Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1871-03-29

as it was want of moral strength on the part
OF many other senators. If it was proven that
orders had been issued to our naval command
eTs, in gross violation of the constitution, then
something more than mere rhetorical aourishes
about Gen. Grants services, or about secreta-
rles OF state and navy, would be required to
answer the proof.
Mr.. Schurz proceeded to argue that under the
constitutional clause vestng in congress the
war making power, the executive could not COM
init an act OF war unless in case of actual invasion
of the territory of the United States, or by eX-
press congressional authority. The instructions
of the president to our naval force, directing
them in certain contingencies to fire upon YES
sells of Hayti, a power with which we are at
peace, was most clearly ausurpation of the war
making power.
In reply to queries of Mr.. 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 February, 1859, they would find that Pres!-
dent Buchanan had asked for discretionary
power to protect our citizens in transit over the
iSthmuS of Panama, and the senate had indig-
nantly refused it. TWAS most audacious to con-
tend for it,-that was the logic of it,-that the
| president had power to steal the war-making
power away from congress
The fact was, President Grant had fallen into
mistake, supposing that he was the United
| States of America The doctrine that the pres
| ident could commit belligcrent acts without au-
thority of congress ard give as an excuse for it
the condition of things in Hayti and Dominica
| was the most absurd, mischievouS and aut-re-
| publican doctrine ever advocated on the floor of
| the senate. When such doctrine was boldly
| cnunciated, it should be Sifted to the bottom.
| 1t smacked vely strongly of what was called in
| France personal government. The senator from
Massachusetts,, Mr.. Sumner, had been com
| planned of for bringing the matter to the atten-
ton of the senate, but, in his, Schurz, opinion
| he deserved the gratitude of the whole county
| for so doing.
| But the supporters of the president seemed
| to have admitted the constitutional argument to
| be against them, and they had fallen back, as
| last resort, upon the weak and dangerous sup
| port of precedent. The only one referred to in
| our own history was that of the acquisition of
| Texas, during the administration of John
| Tyler, and when John C.. Calhoun was secretary
of state. The presidents case was indeed des-
perate one, when his apologistS sought refuge in
| such company. But Tyler and Calhoun asked
| to be excused from their company, because
| President Tyler, at that time, asserted that he
had no authority to empty force for the acquisi-
| ton of Texas, without the assent of congress.
| His declaration was that he would use all his
| constitutional means TO prevent Mexican inter
| ference, pending negotiations, and that the mat
! ter would be referred TO congress, when it met
| for such action, as it might deem proper. He
did not order United States war vessels 10 batter
| down Mexican towns or sink Mexican ships,
| but left the exercise of that power to congress-
| An animated and long collOqUy here cnsued
| between MesSrs. Schurz and Morton upon the
| proper Interpretation of the dispatch fl ON our
| government informing the diplomatic represen.
| tatve of Mexico that the United States would
| regard with dIsflvOr any tempt on the part of
| that power to interfere with the Texans during
| the tendency of negotiations.
| Mr.. Schurz cOntendcd that nothing more than
| an ordinary diplomatic correspondence was adj
| dressed to Mexico which could bear no analogy
| to the acts of President Grant, while Mr.. Nor
| ton insisted that it was di Get threat of war
| and was so regarded at the time by both coun-
| tries, and that MIR. Burton, many years after
| ward, had so construed it.
| While occupying the floor Mr.. SchurZ was re-
| peatedly Intercepted by different senator's
| upon constitutional questions, and was frequent
| " prompted by Mr.. Sumner whose seat is in
| his vicinity.
Before Mr.. Schurz concluded, the senate
went into executive session, and at 5:15 adj
| journed.
HOUSE.
After some preliminary business, Mr.. Shella.
| barger, from the special committee to which was
referred the presidents recent message, report
| cd bill, and suggested that the discussion
| upon the same be allowed to run on until
Friday next.
| There seemed to be a divided opinion on the
| democratic side of the house, while some wanted
time for discussion, Others thought it was not
necessary for the mere sake of discussion to fix
| any time at ALL
| .
| that the debate shall run until Monday, when
Mr. Shellabarger will call the previous question.
