The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-03-29
CONGRESSIONAL PROCEEDINGS.

CONGRESSIONAL PROCEEDINGS.
THE KUKLUx AND ssLzzN BOXING
| y ,-'''7's71' oUEsTTONs.t S1'''~-.s> z,
Sharp Debate in the Senate. -,g,
General Grant Severely Criticised.
| WASHINGTON, March 2S.-Sendte.-Mr.
Summers resolution was. discussed until
| adjournment.
| There were some sharp passages in the
debate.
Mr.. Howe, speaking against Mr.. Sum.
ner' g resolution, said. abiding to Sumner,
that. the mission of the Republican party
| was not ended, and he would beseech the
man who would engage in its destruction
to take his position with the common enc
| my, and not, Judas like, stab in the back
the party to which he protested to belong.
! Carl Schurz said that if 1t was proven
| that orders had been issued to our naval
commanders, in gross violation Of the Con-
stitution, then something more than mere
rhetorical shourishes about Gen. Grants
services, or about the Secretaries of State
and Navy. would be required to answer the
proof. Mr. S. proceeded to argue that under
the constitutional clause, investing in Con-
gress the War-makfng powers, the Execu-
| tive could not commit an act of war unless
In case of actual invasion of the TERRITORY
Of the United States or by express Con-
gressional authority The instructions Of
the President to our naval forces, directing
| them in certain contingencies TO fire upon
the vessels of Hayti-a power with which
we were at peace--Was most clearly usurp-
alton of the war-making power.
| In reply to questions by Messrs. Howe
and Stewart as to whether discretionary
power was not vested in the President, Mr..
Schurz added that if those Senators would
! turn to the debates of the Senate in Febru-
airy, 1859, they would find that President
Buchanan had asked for, discretionary
power to protect our citizens in transit
over the lsthmus of Panama, and that the
Senate had Indignantly refused it. 1t was
most audacious to contend for that was
the logic of it, that the President had the
power to steal the War-making power
away from Congress. The fact was that
President Grant had fallen into the mistake
of supposing that he was the United States
Of America. It smacked very strongly of
what was called in France personal gov.
eminent" h
House.-The special committee reported
the kuklux bill. 1t defines the class of
crime known as "kuklux," which shall
be amenable to the Federal courts, before
Jurors who shall have taken the iron-clad
oath from States where 1nsurrection or other
impediments exists and where the Cover
nor or Legislature declines to apply for
Federal aid, the President may intervene
under the plea of enforcing the fourteenth
amendment. arGs.;. "a sai~I} Is 4
It provides that any person who, under
color of law, statute, ordinance, regula-
ton, custom, or; usage Of any State, shall
subject, or cause to be subjected. any per-
son within the jurisdiction of the United
States to the deprivation of any rights,
privileges, or immunities secured by the
1st section Of the 18th article of amend
ment to the Constitution Of the United
States, shall, any such law, stat
ute, ordinance, regulation, custom, or
usage to the contrary notwithstand-
ing, be liable to the party injured in an
action at law, suit in equity, or other pro-
ceedings for redress, such proceeding to be
prosecuted in the several district or circuit
courts of the United States, with and SUBJ
Ject to the same rights of appeal, review
upon error, and other remedies provided in
like cases in such courts under the provis-'
ions Of the act Of April 9th, 1858, and other
remedial laws of the United States which
are in their nature applicable In such case.
The I'd section provides that if two or
bine together to do any act in violation of
the rights privileges, and immunities. of
any person to which he is entitled under
the Constitution and laws of the United
States, which if committed in place under
the sole and exclusive jurisdiction Of the
United States would under any law of the
United States there in force constitute the
crime of either murder, manslaughter, may
hem, robbery, assault and battery, perjury,
|;subornation Of perjury, criminal obstruction
of legal process. or resistance Of officers In
discharge of official duty, arson, or larceny;
and if one or more OF the parties to said
conspiracy or combination shall do any act
to effect the object thereof, all the parties
to or engaged in said conspiracy or combi-
nation, whether principals or accessories,
shall be. deemed guilty of "a felony, and
upon conviction thereof, shall be liable toSa:
penalty Of not exceeding $4,000, or to i'm
prisoDment not exceeding ten years, or
:, both, at the discretion of the court Pro-
|:uided, That If any party or parties to such
|conspiracy shall, in furtherance of such
common design, commit the crime Of
Wilful murder, such party or parties SO
guilty shall. upon conviction thereof, suffer
death and provided also, That any offence
punishable under this act, begun in one
judicial district of the United States and
completed in another, may be dealt with,
inquired of, tried, determined, and pun
ished in either district. -~s----!-~- ---.-a--
The Sd section authorizes the President
to employ the militia, land, or naval forces.
of the United States to suppress Insured
ton, domestic violence, or unlawful COM
binations or conspiracies in any State, if the
constituted authorities shall be unable to-,
or shall from any cause fail or, refuse pro-
| lection of the people in their rights and
privileges.
The 4th section authorizes the President
| to suspend the writ of ha6tas corpus, and
/ to declare martial law in any State where
unlawful combinations exist and be so pow
erful as to overthrow or set at defiance The
constituted authorities of the State, or In
any State where the constituted au-
| thorities shall connive at or be in
completely with such unlawful combina-
| tons: provided that the President shall
first have made proclamation, as now pro-
yided by law, commanding such insurgents
to dispense "a and provided, also, that the
provisions of this section shall not be In
| force after the 1st day Of June, 1872.
The argument on the bill will continue
| till Monday next.
a. T.. Smith presented memorial claim
| ing the seat from the 4th Mississippi dis
trict, and protesting against the entire Mis-
sissippi delegation. Referred to the Com
| mittee on Elections. ~ So ra4s.s,a.t-1s..