The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-04-06


that act only provided for punishment of violation OF
international law and he would ask was right secured
by the constitution less sacred than one secured oy inter
national aw2 He claimed that the act was complete
precedent for the second section OF the bill under con
sdcTation.
M JOHNSON said he was rather surprised that gentle
clear headed the Senator should have fallen into
supposing that there any inconsistency
In the speech referred TO and the position just assumed
by him He certainly did hold that all persons born here
wefe citizens OF the United States; but this did not
enttle them To the privileges OF citizenship In the state
In which they were born over the question OF state
citizenship the States held complete sovereignty, and II
wa the power OF Congress TO confer the right or
state citizenship ctsens OF the United States. This
biz assumed such right
Mr. .rra lrep) or H. said that under the slavery
ansndurent he entertained the opinion that freedmen
were entitled to the same rights and privileges as any
other citizens OF the United States The authorities
quoted by the Senator from Maryland only held before
the adoption Of the slavery amendment. The Senator
from Maryland had offered an amendment to the Freed
mons Bureau bill, which recognized his (Mr fatcs)
position the correct
Mr. TpUxBuu said the speech OF the Senator rom
which he had Just read delivered ON this very bill
Tha Senator with thirty others had voted for amend
mcnt declaring all persons citizens excepting Indians not
taxed but In his speech the Senator went further than
thia Further extracts were then read by Mr. Trumbu
Mr. CowAS rep OF Pa, said 1t was we'll known to
member OF the senate that there gentlemen who
desire vote against this BILL but who in delicate
state OF health, aud common humanity requires that
hour should be set apart at which those gentlemen
can be present and cast their votes understand the
chairman Of the committee expresses his intention OF
pressing a vote to night. do not wish make any
factious opposition and therefore ask the gentlemen
the other side 20 state some hour whom the vote
may be taken. will move to take vote at I'VE
o'clock
Mr. TRU,muII said he was ready 20 take vote now.
Re had heard OF such motion being made before
Mr. CowAN said he was not all Obliged 10 the Sena
tor He tells us that he IL ready 10 take vote now.
We not and II the majority do not intend TO act In
such spirit rs the civilization OF the age demands we
can debate II until we arc ready shall insist upon
Mr. McDouGArL, DEM OF Cal, said he did no, think
IL order He did not think proper TO establish
rule he might rse In hs seat and debate the h and
violate courtesy did the Senator from Massachusetts,
mr. summer some days ago He had intended TO mako
some remarks this bill He would suggest that, for
the sake OF humanity its further consideration DO post
poned until tomorrow with the understanding that a
vote be taken at four O'Clock.
Mr. CowAS said ~ seemed that no arrangement coli
be made he proposed to say Few words He looked
upon the question az purely legal one This bill was
very dangerous one But II could not ehect All the pnf
noses which ne friends desired The rights conferred
BY the section OF the bill without reservation or
restriction n does not confer rights ~ upon white c
gems but cnnfcrs them absolutely They have the right
" mako and enforce contracts In some OF the States
married woman has not the night 20 make contract
and in all OF them her right - limited Now, ask Sen
aors who have tho Il States whether they wish 70
put It in tho power OF district courts 10 got aside All state
laws in regard TO contracts This bl coners upon married
women Upon minors, upon idiots upon iuns'ics upon
any one born here, the right 20 make contracts and
there Is no power IN the state courts 20 prohibit H. The
power granted absolute Now, in many Of the States
eeriain contracts are prohb ted-sOine for of
policy for ~ morality, and Tor drerent
reasons In my State tPennsylvanlal contract made
on the Sabbath day s not valid but this bill steps IN
and onforces H. Now M President, wish 10 Show the
manner which bills drawn up aud rushed through
here. II X enough j. the nineteenth century 70 mako
o freInbe FOR tho fate Of constitutional govern men
much fear thai United States Judge, ac,nated by
svarce partv rssln; other motives may draw IN ana
onoDOza al the business OF the State courts Who ever
heard1 citizens OF The stairs going into Tho United
