Daily globe., 1879-06-07
FORTY-SiNTH CONGRESS.
Extra Session.
The Senate.
Xhe senate.
MISSISSIPPI RIVER COMMISSION.


MISSISSIPPI RIVER COMMISSION. s,.sr
WASHINGTON, June 6.-Senator Lamar, from
the select committee on the improvement of
the Mississippi river and tributaries reported
with amendment House bill to provide for the
appointment of the Mississippi river commits
sion. Placed on the calendar and Lam ar said
he would ask leave to call it up for considera-
tion at an early day. The Senate concurred in
the House amendment.
THE SILVER BILL.
Senator Coke asked Mr.. Bayard, chairman
of the finance committee, what action had
been taken on the Warner silver bill. BE had
understood the committee had agreed to post
pone its consideration until December.
MIR. Bayard did not feel authorized to say
what had taken place in the committee. He
would only say that no member had been in
structed to report on the bill. laos
Mr.. Coke then said his sense of duty led him
to offer q resolution to discharge the committee
from further consideration of the bill, and to
declare the bill before the Senate for action.
Senator'S Edmunds, Whyte and others OBJ
jected, and the resolution went over.
EDMUNDs' ARGUMENT.
Senator Edmunds resumed his remarks on
the bill to repeal sections SOL, s2O and S2l of
the REVISED statutes.
In the courte of Senator Edmun,ls' remarks
Senator Thurman interrupted to say that unan-
imous consent could probably now be obtained
to reconsider the vote by which the third read
ing Of the bill was ordered, so that it might
still be amended. He intimated that Senator
Edmunds' amendment offered yesterday, while
considered unnecessary, would not be again an
tagonized.
Senator Edmunds said he would like more to
recommit the bill. If it could not be arranged
otherwise he would so on.
Continuing he asked Senator Hampton if
what he stated yesterday about a judge in
Charleston being himself unable to take tho
oath while even Republican jurors were ex-
cluded for such inability, came under his own
observation.
Senator Hampton said he stated it upon the
information of his colleague, who was present.
ought to be appointed to investigate the m at
ter in all its lights. Then we could get more
satisfaction than from mere statements by
observers. In regard to the exclusion of jurors
who had given ''cup of cold water" to con-
federate soldiers, Senator Edmunds declared
that the kind of aid or comfort contemplated
in the statute which would call for discretion
of the court was only accessory, and that which
was intended to further the purpose of trans
gression. He pointed out what he thought
the ,-. ..f +. - 80.
ABsURDITY AND vICIoUsNEss
It was the beginning of practice, he said, that
would end in recognizing all other mental
differences in the selection of jurors. Present.
ly We would have Catholic opposed to Protest
ant, and would have to provide for free traders.
know nothing. aud all shades of political and
religious thinkers.
Senator Thurman thought Senator Edmunds
was terminating another veto message. He was
advancing sophistries for the people who were
not sharp enough to invent them for them
selves in order that they may come back in a
sort of shuttecock and battledore from the
other end of the avenue. (Laughter.) H5sr
Senator Thurman said Senator Edmunds ap.
peared to be afraid to leave the qualifications
of Jurors with the States but section 800 left
them there, and by that section the law OF
Maryland would exclude blacks from the jury
box. The Republican party repealed and en-
forced that section and did not find fault with
it, certainly not until 1875, when the law was
passed forbidding airy discrimirations fol
jurors in federal courts on account Of race,
color or previous condition. New, if the act
of 1875 prevented discrimination under the
State law of Maryland, then it would still pre-
vent it in spite of this bill.
Senator Conkling pointed out that the bill
repealed all general or special laws conflicting
with it.
Senator Thurman replied there was nothing
in the bill conflicting with the law of 1875
The words referred to were not worth the inl
consistent with it were repealed by implica
tion, but there was no possible implication il
this bill by which the law of 1875 affected
The bill simply repcals the qualifications pro
scribed in section 500, and does not touch th'
modification contained in the law Of 1875 as t.
repeal of the test oath. Senator Thurman sal,
he supposed there were men living who re
grett ed the repeal of the test oath, excluding
Catholics and Jews from political and judicia
rights in Great Britain. Until a milleniur
arrives there will be men seeking to use te,
oaths to dstranchise and exclude from publ
employment. and from liberty itself, those
whom they are politically opposed. But b
surprised to see test oaths defended in th
American Senate.
Senator Whyte explained the jury law o
Maryland, in order to correct any erroneous in
preston made Senator Edmund's remarks. /
addition to a list of taxable white citizens, tt
Judge selects panel from the poll-lists of tt
last previous election. Those chosen must
men of intelligence, character of sobriet.
without any further reference to political b
lief. -s =" f4Ele
Senator EdEunds asked if it was an actu
result that colored men were drawn as juro
under this law. . ... .,.,
Senator Whyte said he did not know abor
country courts, but in the State courts he hs
not known of oiored men being on jurie
But there discrimination in the dra'
ing. The lists did not show which names we
of black men.
Senator Edmunds wanted to know how
happened that no negroes ever happened to g
on juries.
Senator Whyte did not know why, exec
that their names did not happen to come OF
He said he had never heard a word of col
plant from tee colored people in this regar
N, better class of citizens could be found th
the negroes of Marylan They we're respect
and protected and had no cause of conplaii
Why were they not drawn on federal jur
once in while? A solitary black was seen
the federal Jury to show that color was not
criminated against, but they were very few.
Continuing his remarks Senator Whyte 81
there was a practical discrimination agail
Democrats in drawing federal jures in Ma
land and it was nearly miracle if a De.noc
was acquitted in certain cases tried bef
iuries composed almost entirely of Repu
cans Every Republican indicted in the st
courts for violating State law immediat
removes his trial TO che United States cou
where he can be tried by men of his own
litical party.
Senator Whyte argued from these facts in
yor of reform, such as the peiding bill |
yides.
Senator Bayard did not think the bill c
tanned any provision unier which discrimi
ton on account Of race, color and previ
condition of servitude could be made, sine
did not conflict in any way with existing !
g On that point, but as he only wanted the
~, substantially to be successful, to prevent