Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1866-04-05
XXXIxTH CONGRESS,
Senator TrumbuII on the Late Veto.
THE BRO0Ks-D0DGE CASE.
warts Resolution
DIRECT TAXES IN ALABAMA.
WASHINGTON. April 4.
'EkTAnJT

"tItLS4 thAES In AJABA MA,
WASHINGTON, April 4.
SENATE.
Nj Van Wrinkle presented tho petition of citizens
81 W est Virginia, asking for semi-annual terms Of
| mlttee on Judiciary.
sTEwARrs RESOLUTION.
! M Stewart called up the joint resolution intro-
oueed by MN some time since TO be proposed as an
| am9ndment to the Constitution. -"
Nj Stewart said that ne had underworld to mature
d Plah 10 meet the views and the wishes of the
country and had laid aside all personal feelings in
aoing SO. ie had seen it nimated and reiterated in
e press OF the country that Congress did aOt int end
10 ADOPT any plan but were only hattering certain
members to use them; The entire Union press of the
country had endorsed his (Mr. So plan as the one
most calculated to restore and preserve the harmony
Of Ihe country Tic and other Senators had received
urging the adoption of plan
lf ). read the resolution Introduced by him. and
m Inc adyantase Of his plan. To protect the
termination OF the whites of the South and in this
2p o the leading minds Of the North CONQUERED.
enusets, IN approval of his plan. 1t was Stated that
the majority in the South would not act fairly if this
matter was submitted to them. Hedeniod the charge
Mr. S. then alluded in terms of Communication 10 he
acton of the Legislature and Convention of Georgia
| and read a letter from Alexander H. Stepbens that
the Legislature faithfully reflected the opinion of the
peohle Inc Legislature had passed a law which
went further than the Civil Rights bill went Ii pro-
sected me rights OF the negro, and when the empire
State OF the South thus far it was as much as
| we could expect. A proclamation had appeared in
the papers of yesterday stating that peace had beon
restored. 1t did not repeal the test oath h0weyer
ana there was still something lett for Congress to do
| alternative. . "O
| lie moved to discharge the Committee Of F;rteoD
from the further consideration of the resolutions and
| make them the special order for tomorrow at one
o'clock;
Mr.. Trumbul moved to POSTPONE this and all nr;or
orders and proceed to the consideration of the bill
~ proSeGL al persons IN their civil rights, and re-
| turned by the President with his objections The
question being shall the bin pass notwithstanding
the objection Of tie Pre- dont? Mr.. Trumbul said he
fully shared with the President the regret that he
could not siga this bill. lie regretted it on his own
account he regretted it account of the President
as II was calculated TO ALLEVIATE him from those who
elevated him to power and who would gladly have
rallied around him, and above all, he regretted it for
| Hberty's sake. 40
lie did not think the bill was unconstitutional and
ne would endeavor to review calmly and dispasSon-
aely the Presidents objections. The very first lines
OF the bill were Objected to by the President II was
the opinion of Attorney General Bates and so held
through all Mr.. LlncOlns administration that all
persons in the United States born free were citizens
OF the United states, who became free Mr.
Seward had issued passport to colored citizen and
Mr.. Marcy had held the same opinion except as to
Peters report 76l the cases of Gaines VS. Brown
claiming to be qaturalized citizen of Louisiana
lie read from Lawrence Wheaton, H. in relation
70 the ADMISSION OF IeXaS &c. and said that French
men and Spaniards, Mexicans and Indians had all
been made citizens of the United States and VET tbe
President tells us that this is the first time Federal
citizenship has been attempted to be conferred The
opinion has been held that all native-bOrn persons
and those not subject to foreign powers citizens
and now when it is proposed to declare so BY law
the President interpOses his objections If they arc
Wand no law can be passed by Congress until these
eleven States are represented Whose fault is it that
they are not represented of the loyal
states why it is to give the criminal the benefit of
his crime. The President issued procamation YES
terdly, not Of peace for Texas is not included and
are we to wait for Texas? The Senators and Repre-
Sentatlves sent here by these States are mostly men
fresh from the rebel army whose hands ara drippnE
with the blood OF our brethren. and who cannot be
ADMITTED here because they cannot take the oath
Are we to admit here. to make laws for the Ioval
people, the Weep resident OF the rebel Confederacy
and his colleague, just from the rebel CongressP Arc
we to admit men here whose acts caused the country
the loss OF half million Of lives, and a debt OF
S4,UC4OOOO0O? Representatives should be sent here
from States which are organized properly, and it is
our duty and our right to inquire whether these or
CARNATIONS are loyal. The President also objects
that this bill discrimination against many intelli-
gent foreigners, who to this country. The bill
only gives to the colored the same rights as the
white man. and why is that discrimination against
The child OF n foreigner born here becomes citi-
zen before its father. All this talk about Gypsies
and Chinese Is OF no consequence-very few Chinese
are born here, and as to the Gypsies. they like
sage remind me of a speech delivered IN the Sen
ate some eight years ago by a Senator in the same
seat now occupied by the Senator from Oregon Mr.
WullansJ on the veto message of Mr.. Buchanan On
the homestead bill, which were somewhat similar to
those now advanced, and which were described as
demagqgu1eal at c9Dtondan, dc.
