The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-09

10 nave her vote counted; and thought the resolution
OF Georgia would not change the result.
MI: EDhUNDs, lrep.) OF VT, Thought the evidence
conclusive tnat Georgia was not entited TO have ner
vote counted but as there was difference OF opinion
upon tnat point he had introduced the resolution SO
"a 70 avoid the necessity, which would otherwise
Mr. HEsDRncRs, ldem.S Of Ind. prieny discussed
the resolution and said the amount OF 1t was, that
for While, ia the counting OF the electoral vote the
vo!e Of georgia was to be counted. but finally was
MIR. WHITE, ldem.) OF Nd, could not see any pro-
prey IA raising the question as TO the right o.
georgia 70 representation or to have her electoral
vote counted when sine already had Representatives
sitting In the House.
T e sae he
III there was any tmpediment arose.
Inc discussion was interrupted by the expiration
OF the morning hour, which brought up
THE CONSTITUTIONAL AMENDMENT.
floor. but
Mr.. EDMuNDs appealed to him to give way for a
vote on the resolution with regard TO counting the
electoral vote Of Georgia.
MIR. SALISBURY declined, and proceeded to adj
dress the Senate on the constitutional amendment
He regarded it as an amendment to the constitu-
ton, cut as an attempted suDversi0n Of II aud all
state constitutions The fathers OF the constitution
mad s0iemnly yoted down in convention the proposal
70 MAKE the federal government national one; but
their wiser descendants, who had the advantage Of
N an age Of and learning their
IN dong that winch the great men OF the reyou-
tionary period had SO carefully avoided. This
amendment, however, was simply part OF the gene
raj programme OF the radical party-a party already
guilty OF such tyranny that IL would be well for
coming generations II forget1ulness OF their atrocous
acts should come over the human mind and the his
torlans pen be paralyzed IN recording the same.
He warned the advocates OF the measure, who were
were proposing to admit to the right OF suffrage a
class OF persons whose interests and character
would be very likely to make them vote for repndla-
ton. Tie Senator from Nevada had declined to
give any reasons for the adoption OF this amend
ment thinking 1t was enough TO say that
ran was Inc M VIM sa aGs Of the repus
too. The proposed amendment, striking down
one OF the great rights OF the states was indeed
appropriate GROWING act OF that infamous party, IN
regard TO which, his own descriptive vocabulary be-
ing exhausted, ne could only say, in the worus OF
hoy writ That from the crown OF its head TO the
sole OF Its ,foot there was no health in IT, That
party was the murderer OF the constitution OF this
country and, therefore, in dismlssing Ii, he might
appropriately use the language OF the judge when he
mas pronounced sentence upon murderer May
God have mercy on your soul.n
Mr. NYE, Tep.) OF New, suggested that always
when the Judge reached that point he stopped.
tLaughter.)
Mr. SALISBURY said he would answer the Senator
from Nevada with one OF his own anecdotes A
man Passing along road discovered neIghbor,
whom he knew TO be Unlversalist, beating q
dead skunk, whereupon he demonstrated, saying,
elbow is 1t that you, UniversaIist VINO do not be-
lieve in punishment after death, are INJECTING it
upon This poor skunk % 10 which the Unlversaiiat
replied to be sure he did not generally believe in
u
knew this particular skunk deserved such punish
ment, and he was bound to give 1t to him. (Laugh-
teri SO he (Mr. salisbury, although he had pro-
nounced sentence upon the radical party felt bound
TO go on den0unc1ng 1t.
MIR. NYE suggested that the dead party was not the
republican, but the other one.
Mr. sAULsDURY-No, sir; it lives it lives and you
saw the manifestations Of its lie when you took as
your candidate man VINO had always protested to
be democrat aud found II necessary to take him to
carry you through the last Presidential election.
