The New York herald., 1868-03-27


Legislative power assumed all authority, stripping
the Executive and Judiciary OF all power, their ree
dom would be denied to every American citizen as
on the other side intended to pass this BILL but II
Congress insisted on keeping the leaden cloud OF
despotism over the South, God helping them, they
vember next, which would set aside Its verdict.
Mr.. BAYARD. tdem.) OF DEL, had not thought It
pass retroactive law divesting the rights OF any
citizen. He quoted Kent, Mansfeld and other au-
thoritles on the point, and said he had been OF
opinion that in this country, above any other no bill
denying this great right could be passed. 1t was
evident however, that this bill would be passed. not
by Q constitutional, but by partisan majority. He
recited the circumstances attending the passage OF
the bill In the House and said decorum only pre-
vented his characterzing it as in his opinion 1T de-
which the message had been forced on their con-
sideration by an overpowering majority, before 1t
was even printed when large number Of the
Senate were apprised OF the character OF the bill as
passed. He regretted to hear the language OF the
distinguished Senator from Maine (Mr. Fessenden)
yesterday in saying that on that side they did not
evident that ms (Mr. Bayards protest against 1t
would be Ruthless The amendment did not repeal
the jurisdiction OF the Circuit courts but took away
the right OF appeal to the highest tribunal Of the land
In his opinion the contrast between the bill as 1t or
gnally passed the Senate and the amendment subse-
quently adopted by the House was enough to con-
denn II. They came into absolute conflict with each
other. The same bill authorized an appeal in
cases to the docket for one one that would be
added by this provision for the protection OF liberty
and lfe showing the inconsistency of the argument
OF the senator from Nevada (Mr StewarD that the
repeal should be made because OF the press OF busi
ness In the Supreme Court. Had 1t come to this,
not those Of life ana berys The II inference was that
the Senator could find no better argument. Why
was the retrospective clause introduced If 1t was not
sought IN the McCarde case to supplement the argu-
ment by legislation? The Senator from Illinois (Mr.
Trumoulll mad told them they had existed since 1889
without this law, and could probably exist without
MIGHT buf nhipC.
ton was that 1t was retrospective in Its action.
It violated great general principle, recognized even
by the Roman EmperOrs and now recognized by the
law Of imperial France. He had not examined the
McCardle case, and had but a limited knowledge OF
1t; but there could be no question that this bill con-
templated divesting him or an acquired civil right,
which, according to Chancellor Kent, was condemned
by the laws OF all civilized nations 1t would be
nothing more, II passed, than stamping out the ex
that It would be considered without reference
to party. There yet remained two remedies. II
might be that the Supreme Court would decide that
the bill does not apply to cases already docketed
before 1t and already fled Were he judge OF that
court he should not hesitate on that question. M He
Stood before this bill passed. and subsequently dis
miss the appeal, denying the relief asked for If the
object was to preserve the miscaed Reconstruction
acts-and he saw no other--the bill was political
order Such legislation would be highly injurious to
any party attempting It,. The people would regard II
as equivalent to decision by the Supreme Court
that those laws were unconstitutional. He was one
OF those who loved civil liberty and he prayed God
mercy or the will either of single individual or a
congregation OF individuals.
Mr.. BUcKALEw, (dem.) OF Pa, called attention to
the singular fact that the debate had been all on one
side thus far. He also alluded TO the circumstances
under which the bill was passed. The bill was
announced by the Senator from Illinois (Mr. Trum-
buD as being totally harmless SO far as the McCarde
case is concerned but the member that oifered the
amendment avowed his intention to remove that
from the jurisdiction Of the supreme Court and
the member who had charge OF that bill applauded
that purpose II was fair to assume that the bill was
intended 70 take away the existing % r6s
denial of the Senator was feeble ant
fruitlcss. lie adyerted to the circumstance:
cases having been decided by the Freedmen'
Bureau as well as by the State courts. II was fel
to be desirable to have uniformity of ACTION Only
year had elapsed since the enactment OF the law
and they now protested against the repeal OF pro
vision OF that law securing personal liberty Tha
provision was found to be necessary now especial,
because Congress had undertaken power never be
fore assumed by them. 1t was necessary therefore 4
clothe the judicial department with commensurate
At this point (halfpast fve) Mr. FEssENDEN sug
gested that an agreement be made to take the vot
at one O'Clock tomorrow, as many Senators did nc
| desire to sit out the discussion.
| Mr.. BUCKALEw had no objection.
