The New York herald., 1879-02-06
PROCEEDINGS OF CONGRESS.

equal to year salary of the Berlin mission.
PROCEEDINGS OF CONGRESS.
SENATE.
WASHINGTON, Feb. 8, 1S79
The VICE PRESIDENT laid before the Senate the GRE
dentals of Hon. John p. Jones. elected United States
Senator from the State of Nevada for six years.
March L. 1879. Read and placed OH file.
Mr.. FERRY. (rep.) Of Mich. from the Committee on
Post Offices and Post Roads. submitted an amend
ment to the Post Office Appropriation bill classifying
mail carriers and fixing their compensation at from
500 to $500 per annum according to service, popu
lation Of cities wherein employed &c. Referred to
the Committee on Appropriations.
Mr.. McCREERY, (dem.) of KY, gave notice that on
Monday next he would address the Senate favor OF
the bill introduced by him to transfer the Indian
Bureau from the Interior to the War Department.
KIcARAGUAN CLAIMS.
Mr.. MATTHEW'S (rep.) Of Ohio called up the resolu.
tion submitted by him yesterday providing for the
appointment of committee Of five Senators to sit
during the to inquire into all claims of citizens
Of the United States against the government of Ncar
aqua, for indemnity for lives of relatives taken,
wounds and other personal injuries suffered, and
property taken injured destroyed. and it was
agreed to without discussion.
THE NAVAL OBSERVATORY.
Mr.. SARGENT. (rep.) Of Cal, from the Committee
on Naval Affairs, to whom referred that part Of
the report Of the Secretary Of the Navy in regard to
the removal Of the Naval Observatory and the report
of the commission appointed at the last session on
that subject, reported u bill authorizing the pur.
chase OF site for the location of the Naval OBJ
servatory the erection Of building thereon, and for
the removal OF the present observatory. Placed on
the calendar.
MIR. EpMuNps RESOLUTIONS
At half-past one p. NJ the Senate resumed consid-
Grafton OF the unfinished business being the resou
tions of Mr.. Edmunds declaring the validity of the
the constitution OF the United States.
SPEECH wHYTE.
Mr.. WHITE (dem) OF Md, said after the exhaus-
tive arguments Of the Senator'S from Delaware and
Alabama (Messrs Bayard and Morgan) II would be q
work of supererogation in him to attempt any
ampiiAcation Of their cogent reasoning. He did not
think the Senate called upon to assume the role
OF Supreme Court OF the United States and pass
upon the question whether the thirteenth, four
teenth and fifteenth amendments have been ratified
in due form by the States did he think it worth
to the legislation OF the pest had to enforce these
amendments, inasmuch as the Supreme Court had
said that such laws heretofore passed did not cons-
tute appropriate legislation AS far as the fifteenth
amendment concerned he did not hesitate to say
that he took any stock in it, 1t was his priv-
lsge as member Of this Senate to his vote with
that little band of Senators against the adoption Of
the fifteenth amendment. He was spe, ,aliy graft
fed when, subsequently,, that amendment was sub
mitted to the Legislature of his State and there
not found in either branch OF the General Assem-
bly, q single individual poor enough to give it
y sol1tary vote, ana, SO Iar as MS action
in the Senate was concerned. the State
Legislature gave it their unanimous spproval but
when the President OF the United States declared
that the amendment had been ratified his State
quiesced in that declaration and all her citizens had
given allegiance TO the amendment and supported it
with the fidelity that they did every other
clause of the constitution. Both political parties
had declared their adhesion to these three constiu
tional amendments. and all were bound by them
Senators had sworn to support them and they in
tended TO live up to them and vote for every law
which might be appropriate legislation for their
forcement The frst resolution of The Senator from
Vermont tAfr. Edmunds declaring the validity of
the amendments, amounted TO nothing. 1t was
mere grouping OF words. 1t was too much like the
pyrotechnicai display which see too often the
stage, splitting fire in every direction and sending
forth smoke while the little devil creeps out of the
box.
Mr.. wHYTE then quoted from the remarks of Mr..
Edmunds, of Vermont. yesterday. and denied that the
whole power of controlling elections for members of
Congress belonged to Congress. II for the State
to protect its citizens in the right of suffrage II
under the control of the State and must be protected
by the State. The United States had no right 10 in
terfere except in cases of abridgmcnt OF that right
provided for in the fifteenth amendment. Tho
United states had voters of its and there
M one protect until the State denied q man the
right 20 vote account of race, color previous
condition of servitude. The protection of the right
of suffrage had not left with the States for
venience, as argued by the senator from Vermont,
but had been left with the state. where IL properly
belonged. He quoted from the Madison papers as 10
the powers of the general government.
Mr.. EDMuYDs, lrep.) OF VI, in reply to question
Mhyte, sara pObscSscu tue
power elections for members OF Congress that
the States possessed.
Mr.. WHITE, rcsuminp, said he looked upon the
constitution the creation OF States, but the Sena
tor from Vermont seemed to think that the States
were creations OF the constitution. II of
the reserved powers of the State to control Its
affairs when they did not conflict with the laws of
the United States. He then read report made by
stephen A. Douglas upon the law OF 1892 in regard 10
the election Of ncmlers of Congress- and. contin-
uing he said hc would rather sit at the feet OF Doug
las to learn constitutional law than at the feet OF the
senator from Vermont He referred TO past legisa-
tion growing out of the and said he hoped now
the Senate would rctrace its steps and regain the
path which would lead to safety and prosperity.
Mr. EATON. (dcm.) Of Conn. said IL evident that
his friend from Maryland did not believe in tho
power of the general government to employ John
Davenport and 40 marsals to regulate elections in
the city of New York. (Laughter.)
Mr.. WHyTE, resuining said the appointment or SUI
Enised States Judges was clearly no exercise q j%
'dcia power, and Congress had no warrant for au-
thorizng judges TO appoint public officers for
when he received the list of supervisors in New
York and he could not help but say then II they are
officers of the court God help the administration Of
Justice.
Mr.. EDmUSDs-They all taken from Tam
Mr.. wHYrk-No. Tammany was defeated, and they
ali taken from the combination Of Chester
Arthur and others In conclusion. Mr.. whyte argued
that the resolution of Mr.. Edmunds was toward the
Capitalization of power which he would 6ght 40 long
he held seat on this floor
MR.. oARLANp's AMEspMENr AND SPEECH.
Mr.. GARLAND, (dem) of Ark, moved TO amend the
substitute OF Mr. Morgan that IL should read "that
although the Thirteenth, Fourteenth and Fifteenth
amendments to the constitution of the United States
were not adopted in legal manner, yet having been
accepted recognized and acquesccd in by the States,
they valid and binding" &c.
Mr.. GARLAND said IL was strange now, that having
lived under these amendments for many years and
enforcing them after senators had all sworn sup
port them. that doubt should be cast over them
TO their legality. He referred 70 the ratification of
these amendments, and said there was some differ
ence between their ratification and that of the other
amendments. At the time of their ratification eleven
states had representation In either House OF Con-
gress yet the farce gone through with Of having
these States ratity laws. and they were ratified III
some instances by legislatures that represented
nobody this side OF the moon. These amendments
were not made; they grew into our system of govern