Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1866-02-28

| L
this floor answer, yes, that when all resistance tC
to eeed IS endsd IN and
to resume their position in the Union, and send Sen
at0rs and Representatives here who are willing tC
| take the oath to support the Constitution of the
United States, and no other, then Congress has nc
| right to deny them admission.
:. Mr.. ITumbul-That is not the question. repeat
1 lodges.
Mr.. Trumbul-I ask that if in the time of the re-
belon the State of Tennessee, being in full accord
ance with the rebel government, bad sent delegates
here, should we have admitted them?
| Mr.. Dixon-Nr. President the Senator from Illi-
| nois uses the word dodging. l ready to answer
his question: but he distinctly stated he did desire
\ an answer
Mr. Trumbull-I did not apply the term to the Sen
ator from Kentucky or to the Senator from Delaware
| L used the word in offensive sense.
| Mr. Salisbury said that if representatives had
peen sent at that time, he would not have admitted
them but, denying as he did the right of secession
ana never recognizing the right of State to go out
When the wings of peace spread the land,
ne would admit the regularly chosen representa-
uVes. He did not know the term loyal as so often
| used here. lie did not know what it meant.
Mr. 1rumbull continued in his argument, but gave
way A. to s,u,shnrv nbo o-.,.,.o, 49,. ,, -,
ne dld not Know the term loyal. he meant that he
dld not know It in the sense SO often used on this
hooE AS citizen, he understood it to be obedience
NJ Nj IEumbuli then concluded his remarks
Mr. plxon SAID the Senator from Illinois had such
things about those who disagreed with him, that he
was fearful that If the remarks of the Senator went
out uncontradcted. he (Mr d. feared he would not
be able to stand before his constituents. He had
never spoken OF physical force power until the
Senator himself had used the word.
| The Senate then adjourned.
HOUSE OF REPRESENTATIVES,
| COURT FEES.
Mr.. O'Nei, Of Pa, on leave introduced a supple
nent TO an act to regulate the fees and costs to be al
lowed clerks, marshals and attorneys of the circuit
court and district courts of the United States and
for other purposes, approved February 90 1853. Re-
lerred TO the Judiciary Committee and ordered to be
printed
CONSTITUTIONAL AMENDMENT.
Inc House then resumed the consideration of the
following proposed constitutional amendment: Ar
hcle-. The Congress shall have power to make all
laws which shall be necessary and proper
ties OF citizens in the several States and ali per-
sons in the several States equal protection in the
| rights of life, liberty and property."
Mr.. Hig by. of California, being entitled to the floor
addressed the House. and said that he differed with
| many members of this House and others high in
authority regarding amendments to the Constitution.
| he did not believe in making amendments to that
| instrument hich would create division in the
public mind but any amendment which improved
| and strengthened this Government met with his
| hearty concurrence. The pending amendment sim
ply proposed to give life and vitality to portion of
the Constitution to which it was doubtless intended
| been ignored.
This amendment in separate portions might be
found in the present Constitution, but if the pending
/ amendment becomes part of the Constitution, it
will condense these portions Of that instrument to
which he had alluded, and prove beneficial and OPP
erative Article of the present Constitution, which
deared that the citizens of the several States shall
be entitled to the same inmunties and privileges
| had been forever negativcd, but this amendment
would give that article force and effect Ii looked
upon the Joint Committee of Fifteen as merely the
serylle workmen of Congress and had power of
| legislation. Its only power to procure informa-
ton and present it to the Senate and to this House.
He insisted that State could destroy its internal
ganizaon whether for State legislative purposes or
for representation in Congress He thought that the
entire work of restoration belonged with Congress
| and not with the Executive.
