The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-01-24

tsnv in the Federal courts He said that The scenes In
Tho House during night and this morning must have
demonstrated II is always we'll for majority 70 be
liberal 10 minority all legislative subjects II the
gentleman who had charge OF the bill had been liberal
enough 10 allow the democratic sido OF the House
reasonable for discussion, those scenes would not
have boon witnessed Inns Dill was one Of - series
the Supreme Court OF the United STATES and 70 subvert
il ana its just powers to the viii of the legislative de-
partment OF the government II was intended to invade
the decision OF the Supreme Court respecting the
oath as applied to attorneys and counscHors at law IL
was bill 20 DO indirectly .nt MI,In sGcoTass 70 Inc
Referring Mr. Bcutweps remarks that he wished TO
preserve the supreme Court from the contamination OF
traitors Mr. Fnck said that three fourths of tho emf
nept LAWYERS OF country wound vastly prefer being
associated with Alexander y. stephens than with the
Distinguished General from Massachusetts, BENJAMIN +.
Butter The gcntlemaa (Mr Boutwell, ought TO remem-
Der that year ago ,he leuenant denerai OF
the United States army entertained Mr. stephens - an
gentlemen ON the other side Of this chamber,
among them Mr.. Boutwell,, had taken him
men contaminated by the presence OF Mr stephens
He gave It his deliberate judgment that the principles
o. the party II nos u 81 the cow
ernment and hence the Efforts OF that party 70 cnange
the constitution and invade tho jurisdiction Of the
Mr Eoer apa "a me OF followed on the same
side u the questen conendLg that the bill was an e.
citizens Of the right OF trial by jury In his peroraton
ho declared, "whenever the Supreme Court stricken
down then Liberty no Longer IN ne nS % ss
In the arms OF the legislative. power, fnaictng
It's tyrannicai hand with the will OF vigor npon
that symmsFy Of form and that beauty Of operations
which fathers, who had been covered with glory Ia
the Revolution OF 1776 laid down fundamental prin
cples which were guarantees and safeguards OF the
rights and liberties OF their descendants who were TO
Mr.. NIBIACK, ldem) of Ind followed on the Same
SIDE He declared unjust the federal courts TO init
mate that they intended to do anything not CONSISTENT
with the srctest rules OF proprety. The bill was In
tended to strike at the independence OF the federal
and at the pardoning power of tho government.
the United States we're not traitors but alien enc
mics then this bill would fail 70 accomplish the very
object for which It was designed.
Mr. BOYER, ldem) OF Pa, declared that he op-
posed this BILL because II sought to override by
legislation the solemn decision Of the highest tribunal
for punishment while members Of all professions were
liable TO the same penalties and because made no ds
tnction between those who voluntarily engaged In the
rebellion and those who under force Of circumstances
identified themselves with H.
Al this point, when the clock indicated that It was
within one minute Of noon, Mr. Boyer yielded TO Mr.
boutwell,, who moved that the House do now adjourn
The motion was agreed 70.
Immediately afterwards the SPEAKsR called the House
order announcing that the House would nOw In con-
formty with the agreement OF yesterday, proceed 10
vote on the passage OF tho bill.
All dilatory motions Including that to lay the bill
the table, being withdrawn Mr.. Boyer, by unani nous
consent continued his argument against the bill: i
had been reserved said for this Congress to exhibit
Q contempt for that tribunal which had hitherto been
considered the Of justice OF purity and Of law.
