The New York herald., 1869-12-17
FORTY-FIRsr CONGRESS.
Second Session.
SENATE.

WASHINGTON, Dec. e, lo6y.
PROTECTION OF PuBLiC MEETINGS IN TIE DISTRICT.
Mr. WILSON, trep.l OF Mass, offered a resolution,
which vas agreed to- for information from the judi
cary Committee whether any further legislation is
necessary for the protection OF public meetings in
the District OF Columbia. He said that public meet
lngs In the District had recently been interfered
with and 1t was necessary for the vindicauon Of
The rehts OF the people peacefully to assemble that
some action should be had.
THE YERGER CASE.
Mr. THURMAN, (dem) Of Ohio, offered resolution
that The Attorney General be requested TO inform the
ssnss he a Ssats e ps The 'pH es ESs Say
exists whereby Yerger, OF Mississippi, now under
81 81 asa ns onsa osss & s" s M 9s sua4ss assssa a
Mississippi, or otherwise disposed of, In
case Congress by any legislation should take away
restrict the Jurisdiction Of the Supreme Court TO
hear and determine the proceedings before the said
for the discharge of the said Yerger habeas
corpus; and also II any arrangement exists whereby
the hearing Of said proceedings or any application
been delayed or IS now delayed and that he furnish
the Senate copies OF all agreements entered into he.
tween him as Attorney General and the counsel OF
said Yerger III relation to the said case.
MIR SUMNER, lrep) OF Mass, objected to its present
consideration, and The resolution went over unoer
the rule.
ACCOUNTS OF THE LATE SECRETARY OF THE SENATE
Mr. CRAGIs rep OF n H. introduced e oIat resa. ,,.
secretary OF the Senate, which was read.
sone objection some months ago TO the accounts OF
Colonel Forney, 1t his duty now TO acknowledge
that SO far from Colonel Forney having done wrong
hehad unfortunately Deen the subject OF the wrong
doing OF others the confidential ocer the late sec
retaiy having Incorporated moneys To the great
injury OF his principal. He was satisfied that the
accounts OF Colonel Forney had been satisfactorily
closed the deficiency having been made up In some
way, either by that gentleman himself or by his
friends, and that tae governments mad not lost
cent
By request OF MIR. Cameron statement by the
First Comptroller OF the Treasury was read, show
ing that the accounts Of Colonel Forney had been
fully adjusted
The JOINT resolution was then passed.
PERFECrING THE RECONSTRUCTION OF GEORGIA.
on motion OF Mr.. MORTON, Tep) OF Ind. the
Senate TOOK up the bill! to perfect the reconstruction
Of Georgia, providing for the assembling of The
eligible under the fourteenth amendment, and per-
mittng no distinction OF race or color, said Legis-
lature to be regarded as provisional until the
further action OF Congress. Mr. Morton's amend
mcnt vas read, requiring that the Legislature shall
be provisional until alter II has ratified the four
teenth and fifteenth amendments and the State
represented in Congress, aud 1t provides penalties
for the exercise OF office by ineligible persons.
Mr.. CARPENTER, trep.) OF WIS, thought the amend
ment was unnecessary and pernicIous He said that
II might give to the Southern people good reason
10 say that while In condition OF duress, the terms
OF their admission were dictated by Congress. lie
did want any future Jcr Davis TO bring in bill
OF exceptions and move Tor new trial.
Mr.. DRAKE, rep OF NO., sad tnat the rebels OF the
South should be made TO tee the power OF Congress;
that the inlamy OF tnat Georgia Legislature should
be wiped out by ap act Of reflbution, ana that the
loyal men OF tiat State should be heird and should
be represented. 1t must be understood that there
Is Congress OF the nation tnat Welded the
sovereignty OF the nation aud whose power could not
be stlangled W the supreme Court or any state
authority.
Mr.. MORTON said that the original bill required the
adoption Of the fourteenth amendment. That could
not be Absolutely compelled by Congress, but should
e. p9ea 9, The ne terms as, submitted So gr to that
aud Mississlppi the condition was required OF the
ratification OF the fourteenth amendment, and there
sus Ss %a5 10 not d SuS Of oo G
from her own treachery. There wa5.n6 Security
or the reconstruction measures except by mantalil-
ing the prlucipies OF universal suffrage. Ana why
should We incur risk unnecessarily Those States
had gone ont OF their own wili. but they should
return only upon the conditions 10 whica they had
subjected themselves; aad now was the time to
impose all conditions, Tor at subsequent stage il
would De USELESS
JURISDICTION OF THE SUPREME COURT.
Upon the expiration OF the morning hour the un-
finished business, being the bill relative to the APP
| peilatc jurisdiction Of the Supreme Court, was
| taken up
Ar. lErMnuIr repl OF Ill., said that he. fdlly
reco9nzea the necessity ior division OF tue
/ ccntraiion or all powerIn the hands OF one
ieEdel toward despousm, and that the liberties
tanned by The fullest regard tor The rights OF powers
| OF the departments Of the general government
and OF tue states. Whie yielding all due respect
70 the judiciary, MS object was simply 70 define Dy
this Oil the powers OF that department; and this
definition "ouid not exceed, by one step the limit
| when the Supreme Court had already laid down.
Inc bill had not been framed with any view or inter-
fering win any question now pending but 10 take
from the court jurisdiction which II now claimed
to possess. In support the position that the courts
had no jurisdiction over political questions the Ian
guagc OF the supreme Court IN various decisions
furnished evidence. In the course OF lengthy legal
argument he contended That upon questions invov-
ing conflict between statute and the constitution
1t was the duty OF me court to define the meaning
OF the sovereign authority, which was the constiti-
ton. The court had never claimed authority to
decide political guesuons as was shown by the lam
puage OF the court itsel1 IN various DECISIONS, IL
had repeatedly conceded 70 Congress the authority
vested therein by the constitution TO decide what
govern ment was the established one In State. Tne
idea appeared 10 have gained credence that the oo
ject OF the bill was to overthrow the rahtu powers
Of the judiciary, and fhis ne emphatcaliy denied.
ment restricting the powers OF justices OF the Su-
preme Court IN issuing writs Of habeas corpus 10
the cases OF persons within their respective districts
RECONSTRUCTION or GEORGIA AGAIN.
Mr.. THAYER, Tep) OF Neb, moved TO take up the
Georgia bill previously under CONSIDERATION. Agreed
TO.
Mr.. CARrENTER said lie MOnld never vote 10 admit