New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-05-24
NEW-YGRM, THURSDAY, MAY "a, 1866.

OF the greatest questions presented in the history OF
our country or any country IL should be approached
carefully and soemnly with the that have
before all the testimony all the facts everything that
can by any possibility shed any light upon IL. Have We
al that doubt it, Sir But content myself now with
simply entering my individual carcat against what
seems 70 something ike precipitation with which this
measure Is sought TO be pressed. :,
Mr.. FESsFNDES said he did not know that he should
take part this discussions but he begged leNe 10
say that he differed entirely from the honorable senator
from Massachusetts Sumner as 70 the Popley ca pro-
cecdng with at the present time. The matter had been
under consideration very long and If the senator nom
Massachusetts, had not informed himself on the KIND OF
testimony which had been taken il his own fault be-
not only had the testimony been published IN the
newspapers but 1t had been published IN numbers uh'eI
Tie direction OF the Senate and laid upon the tables OF
Senators. lie (Fessenden) agreed with Mr. sumner IN
thing, and that that much had been gained by
the delay already had The Senate would remember that
at time it was pushed very hard in all the newspapers
TO have speedy action. II was necessary, however 10
take testimony and the publication of that testimony mas
had most beneficial effect in informing the country and
satisfying everybody The matter had been better under
stood in consequence of the which had been adopted
by the Committee from necessity, because il was unable
TO come conclusion without this testimony. As TO
taking more testimony suggested by NJ sumner, the
Committee felt that time must be txed al which e
testimony would close, otherwise II might continue I'll
the next session. That time had been fixed and the tes
mony had been closed The Committee thought had gone
far enough II was now late in the session. Inc houss
had passed the resolution two weeks ago. IL had
been delayed in the Senate longer than II wOuld nave
been but for circumstances to which II was not worm
while TO allude He Fesscnden) had thought ~ wen;
the resolution had passed the House, that shod
lie upon the table in order give time to consider H. and
that some dav should be fixed for taking mp This had
been done He agreed that public opinion was very apto
change on this subject; but that only reason why
the senate should act according to its own best Judgment
The probability that Congress would adjourn between
the first and the middle of July, and 1t was essential 10
proceed Immediately to the consideration of the reso-
Mr. SIMMER said he did not wish to be understood as
making any formal opposition to proceeding with the
lie had expressed an individual opinion which
he felt very strongly. lie could not help lie might
be in error. II probable he was IN error But he had
performed his duty and in an humble way had saushed
! himself simply by making this declaration.
| Mr.. HENDRicEs wished TO inquire Of Mr. Sumner to
what time he would propose TO postpone the consideration
Of this question. He hoped the Senate would adjourn as
stated by Mr. Fessenden. If Mr. Sumner wished post
ponement for short time he Iiendricks would. JOIN
him in seeking it. But he could not agree 10 post
ponement beyond the middle of June.
Mr. SUMNER said he did not think the business Of the
Senate was in such q condition TO warrant the belief
that il would adjourn before the latter part Of July lie
believed this great question Of reconstruction ought TO be
reserved the last considerable subject OF discussion be-
fore the adjournment. lie thought it might be taken up
during the last half OF June something like month
from now. He believed that at that time the Senate
would be better instructed on the general subject ana
better prepared TO harmonic aud adopt policy which
would be the best for the country.
After some remarks against posponement by Mr. Coz
MISE the joint resolution was taken up and read az IL
passed the House.
Mr. HOWARD took the floor 10 explain the proposition
in behalf Of the Special Committee Of Fifteen lie said
he regretted that the honorable Senator from Maac Mr.
een unwcll TO he unable 10 open the discussion
of this grave and important matter. He was anxious that
Mr. Fcsscndcn should take the lead IN the conduct Of this
discussion and still entertained the hope that before the
close the debate the Senate would have the benefit Of
fun and ample statement from Mr. Fescnden Of his views
on this subject For himself he could only promise Ia
present the Senate IN very succnct way the views and
The motives which influenced that Committee In 20 far
he understood those views and motives in presenting the
report which now under consideration. The joint
resolution creating that Committee intus'd them With
very important inqairy-an inquiry involving
instructed inquire into the condition of the nrurgent
States and authorized To report by bin or otherwise at
their discretion believe do not oyerstaic the truth
when say that Committee Of Congress has ever pro-
ceedcd with fidelity and attention with matter
ntrusted to them than has that Committee lhey have
been assduous in the discharge Of this duty. They have
Instituted an inquiry far practicable for them TO
do 10 into the political and social condition OF the nsurecnt
States II IS very true they have nor VISITED any o. nI o
they taken the testimony OF very great number OF
witnesses who have been summoned by Them 10 Washing
ton and who had acquaintance with the condition on
affairs in the insugent States think, sr IL WIZ De he
Judgment the country IN the end that the Committee,
40 far the procuring Of testimony upon THIS subject IL
concerned has been not only Industrious but assiduous
and impartial and entirely far know that 10 guide has
h9an their aim. know that 1t has not been
their purpose present to Congress or the country IN
their report anything unfair or onesded anything oil
party tendency. Or anxiety has been 10 ascertain the
whole truth in its length and BREADTH far as the acil-
ties given would enable US to do So One result ST. OF
this Investigation has BEEN the resolution for the amend
ment of the Constitution OF the United States now under
cusson prolonged for weeks and months they came
10 the conclusion that necessary III order TO restore
peace and quiet the country and 10 mpart again vgor
and potency the laws Of the United States and osee
ally obtain something IN the shape OF security Tor the
future against recurrence OF the enormous evils under
which the country abored for the last four years that
the Constitution ought be amended and the project
they have submitted is the result of their con
sderaton upon that subject The s section of the pro-
posed amendment relates the privileges and immunites
of the citizens Of the several States Of the Union and 10
the rights and privileges Of all persons other than citizens
under the laws of the United States 1t declares that no
State shall make enforce any law which shall abridge
the privileges mmunites Of the citizens OF the United
States; nor shall any State deprive any person of life,
liberty or property without due process Of law, deny 10
any person within its Jurisdiction the equal protection Of
the law 1t will be observed that this IA general prohbi
ton upon all the States SUCH from abdgng the prvi-
eges and mmunes Of the citizens of the United States
That is its first clause and regard il very important
clause indeed 1t also prohibits each one Of the
| States from depnying any person OF NE liberty
or property without due process Of law, or denying
to any person within the jurisdiction of the States the
equal protection of law. The first clause OF this section
relates the privileges and mmunties Of the citizens OF
the United States such, and distinguished from all
other who not citizens OF the United states
1t is not perhaps easy To define with accuracy what
is meant by expression citizen Of the United States
although that expression occurs twiee IN he Constu
on-Once in reference 10 the President OF the United
States in which il is declared that none but citizen OF
the United States shall be President OF the United States
and second in reference TO Senator'S who likewise re-
qured be citizens of the United States. Undoubtedly,
the expression used in both these cases IN the Constu
the amendment before the Senate. citizen
of the United States is, L believe, held 10 be
person who was born within the limits Of the uaied
States and subject 20 their laws on the adoption OF he
Constitution The citizens Of each State IN quail
fed sense at least aliens to another for the reason
that the several States before that me were regarded by
each other at least independent governments each one
sovereign power 20 enable II TO clam the rgh
Of naturalization and undoubtedly each one OF them pos
sessed for itself the right and power OF natuahzng ior
egnes and each one also that had lit to exercise
that branch Of sovereign power might have declared the