UEs
state particularly than has yet been done the
stuona and logical arguments by which this bill is
10 the power TO mako all laws which shall be necessary
and proper for carrying into execution the foregoing
the Of he United States or in any depart
ment officer thereof Authority Is also given BY tho
constitution 70 Congress in these But the Con
gress may by law rest the appointment Of such inferior
officers II deem proper Ia the President alone, in
two provisions Of the constitution sustain Congress in the
the Of law the neads Of departments These
exercise or two kinds Of powers rst the enactment
81 ~ laws deemed necessary and proper TO carry into
effect any o. the powers vested y any M o. the
we'll as departments Of government 70 appoint ali officers
whose appointment Congress may see az 70
ancient theory, AZ old Is the British law, Of
the ocial Of counsellor attorney At law.
the courts The Supreme Court Of the United States
in the Garland decision maintained that doctrine but
denied that counsellor an eicer Of the government
The itself II Adepartment Of the government Every
federal court inferior 70 the Supreme Court is branch
or judicial agency Of the government and. therefore,
Court that have admitted that attorney Ia
officer Of the court II follows ~ necessary conse-
quence nom which there Be logical Or legal
government because the court itself 10 either depart
ment or branch or agency Of the government.
Mr. ROOMS desired 10 ask question, but
Mr.. boutwell, declined to yield and continued HE
marks He quoted section IS Of the Judiciary act
States the parties may plead and manage their own cases
personally by the assistance or such counsel aor
ney at law the rules Of the court shall be permitted
10 manage and conduct therein He commended
that mot for that act the court would have no
constitutional or legal power to admit attorneys
sSd s~ !: claimed % have established the several sss
propositions from which directly and inevitably the
right Of the court 70 pass TINS rule we: and JUS
Of the Congress in the matter In the case Of Keary
aud others against the Farmers' and Merchants Bank
OF Memphis, reported In 10 Peters, page o. Il was on
these various constitutional and loyal propositions in
conformity the Law OF the country that the Judiciary
for ne Of
duties thai devoved by the constitution and laws
any department Of the government II Congress had
power to give 70 the courts power 70 mako their own
rules had clearly the power in any particular
prescribe exactly and definitely the rule BY which the
courts shall be governed On that statement he submit
The House then proceeded TO vote by yeas and nays
on ON the passage Of the e.ysas ioe nays a. 70 the
read "A bill TO prescribe rule concerning members
Of tho bar, and for other purposesn
The following 10 the vote:-
YxAs-Msssrs Anderson. Ashley or Nevada, Ashley
Of Ohio Baker n ssawin Banks . Barker Baxter Be-.
s os osI b.s CAD
- Ss J:sss FIX sS :sss .5as s
s kss
ysS;
": 4 S:.a' Ssis; Ssss;a sls:s
bridge Van Asrnam, Van Horn q \. Y; Ward o. = Y,
wsn:wo'th. wllIsms wiison Of Iowa. Wilson Of Penn,
NITs-Hessrs. Auocns Bergen, Boyer. Campbell Chan
Cooper, Dawson penison. Eiddee Finok 0lossbren.
Goodyear Hail. Harding OF NY, Hogan, Hubbell Of
r., Humphrey, Hunter Kerr, Latham, L. Blond, Left.
wich Marshall McIsuer, Niblaok Nicholson, Phelps Rad
ford: Randall os Pa Ritter Roger Ross shanfin, ST.
Thornton Trimble, Ward Of Ky, and winneld--s2.
rnE SURVIVING soLpmRs or THE WAR or 1872
Mr. coBs trepl Of Via, presented memorial Of the
Wisconsin Lsgslatur In reference 70 the surviving SOL
diers Of the war Of 1917.
The ADJUSTMENT or THE TONNAGE TAX
On motion Of Mr. PIKE, trep) OF Me-, the Committee Of
Ways and Means were INSTRUCTED 70 Inquire into the
pediency Of aboshng In whole In part the tonnage
tax, and Of adopting . system Of dhcrentia duties
favoflng American ships 20 that they may have share
Of the importation Of foreign merchandise, business
now almost wholly confined 70 foreign bottoms
RkroRTs OF COMMITTEES
The House then proceeded, o. the regular order Of
business 10 the ca Of the committees for reports the
call still being with the judiciary Committee.
Mr. WILSON, from the Judiciary Committee reported
back the bill introduced by Mr. Shslabarger TO declare
and protect ali the privileges and immunes OF cxens
of Initad n n -