Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1866-05-31
SHARP DEBATE IN THE HOUSE.
dc.


SHARP DEBATE IN THE HOUSE.
DC. &C.. DC.
.. SENATE. .-.,..
WASHINGTON, May 80 1866.
PAT OF NAVAL OFFICERS
MI crimes, from the Committee on Naval fairs
reported back the memorials of tho Legislature o
New I ork and numerous other bodies and officers O
the navy asking an increase of pay of naval officers
and asked to be discharged from its further conside
ration, which was granted.
Also from the same committee. reported formally
or me Dill amendatory Of the act regulating the dis
tflbutlon OF the naval pension fund.
. COLLECTION DISTRICTS.
MT. Inandler introduced Il bill to change certain
collection districts in MARYLAND and Virginia. which
was 4 referred to the Committee on Commerce
to the district Of Baltimore That n"rt Of t6S
OF Vienna: in Maryland. bordering On the sea coast
win az the waters howtng into sea bay. and the
Cherrystone In Virginia; and the collector of Vienna
Is to reside at Deals Island the port of entry
RECONSTRUCTION.
me Joint resolution from the Committee on Re-
construction was then taken up the question being
The Chair announced the question to be on the
nrSt amendment to he inserted at the beginning OF
ne first section: AN persons born in the United
citizens of the United States and of the State wherein
they reside
the word thereof excluding Indians not taxed"
Mr.. Howard said that all Indians born in tho Uni
ted States who adhered to Their tribal relations were
not legally citizens, and h9 therefore hoped the
amendment would not be adopted
Mr. Cowan said ther should bo some definition Of
the term citizen of the United States He would ask
the Senator from Michisa1 (Mr. Howard if Tho
child Of a gypSey born in Pennsylvania was a citi-
z-n? If the child Of Chinese born in California
IS for the States to decide He cl lined that his
stats tPennsylvaria) had the right to settle this
question, and to exercise tho right to drive out OF
her borders acertai1 class who paid no taxes per
formed no military duties, and engaged in no honest
occupation. Heallufed to the gypsies who trave ed
about from place to place, played cards. and traded
horses and committed thefts.
Mr.. Conness did not anticipate any great danger
from this 1t only declared citizens chi dren born
IN the United States. e ad already voted for n
law to do this, and wos now willing to mako it tho
fundamental law of the nd. - III
, By unanimous consent, Mr. Anthony moved IN [
me senate insist on its amendments to the West
Point Academy bill, and agree to tho request Of the
House tor a committee of conference, which was
Mr. Doolittle said that he had moved his amend
ment because there were many Indians who should not
be made ciZers. There were six or seven thcusand
NaYaloes now maintained in New Mexico by the
War Department: at cost of million per annum.
Mr.; johnson said it was unnecessary to inform the
Senate that questions of serious import had arisen
and some of them had given rise TO- considera Die
embarrassment as to who citizens of the United
States and as to what ghs pertain to them as such
Inc object OF the amendment of the Senator
from Michigan Is to settle this question. The
committee to whom the subject was referred, and
VINO mad made the report, had, in his (Mr J. -
ship was. De knew no.better way of accomplishing
this than the one adopted by the committee.
The Constitution had made definition as to what
was necessary to constitute citizen of the United
States. That instrument left it an open questioa IT
has been decided by tho court that every man who is
citizen Cf State becomes ipse fdcto citizen of the
United States, but there was provision at all as to
how ctlzenshlpc exist except through the medium
Of the State citizenship. What the amendment of
the COMMITTEE provides is that all horn
III theUnted States, and not subject to any foreign
power, shall be considered citizens of the United
States. This was wise and necessary provision as
there certainly should be some definition of what
citizenship is. lie was in favor of it, but thought
that the Amendment of the Senator from Wisconsin
lMr. Doolttlel should be adopted. The Senator
from Illinois tMr. TrumbuD says Indians are not
subject to the jurisdiction Of the United States but
with due deterence TO his friend he (llr. j thought
he was in error. They within the territorial lin.
It's OF the United States, and must therefore be sub
jec{ to its jurisdiction. Athoueh we have treated
win them we have also legisated for them He
maintains that the United States oy exercise juris-
dIGton over all Indians within her territorial limits
whether 1t t5 done IN point Of fact is another ques
ton.
His friend from Illinois thought the amendment of
mr Doonttle would signify nothing, but in the Civil
Insnts olll which had been prepared by his friend
the provision excluding Indians not taxed was in
certed, and it most certainly have something
there.
Mr., Hendricks inquired whether it was not COM
petent for the United States to assert jurisdiction
Mr.. Trumbull said he supposed they might if they
were able the same rs they might assert Jurisdiction
owes the Empire of Mexico.
