Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-05-28

cited betcaner. he claimed that the House
had repeatedly decided that the disqualified
tion Of the candidate receiving majority Of
Gre votes dld not entltle the one receiving the
next highest ono 70 . seat. In the present
case Il was shown that there were voters
enough prevented from voting who would
| have voted for the contestant 10 have elected
him, and there were other reasons which
would have entitled him TO bis seat, and there
was no cause for the committee to assume the
ground taken. A good judge never decided
more than he was called upon 70 decide.
Mr.. Paine, Of Wisconsin, chairman OF the
Committee OF Elections, explained that during
the present session new practice had pre-
vailed In regard 10 contested election cases
The Committee on Elections had been en-
largcd and subdIvided into Eve sub-commit-
tees, 10 whom the cases were assigned, and
who reported directly 10 the House. What he
knew OF the present case he knew a. NOM
Der Of the House, and not A. member OF the
Committee on Elections, The committee a.
whole had, however, held that the disqualih-
cation Of the candidate having INC highest
number Of votes did not entitle the one hay-
ing the next highest number 70 his scat.
Mr.. Burr, Of NJ, said he had come from a
| sick bed TO enter his protest against the re
mort of the committee. The forner chairman
Of the Committee on Elections CMr. Dawes)
had IN n very hblo hfkhmcht hoMh hlat tie
| United States could not thus admit members
without vestlng IN the minority the control OF
the Government.
Mr.. bingham, OF Ohio, and others made In
effectual attempts 10 get the question before
the House for a square vote, but Mr.. Butler,
Of Mass., and others objected, and the Chair
decided II could only DO done by unanimous
consent. ....H -.
Mr.. Randall, OF Pa, moved that the House
| adjourn, but the Speaker refused TO entertain
the motion, saying that the House having de-
cided the member entitled 10 hls scat and laid
on the table motion 10 reconsldor, the mem
ber-eleot mad a right TO be sworn In, and his
admission rs a member took the precedence
Of motion 10 adjourn or any similar motion.
1 Mr.. Wallace was then sworn IN.
Committee were then called for reports Of
bills OF private nature. r.y....t
Mr.. Swami, Of Nd, from the Committee on
| Foreign Relations, reported adversely upon
the resolution authorizing Lieutenant Com
mandar Frederick Pearce to receive from the
Queen Of Great Britain the decoration OF the
Order Of knights Of the Bath, and the report
was adopted. -..
Mrs. NJ. 8, Morse, administrator and widow
Of Isaac Z. Morse, late special commissioner
TO New Granada; which was passed
Also, resolutions referring the memorials OF
William J. Maggie and John Warren TO the
President for such action as he may deem
pfolitfi Wnlcn was h{tttu 20.
Mr.. Wikinsoni OF Mimi, reported q bill
for the relief Of James L. Herman, late consul
10 China. Passed.
A large number Of private bills were re-
ported from the Committee on Revolutionary
Pensions and the War Of 1912 and were va
riously disposed Of
Mr.. Banks, from the Committee on Rules,
reported rule that Il shall not be In order for
the Speaker 10 entertain q request from any
member to record his vote after the result Of
the vote upon any measure has been an
nouneed. Adopted. .F....
| The Speaker announced conference COM
mlttees on dlaagreelng votes on the following
bills, wis Bill for the distribution Of the
tribute 10 Abraham Lincoln-Messn. Latin Of
". Y, Perco Of Miss, and Dox Of Ala, bill In
relation 70 wrecked and abandoned property
l-Messrs. Butler Of Mass, Peters Of Me-, and
Archer OF Nd; bllhto furnish artificial limbs
20 soldiers,Messrs, Neglcy Of Pa, shAnks Of
The House then, In accordance with the un-
lderstanding yesterday, resumed considera-
ton Of the bin 10 enforce the fifteenth amend
ment. .
