New-York daily tribune., 1866-02-14

precedents OF Congress that TO this hour they have
all been recognized as States None of them are de-
unct Heretofore gentlemen have been invited 10 the
privilege OF the floor by solemn Of the House This
was the case With those from Louisiana and Arkansas
during the former Congress, while others had been
similarly admitted until their were decided He
proud TO say. and it would be source Of grstif
cation in the future that be could rise in his place and
declare fundamental principle tast State bad
become deflnct by the Rebellion. and this 10 the con-
elusion 10 which the gentleman from Pennsylvania
himself would come If lie should live few yeers Ion
ger. Now that the war is over IL il monstrous idea
that wherever you find white man In the South Jon
find an enemy and wherever you ind black man yoa
find friend of the Government. IL was SANDER on
loyal men, and he threw back the charge Ia Indignation
and contempt
Mr.. KAssoy Qowa) said that as be intended 10 vote
give the privilege the gentleman from Arkansaf,
he would state the reasons which controlled him. As
long they kept such loyal mon at arms length they
would be unable TO hear both sides Of the question It
was necessary they should confer with those gentlemen
50 ascertain all the facts accessibe then be would
be at liberty 10 vote for oI against the admission of
members. When man IKE Go. johnson % car came mere;
all with the blood Of Rebes-he should regret their
being turned away unclean, and not even permitted
to show their faces here 1t would be an outrage on
the popular Of justice OF the country against
which the House could not support ITSELF A.ds a9s-
parte' proper rule OF action and therefore:
he was unwilling to decide on case In which ne haa
not heard both sides. As IA Judge on the bench, be
would not give decision sr pdrte testimony; nor
should the House. The question had been lost sight of
to whether the power vacated by the Rebel govern
meDt reverts TO the General Government falls into
the hands Of the people in allegiance He held that the
power Of reorganization lapses TO the loyal citizens
there is ouly one in one hundred Others main
tain that the power lapses to the General
but without precedents TO sustain them.
Mr. STEVENS moved, and the House laid Mr. smitha
resolution the table by yeas, 49, nays, 70as fol-
YEAs-Me.,y. Alley. Anison. Anes Ashley Nevada,
Bidwel Bingham, Boutwell,. Broomal, Bromweil, Clarke
to CLARKE snsas cOnSias Cook Ds%ins DsacR Don, Don.
nell Hart, Hend-rson, Highly Holmes ho'chkss nu6oaId
Sws GSSS H. M hISSsS I%4en.. naISIs SDs
year Lynch, McCarg McInloe, Mckee, Mocrhesd; Nor
MSt MSqop Mye. oSe s1s i,sss Rsras fsS sSss
IiSla alnN N y: Ward W.msf, Ws.Ebur9e dli Wei.Ij
Wentworth, Williams, Wilson dOwab Wilson tPab and
SATs"Ses:i. Anderson. Bergen Blaine; Boyer BIeoi.
Ecsey, Eldridgc Farqukar, Ferry Fnck 9lo'brenner
@ GIfi. S.ys. H haSss n ' '
James NJ Humphrey, ingersO, Johnson kas.on K.r koy-
a Mstan. .'t Marvin, is' MccaiaasS % Miller N newell &bsi
Nicholson, NOEL. Phelps. Pike, Rsdfofd Randall Ky,
greaves smith, stiwel strouse Tabor, Taylor, Thsyer
John L. Thomas Thornton, TrGmble, Van Horn MOI aud
Whaley-T0
| NEW CONSTITUTIONAL AMENDMENT.
Mr. BINGHAM (Ohio from the Joint Select Committee
Reconstruction, reported joint resolution, emhody
ing the following article in amendment OF the Con-
stuton OF the United States 10 be presented to tho
Legislatures of the several States for their ratification
That Congress shall have power make all laws which
shall be Necessary proper the citizens Of each
states and 10 III persons in the several States equal pro-
teton in the rights o life liberty and property
Mr.. BINGHAM asked that the resolution be printed an9
made the special order Of the day for next Monday and
from day to day until disposed Of
Mr.. Books ". " inquired whether the Committee
Reconstruction had right to report at any time and
The SPEAKER replied they had not, but that unanim
nous consent was required for special order.
