New-York tribune., 1871-04-20
uorsE OF REPRESENTATIVES,.

adjourned Of LILO g. m'
uo1,sE OF REPRESENTATIVES.
.,ot;on of Mr.. DAWES, the Senate request
aae1 conference Committee on the Deficiency bill
20, occe6ed TO- and Messrs. Dawes, Cook, and Niblack
we're appointed
Mr HAZLEToS CRep., Wis., offered resolution IN
t,4etnc the Committee Military Affairs 10 consider
aud report what additional legislation is necessary 70
onsze soldiers bounes, and 70 Investigate and report
what would be the additional annual expense Of ncreas-
inSIy Is per the pensions of those who are totally
us'Vn'' HSxTco AND CANADA ANIMATION
CAMPBELL (DeIn. OhO) asked leave 10 miro
concurrent resolution requesting the President to
cause negotiations TO be opened with the Governments
tions those Governments would respectively consent to
the sunoxaon OF their possessions on this continent TO
the limited states OF America.
Messrs WILLARD (Rep. VT and MERCUR Qsep,
Mr HOLMAN CDem, Ind) introduced a bill to carry
effect the decision OF the supreme Court relating 10
eOunes 70 soldiers enlisted between the 80 OF May ana
the 22d OF July, 1S6E' Referred 10 the Committee on
Military Affairs.
Mr. nrTIERs EXPLANATION AGAIN OBJECTED TO-
Mr. BUTLER (Rep, Mass) asked leave 10 make per-
a0nal explanation.
Mr. McHENRY Dem. KY objected.
Mr. BUTLER-Tbat is the end OF personal explanation
In this House IL n that course be taken, ,
colleague (Mr. Beck) and now renew it on behalf Of
the Kentucky delegation.
Mr.. BUTLER-As Massachusetts, is being constantly
point of attack the other side OF House.
the arrow must he kept in my culver for the present
Mr. sHELLABARGER Rsp.. ohio. from the Confer
NDco Committee GU the kuklu BILL made report and
proceeded TO explain it, In reference TO the amendment
ss 70 the right OF peremPtory challenge TO grand or
tho bill agreed upon by the Conference Committee would
remove that right OF peremptory challenge but would
sherman amendment 1t was modified so as to connne
claims for damages 10 of riots, and to make the
but against the cities and eouPtGs IN their
capacity He read legal technical argument in support
quoting nom decision of the Court Of Appeals Of the
State OF New YORK. rendered by Judge DEMO.
whether IL his argument correct to the liability
Of communities for damages caused by mobs the Fed
ora Government was not liable for every act and out
rage committed by the Rebels throu ghOu the entire
Mr.. sHELLABARGER remarked that his friend from
Wisconsin too good a lawyer to ask such question
Mr. EtDRIDGE protested that he could see the diff
ference IN principle II the genem,aias proposition were
Of the Federal Government 10 protect its people against
mObs against rebellion, and against all destruction OF
NJ shELLABARGER said that the first answer to the
question that overwhelming violence. which de-
fed the GOvernment,iended all governmental RESPONSE
blity of that kind. The second answer that such
liability of communities did not arise from common law,
but from statutory law. AS there statute Great
ing such responsibility on the part OF the Government
he had cited there complete collection OF author
nes wing that such Ii aeg was creation OF statute
Mr.. KERR Dem, Indl, the minority member OF the
%r BFCK Dem, Kyj said that the House, by adopt
ing the Conference report was throwing away all that
AL left the House, TO the provision affecting the
oath OF jurors, be declared that Us enforcement would
haIopy organzing he III all the States OF the South.
No white could under that provision sit on jury
Who had lived In the South during the war; and who had
ever given cup Of cold water or meal oi vietuals 10
aaryng boy who had served in the Confederate army
MT BROOks Dem, n. " hoped that the House
would be driven from its position by an oigarchy
Ike the senate-an autocrauc body which represented
Because is was relic OF the past which, If it could
not reformed and recreaed TO represent the numer
90 longer 30 exist, but ought to be abolished
MI WILLARD Rep VT also opposed the Conference
Heo ohi N
me writ habeas corpus could be suspended He de-
o,nt beyond when the writ could not be suspended
lie also opposed Mr shermans amendment, as imposing
upon communities an obligation which could not be fully
Mr. BUrLER Rep, Mass.l advocated the Conference
report expressed his regret that there should be
any danger OF The failure Of such an important bin on
account OF constitutional and other scrupes He replied
70 the objection OF Mr. Willard as to the time within
which the writ OF habeas corpus might be suspended and
argued that proposition simply to keep the
pension always within the power of Congress. As the
5herman amendment, he reminded the House that II
1t not to be looked upon nfictng punishment ON
the Counties but as providing system Of mutual IN
state OF Massachusetts had enacted similar law after
The destruction of the Convent at Charestown.
unable with his party for the Conference report.
but he regarded it, in his sincere judgment as contrary
would prevent him from giving to IL DIS support de
argued at length against the sherman ne ma sInenaneni,
his good behavior but TO put him also on the good
beyond any constitutional power OF Congress. The Ma
Onal Government dealt either with States with per
IL knew nothing Of towns, or counties or cities
and Congress could impose no duty or liability upon such
oorPoratops In any manner whatever The "hue and
cry law OF England which had been referred to, only
imposed contingent liability the "hundreds - and
had become almost obsolete there, existed only In
modified form. 10 only recently that the principle
had been established in this country, and that only In
some few States that contained large cities.
Mr.. KELLEY (itep., Penn) supported the Conference
report, and said that Philadelphia had found in pro-
vision of law similar TO that embodied in the Sherman
amendment OF the wisest provisions OF legis-
iaUOD. Ii had acted there Ike CHARM and
its influence than any other Philadelphia
sorely tired by riOtous demonstrations, suffered
little from them as any city IN the world. He believed
that the time had for the abolition of the test oath
70 jurors and would have wished the bill 10 provide Tor
H. But although he depOrcd the fact that the bill ala
not provide for It's abolition he should still support the
bill on account of the Sherman amendment
REPoRT On THE DEFICIENCY BILL
The discussion interrupted for the presentation OF
the Conference report the Deficiency bill The report
having been read Mr.. HOLMAN (Den, lnd.) made the
point order that item approPratg $4,000 Tor the
the SutrO Tunnel Commission was not ger
nane To ANYTHING in the BILL and that the Conference
Committee had no right TO put II in
Mr. DAWES rep, Massl argued tha' IL WAS gerhahe
to an item for the Carson City Mint.
The SPEAKER remarked that lie was very Oth 10 meet
Conference Committee with an advance decision on
point 0f order would therefore submit IL the House
Mr.. DAWES OSep., Mass said the bill was fu OF uln-
culues One Conference Committee had iaeu, anu Is
one had been the point OF failing three times Inc
senate had insisted this item, and lac appealed to the
dOnse 10 lot ID
The SPEAKER put the question TO the House. and the
r Oh order was sustained, thus practically reJecuhs
inc conference report.
Some difficulty was in the House as TO
Rosuo IN which the Conference report was left by the
iiO1s iciusinkdo receive IT, and finally motion OF
Mr. GAlFlhLD Repr Ohio, the report was recon-