The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-01-25

Court, which is 10 be thus cirCumVented, so far
as the application of test oath TO lawyers is
concerned. II opens wide and most Important
subject. The COnstttutionality and propriety of
the Supreme Court action the relation OF that
Court TO Congress- the probable ine6Cacy of a
measure which, in its essence, embodies the
principle declared to be unconstitutional by a
majority OF the judges-these and a dozen corre-
latiye points challenge notice in connec-
ton with Mr.. Boutwelrs bill III a case can be
conceived Tor calmness and moderation of tate-
ment. and fullness and fairness of discussion
this is one. But Mr.. Boutwell,, acting, we pre-
sumo under the direction of the Judiciary Com
mittee, refused time for examination, for
thought, or for the utteranCe of thoughts
already formed by other members of the House
He relied simply and solely upon the organized
power of the majority, and the sufilaiency of
'the previous question" as an agency for sup
pressing awkward interrogatory and sitting in
convenient debate.
The contest that followed appears to have
been dscreditable to the body that permitted
H. The House is supposed to be deiberatiye
institution every member possessed of rights
which no majority can decently disregard Mr.
Boutwell, MIR. SchenCk, and others of the
majority, eXerted themselves to prove the un-
soundness of this suppostlon. The minority
as Messrs. Boutwell, and Schenck decde-have
no rights: neither the right to call for explana-
ton, nor the right 20 state their own interpre-
tauons of the Constitution and duty Mr. Cham
Ter asked for TINA to speak, and Mr.. Boutwell,
gTHciOusly conceded FIVE minutes. MIR. Rogers
and Mr.. Hale we're respectively allowed other
five minutes and no more. Mr. johnson
plCaded-nOt for five, but-fOr two minutes
and Mr. Boutwell, refused because other mem
bers might also claim two minutes each. For
the majority sustained Mr.. Boutwel's applica-
tiOn of 1.-THE previous question: and would
hear not another syllable in opposition.
Through two stages the bill went at lightning
speed; the majority flushed with power, the
minority helpless in its presence. The third
reading, however, was not to be mad quite so
easily. The parliamentary system bas other
devices than that employed bv Mr.. Boutwell,
bp mi of
defense, in the shape OF the constant renewal
OF motions to adjourn; and to these the Op-
ponents of the bill were finally driven. By a
succession of what in other circumstances
would be vexatious motions, they succeeded
in fighting off the decisive vote. During the
greater part of the afternoon, through the
long, wearisome night and until 8 o'clock
Wednesday morning, they held "tbe tyrant
majority" at bay. Compromises were attempted,
but in vain. Lsggards and absentees were
made TO realize the Speakers authority. The
majority, strong in numbers, by turns rested
and watched; the min ority, with none to spare,
watched steadily all the time. An hour tor
debate on "Wednesday was the utmost they sought,
and, being denied this poor privilege, they had
no remedy save patience and persistency.
Finally these qualities triumphed. "The pre-
vous question turned out to be not always
omnipotent. Mr.. Boutwell, more liberal than
MIR. SChenck, yielded Just one hour, with an
understanding that the vote should then be had.
And at on Wednesday the House adjourned,
neeting again at IL, and at noon dividing on the
question of the third reading, which was car
rIed by a large majority.
With the provisions Of the measure which gave
rise to these extraordinary proceedings we have
Tor the moment nothing to do. 1t may be con-
srltutiOnal; it may be eApedIent; it may be right.
Grant all this, and the merit of the struggle
between the majority and the minority will re-
main untouched. The fact will still he that the
majority, incensed by the assertion of right on
the part of the minority, insisted upon the sup
preston Of debate in regard to a bill which in
directly brings Congress into collision with the
Supreme Court, and the bearings Of which had
confessedly been hastily weighed by the Judi
Ciary Committee. The reason assigned by Mr..
Boutwell, for refusing debate was the very reasO
which established the necessity OF debate. The
Committee, he admitted, had only two hours for
the report; vet members OF the House, tOrsoOth,
were not allowed two minutes TO say why the
bin should be amended or rejected
We submit that no party is or can be strong
enough to continue this course with impunlty.
II may triumph for time, but sooner or later
reaction must come, from which the promoters
of proceedings like these Will be the first TO
suffer. The country wants bold legislation, and
wants it promptly. But we believe it does not
desire that even wholesome measures shall be
pushed through CONGRESS in utter defiance OF
the safeguards of republican government.