Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-02-05
FORTIETH CONGRESS.
This Afternoons Proceedings,
WEDNESDAY, February S,

| WEDNESDAY, February S.
| SENArE.-Mr. Edmunds presented a memo
rial from the Consul of Hayti, asking a subsidy
| to establish a steamship line between the
| United States and the Island of Havti. Re
| 1erred to the Committee on Post Offices and
| Roads
| Mr.. Pomeroy presented petition of 500 citizens
OF Illinois asking universal suffrage, male and
| female, in the District of Columbia Referred
| to Committee on District of Columbia.
| Mr.. Howard introduced joint resolution au-
| thorizing the Secretary of War to employ coun-
| sci 10 defend the General OF the army, Major
General George G. Meade and Brig General
| Ruger, Provisional Governor Of Georgia, IN
| any suits which may be brought against them
| in the performance of their official duty
| Mr.. Hendricks would like TO know the neces
| sity for this resolution. He thought the Secre-
tary of War had already the power to appoint
| Mr.. Howard asked that letter from Secre
| tary Stanton should be read from the desk
The Secretary states that Gov. jenkins, of
Georgia, Is, as he is informed, about to bring
| suit in the Supreme Court against the officers
named. and he asks the passage of a resolution
| in giving HIM the power to employ special
counsel to defend them.
Mr.. Howard said that ii was notorious that
the Attorney General had already declined TO
appear for the Government in a case involving
| the reconstruction laws of Congress. 1t was
the duty Of this officer TO defend the Govern
| ment, but that officer had declared these acts
null and void, thus placing himself IN such an
| extraordinary. attitude that the Government
| 1t seemed strange to him (Mr H. that the
! highest law officer of the Government should in
| advance Of the decision of the Supreme Court
express the opinion he did. He (Mr. H. con.
demned these partizan decisions.
Mr.. Sherman expressed the opinion that the
Attorney General had been conscientious in
| his action.
Mr. Johnson thought the Senator (Mr. How.
| ard) did the Attorney General injustice. The
President, in pursuance of his undoubted
authority, had called upon the Attorney General
tor n N nrNtn an fhxa ctr
that offic Ger, in accordance with his duty had
furnished the opinion asked for. He (Mr J J
had no doubt the Attorney General had given
the opinion he did cOnscientiousy, and it would
be singular spectacle for him to appear in the
Supreme Court, where his own opinion might
be cited against him.
Mr.. Howard had no desire to impugn the
conscience or the sincerity of the Attorney
General. but there was a simple and easy
method to get rid of the whole difficulty II
the Attorney General was unable 10 appear in
the defence of the law-making power of the
Government. let him resign, and allow his
place to be filled by some one who has no con-
soientIous scruples On the subject. After these
acts had been affirmed by two-thirds vote of
both Houses of Congress, the member of which
We're as good Judges Of constitutional law as
the Attorney General himself, he (Mr HI
thought that officer need not be so chary of an
pedring In the Supreme Court.
Mr.. Hendricks asked if two-thirds vote of
Congress made law constitutional!
MIR. Howard.-Primd fdcie it does.
Mr.. Hendricks said the Constitution was the
supreme law of the land. and was supreme To
any law not in accordance with Its provisions
He denies the right of the Senator to criticise
the action of the Attorney General. 1t appeared
TO him as If this matter was being made a parade
of tor some ulterior object; there was some
design in getting il before the country. From
the letter which has been read here it seems
that no suit has as yet been brought
Mr.. Conness said last spring, in the case
brought by the State of Mississippi, the Attor-
ney General had appeared and made such an
able argument that hp haa
di missed the case on the ground of non -iuris-
diction. 1t was not until at a political ceIe
bration in this city, on the eth of January, that
the Attorney General changed his opinion, and
pronounced the reconstruction laws of Con-
gress unconstitutional. This aspect of thu case
had probSbiy escaped the attention of his friend
from Indiana, Mr.. Hendricks.l When the
Attorney General found himsel. in such no.
sitiOn that he could not defend the acts of Con
gress, it would become him to lay down his
commission.
