Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1866-02-03
&c. dc. Hc.
&c.
dc.
SENATE


GUARANTEEING REPU UBLICAN FORM OF GOVERNMENT.
Mr.. Sumner offered the following, which, at his
suggestion, was laid on the table, and ordered to be
"A joint resolution for carrying out the guarantees
OF republican form of government IN the Constltu-
tutional amendment for the prohibition of slavery
Whereas, 1t is provided in the Constitution, that
the United States shall guarantee to every State in
the Union republican form OF government; and
Whereas, by reason of the failure of certain States
to maintain governments which Congress can recOg-
nlze 1t has become the duty of the United States,
standing IN the place OF guarantor where the prnci-
pal has made lapse to secure to such State accord
ing to the requirements Of the guarantee, govern
ment republican in form; and
Whereas, further. it is provided in a recent Consti-
tutional amendment, that Congress may enforce"
che prohibition OF slavery by appropriate legsla-
ttOn and it is important to this end that ar relics
ofsavery should be removed including all diatinc-
ton of rights account of color now therefore, to
out the guarantee of republican form OF gov
eminent, and to enforce the prohibition Of slavery;
seafatires de- That in all States lately declared to
be in rebellion, there shall be no oigarchy aris-
tocracy, caste or monopoly, invested with peculiar
of rights civil or political, account of color or
race. but all persons shall be equal before the law.
whether in the court room, or at the ballot box.
and, This statute made in pursuance of the Con-
stituon, shall be the supreme law Of the land any
thing in the Constitution or laws of any such State to
uthe contrary notwithstanding.
Mr. Summer gave notice Of his intention when the
Constitutional amendment just passed by the House
should come up to move this as a concurrent propO-
sGion.
EXHIBITION OF MINERALS.
On motion Of Mr.. Nye. joint resolution was
a3opyed, providing for the exhibition of specimens
OF gold and silver and other minerals Of the United
States, to take place in the Patent office.
SALE OF POSTAGE STAMPS ON CREDIT.
On motion OF Mr. Dixon, the bIl to authorize the
sale Of postage stamps on credit was taken up, aud
alter remarks by MesSrS. Dixon, Sumner. Nye and
Wilson, it was passed as amended.
,r PR9TEcTIoN OF CITIZENS
The unfinished business of yesterday then came
up, being the bill to protect all persons in the United
States in their civil rights. and furnish the means of
their vindicaton.'
Mr.. Davis was entitled to the foor and concluded
the argument commenced by him yesterday.
Mr.. Trumhull replied to Mr.. Davis. The Senator
said they were all dumb in the presence Of military
power When he succeeded in satisfying the Senate
that he was dumb, he might convince them of his
bill was Just as much in favor Of the white as
the black 1t did not interfere with political rights
but was simply to guarantee civil rights to all per-
tional obligations, no military force whatever would
be invoked or would be necessary. In his opinion
birth entitled man to citizenship; but to render it
fact beyond dispute, this bill had been prepared.
Mr. Guthrie, of Kentucky, in brief speech, re-
marked that lie was unable TO see the benefit Of this
bill, as the war was over and slavery abolished.
MIR. Hendricks, Of Indiana, spoke against the
measure Ih9 sting Of the bill was in its bat. which
provided for the use Of military force. He hoped it
would not pass.
Mr.. Lane. of Indiana made few remarks in favor
of the bill.
Mr.. Cowan, of Pa, entered his solemn protest
against the position taken by Mr.. Lane, remarking
that he MIR. c. could never consent that military
He held that under the Constitution of the United
States no power was given Congress, the President
or any department of the Government, to repeal
State legislation, which confined to the relations
of citizens Of such State.
Mr. McDoqgal followed, IN opposition to the bill
Mr.; Irumbuil again replied to the objections
urged against the measure If every one was like
the Senator from Kentucky (Mr. Guthrie there
would be no necessity for the passage of such law
but unfortunately that was not the case.
NJ salisbury unsuccessfully, moved to adjourn:
Mr.. Hendricks moved to strike out the last section
OF the bill, which lost by vote of 81 to u.
, MIR. Salisbury moved to amend by providing that
there shall be no discrimination in civil rights,
cept the right of voting.
