New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-12-14
XLIsr CONGRESS-2D SESSION.
SENATE. WASHINGTON, Dec. 49, 1867
PETITIONS PRESENTED AND REFERRED.


ceased asking the return OF certain private P"PiS "
In possession OF the State Department; ,.-. -, ~,
Mr. TRUMBULL Rep, Inl-From the lawyers oi Nal
limited States District had been disabled by paralysis
and the necessity for the appointment VI al @uuion
Mr. COLE Hep., Cal)-A petition from the Chamber o
Commerce of san Francisco, asking for additional mai
patSHs We're also presented for pensons
the recognition Of Cuba and for the relief Of potlca
THE RECONSTRUCTION OF GEORGIA.
Mr.. CARPENTER qsep;, Wis from the Committee OF
the Judiciary reported Mr. MOrtOns bill to perfect the
reconstruction Of Georgia, with amendments.
The bill " amended provides i9I eonysn0g the oa bn %
all elected to the General Asemb
1853 and sIedse ali persons ineligible under The Amend
person shall be refused the Legislature on account Of
employ application Of the Governor the military and
Is provided that the Legislature Georgia shall be regarded
vsonal only until the further action Of Congress
Mr.. CORBETr rep. Oregon introduced oil 10 eS
tablish a Department OF Indian Affairs. Referred
FUNDING THE NATIONAL DEBT
Mr. CORBETT also introduced a bill 10 fund the ma
turing debt OF the United States by seiifundng bond.
coupons sd ae1 oDi to the, Itep
so e,h having hys years to I9u PogPs ana ana iI b . q,
tbe rat. Of I per cent per sHgn o lIs ~ y 0 @ tive
years following per The bonds and the income
Treasury NAV exchange the same at par io hyeWen BONDS al
option Of The hoden or he NAV place he az home OF
9s.s 5 1 aa sS gis ' be used IL
REGULATING THE IMPORTATION OF COOLIES
Mr.. WILSON rep, Mass introduced bill To regulate
the importation OF Immigrants under labor contracts
!! ~ t % Ste nls50s Their labor To- he specscalr per.
formed after their arrival 10 this country ha not De yd or
business importation contracting mdeme'nor punishable
than o. O0 snd three respectively 1t also makes the masters
agents vessels transferring such immigrants 90 The United
immSsSts seI their arrival whereby their pledged for
Term years with before they become citizens Of the
United States enesg their labor at less the for
ku Of labor the most favored parts Of the United states
made the duty SuPerutendeHts Of Immigration and Cusomoae
Mr.. SHERMAN rep, Ohio introduced bill 10 amend
the charter Of the National Junction Railway Company
Mr.. CONKLING rep, \. " introduced bill repeal
ing all laws authorizing the transmission Of matter III the
mails free OF postage. Referred.
RETIRING I. :. JUDGES.
Mr.. CARPENTER Rep., WIS., introduced bill pro
sideuf of the Tinted States TO his satisfaction that
any Judge Of the Supreme Court Of the United states
srGuent 10 his appointment and confirmation be con-
sidered totally and permanently incapable OF performing
the duties of his office, the President shall accept the
guaton the Secretary OF the Treasury and there
such Judge shall receive the same salary during
his natural life that he was by law entitled TO receive at
the time OF his resignation.
GEORGIA REQUIRED TO RATIFY THE FIFTEENTH AMEND
MENT
Mr.. MORTON G2ep., Ind, by unanimous consent sub
united amendment to the Georgia bill making the
admission OF the State conditional upon the adoption OF
the Fifteenth Amendment.
Mr.. HARLAN rep, IOwa) introduced bill to pro
vide that officers OF the army, detailed 10 act as supen
cndcuts agents in the Indian Department shall give
bonds disbuIsing officers; also bill TO establish
provide for the payment OF pensions quarterly Referred
Mr.. SCOTT rep. PENN introduced bill TO extend
the time lor presenting claims for additional bounties
Mr.. OSBORN Rep., Fla) introduced hill to provide
building Tor the Government offices at JACKSONVILLE
Mir. KELLOGG Rep. La introduced bin to author-
ize the Enlistment OF NayyYard at New-Orleans ;
also bin declare forfeited to the United States GER
tain lands granted TO aid the construction OF railroads IN
Alabama. Mississippi and Florida, and for other pur-
Mr.. C6ssERLY Dem, Cali introduced bin amend
,4fV rf ina IN h.
grants Of public lands TO the State Of Nevada Re
Sir. CONKLTNG Rep.. n. " offered a resolution.
