The New York herald., 1879-02-05

ssSs Is liable TO make on
70 congress a. its session And sad committee snn
tunes and places when and where will Sit hear said
claims and testimony in support Of the same ana ss
o.ss L. shall also obtain and use all prSof relative
evidence party IL in,eres, produce and offer
that may deem pertinent thereto shall have powe, TO
necossary Of said shall be paid out of
the contingent fund OF the Senate.
II was placed on the calendar.
Mr. EDMuHDs. trcp) of VT. gave notice that at the
earliest opportunity he would call mp the Joint reso-
n'ion ~ proposing an a.nendment to the constitution
claims of disloyal persons for property injured or
destroyed in the late war of the rebellion.
Mr.. WINDOW rep.) of Minn., gave notice that on
Friday next he would call mp his resolution in regard
10 the migration of coiored people for the purpose
OF submitting some remarks thereon.
THE EDMUNDs RESOLUTIONS.
The Senate then resumed the consideration OF un-
finished business, being the resolutions of Mr. Ed
thirteenth fourteenth and fifteenth amendments to
the constitution.
Mr.. BAYAnD. tdem.) of Del said, in as few words
as possible he desired to give his for disap
proving OF the resolutions of the Senator from Yer
mont though he regretted to occupy the time Of the
Senate, now that the session drawing
under any form of the regu business of tho Senate
They were not the result of the deliberations of any
committee of the Senate. They not part of tho
legislative business OF the Senate. They
panied by the order of caucus and not that from
tactics than true statesmanshp and did nothing TO
relieve the wants of the people OF the country. 1t
was remarkable that the first doubt cast upon these
constitutional amendments came from the senator
from Vermont himself. Why should these three
amendments be singled ont to receive confirmation
vote of the Senate? II it proper this Senate
to declare the validity of these amendments, then
another party i'll power could bring in resolution
declaring their invalidity To such a doc
the oath of Office taken by all Senators and
asked how could additional force be gained
in favor OF these amendments when every senator
had sworn TO uphold them. He argued that tho
amendments had been recognized by the great poti-
cal parties OF the country in their conventions in
1872 and again 1876, in Language too explicit to
leave room Tor doubt
OBJECT OF THE HEsoLurIoNs
The real object OF the resolutions the construc-
tion to be given to tho amendments. He argued that
this was Capitalization of power and against moth
ing were we more strongly warned by the founders
of our government than the accumulation OF powers
In any single branch OF our government. Armies
arranged to overthrow government by force werc
not half so dangerous this eubte attempt to place
false construction upon the constitution. II
design to bring within the control of Congress the
civil rights OF the citizen which had always been
intrusted to the States. It was n most dangerous
Capitalization Of power to give to the federal
that unlimited sway the rights OF citzcns
which had been left wholly to the State governments
II was against every step III that direction that he
now protested
RECONSTRUCTION LAWS
He then referred to the reconstruction laws and
enforcement acts and said, he still considered them
to be wholly without constitutional warrant. In
support OF his argument he quoted various decisions
Of the supreme Court affecting these laws and per-
tanning to the question OF civil rights privileges and
immunitfcs OF citizens, duties and powers of the
State and federal governments. &c. and: continuing,
he said 1t would be- Mr.. Madison had sad the
very definition OF tyranny to hold that Judicial and
Legislative functions could properly exist in a free
cisions of the Supreme Court had been disregaried
and laws enacted in the very face Of them.
He referred to to be tried in the Supreme Court
of the United States testing the validity OF the Civil
Rights law and said these could not be tried too
soon. II the power claimed in that bill did exist,
then tho political party. whichever it be, that got
and crushing power to sustain itself forever. The
whole object OF this resolution to procure from
the Senate approval OF the unconstitutional legis
laton heretofore enacted against which he struggled
IN vain at the time of its enactment. All the
land there was not q law in conflict with these
amendments All over the land there was aquies-
cence and obedience. All men were equal before the
law, but every day we saw the inability of men to
avail themselves OF their rights.
SECTIONAL ANTAGONIST
He believed he could see in these resolutions and
others of similar character design to doubt.
suspicion and tlisrust the part Of section Of
the country against the other Most of troubles
had come from the fact that our countrymen were
ignorant OF each other. II the exigency of party
should cell upon him to raise strife. whatever might
be the result he would be found the other side ad
vocaing peace and good will. and asking our coun-
tryman to dwell not upon each others faults, but
upon their virtues. He would be of party, he
would and in no legislation that did not recognize the
right of every msn in all parts OF the country
There III the unwrittcn law that which would
crush every man with indignation who sought to
cure the domination OF party over the peace. the
security and rights of the entire American people.
SPEECH OF MI. EpMUNDs
Mr.. EDMUNDs said he concurred with his honorable
friend Mr. Bayard that every man should have equal
rights. II that the attitude OF his friend and
his party then there difference in the parties
on the question Of equal rights The only question
was how to get them 1t had been an accusation
against a great many gentlemen who thought az he
(Alr. Edmunds) did, when they bad bcen appealing
for equal rights that they were promoting sectional
l,stro <1a, ,..f
TO to 1t that this equality of all made real
and should cease to be hollow pretence under
which q minority might control States. What was 1t
he had asked the Senate to agree to?
Mr.. EDMUNDs here read the rst part of hts rcsolu-
tions and askal was there anything in that which
sought to promote discord. His side OF the Senats
declared tnat the amendments legally ratified,
but the other side seemed to assert that although
they were not legally ratified they valid Any
body who wished to vote upon those two PROPOSE
tions would havo an opportunity to do so. Tue party
to which hc had the honor 10 belong as q humble
trainer in the ranks had always believed in the rights
ot the states in the Union But they also believed IN
the rights OF the Union. He then read from the sub
sttute OF Mr. Morgan IN regard TO II being the duty
ot the State to punish violations of these amend
ments, and then quoted from the Fifteenth amend
ment to show that it within the power
of the federal government to punish offenders.
He denied that tho Supreme Court OF the United
States, IN the Reese case. had decided against the
consttutionality Of any act of Congress. On the
contrary. the Court said that the indictment would
have been good had IL stated that the de-
privcd of his right to vote account o race, color
previous condition OF scrvitu1c and IL fell clearly
WITHIN the jurisdiction of the United States to pun
ish the offenders. When State either by law tho
want of law either by the administration of its
cutive or judiciai departments or the want of AL
mnstratioI. fails to give equal protection TO every
citizen the supreme Court OF the United States said
Congress had the right to enforce that protection
against all comcrs and everywhere. II there was
anything in this liberty of ours this brotherhood.
not only Of State and of communities, but brother
hood OF man everywhere and the State could not
protect the man. then tins common brotherhood
government Of ours should extend its protecting
hand
SUPREME COURT.
lie quoted at length from decisions of the Supreme
Court of the United States. and argued that there
was nothing in them that bore hairs weight
against his resolutions. The supreme Court OF the
United States had decided that such laws Congress
had passed growing out of the war were themselves
the rightfui subjects of Congressional legslation
IL was aid of home rule; il in aid of local self
government that the federal government had the
power under the constitution to protect the citizens
Ii not to overthrow States: IL support and
uphold them. The protection of citizens had been
lett with the States for convenience but when all the
States represented in the Senate and all the people
represented In the other House of Congress IL
expcdent to exert tho federal power they could do so
He deplorcd the condition of affairs in some of the
Gs.s. 1..~~t