The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-01-24

encourage and protect inventors Of new kinds Of
fruit. Referred to the Committee on Patents.
Mr. FARNswoRTH lrep.) of Ill.,, offered resolution
calling on the various heads OF departments for In
formation to buildings rented by tnem ID the CITY
Of Washington. Adopted.
Mr.. KELSEY. trep) OF N. Y, offered resolution
calling on the Secretary Of State for information a
to the property or william r. Harris an American
citizen who died in Bahia Brazil n lSSz ana VICE
property was seized BY on1cers q the Brazilian gov
on motion OF Mr.. spALDrNd, trepl Of Ohio, the
Senate amendment to the House Joint resolution,
providing for the deposition OF certain papers re-
OF the West was taken nom the speakers table ana
cure to certain members Of the Miami tribe Of In
diana the lands TO which they are entitled. Refer
red to the Committee on Indian AFFAIRS
nsruens he on the pct 81 cou
bia to inquire whether the Baltimore and Ohio Rail-
road depot II my % n nSn % oe n
from the public grounds, and where II win interfere
less with city pOpsyy and wan less o0srucs the
calling Mt ass sss q treasury or
Saho "a and as -" to the deaicaon Of the former Sec
rotary Of the Treasury. Adopted
the NEUTRALITY-SUSPICIOUS. Of the rights Of women in the
District OF Columbia, authorizing. married women 70
n II Dse q
CONSTITUTIONAL AMENDMENT.
After discussion as to the order Of business NJ;
amendment and bill in regard to sufrraee and
opened the debate upon IT, This was the last q q
the right OF Suffrage was secured to all
citizens OF the United States without re-
established on secure basis. 1t was impossible for
this Congress the republican party 10 escape tnas
rom mere party point Of view; but the situation
was peculiar. The democratic party rom TIVE OPEN
ing OF the war until now had been dentmea wiz. ~
the Union nv and through the influence Of war. 10
the republican PARTY the nation was indebted TOT iss
existence and therefore 1t was responsible Tor tne
prosperity and peace Of the nation which Il nad
saved The COMMITTEES on Reconstruction invited
examination and criticism TO the phraseoiogy and
| objects Of the proposed amendment and law. The
frst section Of the bill was in these Words
sS ri. q, he Chi sa
q the Tne ss s ?. f o s sss
~ s 81 .ry Fl Is he
1on Of anv State With this section hereby
| declared to be null and void
The second and third sections, he said, were merely
remedial and primitive and need not be particularly
i considered. The fourth section provided penalty
for the exercise Of any once by person wnose sis,
| qualification under the fourteenth amendment nad
not been removed. and the nth section gave excu-
| sve jurisdiction to the United states ronrts. ne
| claimed the right OF Congress to lep1slate on
the question OF suffrage independent OF any action
on the part OF the States It must be 80 in the very
Constitutional means to provide for its preserva
/ ton and continuance. II the doctrine fhat the
States had excl jurisdiction Of the subject were
true then the States might refuse to choose electors
OF President and Vice President or 10 send members
Tins stop The action OF the government 1t had been
assumed that under the section OF the rst article OF
or ss se e ran, That g did NO
such thing. II was an Injunction only that the
1 bnAw Mt
stitution also provided that each state shouid pre-
scribe the time and manner Of holding eleciions:
The view he took OF the word ssmanner' was that II
ncluded everything relating to the election from the
qualification OF the voter to the deposit OF the vote
Mr.. ELDRIDGE, (dem.) OF Wis.,, inquired whether
the States possessed no powers except sucn as were
acty the other way that the United states govern
ment had no power except such as was granted BY
Mr. boutwell, replied that If the constitution says
that State shall have certain powers, even though
there NAV be no negatye IN tne proposaon, o tne
Patrick Henry as to the power assumed by Congress
to give to the States the right to control the manner
OF elections, In which he aaid:-
To my understanding It plain and
that @ m gysr 4: ne ss Of hs hs
dangerous latitude They may modify they please They
involving ae any e he
he also quoted Madison as saying:-
re question then 8 whether hs control {, elections,
subject the control o. the general government s not
obcu. that the general government would be destroyed
He reviewed the debates on the constitution that
took place in the States to show that the OPP
section OF the first article gave Congress complete
control over the question OF sua9e and the friends
conclusion OF the whole matter was that the power
| to make regulations concerning elections was vested
the states ana aas tne o. iae general vera sov
prehensivc, and was necessary to its existence In
other words the power was in the States subject to
| etxn tu0n md nj he mar
government. He also based the power Of Congress
over the matter on that provision OF the con-
10 each State o republican form OF government.
n part OF the people were excluded from all
share in the government that was an aristocracy
Mr.. NIHrAcx, tdem.) Of IND. inquired whether
that principle did not as well apply to the exclusion
OF women from the right OF suffrage.
Mr. BOUTWELL, replied that he saw q party coming
which promised to make more rapid strides than a,
diana mr. Niblack, would 60 with him In granting
suffrage to all the male citizens Of the country over
color. he mi. boutwell, would then listen most at
tentiveiv to any argument he might make In favor
Mr.. EIpRIpoE-wiii you vote for III We ara
doing the same thing, listening TO your arguments
Mr.. BOUTWELL, f. resumine the thread Of his areds
ment NJ TO the differences between republic and an
srstocracy; said that Il Congress found that these
| not republican IL became tue duty Of Congress "a
exercise the power vested IN II by she constitution
| and 70 make those governments republican by law.
Mr.. JoSEs. tdem.D OF Ky, asked Mr.. Boutwell,
whether he held that the constitution prevented any
State from regulating the right OF suffrage and II 30
how he construed the tenth amendment Of the con-
/ stitution.
Mr.. BOUTWELL, sand he had already argued that
proposition on the provision which gave the states
power TO regulate the time, place and manner OF
holding elections. The tenth amendment Of the
stitution did not apply TO the subject at all He went
on 10 discuss the provisions OF the constitution de-
carng that citizens Of the United states are citizens
ri the state wherein they reside and that state
shall make enforce any law that shall infringe tho
privileges or immunities OF citizens OF the United
States That Inhibition. he argued, applied a. wolf
10 the deprivation of rights derived directly rom
the general government 20 those rights derived
| directly nom the state government IL was COM
/ prchensve inhibition on the states.
Mr.. WAND. lrep.l OF n. u. remarked that he had