There is no agreement expressed or implied
| that the democrats arc then to allow the vote
| to be taken without dilatory motions. The dem
ocrats decline to say whether they will resist the
| bill by parliamentary eXpedieuts until they see
the feeling on the republican side developed and
are advised OF the nature of amendments that
| will be allowed.
The following is the full text of Mr. Sbella-
| barger's bill:
| 6ilI more fully to enforce the provisions of the
AIVth amendment to the constitution of the
United States, and for other purposes
BE it enated, SC, that any person who under
color of any law, statute, ordinance regulation,
custom, or usage of any state, shall subject or cause
to be subjected any person within the jurisdiction
| OF the United States to the deprivation OF any
| rights, privileges, or immunities secured by the
first section of the 14th article of the amendments
of the constitution of the United States SHALL and
any such law, statute, ordinance, regulation, Gus
TOM or usage of the state to the contrary nowith-
standing be liable to the party injured in an action
at law, suit in equity, or other proper proceeding
for redress such proceedings to be prosecuted in the
| several district or circuit courts of the United
States, with and subject to the rights of ap-
peal, review upon error, and other remedies pro-
vided in like cases in such courts under the pro-
visions of the act of April g. 1866, entitled &C.. and
the other remedial laws of the United States which
| are in their nature applicable in such cases.
| Sec 2. That if two or more persons SHALL within
the limits of any state, band, consDire, or combine
together to do any act in violation of tine rights
privileges, or immunites of any person, to which
he is entitled under the constitution or laws of the
United States, which, if committed within a nIace
under the sole and exclusive jurisdiction Of fho
United States, would under any law of the United
states then in force constitute the crime of either
murder, manslaughter, mayhem, robbery, assault
and battery, perjury, sub0rdination of Perjury,
criminal abstraction 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 combination shall do any act to effect
the object thereof all the parties to or engaged in
said conspiracy combination whether pTinclnals
or accessories, shall be deemed guilty of felony
and upon conviction thereof shall be liable to n
penalty of not exceeding $4,000, to imprisonment
not exceeding - years, or BOTH at the discretion
of the court; provided, that any ofense punishable
under this act begun IN judicial district of the
United States and completed in another NAV be
dealt with inquired of tried determined, and pun
ished in either district.
Sect. s, That in all where Instruction do
nestle violence, or unlawful combinations or con-
spiracies in any state, shall far Obstruc or hinder
the execution of the laws thereof to deprive anv
portion class of the people of such state of anv Of
the rights, privileges immunities, named in and
secured by this act and the constituted authorities
of such state shall either be unable to- shall from
any cause tail in or refuse protection to the people
in such rights and shall fail to apply to the presi.
dent OF the United States for aid IN that behalf
spch tacts snail be deemed denial by such state Of
the equal protection of the laws to which they are
entitled under the 14th article of amendments to
the constitution of the United States, and in all
such cases it shall be lawful for the president and it
shall be his duty to take such measures by the en-
plOyment of the militia the land and naval forces
of the United States, of either, by ether means
such instruction, domestic violence, or cOmbina-
ton; and any person who shall be arrested under
the provisions of this and the preceding section,
shall be delivered to the marshal of the proper DIS
trict to be dealt with according 10 law
Sect. A. That, whenever in any state or part of a
state, the unlawful combinations named in the ore
ceding section of this act shall be organized and
armed, and so numerous and powerful as to be able
by violence to either overthrow or set at defiance
the constituted authorities of such state, or when
the constituted authorities are in completely with
or shall conniye at the unlawful purposes Of such
powerful and armed combinations, and whenever
by of either all of the causes aforesaid the
conviction OF such offenders and preservation of the
public safety shall become in such district impracti
cable in every such such combinations shall be
deemed rebellion against the government of the
United States, and during the continuance of such
rebellion and within theimits of the district which
shall be under the sway thereof such limits to be
prescribed by proclamation it shall be lawful for
the president of the United States, when in his
Judgment the public safety shall require it, to sus-
pend the privileges of the writ of nabeas corpus,
and to declare and enforce subject to the rules and
articles of war; and other laws of the United States
now in force, and applicable in cases of rebellion,
martial law to the end that such rebellion may be
overthrown provided that the president shall have
first made proclamation as now provided by law, |
commanding sucn insurgents to disperse; and pro.