New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-01-14

before they had ser yed two years ...,, T.. ~
BY Mr.. BURR 0)em M pleddng protection 10 an
citizens nay eborn or naturazed IN me enjoyment 0l
an the gs of citizenship nnaer d "a me Cowmitfee
Nv Mr.. EBINGHAM Rep Ohio declaring the amend
oeTt IN the CONSTITUTION Of the United States known as
he Fourteenth Article duly ratified Referred to the
'uuic' pfpSy TRFaTMENr OF PRISONERS OF
Mr.. PAINE rep Wis.,, OH behalf OF the Chairman OF
Prisoners of War and Union lczens offered resolution
that the committee be continued Win lu powers unuei
the Mr. reS %AsmBT 81 Rep j desired to offer
amendment providing ina! tne snail na nf ou
seconded the previous question: cutting of all amend
Mr.. wAsHBURNE moved to lay the resolution on the
table Negatived-Ieas 52i Nays, ". The resolution
was then adopted.
THE RECONsIRUCuONsRLPORT
Mr.. BINGHAM rep, Ohio offered resolution that
the rules be suspended and that the Committee on Re
construction he authorized 70 report immediately anu
also that the House will proceed to the eonsld
Grafton of the Report and WILL at the close Of the debate
on Wednesday, proceed to vote on the same
The question suspendlng the rules was taken ny
Yeas and Nays and resulted Yeas, ll6; Nays. Az SO the
rules were suspended and the resolution agreed TO.
Mr. BINGHAM thereupon reported bill additional and
supplementary act TO provide for the more ehcien
government of the Rebel States, passed March 2, 1861
and the acts supplementary thereto and II was reao
twice and recOmmtted. Mr.. Bingham at the same TIME
informed the House that lie would not insist on the last
clanse NJ the resolution hut would let the debate con-
tinue on Wednesday, and the next day the HOUSE ue
sired it. He merely wished to have made the specla
order FROM day To day until disposed Of
The SPEAKER notified the House that by the terms OF
the resolution as adopted nuer fer o he DEBATE
should close and the House should order the main ques
Mr. ELDRIDGE Dem, Wis., suggested that, therefore,
the effect Of the resolution was not only 10 ensVe the
Executive and the Supreme Court but Congress also.
The SPEAKER remarked that the resolution was eX-
pct in its terms and that no dilaory motion could De
entertained after the main question was ordered ~,
Mr.. BINGHAM. in reply TO q question ny MI broohs,
declared that it his intention to allow reasonable
member from Missouri submitted an amendment
The hil os repored differs in the section from the
bill as printed in the newspapers IL reads ,,,,a
BE IL enacted, de- That, IN virginia NOIth oaiuiina'
sonth Carolina Georgia. Alabama. Mississippi Louisiana
Texas Florida and Arkansas there are no cNi Rp'In
goyernments i'm said states respectively shall not he re-
cognized as valid nor legal state governments l'htr ny
The Executive or Judicial power, or authority VI 'no
Mr. wiisoN REP. Iowa).rose to make a report from
Mr. ROBINSON Dem, N.Y., rising TO parliamentary
resolution altered the rules without notice to that ef
The SPEAKER SAID that it suspended all rules that
stood in the way OF its existence.
Mr. ROBINSON inquired whether all the rules Of debate
The SPEAKER replied that they nOt only such ,
rules stood in the way of carrying out inc o1ei CON-
rress on an aP PS on "%% ny
Mr. u RoBiNsoN appealed from the decision of the
Chair but the SPEAKER declined to entertain inc aIpea
aud stated that the gentleman from Iowa (Mr WllSon
anu ened 70 the floor and that as the bill now
before House this was not the appropriate time Tor
THE SUPREME COURT
Mr. WILSON REP. Iowa. asked leave TO report back
from the Judiciary Committee, With 90 amendment ny
way Of an additional section, The Senate bill declaring
what shall constitute quorum Of the Supreme Court
Mr. ROSS Dem. III, objected,
Mr. wilson moved to suspend the rules stating that
he did not propose to call up the bin for week or until
the gentleman from Pennsylvania CIR. Williams who
had first introduced the subject in the House present
The House refused to suspend the rules, by Yeas n
Nays, IS.
Mr. WILSON said he interpreted the vote express
sion OF the will of the House to have the bill acted upon
Immediately. lie would therefore modify his motion and
moved to suspend the rules 10 allow bin TO report back
the bill for immediate consideration, and that when the
House shall order the main question, the vote Sha DC
taken without AlatOry motions.
The question was taken by Yeas and Nays and resulted
pepded. and Mr. WILSON tRep, Iowa. from the judi
cary Committee reported back the Sehate D uecirine
what shall constitute quorum OF the Supreme Court
e hi declares that any number Of the Justices Of the
Supreme Court, not less than five being majority there
of shall constitute quorum The amendment declares
that case pending before 18th the Of e WtG
he decided adversely to the Validity Of such law without
the concurrence OF tHOthirds Of the members OF the
Mi WILLIAMS Rep Pa offered nn amendme1 IT re-,
9nannous He explained and advocated his amendment
| MIR MAYNARD Gep, Tenn suggested 10 MI. Will
modify his amendment 50 as to require only
n m
Mr.. WILLIAMS declined to do So He thought it was
not exactng great deal to require the unanmy Of ne
Court reversing the decision OF Congress which should
be the highest court Of the nation and IN winch there
! Mr.. LAWRENCE rep. Ohio suggested an amendment
in conformity with the second section Of the act Of Feb
MI WILLIAMS declined 10 accept the amendment, and
inmaed that the bill imperfect should not be acted
on hastily, and should be reconmitled to ne judiciary
Committee. Where there dissent on the bench, II
would be found In nine cases out OF te That the opinion
the SHds % ace that on @ return
TO the House after few weeks absence II actually
OF revolution The House had before IT today propo-
sOn OF a most extraordinary character. II was pro
o1e e s de r. Rs Executive i OF ~
II was proposed by this act virtually to ROB the h s
given power influence dignity and strength PeEfe me
posed IN View Of the fact that The supreme Court might
possibly make decision which would eoniiet WITH the
views and opinions Of majority OF Congress This daring
avowal would strike the country with surprise.
Mr.. MARSHALL Dem, I'D declared that OF MI tho
Congress- tending subvert and destroy the OF
the country this OF the very ayest II was not
ordinate branches Of the Government 1t had been
checks and balances and that there arbitrary
power that could put its foot npon the people and upon
gress absolute If 1t could override the viii Of the
people override the win OF the Executive and the deb
Would be- sRed Gep not Of
one man. but an oligarchy or mob, elected by the
the Constitution or the people. 1t was the
assertion or an absOlut1sm which the people would
repudiate unless they. were willing TO be deprived
Of their liberties, and to have the institutions Of
their fathers trampled under foot. more enormous
proposition had never been brought before any debera
tive body The very bringing forward of such
plea Of guilty the part OF the majority in Con
gess aud confession that Its acts unconstitutional
and that therefore they were unwilling TO have them
brought before the great judicial tribunal Of the country
There power under the Federal Constitution TO
pass such law II was most papa0le and manifest
usupaton and II was not safe for any party TO come for
ward 10 trample into dust that tribunal which had
established such reputation under the lead OF the great
men who had presided in that body. There reyer
for that tribunal for its justice its learning Its