Mr.. Buckalew said the Attorney General had
not discussed the question of consttlItionality
last spring. but only the question of iurisdic-
ton; and therefore had done nothing inconsist-
ent with ms present position. In regard to
what he may have said at a political gathering
there was too much prominence given to it, He
supposed that the Attorney General had the
same right, outside Of his official sphere, to dis
cuss political matters, as he (Mr. b. or the
Senator from California (Mr. Conness) had
Now, in regard to this resolution, it proposed
to give the Secretary unlimited power to ap-
point counsel, and we would probably have a
renewal of the magnificent fees which We're
paid in the Surratt trial.
The joint resolution was then passed fIt
authorizes the Secretary of War to employ
counsel to defend the abOye named officers, and
all other officers OF the Government in any suits
arising out Of the reconstruction actsl
On motion Of Mr. ConkIing, the Committee
on the District OF Columbia We're directed TO
inquire whether any further legislation is
necessary for the protection and security of
passengers riding in the cars Of the Metropoli-
tan Railway Company.
Mr.. Pomeroy introduced a bill amending and
extending the provisions of the homestead laws
Referred TO Committee on Public Lands
Mr.. Henderson introduced a bill amending
the act donating land to States which may es.
fablish agricultural and mechanical colleges.
Referred TO Committee on Public Lands.
MI Hendricks presented memorial from
many thousand laborers of New York, asking
me passage OF an eight hour law Referred to
Committee on Naval Affairs.
Mr.. Ross introduced preamble and resolu-
lions OF the Kansas Legislature relative to the
obngauons ana rights Of naturaliZed citizens,
ana the action OF Great Britain in arresting and
trylng such citizens, and urging upon Congress
the passage of laws for their adeq uate protec-
llon, and asking for the recall Of any of our
diplomatic representatives who fail in their
duty. Referred to Committee ON Fore,rn Re-
lations.
On motion of Mr. Fessenden, the Committee
on the j Judiciary was instructed to inquire into
of February ~, 1853, sto temporarily supply
vacancies in the Executive Department in GER
tain cases." n ..H.E o.
The Supplementary Reconstruction bill was
then taken up, on which Mr.. Morrill,, of Me-
was entitled to the floor. ST.
HOUSE OF Es.-General
Jonn Beatty, member OF Congress elect from
the Eight District Of Ohio, to supply the vacan-
~ occasoned by the death of Hon. &. s. Ham,
ilton, appeared in the House this morning and
was qualified, by taking the oath OF Office
MT. Cook (lll y from the Committee on Roads
and Canals, reported back the bill for a railroad
and telegraph line from Washington to the
pennsylvania State line, to connect at a point
on the Northern Central railroad, and it was
ordered to be printed and recommitted
On motion Of Mr.. Wilson, (Iowa) the bill for
the protection of witnesses, &c I'm certain cases
with the Senate amendment thereto, was taken
from the Speakers table and referred to the
Committe on Judiciary. fa'7
The House resumed as unfinished business
the bill pending yesterday to declare forfeited
certain lands heretofore granted to the Southern
States for railroad purposes; the pending oues-
non being upon the motion of Mr.. LavrencefOO
to lay upon the table the motion to reconsider
the vote whereby the main question was or.
dered yesterday. The question was taken by
yeas and nays, and the motion to reconsider
was agreed to; yeas, 81; nays, SO. as5FI2 -.
The question was then taken upon the amend.
nent proposed by Mr.. Arnell, OF Tennessee. to
exempt the Nashville and Decatur railroad
ment was agreed to--Yeas 81, nays S. vTa1
Mr.. Taber IN. z moved to lay the hill and
pending amendments on the table. AR4iected-
The question then required upon the amend
me0t of Mr. PYLE. Mol providiuo .<t,.t tho