Mr.. TrumJull said that voting was not a civil but
political right ana he did not wish that question
Mr.. salisbury contended that voting was a civil
right and II they did not mean to include that, he
wanted them to say So. He demanded the yeas and
nays on his amendment
The call being sustained the vote resulted as fol-
lows:
:, Ayes-Mcssrs. Cowan, Davis, Hendricks. Nesmith,
Riddle, salisbury and StocktOn-7.
Nays-Messrs. Anthony, Brown. Buckalew. Chand-
ler Clark ConneSs, Cragn Dixon, DOolitte, Fes-
senden Foot, Foster Grimes, Guthrie, Harris, Hen
dersOn, Howard, HOwe, kirkwOod, Lane of Kansas
Lane Of Indiana, McDougall, Morgan, Morrell, Nor
sprague Stewart, sumner, Trumbuii, Van Wnke'
Wade, Wiley, Williams, Wilson and Yates-39.
30 the amendment was rejected.
Mr.. Norton moved to amend by striking out that
part OF the 1th section. authorizing the recovery Of
damages from persons assisting in the escape of those
against whom warrants may be issued.
The amendment was adopted.
The bill having been read third time, was passed
Ayes-Messrs. Anthony. Brown. Chandler, Clark,
Conness, Cragn, Dixon, Fessenden, Foot. Foster,
Grimes, Harris, Henderson, Howard, Howe, Kirk
wood. Lane of Indiana. Lane of Kansas Morgan,
Morrill,. Nye. Poland, Pomeroy, Ramsey, Sherman.
Sprague, Stewart, Sumner, Trumbull, Wade, Wiley,
Williams, Wilson, and Yates-33.
Nays-Messrs, Buckalew, Cowan. Davis, Guthrie.
Hendricks, McDougall. Nesmith, Norton, Riddle
salisbury, Stockton, and Y an Winkle-l2.
Mr.. Morrill, stated that the Senator from Maryland
(Mr Johnson), had been compelled to leave the city,
and requested him to state, that had he been present
he should have voted in the negative.
On motion Of Mr. Foot, at $50 P. NJ the Senate ad-
The bill as passed is as follows:
The trst section declares all persons born in the
United States and not subject to foreign power with
the exception of Indians not taxed, to be citizens
irrespective of color and that there shall be no dis
elimination in civil rights, that all shall have the
same power to make and enforce contracts hold and
inherit real and personal property and be sued
entitled to full and equal benefit Of all laws and be
subject to like penalties.
exceeding 600 and Imprisonment not exceeding
year, OF any person, who under cover of any State
"a" VI otlnHuce, sha SUBJECT any nnaoltaht OF any
State or Territory to different punishment. or deprl-
walton OF any right secured by this act account of
such person ever having been held in involuntary
sefylude, than is prescribed for the punishment Of
white persons.
Section Sd provides that the District Courts of the
courts, cognzance of all crimes and offences commit
ted against the provisions of this act and concurrent
ly with the United States Circuit Courts. of all civil
MED III the courts OF the State, where they may
side, any of the rights secured to them by the first
section of this act and gives the right for the defend
ant in any where suits have been commenced in
State courts against any for acts done BY author
ly of this act Of the enarging the powers Of
the Freedmen'S Bureau to remove the same to the
proper District Circuit Court. The jurisdiction in
such trials to be in accordance with the laws of the
United States, and when such are not adopted the
common law Of the State where the court is held. so
lar the is not inconsistent with the ConStitu
tiOn and laws of the United States
Section provides that the district attorneys mar
shals and commissioners of United States courts
shall institute proceedings at the national expense
against all persons violating provisions of this act
and to afford speedy and convenient means for such
arrests and examination of persons charged with
violating this act; increase in the number of
missoners Is authorized.
Section gives the commissioners concurrent
jurisdiction with the Judges of the United States
Circuit and District Courts, and the superior of
the Territories and shall have power to issue war
rants for the arrest of all offenders against the pro-
admit to bail, or commit for trial, the facts may
warrant.
Section provides for the punishment of all mar
shals and their deputies who shall refuse neglect
to execute such warrants by fine of $1,000, to go to
the person upon whom the accused is alleged to have
committed the offence. The Commissioners are fur
ther authorized to appoint persons from time to time
to execute these warrants, who shzlfhave power to
to their aid the bystanders or posse comita
tus Of the proper county such portion of the land