-wIch agreed TO, nstructng the Committee on the
Revision OF the Laws 10 inquire whether the mode OF
printing. paging, iudeXiug arranging and binding the
United States statutes under the contract for that pur
pose, Oueht not to be altered and improved
Mr. ROSS rep, Kansas offered resolution, which
was agreed to- directing the Secretary Of the Interior 10
partmen relating to the disposal Of the tract Of land
Kansas known as the Black Bob Shawnee Reserva-
premises until Congressional action can be had IL reIa-
THE SPANISH GUSBoATs.
MIR. CARPENTER Rep.,Wis) submitted the following
purchased or United States behalf Of The
ogerumeut Of Spain be employed against the rsvoed district Of
Cuba should Be allowed de from the United states during the
Tie resolution was laid on the table by request Of Mr.
Carpenter who gave notice that he would call 1t up on
REGULATING APPOINTMENTS.
Mr.. TRUMBULL rep, III from the Committee on
the Judiciary, reported Win an am9humehI tne D 70
Relieve Members Of Congress from Importantly and 10
Preserve the Independence OF the Departments OF the
The b smsnd.d prohibits by members
punishable by fue not exceeding 8 600 The clause
owg recommendations 10 to written requests from
heads OF Den = stricken
REsTRIcTING TIE JURISDICTION OF Z. S. COURTS:
On motion OF Mr.. DRAKE QSep, MOI the Senate took
mp the bill define the Jurisdiction and powers Of u s.
Courts The following Is the bill
enacted y s sHqi. and H9s.s Of Rcgr ,, q ne
aiet by Az act Of Congress or Judge thereof hA nave power 20 a1
ds "a & Coss,op of ne United sse or for auy supposed
jurisdiction the Supreme Court Of the United States be construed to
authorize that court p case nov pending OF hereafter sIS1ga
% op ~ ,ft ans s ysy.s y's,tsd and s5sp,
o Of said Supreme Court iurhesnoe Of the
such appellate Jurisdiction make order authorize issue
writ process take any preceding based upon any '''h uas
Mr. DRAKE said Mr. President: Two years ago. in ad-
dressing the Senate incidentally recognized the right
OF the Supreme Court OF the United States TO declare
act OF Congress invalid for uDcOnsttutonality. few
months aferward against all my legal education and
preconceptions, against the reiterated rulings Of
that Court, against all professional tradition, ana
against the authority Of all the writer's on American con-
stitutonal law found myself involuntary doubling
that right This question forced itself upon me, D0es
the Constitution vest in body Of the exclusive
ower 10 make laws for the nation and at the same time
To answer mis- Automatically as the supreme Court in
effect claims II should be answered presented to my
anind extraordinary sOlecsm as well as so grave an
impuatOn upon the legal aCumen and common OF
the trainers OF the Constitution, that led from
this point into examination Of the whole subject.
one embarrassment meets me at the threshod-the pos.
siblity, perhaps probability, OF my being unable 10 nm
part Others the strong conviction OF mind that
This subject cannot be seen In s true hight or treated on
principles except from high national point Of
view the National Government the only known
10 US we should have no difficulty In considering IL on
,Wpev national princpies: bnt there Is an mpediment
to tins, which desire In the outset II practicable 20
move IL il found in the influence Of the practice OF the
States We have been long familiar IN all the States
with the exercise by their Judiciary Of the 10 de-
clare the Of their Legislatures void for unconsttu
tonay that its influence is felt by almost every in
the consideration Of the power Of the Federal Judiciary
acts OF Congress But there Is a wide difference
between the cases. The judicial power" under the
Constitution Of the United States, will be fully
shown presently, IS that which understood and
known as Judicial power at the common law when the
Constitution was formed. In $751; What that power was
then 10 Is nOwnO less and it Is incapable OF
largement dimnutiOn. either act Of Congress