The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1871-04-01
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TO THE DAILY PRESS.
XLIId OONGRESs---Eirst Session.
SENATE.

XLlld OONGRESS---Eirst Session.
SENATE
WASHINGTON, March 3-The debate upon
Mr.. Summers resolution directing the Judici-
ary Committee to report in favor of the Ku-
Klux legislation was continued, Mr.. Pool ad-
dressing the Senate in lengthy exposition of
the cause and effect of and the remedy for the
outrages in the South. He and his ancestors
were natives of North Carolina and claimed
that the people of that State, as shown by the
testimony before the investigation committee,
had no completely in these Outrages, but that
they were perpetrated by secret organizations.
The popular voice Of that State condemned
them.
At o'clock the Senate voted Is to IA, that
when they adjourn it be till Monday.
Mr.. Pool then resumed his speech, intmat-
ing that he should occupy the remainder of the
days session.
After commenting upon the extensive rani-
fcations and influence of these secret organ
izations whose power was great enough to pro-
tect their members when brought to trial in
the State courts, and whose avOwed purpose
was the overthrow of the 14th amendment and
the reconstruction measures. he said if the
government desired to protect the loyal citi-
zens and the executive its duty was positive,
and determined demonstration on its part
was necessary else it should surrender every
thing to the control Of desperadoes. His opin-
ion was that some mild but firm measures
should be adopted with the plain understand
ing that if these failed martial law must be re.
sorted to and the former insurrestionary States
remanded to territorial condition. The fear
of martial law would prove a wholesome check
upon the Ku Klux.
Mr.. Pool then argued at length to show the
responsibility of the democratic party for the
existing state of affairs at the South. and said
ne feared this organized outlawry would again
end in civil war, and he would beseech the
democratic party if it did not intend standing
by the South in such contingency not to lead
that people to their utter destruction but to at
once remove its moral support of these unlaw-
full deeds. The aversion of Southern capital
to free labor, whether southern or northern,
was another cause of the disorganization OF
southern society. Mr.. Pool then defended
Gov. Holden from the charges against him in
the impeachment trial. He believed that al
though the Gov. committed some blunders he
acted conscientiously in his efforts to do his
duty. HIS conviction and removal was irregu-
lar because number of State Senators us it
was believed) held office in violation of the
ators had been rejected to make two-thirds for
conviction.
Mr.. Blair remarked that an example for such
a step had been set by the u. s. Senate
Mr.. Pool replied that the example of the
Democratic platform of 1868 in advising resist
ance to reconstruction had inaugurated the
Ku-Klux.
Mr.. Blair was then awarded the floor and
the Senate went into executive session and
subsequently adjourned until Monday.
HOUSE.
On motion of Mr.. Dawes of Massachusetts,,
a resolution was adopted directing the Secre-
tary of the Treasury 10 furnish the estimate of
the number OF pounds of paper required to re-
place the present b8nk circulation, and the
cost per pound of the distinctive kind now in use
for legal tender notes, fractional notes and
bonds prior to 1870; the amount paid for paper
thus used, etc.
Mr.. Wheeler of New York introduced bill
authorizing the Secretary of the Treasury to
change the name Of the ship William P. Storer
to that of Hamilton Fish. In reply to ques-
Secretary Fish, The bill passed.
Mr.. Shellabarger of Ohio proposed that by
unanimous consent the house take a recess
from 4:30 to 1880 this evening for debate
merely. He made this suggestion because SO
many gentlemen desire to address the house
on the bill to- enforce the 14th amendment
After a general conversation this was agreed
to, and it was further agreed that Tomorrow
should be devoted to debate only.
The house then resumed the considerations
of the bill.
Mr.. Farnsworth of Illinois, said he did not
know that he had any objection to the first
section, but was opposed to the second and
third sections, and gave the grounds for his
dissent, particularly to that part which says,
That If the constituted authorities of the
or refuse protection to the people in their
rights, and shall fail or neglect through the
proper authorities to apply to the President for
aid in their behalf, such facts shall be deemed
a denial of equal protection of the law, and in
all such cases it shall be lawful for the Pres-
dent to intervene for the suppression of such
instruction" He discussed this question
in connection with the constitution and the
fourteenth amendment, and the debates which
took place on the latter subject, to show that
it did nOt tho iuht 10 loui LOTT Co.
as to persons. They did many things during
the war which they were obliged 10 do, and
afterWard became one of the bad influences of
Andrew Johnson's administration; things
which would not be justifiabe in times of
peace. They passed laws which they did not
dare to bring before the Supreme Court He
would again 60 to the verge Of the constitution
to save the nations life, but this is not the
time. In conclusion, he said he did not believe
in the centralism and abolition of State lines.
Mr.. Bingham of Ohio, referred to the opin-
ion OF Chief Justice Marshall, who, referring
to our dual system of government, regarded
the State and national governments as but
one whole. The States exercise the power un-
der the constitution in obedience to the consti-
tuition and subject to the Limitations of The
constitution, not for the purpose of DESTROYING
but for enforcing that instrument. 1t was too
late to doubt whether Congress could by con.
stltutional enactment enforce the rights of the
people of this nation against combinations in
States. This right was asserted under the adj.
mlnistration of Washington and met his APP
proval. There might be provisions in this bill
not necessary, and if so he would seek the
privilege OF amending it. AS to the general
power OF Congress to legislate in behalf of all
affirmative provisions and all express negative
provisions of the constitution he had no doubt,
Tor the reason it is closed question. no
quoted judicial decisions arguing full power to
protect citizens of the United States in all
tnelr rights, privileges and immunities, ana
frnV hav, ~ A10
else of national authority. New limitations OF
power had been placed on States by the late
amendments to the constitution. The hrst
eight articles Of the old amendment bound the
natlon put the law bands the States. In con-
justice, which was applauded.
M: MI. ferry argued in favor both of the neces-
sly sly ana the constitutionality of the pending
Mr. Swami Of Maryland, followed in oppos.
seion 10 both points, and Mr.. Waddel OF n or!n u
OaIoina, asked an opportunity, which WIN
probably be granted Tomorrow, to be heard IN
oelense OF his State, which had been falsely
represented to the house.
On motion of Mr.. Brooks of New York,
rGesoiution was adopted that the Secretary o.
otate Dc requested, if not incompatible VIII
pubic interests, to communicate copies OF any
correspondence between the Department ana
our Minister in Florence in relation to the oc
cupation of Rome by the King of Italy, ana
what correspondence had taken place in Dec.
1870
Recess.
The speakers at the evening session were
Messrs. Arthur, Archer, Storm, Mccormick,
Sheldon and Moore, who opposed the bill; and
Moore and Law who favored it.
Mr.. Sheldon of New York, argued from the
satisfactory state of affairs in Louisiana that
general amnesty should be extended through
out the South, while Mr.. Moore of New York
declared that Congress had already made
great mistake; that no good had come by the
continuance of the session, but much damage
had occurred to the Republican party. Inc
debate continued until midnight when the
House adjourned to tomorrow.
NEW HAMPSHIRE.