Courts wore open to them? n have controversy with
nv friend fum Maryland Mr. Johnsonl do no, 60 into
United states CONT, Int take him per hac rlet into
the OF Pennsylvania The great powoz conferred
by sho bin graphically dt.crbed ~ MT e. II
tended TO Capitalization, and would inevitably prodace
conflict between State and national governments No
one could tell where II would stop IL, No one douie
himself that Ia revolutionary times would stop at an,
limit II this intended ~ remedy for the wrong'
Of tho ernancipsted African II remedy at ALL ant
n hold up 20 the world AS such was dolusion and
snare They we're 70 70 10 he s,a'e courts ana tne,
courts We all know that these poor African,
are not likely 70 have any cases over the
value ~ nfty hundred dolars and By the time
they got through with litigation aud lawyers fees how
much Of Il will be eftY Some say "But the Judge Who
donies him his ngh@ wi DO INFLICTED AMI fannhed
Doea that DO the African any good Mr President such
law cannot be enforced " ~ not Fuitnd 20 our ma
ohnery ~ government Who ever heard Of punishing
state fudge fOr deciding against The cOnsttuuouty n
i az ne United -taesf In the free blaze ~ the nine
teen,t century u proposed 10 substitute an indictment
for 81 Mr President the statutory amend
ruent nust be Of most potent character when II ee
Yates a negro 10 the position az an Ambassador
extraOrdinar from Great Britain from all the Rus
sins 4 have other word Tor tbs bill than
atrocity n II an Arocty. and 80 Will be siigmaiked
and handed down 10 tho last generation " we pass
H. A. " the power 10 pas tho bin, nothing that
las been sad here worthy q ths least attention from
sny raBe man There certainly nothing 10 tho old
consultation N warrant H. IL was claimed that The
power came from the amendment abolishinz slavery
and vet under H. a. lcgisiaie for all the free
negroes and tnulsitOes There wcfe nearly half mil
lion free negroes NJ the time that amendment wV
adopted and, under an amendment abolishlnz saycry
IL attempted 20 legssie for this inmenae number
OF people This OF isef must be sufficient objection
70 the ltonAliy ~ tho measure " thoro were no
other Mr. President, have another objection 20 tbs
bin ILedablishe8 the one % pablo prosecutors who
are 10 be appointed BY tho President aud paid oHi
of the people. money fef a"ins Ilc.
He y 20 nearly Allied Ia thief that h u frculi 10 DIS
tinrush between them There 70 srarcey Az attorney
spy sud inforinef in doing lusnoss Tor hlmseL NJ
Prex,dout the Senator from Illinois charged the Prca
dent With ncousenclss and read from former speeches
% the Executive. IL - we'll NJ President. ~ knos
that 20 sEclte laDghi0r not The dopth 81 No
one argument ia the ha been answered There
stands calm, cool and collected, ana vii remain IN
pnswsrhe,
Mr. srrwAar 4 frep of Nevada rad he had voted ~
this bIl and ne intended ~ 40 ~ again
W HrspHcxS ldem.l OF Iud., moved y postpone h'
forher consideration o. the oil Until ~ morrow.
Nj GrrHsD, dem Of X srp"@ca " us mafn@
x, isrxuri said hsd already been proposed 10 take
. vote al Eve O'Clock.
Mr. GUTifnfE sid v Wa tnfosahh ~ ~, we feu'emcf
br-r they Rad expected
Mr. Tprwrrtr asked wha, guarantee there WA that
another TO pOusfneut would MT h. ssksi " fnoffnN
Mr. HsyDncx. and Mr. GcD1s said there would d
no further delay a.krs
VI T-rvprIf aid ~ had objection
Hr Warr, ffrp % ohio. 0pr0sed any pfrtf0nemf ~
n this VA an Ordinary queston he soah have 10 %
~cton n wa a matter " tho authority ~ C0ngf"Ni
Tic President md right 20 veto their acts sud -
rlavng the part ~ dicttfnr - Tar frvri ~ ~ ~
any reason beeanae rnenlrr- were sirk who desired
uphold the desrac assumptions ~ ihe President, that
pog'poreneut should b. agreed 70, ~ iNr Maiel go
Tor taking every NJ sntsss yhfh thr Almighty isd ~
into Their hands TIE President hai PICKED this guarff
with Congress and FOR TIE sole rsas1n that he rnute
the rebels bs hsek bore oocupying thef od pa'-
he fur Wadel did not opyn-e TINS usurpaion aph tas
evrry Advantage ~hich The Almighty 0nsfff ~ goui
h. s0outef by tbe people whD@s representative ~ va
He wiling 10 ait here all sht ana Az to-tnDfrsw
neceHa1rr
W. vcnouaa1 said ins senator va very ford
taxing al0ui hM Col sud appalling 81 him We a. ke
wn0 and Nhat ras HE CJl, IN 10 "a RHaAn M no
ogy there wcrs too gDis; ono u 1--we and healiy a.
Sns q darknesa TIE dego'eeH n ne gci Z
fsrsness would No, plant trvs Az
wei and thH 80 te' onef "a " me
God rhh the 500 Of NE SENATOR from Ohio ~
Nat. Na L. a