The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-01-14

paid into Treasury except necessarily arising
okag fund be devoted other purpose sxceP
~ the express consent OF Csngrsss-
COMMITTEE on THE TREATMENT OF UNION PRIsoSERs.
Mr.. PAINE, rep, OF Via. on behalf OF the Chairman
OF the Select Committee OF last session the treatment
OF prisoners OF war and Union citizens offered resou-
ton the committee be continued with full powers
under the resolutions OF July 10 and July l3, 1857
Mr. WAsHBuRsE, trep.l OF H., desired TO offer IN
amendment providing that the committee shall incur
further expense, but Mr. Paine moved and the House
seconded the previous question cutting of all amend
Mr. wAsHBuRsK moved to lay the resolution tho
table, which negatived by yeas 81, nays o. The
resolution was then adopted.
RECONSTRUCTION MEASURE.
Mr. BINGHAM offered resolution that the ruos oe sls-
pended and that the Committee Reconstruction be
authorized TO report Immediately, and also that the
House will tomorrow proceed to the consideration OF
the report, and will Al the close OF the debate on
Wednesday proceed to vote on the same.
The question on suspsndng tho rules taken by
yeas and nays and resulted yeas 49, nays A. So the
russ we're suspended and the resolution agreed to.
Mr. BINGHAM thefeupon reported bill additional ana
supplementary 70 the act TO provide for the more ell
Gent government Of tho rebel States passed March
read twice and recommitted.
Mr.. BINGHAM informed the House that he would not
the debate continue on wednesday and the neTt dsv
the House desired II He merely wished to have Il
made the special order from day to day until disposed
OF.
The SPEAKER notified the House that by the terms OF
the resolution adopted under suspension Of the rules
datory motion could be received after the debate
should close aud the House should order the main
question.
MI. ELDRIDGE tdem) OF Wis, suggested that, there-
fore the effect Of the resolution not only ensave
the Executive and the supreme Court but Congress
The SPEAKER remarked that the resolution was ex-
pict In its terms and that dntory motion could be
entertained alter the main question was ordered
Mr. BINGHAM, IN reply to question by Mr. Brooks,
declared that IL was hs intention to allow reasonable
time for debate
Mr.; LOAN. trep1 Of Mo-, submitted an amendment,
which was ordered to be printed
the bill reported differs in the nrst section from
the bill as printed In the HERALD on Sunday last II
Be 4 enacted. &C. Tha. in Virginia North Carolina South
foaa and hs als no ep roSsrnmens re-
publican In FORM and that the so-caed civil governments
dcal power or authority Of the United States.
Mr. WILSON, rop) Of Iowa, rose to make report
from the Judiciary Committee
Mr. ROBINSON, tdem.) Of N. Y, rising to parliament
tary Question asked the speaker whether inc adoption
OF the resolution altered tho rules without notice to that
effect
The SPEAKER said that suspended all rules that stood
In the way OF its existence
Mr. ROBINSON inquired whether all the rules of debate
were suspended
The SPEAKER replied that they we're not-only such
rules that stood in the Of carrying the order Of
the House. Tho question bad been decided last
Congress on an appeal from the dec sion Of the Char
by a vote OF l6l to-
Mr.. ROBINSON appealed from the decision Of the Chair
but tho speaker declined to entertain the appeal and
stated That the gentlsman from Iowa (Mr. Wison)
entitled TO the floor, and that tho bill not
before the House this not the appropriate time
appeals.
TIE SUPREME coURr-wHAT SHALL CONSTITUTE A QUORUM
VALIDATE DECISIONS.
Mr. WILSON then asked leave to report back from the
Judiciary Committed, with an amendnen. 6y way OF
an additional section, tho Senate bill declaring what
shall constitute quorum Of the Supreme Court
Mr. WILSON moved to suspend the rules, stating that
he did not propose to call up the bill for week. or
until the gentleman from Pennsy lvanla (Ar. Wilams),
who mad just introduced the subject in the House,
present
The House refused to suspend tho rules BY yeas 70.
nays 10.