Mr.. Johngon-Who was the Senator?
Nj. Irun Sull-Senat9r Andrew johnson. Laugh
which was promptly suppressed by the Chair
Mr.. Irumhull continued his remarks Ho said that
when Mr.. johnson attempted to reconstruct a State
as Military Governor he was appealed to give the
negro the right to vote lie replied that he had not
the constitutional right to do that, but nc would pro-
tect them; 1t was not claimed that citizenship con
terred political rights. A man might be citizen
and yet not be allowed to hold an Office or vote Every
person residing IN the United States is entitled to
protection from the Federal Government, and if il
were not so, American citizenship would be worth
nothing.
How is it that every born in the United States
owes obedience to the Government that his life and
property subject to its disposal? Did our auces-
tors fight for government which has the right to
command and not to protect? Did we fight and make
all our sacrifices to perpetuate such a Government?
o tel TINS TO the son OF the man who starved at
AndersOnvile, to the widow of the soldier who lost
his life at Missionary Ridge, 10 the child of him who
such is not the design OF the Government.
pass now to the ID section Of the bill 1t objected
that 1t discriminates in favor of the black man Dir
l. then read the section and maintained that the oh
Ject!ons were groundless. 1t merely said that no
punishment or penalties should be inflicted upon
black man winch were not inflicted upon a white
man 1t might be said that this Disseminated in ia
yor OF the black man, as some States made distinc
ton IN their laws but this was the with all rem
edlal laws. 1t was said that under this section a
judge might be punished; well, if he acted unjustly
he ought to be punished. He could not be- if it was
not shown that he had acted unjusty or maiciousIs
WY, at the very formation of the Government a
law was passed, in 1890 to punish State Judges who
acted IN violation of the laws of the United States
The law OF Mississippi Furnishes judge who re-
imprsons man discharged by writ Of habeas corpus
case than to punish a judge or other person who
denies his rights to negro made free and equal by
your great constitutional amendment? There is no
novelty IN tins thing; Other precedents quoted
by Mr. l. He said this provision was the vital prin-
ciple of the bill. Without it, the bill was worth
nothing. The opposition made was the doctrine that
the king can do no wrong that these officials are
above the law. 1t is the very doctrine which origi-
mated this revolution. Under the color of law these
States went out, and if this is to be recognized WHY
JEFF Davis and other rebel chiefs not discharged?
Lee, with his army laundering at the very gates of
G. he If tha Low
Every judge who sat in those States for four years
and every sheriff who hung citizen for his loyalty
to the Union, acted under law. If the right can be
accomplished judiciously without resorting to arms
it is proper to do Sc II would have been perfectly
rebel Legislatures tried them for and hung
them. We possess the authority TO punish all vio-
lations Of law done under cover of the law.
The President says II is better not to adopt bill of
such doubtful constitutiOnahty when there is no
probability of a conflict Of legislation. To show
whether there is any probability of a conflict of leg
islation | will quote.
MIR i. then read from the report of the Assistant
Commissioner OF the Freedmen's Bureau in Texas
that slavery still existed that the freedmen were not
allowed to be out after night also from orders issued
by officers oYeruling State agents All these orders
issued from Offices directly under the control of the
President and yet the President sees danger of
conflict of legislation. The order of January r. of
Major General Candy, setting aside all State laws
conflicting with the orders OF the department was
also read. What did this mean said Mr.. T.? 1t
meant file of evidence at the Court House and the
arrest of the Judge, and yet the President said the
objects sought may be obtained without impairing
the independence of the Judiciary.
will read another order issued under Presidential
authority Its one issued by Major General Sckles.
commander of the Department of South Carolina
and directs that all laWg shall lie enforced alike
against black and white. / wonder that the Pres-.
dent did not think when he opposed thig order that
1t was discriminating against gypses and Chinese.
LSubdued applause in the galleries.
Mr.. L. read from another order of Gen. Sickles in
shutting courts for the trial of offences against freed
This also of the provisions OF this bill
under the second clause of the Constitutional amend
ment he thought they had the power prescribe that
where his rights denied to him in State court
he should have the right to 90 into Federal court
The nation Is pledged 10 maintain the negro in his
freedom, and though the Constitution does not give
the right to bestow the suffrage upon him. yet If it
was necessary would give him the ballot and the
bayonet too II it shall be found necessary
The President objects that the United States Courts
which sit in but place. for white must migrate
attend to the interests of black men, This very sec
ton Is taken from bill passed in 1888, and opposed
by Martin Van Buren,.
Having now reviewed the objections of the presi-
dent would gladly stop, but justice to myself to my
State, to the American people, and to the cause of
liberty cOmpels me to notice the inconsistency of the
amendments OF the President, which are subversive
of the National Constitution do not wish to speak
OF PRESIDENTIAL uterances, but it is proper to say
that this bill was submitted to the President before
its introduction here and that this difference with
Congress, is OF his seeking. At the opening of
Congress, 1t became evident that difference existed
between Congress and the President
| He (Mr. t. had had many interviews with the
President, had Informed him that it was not desired
to introduce any bill here which would not meet his
approval
When the Freedmen's Bureau bill was vetoed, it