New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-01-24

bers shall not have been arrested tonight and that
they be required to show why they be not declared
In contempt Of the House soldier in the gallery De
enthusiastic In his admiration Of one OF the Penn
syNania members, and expressed that admiration ~ d
loud tone Of voice rather nc0hcrent style Inc
Doorkeepers assistants directed 70 show him into
tennnedy that il required the efforts OF lafadozen
men 10 accomplish the task, while me members ana speo
conflict The suiJugaoD, however, was compieteu ahu
inc House returned to It's own htio oinu1rs a
tons while waiting for the first instaluneht OF eapeu
ociocL a. m-Touse st IN session, and Sergeantat
arms ON The hunt f0r absent members .,
cgBt ocoi his morins the scenes up 70 that time
being bt repeons and variations oil those ~ the earlier
part OF the night There some party woes taken Ny
aud aysuot onethird e number that taken
dlhg me celebrated n1busterllg scenes Oh to h"i'sas
Al length the offer Of compromise came from the Re
publican ranks Mr. BOUTWELL, rep M Sa
should meet at II O'Clock this morning., and
that the hour between that and noon should
debate the bill There was promise the part of The
Democrats that they would then submit to have the Vote
taken. and That condition Is almost UNDERSTOOD.
The House, therefore, al o'clock this morning, TOOK
recess until n O'clock
REAssLNLING-THE DEBATE on THE TEsT-okIn ELL.
mIbe House rcassombled at u o'clock a. ni ana
continued the legislative session OF Tuesday . -.
Mr FiNCk Dem. Ohio took the floor ana lea OH III
MI ROGERS Dem, n. JJ followed ON the same 7ide
Mr NInIACK Dem, md followed on the same side:
}
10 bs BILL because IL sought 10 override BY egstuoh
the solemn decision Of the highest tribunal o tho co
uy because IL singled out one profession Tor punish
ment, while members Of all professions were liable To Ino
same penalties, aud because IL made no dsllncOn DC
tween those who voluntarily engaged IN tlo hintuspi
and those who, under force OF circumstances ehlhou
At This point when the clock indicated that It
within one minute Of noon, Mr. OYER yielded To M
BOUTWELL,, who moved that the House do 10" 90"
The motion was agreed to.
~EDNEsDAi's sEssIoN-PAssAGE OF TiE VII a..
Immediately afcrWard, the STEAMER called tue
l0u7, ~ order, announcing hat the House would no"
IN conformity with the agreement of yesterday pIocco
10 vote on the passage OF the BILL 80
Au dlat6ry motions including that to lay the bill on
the table, being withdrawn, Mr.. BOYER, by unanimous
been r-cry ed ho said Tor this Congress 10 exhibit
tempt for that tribunal which bad hitherto by rms mo
ofiaw.
6Ir BOUTWELL, closed HE debate He said, wish to
state particularly than has YET been done me COnsi
tutonal aud logical arguments by which this h ~ sup
ported Among the enumerated p0Yers or Congress 10
The power TO make all laws which shall be necessary
and proper for carrying INTO uiion the foregoing
laws aud all other powers vested by ths Gonstnnon ~
Inent officer thereof" Authority In also given by The
Constitution TO Congress in these words: Bn the Con
e1c-- may by Law r,t the appointment OF such inferior
tbn Co,lrts OF law OF ina Tho Heads OF Departments"
These two provisions Of the Constitution sustain C0n9ros
ia the exercise o. two kinds Of powers. fgSi:
and proper 10 carry into effect any Of The pow
en- vested In any Department OF the Government ana
N,.oaT. To authorize courts OF law AZ wen Depart
incnts Of Government 90 appoint ali officers whose al|
poiutment COnRres may see ~ To- conhde to mem Nc
maintain this bill by the ancient theory fs OH As the
British law Of the official character Of chancellor or
attorney at law. From the very ufst he has been re-
eardod ~ officer 81 the Courts. The supreme Couri
~ te United states IN Che Garland decision, maintained
that doctrine hui denied that counselor Is ~ officer OF
the Government. The Cout Itself ~ department 81 INC
Government. Every Federal Court inferior 10 the SIT
prone Court Is branch or Judicial agency OF e Coy EN-
mcu aud Therefore when you have demonstrated or ~
niuod. "a che supreme count in slrl cases has al
united, That attorney il Hn officer of the Court, u io
lows n necessary consequence FROM which there can
logical legal constitutional escape. mat uh
attorney IL officer OF the Government, because tie
Icurf felf 4. either Department. OF branch or agency
Nv ROGERS desired 10 ask question bat Nh. BouT
WELL declined 10 Yield and continued his remarks ne
quoted Section J5 O the Judcuty Act OF 1872 10 the erect
at m all courts ~ the United states, the parties may
plead and manage then Own eases personally, OF ~ me
.si-tuurr OF such counsel ATTORNEY -t-aW by the
rules the court shall be- permitted 10 uauake hnh cor
duet therein. lie commended that were ~ moi FOR
that act The court would have no cOnsiii utioa or legal
power to admit attorneys to perform their iunciluns
Therefore by The Constitution aud laW, he elaine 49, have
established me several legal propositions from Hh'n'
directly and inevitably. the right 81 the Court
Co pns- the rule was drfIrd, and JnriiCe Story lad
many years recognized The authority al ne t"n'
cc.s la the matter, Ia the Vf htary aud others
against the Farmers and McTchaHt,' Bank Vf Mem
phi. reported Ia Peters. page %. 10 On these
various constitutional aud legal proportions Ia conforms
its the law of the country, lint the Judiciary commit
tee derived any authority TO pass as rule deemed heces
are devolyod hy the Constitution and laws oh any depart
mcut ~ the Government. II Congress had power 70 give
10 the courts power To mako uICir own rues, II ma
clearly Tho power az any particular case 10 pIts,,lH
exactly and definitely the ue by which the courts shan
be governed. On that statement ne submitted TIE matter
The Ito 30 then preceded 20 vote by Yeas and Nays on
the passage Of The b The vote resulting; Yeas, o9;
Nays, q. - = - ~
80 the bill was passed. aud the title was changed - gs
to make IL read. A bill TO prescribe rule conoefhihs
Members Of The Bar aud Tor other purposes The follow
ing Is the votc