropping on his face he | gave @ few gusps and died. Everything was done to resuscitate him, and Dr, Smith, of the Park Hospital was imme- diateiy sent for. The Doctor pronounced death to have been instantaneous, and stated that elther disease of the heart or Bright's disease of the kidl- neys was the cause. Coroner Eickhoff was sum- moned, who viewed the body, and gave directions for it to be taken to an undertaker’s, where an tn- quest will be heid. Mr. Ben: Was avout tuirty- nine years of age, and leaves a wite and several children, He was formerly a flour merchant, doing business in Front street, but had retired for several years previous to his death, He was @ son Oo! James B. Beugel, who many y ago Was a prominent politician in this city. The deceased was connected with many New York famiues of prominence, and was married to a relative of Mr. Williams, of the Williams & Guion line of transatlantic steamers, JAMES MURPHY, THE ‘IRISH GIANT. James Murphy, Jr., aged thirty-three years, the Irish Giant, died in Baltimore, on the 26th inst., of bronchial affection, Murphy travelled during several years with a show and was weil known in the United States, He was about eignt feet high and weighed 350 pounds. The “Giant” @ great attraction when on exhibition, par- Menard to the young folk visitors, He was very agrecable to chudren and hamored them in their wondering curiosity. He would frequently take tiny gazer in his hauds, and, lilting tne little high Gp in the air, Would imprint a kiss on its lips. HO®. JOSIAR L. HALRB, Hon. Josiah L. Hale, prominently known In in. surance circles in Boston and New York, died at Newburyport, Mass., during the aye Friay, the 26th inst. or shoal ja wae widely kno’