Mr.. Randall, of Pennsylvania, opposed the pend
ing amendment, and stated that his principal Obec-
ton to proposing amendments to the Constitution
now was, that those States which these amendments
also affected, were not represented here. 1t was
well known that part of these unrepresented States
would have to take part in the ratification by their
Legislatures OF every Constitutional Amendment No
one could gansay that for twentyseven States were
Court had decided that the States Werein tbe n;an
the present Executive following his predecessor had
declared the same, and the Secretary Of State had
recently announced that these Southern States had
participated In the ratification of Constitutional
Amendment.
| Mir. K. said he only demanded that loyal men.
representing loyal constituencies, and willing to take
what called the iron-clad oath, should be ad-
mitted to this floor. Although Democrat, he would
| act with any man, Republican or Democrat, who
would advocate that course He stood by Andrew
johnson because his policy of restoration met his
own views as well as those of majority of the peo-
pie. The only issue now was the admission of loyal
| men to Congress. This body had been three long
months discovering if the Constitution of Tennessee
republican in form, while it could be read in
| day. He declared that that party which opposed
| the admission of loyal men-on that sole issue
| would not have corpOrals guard In conclusion he
urged the postp0nemen of all amendments until all
of the States were here under one roof.
Mr.. Kelly, of Pennsylvania. did not think that the
pending amendment was absolutely needed, for he
believed its powers already contained in article
9Th of the present Constitution. He read from the
Ggoa'eS % q sne of tbi 70 snow
clause alluded to, and the referring to the cleo
tions and qualifications of members. He alluded to
the States of Arkansas and Tennessee the Andrew
johnson reconstructed States, During his remarks,
| Mr. Chanler, of New York. asked if the gentleman
recognized the President of the United States as
| representative of the people,
| Mr.. Kelly replied that he did not recognize the
President representative with voice in legisla-
ton. He has right to dictate to representatives
of the people. In concluding he said that he wanted
the people to go to the fountain of political wisdom
If they expected to preserve the Union they must
have secured in the Constitution (what he claimed
was already there) the amendment before the house.
In the course OF his concluding remarks Mr.. R. al
lnded to the speech OF the gentleman from New Jer-
sey (Mr. Rogers made yesterday, had characterized
him as the new leader Of the administration party
| Mr. Hale, of New York, said that he should op-
pose the amendment. 1t proposed to bring about a
radical change in the theory of the government and
| to make wider departure from its fundamental
principles than anything that had been offered since
| our fathers made it.
| He maintained that it proposed to overthrow all
State legislation relating to the citizens of State
either in its criminal or civil code. Even if it did
| not go so far as had been claimed it waS opened to
the objection that it certainly gave the Federal Gov
ernment the ght to me Idle in State affairs exclu-
svely egslated by the States 1t proposed to de-
prive the States of the right of regulating their do
mestic institutions In their own way. He cited the
case of the laws relating to married women in the
incorporated in the Constitution it would compel
the States to such persons equal protection
| in liberty and property. He contended that the
American people had not yet found that their State
| governments were unable to protect the liberty of
their citizens.
II the author of this amendment (Mr. Bingham
| would invite him 10 New York Now, Of eli times,
abahEs a n ns last %he S he so %oT TSe
antee to the humblest citizen his rights to liberty he
could not forget the rights Of the States The doc
trine of State rights if pushed TO extreme would
generate evi put while the heresy of secession had
been queiled, he implored this house not to inau-
| gurate another heresy equally dangerous, He did
not think that the calm, diSpassOnate state in which
such grave subjects should be discussed now existed
Mr.. Rice, of Iowa. briefly sustained the peAding
amendment, and declared that there necessity at
this time to to the citizens of each State the
same protection to life, liberty and property He did
not regfd this guaranty in the present Constitu
tion and favored the new amendment to put it there
The consideration of the amendment was then post
poned until tomorrow, with an understanding that
avote Is 70 be taken atef speech by Mr.. Davis of
| New York,
| . RESOLUTIONS OF INQUIRY
| On motion of MIR. Woodbridge, of Vermont, reso-
information in his possession relative to the dstribu-
tlon OF the rewards offered fOr the capture of the
| conspirators in April last.
| On motion of Mr. Smith. of KY, a resolution was
adopted calling on the President for any information
in his possession regarding the term of Office of Juarez
| as President OF the Republic of Mexico.
| CANADIAN RECIPROCITY.
Mr.. Morrill,, of Vermont, from the Committee on
Ways and Means reported bill to establish reci-
procal trade with Canada and the British ProvnCss
This bill is in effect partial restoration OF the re-
ciprocity treaty which expires March 1t also re-
! peals the +3hipE DOuntiesl 1t was ordered to be
FRENCH TROOPS IN MEXICO,