Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-03-27
Fortieth Congress---First Session
WASHINGTON, March 26.
SENATE.


force the several provisions of the Consti
tuition abolishing slavery, declaring inn
munities of citizens and guaranteeing o
republican form of government, by secur-
ing the elective franchise to colored citi-
zens, provides that every citizen shall have |
a right to vote in every State or Territory |
at all elections for Federal, State and local |
officers of every Kind, on equal terms, with |
out regard TO race or color, all State or ter |
ritorial Constitutions or law to the contrary |
Ordered to lie on the |
table and printed. ,,,ft.s-, |
Mr.. TRUMBULL reported House reso-
luton for adjournment, with amendment. |
By way of substitute the Judiciary COM
mittee recommend in lieu of House resolu- |
ton, that the two Houses adjourn Thursday
next at II O'Clock. .--..,-,..,7. ,fi |
After considerable debate several propo-
sitions were made and voted down, and
finally Mr.. Trumbull's proposition was
adopted. -
p After executive session, adjourned.
.e ~oE. a.'l HOUSE. 'e -~f" ','.
= Mr.. EGGLESTON introduced Joint res
olution providing for the necessary surveys
for ship canal around the falls Of Ohio
Passed.
a Mr.. SCHENCK introduceda a joint reso-
luton authorizing the employment of Bre-
vet Brigadier General Seth Eastman in the
decoration of the Capitol. Passed.
+ Mr.. COVODE offered a resolution in
structing the committee on Public EXpen-
ditures to inquire whether legislation was
necessary to secure the prompt payment of
bounties to soldiers, and looking to the in
crease of the clerical force in the Second
Auditors office. Adopted E,,
Mr.. BUTLER called the attention of the
members to the fact that Mr.. Bingham had
revised, altered and materially changed the
Globe reporters manuscript of the personal
fol I'd NJ
Bingham. - ~
Mr.. BUTLER then laid on the desks of
the members a printed pamphlet showing
the report as written and the report as
printed. He characterized this proceeding
as most unfair, and in defense of his own
assertion made the other day that Mrs. Sur
ratt was hung without sufficient evidence.
He charged that j. Wilkes Booths diary,
which showed all his movements prepara-
tory to the assassination of Mr.. Lincoln,
was kept from the knowledge of the court,
and now it appeared that it had been spoil
lated by having eighteen pages Of it cut
out after it got into the hands of the Gov
ernment. He said there is still remaining
in his diary memorable instance written
few hours before Booths death, and quoted
from memory: II have endeavOrtd to
cross the Potomac five times and failed. l
propose to return to Washington and give
myself up and clear myself from this great
crime" He contended this piece of evil
dence would have shown, or in his judg-
ment, this whole case now shows, that
Booth, up to a certain hour, meant the cap
ture aud abduction of Lincoln, and that he
| changed his purpose and resOrted to aSSas-
sination. Ii Mrs. Surratt did not know of
| this change she would have no knowledge
of the intended assassination, and there
fore could not have been convicted. If all
the testimony had been presented we should
have been able to pursue the accomplices
and find out who it was that changed
Booths purpose from capture to assassina-
tion; who it was that was to profit by as
sassination and that would not profit by
the capture of Lincoln; who it was that
would succeed Lincoln, in case that bullet
| made a vacancy.
Mr.. BINGHAM replied: In the excite
ment and hurry of the time it so happened
that the report of my reply to the gentle
man was most imperfect report of re-
marks made by me in the House. Any
gentleman may examine it, and he will fail
to find in the corrections a single accusa-
tion that is not, by express words or by
necessary Implication, in the Reporters
notes. defy his calumny. What charge
is he complaining of? That said he had
condemned, without knowing or caring
tor evidence. / say so yet. If he
then he is to be pitied for coming here and
arraigning his peers for not consenting to
admit the testimony of a man accused,
made after the fact. l defy him, by any
investigation which he dare institute, here
or anywhere, to show that any cOmmuni-
cation came into my hands purporting to
| be the production of j. Wilkes Booth, that
was not made after the fact, and long after
the fact. Is there any lawyer in America
or England who would say words and dec
/ larations of an accused4elon, after the fact,
is evidence which the advocate for the Gov
ernment is bound to admit in Court? treat
with contempt and scorn any intimation
| from any quarter that / or my associate
| counsel were under obligation to admit any
such evidence. The law does not require
it. The common law, the growth and gath
cred wisdom of thousand years excludes
it. Perhaps that great monument of wis
dom and learning is not equal to the incOm-
parable genius of the Incompatible hero of
Fort Fisher. Laughter, which the Speak
er endeavored TO suppress.]
Mr.. BUTLER tried to get in remark,
but Mr.. Bingham would not let him, adj
ding that the gentleman from Massachu-
setts had no right to ask favOrs at his hands.
Mr.. BINGHAM continued: 1 never saw
any memoranda by j. w. Booth which in
dicated any plan or plot by which he was
to carry out his projected conspiracy. /
never saw any such thing, and l am not
surprised that the gentleman would not let
me see the book which he put into his
pocket.
Mr.. BUTLER again essayed to make an
explanation, but with no better result.
Mr.. BINGHAM said: No sir, l do not
care about it. Having refused to let me
| inspect the book on which he based his
charge, he may now initiate the example
seen in the vision of the Apocalypse and
turn around and eat it. Laughter. The
gentleman talks of spollated book. Who
spoliated it? That is about as interesting
a query as that to which L referred the 9TH
er lay-Who killed Cock Robin? Who
knows that it is spoliated? If John Wilkes
Booth tore pages out of it was that spOlia-
tion? The gentleman's words are as
impotent as they are unwarranted. "Let
the CALLED jade vince. My withers are un-
wrung." L challenge him, and dare him,
here or anywhere. in this tribunal or any
tribunal, to assert that spoliated any book.
Such charge as that, without any little of
evidence, is only fit to come from man
who lives in a bottle and is fed with a
spoon. [Laughter.l What is. the other
statement here, showing the heaItlessness
of the accusation, its utter disregard and
contempt of all decency and all Law? 1t is
that controlled the evidence in the court
The gentleman knows was not the official
organ of that court. He knows its recorder
was the Judge Advocate General of the
| United States, and yet L am to be at fault
because did not otoverrule the official organ
of the court. The gentleman has under
taken task entirely beyond his powers,
and only proves in this thing, which he
has undertaken to do, that the execution OF
the war on his part in this instance, as in
others, is by no means up to the high and
sounding. [Laughter.l Let the gentleman
read my argument on that subject, and let
him show wherein it is false, corrupt, ma
licious or unjust.
Mr.. BUTLER tried to make a brief eX-
planation, but
Mr.. PIKE and others objected.
/ HAMILTON WARD asked leave to Of