Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1866-04-05

blINLC4 IAAES In ALABAM
WASHINGTON. April 4.
SENATE.
Mr. Van Winkle presented tho petition of citizens
OF west Virginia, asking for semi-annual terms of
mlttee on Judiciary.
sTEwAET's RESOLUTION.
, Mr.; stewart called up the joint resolution intro
oueed by MN some time since, TO be proposed as an
amendment to the Constitution.
Mr.. Stewart said that he had endeavored to mature
plan 10 meet the views and the wishes of the
country, and had laid aside all personal feelings in
dong so. lie had seen it ntimated and reiterated in
the press of the country that Congress did ot intend
to adopt any plan. but were only hattering certain
memoerS to use them. The entire Union press of the
country had endorsed his MIR S's) plan rs thc one
most calculated to restore and preserve the harmony
or tne country. Tic and other Senators had received
hundreds of letters from all parts of the country
urging the adOptiOn of a plan.
dr 5. read the resolution i?troduccd by him. and
advocated the advantage of his plan To protect the
termination of the whites of the South and in this
OPINION the leading minds Of the North coneurred.
he read letter ir9m Governor Andrew of Massa-
eAusets IN approval OF his plan 1t was stated that
the majority in the South would not act fnrly if this
matter was submitted to them. He denied the charge
Mr. ). then alluded in terms of commendati0n TO the
action of the Legislature and Convention Of Georgia
and read letter from Alexander II. Stephens that
the Legislature faithfully reflected the opinion of the
people. The Legislature had passed a law which
went further than the Civil Rights bill went 1t pro-
tected the rights of the negro and when the em,ro
State of the South thus far it was as much as
we could expect. proclamation had appeared in
the papers of yesterday stating that peace had been
restored 1t did not repeal the test oath however,
and there was still something lett for Congress to do
If no plan presented by Congresa we Shall have
anarchy or plan by the President. There is no
lie moved to discharge the Committee of Fifteen
from the further of the resolutions and
make them the special order for tomorrow at one
O'Clock.
Mr.. Trumbull moved to postpone this and all prior
orders, and proceed to the consideration of the bill
their Tirnt nd
turned by the President with his objections The
question being, shall the bill pass notwitbstandinG
the objection of tie President? Mr.. TrumbulI said he
fully shared with the President the regret that he
could not sign this bill lie regretted it on his own
account he regretted it on 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
llDerty's sake.
lie did not think the bill was unconstitutional. and
he would endeavor to review calmly and dispassion-
aey the Presldents objections: The very first lines
OF the bill were Objected to by the President. 1t was
the opinion Of Attorney General Bates and so held
through all Mr.. LincOln's administration that aII
persons in the United States born free were citizens
OF the United states, or who became free. Mr.
Seward had issued passport to coored citizen and
Mr. Marcy had held the same opinion except as to
slaves, as slavery then existed. Mr.. I. read from
Peters report 76l, the eases of Gaines VS.. Brown,
claiming to be naturalzed citizen of Louisiana.
lie read from Lawrence Wheaton, II, in relation
TO the admission Of Texas, &c and said that French
men and SpaniardS, MeTicans and Indians had all
been made citizens OF the United States and yet the
President tells that this is the first time Federal
citizenship has been attempted to be conferred The
opinion has been held that all nativ born persons
and those not subject to foreign powers are citizens
and now when 1t is proposed to declare so by law
the President nterpOses his objections If they oro
valid no law be passed by Congress until these
eleven States are represented Whose fault is it that
they not represented not of the twenty-five loyal
states; why It Is to give the criminal the benefit of
his crime The President issued proclamation yes
terday, not of peace, for Texas is not included and
we to wait for Texas? The Senators and Repre-
sentatiyes sent here by these States are mostly men
fresh from the rebel army whose hands dripping
with the blood OF brethren, and who cannot be
admitted here because they cannot take the oath
Are we to admit here, to make laws for tho loyal
people, the Vice President OF the rebel Confederacy
and his colleague just from the rebel Congress? Arc
to admit here, whose acts caused the country
the loss OF half million of lives, and a debt Of
from States which are organized properly and it is
our duty and our right to inquire whether these
ganizations are loyal The President also objects
that this bill is discrimination against many nteli-
gent foreigners, who come to this country. The bill
only gives to the cOOred man the rights the
white man. and why is that discrimination against
the foreigners?
