The New York herald., 1866-05-09

that tho third section should stand A. part Of tho
amendment, ana he should move 10 amend BY striking
Tho srxAxrn stated that pending the motion 70 recon
NIT no amendment could be offered.
Mr.. GARuKLD would then To amend the motion
70 recommit by adding TO Il instructions 70 strike out the
third section.
House could not have scpkfse vote on each Of the
sectonsf
The srrAKra replied In tho negative Sometimes he
amendment; but when Il did not do 30, then bill or
joint resolution must be voted on ~ whole This
joint resolution voted 10 whole and must DO
acted on as whole by the House. by the Senate and by
the people Tho motion TO rccommit being pending
amendments could not be offered 10 tho joint resolution
Instructions might be moved amendments 70 tho mo
ton to recommit. but would fall II that motion was with
drawn.
o,s.:. Mr. GAn,Daow ,s D., then can an amendment 'o
The srraKrn-onIy BY voting down tho previous qucs-
ton when moved.
Mr. GAKrYLD, resumng his argument said that II all
who participated in the rebellion werc forever excluded
by the amendment from right Of the elective fran
chise In all relating national and state Offices,
he would say that the proposition just and ono on
which Congress could stand He regarded anything ~
just which ~ would exclude from political privileges ana
beon The proposition would meet his approval as ono
emnenty just
difcultics In the way OF such proposition.
Mr.. GARyHID explained that he did not Hy hc was In
vo. Of complete pa' nss nsS
upon his colleagues tr Finck appca 70 the people OF
the south to sy sssS,s Ss Ss ouv called
the people Of Tho South TO rally around the policy OF
Andrew johnson.
Mr. GAnrixLD would icavc the House TO Judge how
much difference there was between the two things He
(Mr. Garfield called upon tho people OF the North 10
stand together with all their manhood aud 70 resist The
evolutionary schemes OF the people OF the south ana
their coadjiiors In Congress and in the North.
Mr.. FIsoK declared that there but one disunon
party IN the country and his colleague Mr Garhe be-
Mr. TnAyrn, (rcp) OF Pa, ncxt addressed the House.
With one exception he was prepared Alter due debc,a
ton, 70 g- his cordial assent And approval 10 the
proposod amendment That exception was the third
sccon. He agreed in the sentiment ennnciatcd by the
L would be either espedIcnt or propc q ain that sec
tor He opposed 10 the third recto because he was
favor Of the bills reported by the
Committee on Reconstruction, declaring IL cxpcdcnt
that the States lately In insurrerton should at the carh
est day nssent with the future peace and safety Of
the Union, be restored TO full participation In all
political rights He opposed 10 II because looked
Ike offering peace and restoration with one hand whc
they we're snntchcd away with the Other. He OPP
posed TO because he thought would keep tho country
IN state OF constant turmoil fit did not rcklndo afrcsh
the fires OF civil He thought that section nperiIled
the whole measure for he did not believe the people Of
the loyal States would subscribe either 10 Its justice or
expediency.
should have the opportunity 10 amend tho nth
section by adding 10 It the following rrcyho:--
Provided iha. no,hng contained n this sree shall Be 30
elective asc hise within ssie 20 abrdRe restrict
the power of state 10 regulate con,ro the With
IN It's own Jurisdiction except IN the third section hereof
prescribed.
Mr BOYER (dcm) Of Pa, spoke IN opposiron 20 tie
Joint rcsolut He admitted tha, those who had
mtted treason amcnabe 10 the laws bot laws
and constitution should not be made I'd meet their
Treason undoubtedly crime, afln should be
punished but by no bill OF aitainder or 4 psa tacto
law, ouch as was proposed In the amendmentl
Mr.. kELi tcp) Of Pa took the toor iufcfence OF
the Jcnt resolu on Although, be sa,d m hchAd
po Of !, lac wosd have reported rneasue giving tho
ii the oonnry h vas opposed 10 striking "a the third
section 10 do ~ would be TO enaseulate hc amend
Boyer be tMr Kelley would read letter fr@m the pen
of who had tcen iahful 70 the rebel opnedcrary
Ms his colleague and bad made greater sAerne.s for H.
Mr. Bo,ER asked whether he Understood IN colleague
W .ny that he mr. BoycD had boon faithful TO the re-
bclon
Mr. KELlEy replied hat hc did ray ,ha, the demo.
cratic party Of e North had fought for the rebellion,
where there particular danger, xcalonsy az The
democn,ic party Of ibo South had fought on the ncIds
Of danger.