Mr.. Bingham occupied few moments in
tho explanation of the report and Its pro-
visions. The report as submitted did not
differ materially from the Senate bill. He
did not think any member could doubt the
necessity Of this legislation on constitutional
or other grounds,
| Mr. hefft Oh lnust hulu tllAl Us n HtilueI Oh
the conference committee he was unable To
concur. The reason why he could not concur
was that In his opinion every section Of the
bill except one was violation Of the fiinda-
mental laws Of the land; was unconstitutional;
was subversiye Of the principles Of our Gov
ernment, and was not warranted by any ex-
isting necessity. The nftecnth amendment
and the fourteenth amendment which this bill
Ia intended 10 enforce only declared that the
right OF the individual TO vote should not be
abridged. II was altogether Individual, and
neither amendment ever contemplated that
the rights Of self-goyernment In the Tespec-
tive States was TO be lnterfercd with.
This was most dangerous step TO take, for
Il would utterly strike down State authority,
and prevent them from regulating their own
affair. lie could not agree with Mr.. Bling
ham that this bill was In accordance with the
Constitution OF the United States. The power
granted, for instance, 10 any district attorney
TO issue q writ Of quo tcdrrdHto 10 Inquire by
what authority the most obscure Office was
exercised was ylolatlye Of the Constitution,
and was never contemplated BY that lnstfu-
ment. Another outrageous provision was that
which imposed flne for an alleged lnterfer-
ence with the right Of voter That was a
direct bribe TO interruptions people TO prose
| cute and persecute all men who differed from
them In politics. II would especially operate
wrongfully In the South, and Its tendency
would be TO ruin the white people Of that sec
I
whole, was utterly revolutionary In It's ten.
denotes, and he was surprised that Il could
4 receive countenanoe In this House.
Mr.. Beck, Of KY, protested against the
House countenanclng the system that had
now prevailed OF allowing a conference com
mittee TO shape the legislation that only Con-
gress had right 20 enact The bill went
| from this House with single section, and u
came back here with twenty-three sections
determined upon by a conference committee,
and the House was asked 10 enact this into q
law. He protested against H. too, because II
was q class Legislation, and all In the benefit
Of the negro, or those who had been enfran-
chisod by the fifteenth amendment.
IL was all In the interest Of tho negro and
opposed 10 the white race. II did not affecl
the poor people Of Lowell and the factories Of
the North: There a proprietor might dis
charge all his employees because they did no
vote as he dictated, and this law would no
: take hold Of him. But II q colored man wa
discharged for any cause on the eve OF AZ
: election, he would, under this bill. have |
cause Of actlon against the white man who
discharged him. IL was creating an antag
! which could not result otherwise than In dis
Aster to the eolored man.
The Southern States could have their rem
edy In spite Of the fourteenth or fifteenth
amendment. II Kentucky choose 10 alter hei
constitution and make Il like that OF Massa
/ Nuubtllst ~ u W iibnh NONihB WIN
: could read or write, nine-tenths Of the coloret
people would be excluded from voting, and hs
aid not suppose Il would be dlsloyal TO MAXI
constitution which would be the exact coun
terpart Of Massachusetts, The bill left thu
: House with a simple section 70 enforce tn
rights Of the people before the law, and ]
: came back with numerous sections eonfeTrinl
! the most extraordinary powers upon certalI
classes Of the people and upon certain OIL
| elals, II increased the power OF the Presi
: dent, and under this bin he could assume mil
I ltary authority under the slightest pretext.
He would not make any charges now agalns
Q the President Of the United States but whel
the Georgia bill came up again for consldera
c tlon he would show to the House what mem
! bers OF the Reconstruction Committee alread
knew that the Presldent's disposition was q
4 assume military authority wherever an
e whenever he could flnd the slightest pretex
u TO do so. lie was anxious TO spread milltar
. authority at all points, and only wanted Al
!. excuse TO do so.
Mr.. Potter, Of N. Y, addressed the Hous
IN opposition TO the bill.
MI. johnson, OF Cal, argued that the bill
was direct blow upon the people Of the Pa