Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-06-06
SEAT OF GOVERNMENT.
YESTERDAYS CONGRESSIONAL PRO-
CEEOlNGS.
The Jurors Test Oath in the Senate-Bay-
ards Speech in Support of His BIZ
Regulating Jnries-The Case
Of Fitz John Porter,
SENATE.

TO lurleS, ana 10 repeal sections oUl, o-O
and S2l of the Revised Statutes, was
taken up.
Mr.. Hampton, after briefly support
ing the bill, spoke upon the general po-
litical issues.
In the course of his speech, Mr..
Hampton said he would not in any
event vote to deny the necessary ap-
preparations to support the army and
the departments of the government.
Mr.. Bayard supported the bill, and
quoted from HamiltOn's writings to
show that the theory OF the veto power
was TO confer on the President the
power to protect himself and prevent the
passage of bad laws, either through
haste, inadvertance or design. The bills
recently vetoed were not so passed. They
represented the second thought of the
American people, in whose deliberate
judgment the reforms contained in them
should be made, and the people would
Judge the President and his party by
their works. Mr.. Bayard remarked
that the same people who elected the
Democratic majority also elected
the Democratic President. This was
the opinion OF every Democrat, and
they rested their hope in their belief
that truth and justice are OmnipOtent
and must prevail. Upon that great
issue the American people will be called
10 decide at future elections; but these
facts only render the situation more diff
fcult and trying for the majority. They
are trying to execute their duty and
and shape legislation SO that the country
shall be free and prosperous; so that
union will be restored, public credit
maintained, and all the functions of the
government duly cared for. Their re-
sponsibility is to their sense OF duty,
and their proposition is that every
branch OF the government shall be sEs-
tanned. Our first duty, said Mr.. Bay
ard, is to supply everything neediul for
such sustenanCe, but our policy is not
to be taught us by a harrassing, OBJ
struCtive Executive; our measure OF
patriotic duty is not 10 be dictated by
HIM, but by the oath We took to sup
port the government.
Mr.. Bayard observed that the effort
made to misrepresent the Democratic
party as intending 10 refuse supplies
and so cripple the governmentwould be
futile. The people would not be thus
deceived as to that party's intentions.
For himself he would not belong to a
party adopting such a policy.
Shall it be said, he asked, that Il
man accidentally and wrongluIly
vested with enormous powers which
have accumulated and grown around
the executive office, shall succeed in
placing this great party with all its
patriotic objects and interests in the
position of suspicion and doubt before
their fellow countryman? 1t will require
two 10 make that issue. 1t is false,
dishonest and untruthful attempt TO
slandcr his ncighbors. This government
shall move on. 1t shall be supplied
honestly. We shall stop all the jobs
and wrongs we may, but shall supply
everything needful for the strong, vigor-
Gus and just exercise OF every constltu-
tional power, and we do not mean that
any obstructive executive and un-
lair political opponent, occupying
power against onr belief of
right, but TO which we submit
under forms of law, shall preserve the
true or raise false issues between the
United States and our country. In
conclusion Mr.. Bayard said he only
asked fair understanding OF the issues
between the Executive and the dor
mant majority, as he was sure such an
understanding would lead to renewed
respect for and confidence in the party
whose motives have been sought to be
brought into question.
The President laid before the Senate
message from the President OF the
United States, enclosing the report OF
the Board of Inquiry in the Fitz John
Porter case. Referred 10 the Committee
on Military Affairs.
Mr.. Edmunds moved 10 strike out
the clause of the pending bill that re.
peals section S2l ofthe Revised Statutes,
80 that only sections sol and $50 should
be repealed. Rejected. Yeas lG, nays
26. Mr.. Edmunds then moved TO amend
it by adding the following: That no
citizen possessingall other qualifications
which are or may he prescribed by law
shall he disqualified for service as
grand or petit juror in any court OF the
United States or in any State on account
of race, color or previous condl-
ton Of servitude. Any officer or other
person charged with any duty in selec-
ton or enamation of jurors who shall
exclude or fail TO examine any citizen
for the cause aforesaid, shall, on conviC-
ton thereof, be deemed guilty OF mis-
demeanOr, and fined not more than
5000.
Mr.. Thurman-Under what provi-
sion of the constitution does the Sena-
tor from Vermont propose Congress
shall regulate juries in State courts?
Mr.. Edmunds-This Senate has de-
cided that we can regulate health. / do
not know why We cannot regulate JUS
tiCe.
Mr.. Thurman-If this comes under
the commercial power Of Congress, | do
not know what cannot come under It.
If that is the only answer the Senator
has to give, l will say no more.
Mr. Edmunds-The amendment OF
the committee comes under the trading
clause.
Mr.. Thurman-The Senator answers
my question jokingly, but he leaves the
amendment in such shape as 10 cause
everybody who does not see the Con-
stitution through his spectacles to vote
against il.
Mr.. Hill would cordially vote for
that amendment, if it intends TO accom-
plish what / suppose the Senator pro-
posed to accomplish, that Is, that per-
sons qualified by law to serve on juries
shall not be rejected because Of race,
color or previous condition OF servitude.
Clearly they ought not to be rejected
for any such cause. Ii his object Is 10
insert something which he thinks will
otherwise make vote against 1t make
il appear on record that We are voting
against race or color clause,
think II is unfair. We do not think
Congress has the right 10 prescribe the
qualifications of jurors in any State, nor
10 prescribe a penalty for non-compli.
ance with the law OF any State in regard
to examining jurors. II the Senator
will strike out the words ''or any State, y
We will cheerfully vote for the amend
mppt