Mr. BoYEa-And say now tha. my colleague frhts
for disupion as zcalolsy our armed traitors AT the
South fourbt for u durng tic re06lon. tlAnkhter)
Mr. ksLLsy replied that opinions altered tht was al
hr. BOYER Asked bis colleague what -ort az govern
adult male population were not allowed 10 yoss ~
Mr.. KELLEY replied that nne-tenths Of uik popula
ation had committed c!ony they would be dpryed of
the night 10 vote and the armed Of Ieasod Involved
all crimes. L.
Mr. Borsa inquired whether after tho reosjF Of ,he
scath had returned 10 their allegiance sbsy sioud s
Mr. KsLLsy replied that n Probst, who Ead murdered
eight members Of one family IN PHILADELPHIA were 70
repent much ne would still say enforCe the law
against him, and II Il WAS found that biz mental and
moral naine was 10 low that be ought not to he
cuted thon he should keep him IA the Icneniiary
for ths of hs life him looee society
Probst only killed eight while OF tLoso rebels lad
killed their hundreds and all of them had struck the
lfe OF the nation This bill did not propose 10 punish
them On tho contrary, proposed hnef four years Of
good conduct 70 reinvest them With all tho cv and 20
ltica rights which they did not poescsa That
tho whole of this bill
Mr.. snnm lrcpl Of KY, inquired whether Mr. Kelley
WAS In favor of dsfIsnchis.bg all The coiorsi nisn
who wes into the rebellion.
Mr. kEIsY replied that he was IN favor of dsfrencbis
Ing every traitor In the land whether White % black lot
DO did not believe the gobtIen could hnd biac. oil
uu,ary traitor
NJ ssrr paid he ha1 scen many colorcd pep prs.
oLer OF war, taken with arms Ia thsr tALds who ad-
ntied they had joined The rebrlE voluntarily.
Mr. Kriyy sad he would require stronger evidence
against coiored men charged tn than he
against Lee, or any otAer leader u Tie coIf,c.ra'e
army.
Mr. scnEScK rep OF Ohio, defendoao,he ihlrd se-
ton of the bill irum the attacks made utOu IL IN be-
Understood Il 20 be the nature u penalty, dsursug
OF the rghE now enjoyed by them he wond agree
% the proposition Of the gentleman from Iains ,ir
this sccion and the amnesty PROCLAMATION, sseed ia
puraane- of the art % cOnrress Eo s0gd ft0p g.
ask ai what date the eleven states entirely and
completely restored 20 their eqna relations The rnlou
because be did not tcleye they Lad any suCh "a "a,
complete normal relations, such ~ ihrl once enjoyed,
with tie otiierH II he adopted Tint theory. iiian u
would foos beces-ary tIs be- should rcglrd ihe pco.
pe n bo~c State having right Tor electors
fof President and fitc President ard mrfifn ~
rcr N they ros-.~~cd that right then the ispf r.ug
them of = would be imrosng ou them ycbafy add.
tnna to that 10 ~hc they rfri~fef b. fore That
what migt b. called the Presidential Theory He
would come to the cnDgressanal Theory. Ia cue
ho did hcic,e ihn The eleven
out ~ The nInn h. dI Mt scrhc - the dOr,rnc ~
ucir being dacod "a tho roIdipru Territories lie
believed that The government bal be gt a. hrash them
aud sllJrai them 10 otsflerce Ireciery he
pnHclIl on which fliber ihnssii.l his olld lie be
lesed that anef puLlfhHg them "a that wAy tiey bad
Tie rgit ~ pat that child In sff keep hiu
away from tho fam y table until b. sLowr1 rforur o
pogltion TO bchsye bifsssf lie gIdeft'ss5d ihs Goa
grrfsorai theory 10 hc fils-that tbO-c stale tore
rIemsslves ~ far ~ they had the power ~ d. 49,
from their normal and yfor-r relations the
of the tistes that w. dong 20 they for'elnf certain
night, and tat, by rcfo'ing ~ b. fspfesenisi Coo
AMI by ia ming their allegiance they forfsnel
ther gtt 81 representa- on and wal l0~ Until t
rrnrsfiy and by law rrsfpfsd - then ~ rudsf
a. further the tnugrsa theory ts uaf q n
rgh' could only h. restOfsd 10 them w as anf
urtli law va snaftd ~ uhlfh Afy STAT shch hai
runR iusf 0st ~ tie tniDn rertn.itd ersn.f
tsck aud stand The fo bg 9th otser sra e
u ,oald not enloy fePrss niatinn Ia Congress ~ tia