Mr.. MCCREERY, tdem.) or KY, proposed reces
until tomorrow at ten O'Clock.
After some talk the point Mr.. CONKLING sug
gested that no other legislation be taken up tongh
but this bill
Mr. BUCKALEw-I would certainly object to an,
House amendment being acted upon. Uaughter.)
Mr.. HENDRICKS you'd agree TO any understanding
that would enable Senators tc 20 home. He did no
desire to speak to empty benches.
Mr. BUCKALEw continued. lie said the law hat
been framed for the protection OF the freedmen an!
Others from the operation OF State laws, but sucl
was the imperfection Of human language that TIN
law was forced to apply as well 10 the rights O
whites as blacks. Ii was unfortunate that laws
could not be framed always 10 favor friends
But the nature OF justice was such that friend ant
foe must alike be affected by the laws which W.
enact II was, therefore, no objection TO the law
1867 that IL could be invoked by not belonging
to the class for whose benefit it had been framed
to Prevent the demoon Of the acts
by the supreme Court. What a spectacle 1t was
that single, humble individual, dwelling on the
this bin, with all their influence, into the supreme
Court and there, by the simple force OF law and
reason & M al and right, perchance overcome % and demo
In the course OF his eulogium on the law and the
august tribunals Of justice, whose power la this en-
lightened age was migier than the force Of armies
Mr.. MORTON, (rep.) OF Ind asked him to give way
Mr.. WILLIAMS reminded the Senate OF their under.
standing yesterday that vote was TO be reached to-
day, and
the manner in which the Supreme Court as II now
exists had been constituted, referring TO the egisa-
ton which at one time increased the number Of
justices TO ten, and afterwards, for merely political
reasons, diminished it to eight, to be reduced 10
seven when a vacancy occurs He spoke OF the bill
which had been introduced into the House with the
csing function which Mr.. Marshal and all the emf
nent jursts OF the land had ever regarded Of
its highest and most indefeasible; and why, he
asked is that bill allowed to sliimber hereY Because
you find that Il will not answer your purpose; for two
thirds even Of the court which you have consti-
tuted will not uphold you In your unjust sand
unconstitutional legislation. He quoted the declara-
tion Of Mr. Madison, that "the great danger to our
institutions lay I'm the tendency OF Congress to
croach upon the other departments Of the govern
ment,r and maintained that the action OF this Con-
gress had been to strip both Of them OF their most
important prerogatives. He appealed TO the party
ia power TO rest content with their present triumpha
and 10 90 before the people for their decision but i'm
pored them not to lay sacrieglous hands ON the
Temple OF Justice.
The bill was then passed over the veto by the fol.
lowing vote:-
Yens-32.
Cameron, rep, OF Pa. Morton, rep. OF Ind.
Cattcll, rep, OF N. j. Nye, rep. OF Nevada
Chandler, rep, OF Mich. Patterson, rep, of N. III.
Cole, rep, OF Cal Pomeroy, rep, OF Kansas.
Conkling, rep, of N. Y. Ramsey, rep, of MINI.
Cragn, rep, OF N. II. Ross, rep, Of Kansas
Edmunds, rep, OF w. Stewart, rep, of Nevada
Ferry, rep, OF Conn. Sumner, rep, OF Mass.
Frellnghysen rep, OF n j. Thayer, rep of Nebraska
Harlan rep, OF Iowa. Upton, rep, Of Nebraska
Henderson, rep, OF Mo. Trurpbull, rep, of III.
Howard, rep, of Mich. Van Wrinkle, rep, Of w. Va
Howe, rep, of Wis. Wade, rep, OF Ohio.
Morgan, d., OF ". Y. Wfiams, Oregon.