Mr.. BROoKs said that what was TO be done with the
| resolution had better be done to-day.
Mr.. BIyGHiN at the suggestion OF Mr.. Stevens,
moved 10 rec0mmt the resolution and that be printed
Mr.. Books wanted TO know the use OF recommtting
the resolution when the Committee had already made
up their minds about il.
Mr.. BISGHAM replied that the gentleman knew tho
object of tho motion was that the COMMITTEE might re-
port IL back again.
Mr.. BRooKs said that the Committee could thus put
the resolution through the House at any tine Wlthouo
their knowing what II was.
Mr. BINGHAM wanted the gentleman to understand
that the object Of the amendment was to extend uni
yersally the guaranty of constitutional protection.
Mr. BROOKS wanted the country 10 understand that
they did know what the Committee on ReeoDstruo-
ton doing and that this amendment could be put
through the House under the gag law"
Mr.. BINGHAM replied that nothing Of the kind was
intended.
The motion to recommit was agreed to.
ARMY REGULATIONS.
Mr. ScHEycK Ohio offered joint resolution, which
was referred to the Committee on Military Affairs
providing that hereafter, every brevet appointment o!
commission conferred on an officer OF the army shall
state for what particular act OF galaDry or mertor.
Gus conduct the same was conferred and that the names
on the Army Register shall be similarly designated
THE MICHIGAN CONTESTED ELECTION.
The House proceeded TO the consideration OF tba
Michigan contested election case, Baldwin ast Irow.
bridge.
The report Of the Committee on Elections say there
il no question Of fact ana only Of law involved in
this contest BY the act OF the Legislature large
number OF votes cast by soldiers outside OF tns
limit Of the State II these votes can pc iawsTy
counted Mr. Trowbridgc has q majority Of the whole
and is elected 10 the seat. Ii not Mr. BALDWIN havln9
majority Of the home vote, is entitled 10 it. II VIII bd
observed the ComIittes say that the eector pro
terpretaton of its Supreme Court as correcD rom
voting outside of the township or ward in which be re-
sides but by the oct ofthe Legislatures allowed when
absent in the military service country to vote even
outside the Stae there 10 an unmisfakabe CONNECT oi
authority. The Constitution prohibits what the Leg1
aure as plainly permits Inc one TN sas os ses.
military headquarters The power to act at all in
the premises so far concerns Representatives in
Congress Is derived from article i, section OF tho
Constitution Of the United States. They conclude
their argument by saying the power 10 prescribe the
place whether calSd qualification Limitation or con-
diton Is still vested In what the Constitution calls
the Legislature" and there II must remain. IL can
not be dvested BY giving another name however ape
II may be. The Committee therefore, report tesoiu-
tion that Rowland 4. Troworidge is entitled to seat
in this House Representative in the Thirty ninth
Congress from the Fifth Congressional District Of
Michigan.
Mr. MARSHALL Of the minority Of the Committee,
saws in his statement that having carefully considered
the question of law involved in the case he has come
10 the conclusion that Mr.. Baldwin duly elected.
II is admitted that OF the votes cast for
Mr. Baldwin had majority. 1t is also admitted that
large number of the citizens Of Michigan, who were
ont othe State and in the service OF the United states
ON the dny of election pursuance Of the provisions Of
an act of the Legislature OF Michigan, approved Feb.
ls6i voted at the places where they happened 70 be
on the day OF election and that II these votes can b
lawfully counted Mr. Trowbridee had q majority and
was duly elected If they be lawfully counted.
Mr. Baldwin was duly elected and is entitled
TO the seat. The question is therefore purely a