The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-02-09
FORTIETH CONGRESS-THIRD SEssI0l
The Night Session of the Senate,

WASHINGTON, Feb. 9.-The following is the
eontinuation OF the report OF last nights ses-
proposed constitutional amendment.
At three o'clock this morning
Mr.. Morton made a very ingenious attack
upon State sovereignty, and upon the Demo-
cratic par ty, which ne said had lived for twenty
years upon Its hostility to the negro, and was
now embracing the putrescent corpse of
Mr.. Doolittle replied in defense of State
Mr. Morton said he did not deny the exist
ence OF State rights, but only of State sove-
Mr.. Doolittle said that 1t was essential to the
continued existence of our Government that
the rights of the States should recognized as we'll
as the rights OF the Federal Government. In the
course OF his remarks he expressed the opinion
McArdle case that the military tribunal by
which he lMcArdle) was tried was inconsistent,
the Chiel-J Justtce would nave been nominated
at New York for President and would have
been elected
Mr.. Drake asked him whether If the court
had declared the tests OF Congress unconstitu-
tional, that decision would nave been OF any
MIR; Doolitile thought it would, and would
have been acquiesced in by all departments OF
the Government.
Mr. Drake denied that the Supreme Court had
o constitutional right under any circumstances
TO pronounce any act of Congress uncOnsti.
Mr.. Whyte (Md.) asked him whether If the
Supreme Court snould decide that the legal.
tender act TO be unconstitutional, the decision
Mr. Drake replied, not at ALL and he would be
found standing TO his position, and both houses
of Congress would have to come TO that posi-.
tion at last, or else sweep from the bench of the
Supreme Court the men who sdare attempt o
cripple, by their judicial decisions, the law
making power Of the country.
Mr.. Norton. at 220 A. M, moved to adjourn.
Lost-Yeas, IL; nays, 25.
Mr.. Davis spoke Tor one hour In an eIucidation
of his views of the capacities or incapacities OF
the negro.
Kentucky had lived for time In a recon-
structed State. because then he would have seen
that the negro, although not the equal of the
white, had yet within him the germ of i'm
provemept which Will enable him to develop
ins9i1utions. inst TSe obi ectien made s to the cam amend
ment, that IL proposed to change the relations
of the States 10 the Federal Government,
seem ed to him strange one, because there
could be no amendment OF the Constitution
that would not in some respects change those
At1 A. M. Mr. Norton took the floor to ad-
dress the Senate, but yielded at the request of
Mr.. summer for motion to adjourn, which
| was lost-yeas, IL; nays, 25
:, Mr.. Norton then read a large portion of Mr.
! amendment, adopting 1t as his own, and ap.
! plying Mr.. summers LANGUAGE, e., used 1t about
| under the alias of human rights.
Mr.. Wilson spoke in advocacy OF the amend
ment.
mo citizen of the United States shall on
| servitude, be by the United States or any State
denied the rightto vote or hold office"
ence between this and the report of the Judi.
ciRry Committee
Mr. Drake called attention to the different
arrangement Of the Words which he thought
avoided The implication contained In The
amendment reported from the committee that
q right to vote or hold office existed indepen
dent OF any constitutional or legal grant OF
such Iight
Mr.. Howard made the same objection to the
amendment OF the Senator from Missouri that
he had made to the report of the committee
namely, that IL left IL Still possible for Slate Ia
| deny q man the right to vote or hold office upon
| some other grounds than race, color. or previous
condition of servitude; for instance, for re-
| ligiOus belief.
| Mr., Edmunds said he was one of those who
| believed that the fourteenth amendment
| properly understood, already conferred the
| right TO YoIe and all other rights and privileges
| OF citizenship and he deprecated the attemp
| of the Republican party To pass this consiitu
| tional amendment because II would be con.
stTued as legislative ackno wledgment that tnt
| ment did not confer those rights and privileges
Incidentally he remarked that In case the righ
| of suffrage were given to women, his only fea
| was that the bad women would all vote, while
| the good women would stay at home
| Mr.. Warner asked the Senator from Vernon
| how soon in his Judgment IL would be before
| without the proposed amendment, the coloreS
| population would be allowed to exercise th
rights which he thought were conferred bI
| the Fourteenth Amendment
Mr. Edmunds replied that that depended OF
the vigor with which Congress would asser
their rights for them. IL required interven
tion not outside the law, but with the law a
J Tie weapon Of Intervention.