Mr. EDMuNDs here suggested That, in view OF the
nearness Of the day on which the electoral votes
must be counted, II was necessary some action
should be had upon his resolution In regard to the
mode OF counting the vote OF Georgia. He there
fore asked the senator from Nevada Alr Stewart to
consent to suspension Of the debate on the amend
ment long enough TO allow the Senate to act on that
resolution.
Mr. STEWART, trep.) Of New, did SO consent, and
Mr. Edmunds resolution was then passed, yeas "a,
nays IL.
Inc senate then resumed the discussion Of the
constitutional amendment, upon which
Mr. FRELiNGHUYsEN, trep.) OF n. j., made q brief
speech. lie thought it unnecessary To reply 10 the
State rights. That question had been sufliciently
discussed IN this country and IN regard to It he
would only say That II State which could neither
make war nor make treaties, nor coin money and
whose territory was subject 10 the laws OF another
and higher power-the supreme law OF the land
name r =. a vas Az sovereignty , ony IN
the other side OF the chamber opposed
the pending amendment a,,n to the constitution
and professed to believe in democratic government,
and the object Of this amendment was to give to four
millions Of free taxable citizens of the republic a
voice In the governments thoroughly democratic
object. There was another reason why those Sena-
tors should not oppose the amendment. They had
complained that the establishment Of negro suffrage
at the south was tyrannical discrimination against
that portion OF The country but this amendment was
proposition TO extend the same rule to all the
States, thus relieving the South from Its exceptional
position, and therefore they ought to support 1t.
lie preferred the amendment as reported from the
Judiciary Committee to any OF the substitutes offered
"a
States OF the right to regulate suffrage each it.
SELF He did not Ike the proposition OF the Senator
posed TO take away that right from the States and
because that senator's argument had failed to satisfy
him that the general government had right as
against State, to regulate the suffrage.
Mr.. DAVIS, ldem.l OF ky., took the floor and an
nounced that he proposed to discuss the pending
amendment for several hours whereupon the Sen.
ate took recess until seven O'Clock.
Evening Session.
The Senate reassembled at seven O'Clock
The PRESIDENT announced the appointment OF
Mr.. Harlan as an additional member OF the Com
THE CONSTITUTIONAL AMENDMENT
Mr.. DAVIS, tdem.) Of KY, being entitled to the
floor yielded II TO Mr. ABBorr. trep) OF N. c., who
made an argument in favor OF the amendment He
believed the time had come when the power OF the
general government should be felt over every foot OF
It's territory 10 protect all classes OF citizens in their
rights and II II had not power enough to make itself
felt he was In favor Of giving 1t such power. He
wished TO have this constitutional amendment
authority TO propose 1t; second because IL was
eluitable third, because IL was expcdient. In re-
gard to the form OF the amendment ne preferred one
OF an Affirmative character, as suggested by the
Senator from Indiana (Mr. Norton.
Mr.. DAVIS then resumed the floor and spoke at
length against the amendment. He insisted that the
power OF Congress to propose an amendment to the
constitution was restricted power. Congress was
authorized by the constitution Itself 70 propose
amendments 10 the constitution, but not TO propose
by way OF amendment, anything inconsistent with
the scope and design OF che original constitution
To determine whether a change proposed was a
legitimate amendment or Revolutionary proposition
IL must be compared with the original instrument
The pending amendment. tested In this way would
be found revolutionary and suoversIve OF our sys-
tenn OF government IL proposes, In effect. TO
change, not only the constitution Of the United
States but also the constitution OF every State in
the Union: and he asked any advocate OF 1t to show
where Congress could get the power to change the
constitution OF state. But II was useless to argue
the question OF constitutional right the proposers
OF this amendment, because II was not based upon
any such right, but upon selfish desire for the pre-
petuation OF party power.
The following amendment. which had been pre-
yiousy offered BY Mr.. Davis, was then voted
down.
But Congress having authority 10 propose amendments 10
the Constitution Of the United states only, this provision IL
intended 10 apply to- In any affect the prin.
cples and forms the States
ganixed by their respective constitutions