The child Of n foreigner born here becomes a cit-
zen before its father All this talk about Gypsies
and Chinese is OF no consequence-yery few Chinese
are born here, and, as to the Gypsies. they like
Topsy, they grow. All these illusions in the mes
sage remind me of speech delivered IN the SEN
ate some eight years ago by Senator in the same
seat now occupied by the Senator from Oregon (Mr.
Williams on the veto message of Mr.. Buchanan, On
the homestead bill, which were somewhat similar to
those now advanced, and which were described as
demagogulcal at c0pt0ndUa de.
Mr.. Johnson-Who was the Senator?
MI Irem,5ull-SenatGr Andrew johnson. Laugh
ter and applause here broke forth III fhe galleries.
which was promptly suppressed by the Chair1
Mr.. Irumhull continued his remarks. He said that
when Mr.. johnson attempted to reconstruct State
as Military Governor, he 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. 4 man might be citizen,
and yet not be allowed to hold office or vote Every
person residing in the United States is entitled to
protection from the Federal Government and if it
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 are subj 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 pernetuato such Government?
Go tell this to the son Of the man who was starved at
AndersOnvie, to the widow of the soldier who lost
his life at Missionary Ridge, 70 the child of him who
lost his eyes on the Gulf coast Sir, it cannot be-
such is not the design OF the Government.
pass now to the ID section OF the bill 1t is objected
that it discriminates in favor of the black man Mr
l. then read the section and maintained that the OBJ
jections were groundess. 1t merely said that no
punishment or penalties should be inflicted upon
black man which were not inflicted upon white
man. 1t might be said that this Disseminated in IA
of the black man, as States made distinc
ton in their laws but this was the case with all rem
edlal laws; II was sad that under this section,
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 unuStly or maiciousIy
Why, at the very formation of the Government a
law passed, in $780, to punish State Judges who
acted in violation Of the laws of the United States.
The law OF Mississippi Furnishes a judge who re-
imprlsOns man discharged by writ Of habeaS corpus
and is it any right 10 punish q judge in such
case than to punish judge or other person who
denies his rights to negro made free and equal by
your great constitutional amendment? There is no
novelty In this thing Other precadentS were quoted
by Mr. l. lie 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. It is the very doctrine which orgi-
mated this revolution: Under the color of law these
States went out, and if this is to be recognized why
eff. Davis and other rebel chiefs not discharged?
Lee. with his army laundering at the very gates of
| this city, acted under the cover of the law.
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
accomp shed judiciOusiy without resorting to arms
it is proper to do sc; Il would have been perfectly
competent for the Government TO have arrested those
rebel Legislatures tried them for treason and hung
them. We possess the authority punish all vio-
| lations Of law done under cover of the law.
The President says it is better not to adopt bill of
| such doubtful constitutionahtS when there is no
probability of a conflict of legislation. To show
whether there is any probability of conflict of leg
| islatiOn will quote
Mr.. L. 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 oYeruing State agents. All these orders
issued from Offices directly under the control of the
President and yet the President danger of
conflict of legislation. The order of January r. of
Major General Candy, setting aside all State laws
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. tits one issued by Major General Sickes
| commander of the Department of South Carolina
and directs that all laws shaIl lie enforced alike
against black and white. l wonder that the Presi-
dent did not think when he opposed thg order that
1t was discriminating against gypSies and Chinese
| lSubdued applause in the galleries.
Mr.. L. read from another order of Gen. Sckles, in
Stuting courts for the trial of offences against freed
men. This also of the provisions of this BILL
under the second clause of the Constitutional amend
men he thought they had the power to prescribe that
where his rights were denied to him in State court
he should have the right to go 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 if it shall be found necessary
The President objects that the United States Courts
which sit IN but one place, for white must migrate
to attend to the interests of black men, This very
tion Is taken from bill passed in 1885, and opposed
| by Martin Van Buren,.
| Having now reviewed the objections of the Presi-
| State, to the American people, and to the cause of
liberty compels TO notice the inconsistency of the
| amendments of the President, which are subyersve
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 own seeking At the 0pening of
| between Congress and the President
He (Mr. - 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.