The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-04-20

hio'e INC riSnt, out would leave INT
matter at the discretion of the Court
AS to the Sherman amendment, i
was modified 80 as to confine the suit:
for damages to cases Of riots, and tc
make the suits brought not against the
property Of individuals, but against the
cities and counties in their corporation
Mr.. Eldridge asked Mr.. Shellabargel
whether, if his argument were correct
as to the liability of communities fol
damages caused by mobs, the Federal
Government was not liable for every
act and outrage committed by the rebels
throughout the entire war on Union
people. He could not see the differ.
ence in principle. If the gentleman s
proposition were true he thought that
there was this liability on the part OF
the Federal Government to protect its
people against mobs, against rebellion
and against all destruction Of property.
Mr. Shellabarger said that the first
answer to the question was that another
whirlwind which defed the Government
ended all Government responsibility OF
that kind. The second answer was
that such liability of communities did
not rise from common law, but from
statutary law.
Mr.. Kerns said his first objection
was to the concurrence in the Senate
amendment extending the power OF sus-
pending the right of habeas corpus
from the first Of June, 1872, to the end
Of the next regular session of Congress.
The effect Of it would be, practically. to
leave that suspension in operation until
the first Monday Of December, 1872.
This would be accomplished by the
legislative trial OF Congress taking a
recess from next midsummer TO the
first OF December instead OF adjourning
sine die. He also objected to the pro-
vision agreed to by the conference COM
mit:ee as unfriendly, and more Oh
jectionable than the ori ginal PROPOSE
ton, because, while that only applied
to the particular Juror, this applied to
and excluded the whole panel. He
that if this bill was enforced
self.government in this country would
be gone, sacrificed forever, and sacri-
feed in the pursuit of an unequal and
unsubstantial shadow. and for a su-
premely insufficient reason.
Mr.. Beck entered his protest, once
more, against the bill. So far as liber-
ty was concerned that was sure to be
rendered by the bill in any form. He
had, when the bill was before the
House, endeavored to show that its
were such that the Represen-
tatives who would vote for it were
it at the feet of man who
might make himself absolute over the
liberties Of the people, but parli-
language was inadequate TO
describe that. The House by, adopting
the conference report, was throwing
away all that was valuable to the prl-
vate rights Of men.
Mr.. Brooks, OF New York, urged
the House to reject the report He
hoped the House would not be driven
from its position by the Senate-an oil.
garchv-representing nothing and
only respected as a thing Of the past.
Mr.. Loillard opposed the conference
report.
Mr.. Butler, OF Massachusetts, argued
in favor Of the adoption Of the report.
He believed the time had come for the
adoption OF the test oath for jurors and
would have wished the bill to provide
for it, and he deplored the fact that he
did not absolutely support the bill on
account Of the Sherman amendment
Mr.. Blair, OF Michigan, spoke in op-
position to the conference report, the
principal of the bill was centered in
Congress and it had never before at
tempted to take such authority and did
not think it was authorized by the Con
stitution.
Mr.. Birch opposed the Sherman
The discussion was interrupted for
the present at the call OF the confer
ence report on The deficiency approprIa-
ton bill.
The report having been read, Mr..
Holman made point of order that
an appropriation Of ten thousand dol
lars for the expense Of the commission
was not given in the bill and the confer
ence committee had no right to put
it in.
The Speaker said he was 10th to get
a conference with an advance decision
on a point Of order He would there
fore submit it to the House.
The House sustained the point OF
order.
The discussion on the ku-klux bill
was then resumed.
Mr.. Bingham then moved that the
whole bill, with the singh exception OF
the Sherman amendment, would be
adopted. He hoped the Conference re-
port would be rejected.
A vote was then taken on the hu-
Klux bill, and resulted in its rejection,
bv a vote Of a yeas to I6 nays.
On motion Of Mr.. Shellabarger, a
second conference on the bill was or
dered.
Mr.. Dawes, from the second Confer,
ence committee on the Deficiency Ap
preparation bill submitted report. He
stated that the Senate had receded from
the Senate Appropriation, and the sgrI'
cultural item.
The report was accepted.
At 3:l5 P. NJ. the House took reces:
until 80 P. NJ.
EVENING SESSION.
The House met at 80 P. NJ. The
Ku-Klux bill not having arrived from
the Senate, a recess was taken until
$50. P. NJ.
The House re,assembled at the latter
hour.
Mr.. Farnsworth introduced bill au'
tbor;zinr the President 10 appoint Geo.