MIR. Hendricks said he had put this question as a
question of law, and tho Senator had no right to
answer it as question of military force. What he
lMr asserted was. that law Of Congress gould be
Mr.. Van Winkle called the attention of Mr.. Trum-
bull to decision of the Supreme Court, quoted by
which the status of the indian is declared be that
of q subject.
Mr.. Trumbull said he had no dobt that in some
cases they had been treated as subjects.
MIR: Howard hoped the amendment would not be
adopted. .-----
Jects and as such subject to the legislative political
and military powers of the Government. and that
the result of the amendment of Mr.. Howard would
be to make citizens of all of them.
Mr.. Doolitue said a member of the other House,
who was also member of the Committee of Fifteen
had declared the Civil Rights bill to be unconstitu-
tiona but, if there were no doubt about it. why the
necessity for engratting one of its provisions on
Constitutional amendment.
Mr. Fessenden-The Senator may answer that
question for himself
Mr. Howard said it was desired to place this aues-
ton OF citizenship beyond the legislative power of
gentlemen like the Senator from Wisconsin. who
would destroy the whole system and expose the poor
freedmen once moro to the tender mercies of their
Mr.. Doottle said the Senator had made a state
ment Tor which he had not the slightest foundation
He would be very glad to compare his record on this
subject with that of Mr.. Howard.
Mr.. Dooittle then concluded his argument.
Mr.. SALISBURY said that though he agreed in the
main the senator from Wisconsin, he could not
vote for his amendment. He could not exclude the
poor Indian from citizenship after it conferred
the negro. .-. E..-.-,
The yeas and nays being ordered on The amend
ment, it was disagreed to by the following vote:
Yeas-Messrs Buckalew. Cowan. DAVIS, Doolittle,
Guthrie. Hendricks. johnson, McDougalI, Norton
Nays1Messrs. anthony, Clark, Conness. Cragin.
Cresswell Edmunds, Fessenden, Foster, Grimes Ilar
Kansas Morgan, Morrill,, Nye, Poland, PomeFoy.
HHamlsey' SheTm2n: m StewaTt sumner Irumbull. Van
The amenJmentof Mr. Howard was then agreed to-
THE DEATH OF GENERAL SCOTT.
A message was here received from the President of
Scott.
Mr.. Wilson offered a co4eurrent resolution making
mittee to take into Consideration what measures are
necessary to DE taken to express the appreciation
Congress of the character and public services of the
Tho, concurrent resolution was unanimously
adopted. " -'''rN o. e.1-l =
Tho question was then taken on the next amend
ment of Mr. Howard to the pending joint resolution,
which was IN the second section and of verbal ma
tuTe. -.H,..
The next amendm mt was the following proposed
in lieu of the section struck out yesterday:
Section 8. That no person shall be a Senator or
Representative in Congress, eector of President or
President, or hold any Office, civil or military
under the United States under any State who.
having previously taken an oath, member of any
State Legislature, or executive or judicial off,
of State to support the Constitution of tie
United States shall have engaged ia ipsurrecton or
rebellion against the same, or given aid and comfort
to the enemies But Congress may bya vote of two
thirds OF each House. remove such disability
MIR. Hendricks moved to amend, by inserting after
the word shall the words. during his term of Office
Mr.. Van Winkle expressed himself in favor Of the
amendment.
Mr. johnson urged the adoption of the amend
ment. Something was due to the people for whom il
was intended. They should be consulted with. They
had firmly believed in the right of secession They
were grevously in error, he (Mr. J) thought but
they were in error they upheld by the opinions
of some of the most gifted nteects Of the country
North and South.
Mr.. Guthrie said this section was measure of pro-
scription not OF cOnchaon, and he should therefore
vote for the amendment, so as to qualify it much
as possible.
Mr.. Hendricks said that he could not vote for the
section, even If his amendment should be adopted
Mr.. Sherman inquired of Mr.. Hendricks if his
amendment would not relieve from the disabiE les
of the section those who had resigned from the army
or navy to enter the service of the rebellion? Gen.
Lee for instance2
Mr.. Hendricks said it would not have that effect
resignation was not an expiration of term Of Office
Mr.. Sherman thought that its effect would GER
talnly be to relieve those who had resigned including
those who had left their seats in this body. ..
Thequeston was then taken on the amendment OF
Mr.. Hendricks, and it was disagreed to by nays a.
yeas 8. Messrs. Buckalew, Davis, Guthrie Hend-
rcks, johnson, Riddle, Salisbury and Van Winkle
Mr. johnson moved to amend by striking out OF
the third section the words 'or member of any
State legislatures or as an executive judicial off
Ger of any State" l.~ 0"