Mr. WILSON said he interpreted the an express
sion Of tho will OF the House to have the bill acted upon
Immediately He would therefore modify bis motion
and move suspend the rules to allow him TO report
back the bill for immediate consideration and that when
the Hosse shall order the main question the vote shall
DO takon without diiatory motions
The question was taken BY yeas and nays, and 70
were suspended and Mr. Wilson, from the Judiciary Com
miitce, reported back the Senate bill declaring what
shall constitute quorum Of the Supreme Court, with
an amendment
The bill declares that any number Of the justices Of
the supreme court not less than i've, being majority
thereof snail constitute quorum. The amendment
clares that pending before the Supreme Court
involving the action effect of law OF tho United
States shall be decided adversely the validity OF
law without the concurrence OF twothirds OF all tho
members OF tho court.
Mr. wnIlAxs Uep.) Of Pa, offered an amendment.
requiring the decision OF the court in such be
unanimous He explained and advocated his amend
ment.
liams that he modify his amendment a. to require
only majority Of tnree-fourtns.
sxactng great deal 10 require the unanimty OF the
court 10 reversing the decision OF Congress, which
there hundred and sixty lawyers
Mr.. LAWRENCE, lrep.) OF Ohio, suggested an amend
men. in conformity with the second section Of tho act
Mr.. WILLIAMS declined 10 accept tho amendment and
inumatod that the bill was imperfect, should not BE-
acted on hastily and should be recommttsd 10 the
Judiciary Committee Whore there Was Q dissent on the
bench IL would be found nine Of ten that
the opinion OF the dissenting judss was tho more
liable one
Mr. PRuYS tdem.) OF N. Y, declared that ON his 70.
turn 70 the House after few weeks absence, actually
seemed TO him to-day II the country the midst
revolution TINS House had before Il 70 day propo-
ston OF most extraordinary character II was
proposed by act TO strip ten States Of tho little
authority left thcm; to deprive tho Executive OF ts
power; and now 1t proposed by This virtually
rob the supreme Couri Of tho United States OF that
which had given 1t power influence, dignity aud
strength before the country and the world This action
admittedly proposed In view of the fact shat the
would conflict the views and opinions Of majority
OF Congress This daring avowai would strike the
Mr. MARSHALL, tdem) Of Ill, declared that OF all tho
revolutionary measures brought before tho last pre-
sent CONGRESS tending TO subver and destroy the nst
tuons Of the country this OF the very gravest
IL was not only striking blow al, but subvertins one
OF the coordinate branches Of the government II had
been theory OF tho government that u was govern
ment o. checks ana balances, and that there
power that could put foot upon the people
and upon other Coordinate branches OF the
lfConsress was sbsoiu'e II 1t could override tue will
of the people, override the will or the Executive and
the deliDerate judgment OF the supreme Court
United Staies tnoro would DO established dospotsfn
not Of one man, but an olgarchy mob elected oy
the people, but usurping powers never given to II by
the constitution or the people II the assertion Of
an absolusD which tho people would repudiae, unless
they were Hing 70 DO deprived OF their liberties and
TO have the institutions OF their fathers trampcd under
foot. more enormous proposition had never been
brought before any delberstve body The very bring
ing forward % sucn measure a plea Of guilty
tue part OF the majority in Congress, add q confession
that its acts were unconstitutional and that therefore,
they were unwilling TO have thom brought before the
ant VIs ~ lnItk n Tt.r
power under the federal constitution 10 pass SUCH
q law. II was most ralpablo and manifest
usurpation, aud II not safe for any party
forward to tample into tue dust that great tribunal
which had established such reputation under lead
OF tho great men who had presided ia that body There
reverence for that tribunal justice, It's learn.
Ing, It's conservatism is ability, It's adherence TO the
great principles OF the government which would not
permit any congress 70 trsmpl8 and out OF
existence for partisan purposes Ho appealed 10 gentle
men moi 10 attempt TO place her unnallo we'd feet
the supreme Court-an institution winch deemed
80 important for the preservation Of the checks aud ba
lam OF the government, aud absolutely necessary
for til, protection OF tho rights Of citizens II tins