Daily globe., 1879-05-17
FDRTI-SlNTH CONGRESS-.
Extra Session.
The Senate.

IHe senate.
SITES FOR FORTS.
WASHINGTON, May 16.-Senator Maxey intro
duced a bill authorizing the secretary of war
to purchase sites Tor forts and posts in Texas.
INDIAN TERRITORY.
The President pro TEN. laid before the Sem
ate message from the President of the United
States in reply to a resolution Of the 7th inst.
requesting information relative to the alleged
unlawful occupation of portion of Indian
Territory. He transmits copy OF his procla-
nation and copies of the correspondence and
papers on file in the war department touching
this subject.
INDIAN FUNDS.
Senator Pendleton reported from the COM
mttee on Indian affairs a bill authorizing the
secretary of the interior to deposit certain In
dian funds in the treasury in lieu of invest
mcnt.
REDEMPTION OF LEGAL TENDERS.
On motion of Senator ingalls, it Was resolved
that the secretary of the treasury be directed
to report To the Senate what amount of legal
tender notes has been presented and redeemed
IN coin since the lsg of January last, and what
amount of coin he considers himself author
lied to retain in the treasury to maintain
specie resumption.
THE LEGISLATIVE BILL.
Consideration resumed of the legislative,
executive and judicial appropriation bill.
Senator Eaton, speaking on the appropriation
bill, defended his former assertion that this is
confederacy of States The war did not
changc the government abolish slavery.
The emancipation proclamation did not free
the slaves. 1t required the independent action
of 4 certain number of the sovereign States to
work these changes in the government of this
Confcderacy of States. The late struggle was
one OF sections, and the present reckless denun-
citation of Southern men was unwise and wrong.
Let the
DRAD FAST BURY IT'S OWN DEAD
and we go as brothers.
Senator Eaton said he now believed that
Webster never called this q coufederacy of
States. This was q mere question of words,
and of little consequence. The important
matter was, that Webster called the government
a compact, and one knowing the nature of the
constitution, must say so. The very trainers
of the constitution, addressing the President
in ITO, called this confederate Republic.
The President in his reply to that, used the
same term. Yet Senators were now blamed for
using similar language. He had no words
scornful enough to brand such conduct. Sen
ator Eaton said the powers of the constitution
were limited. By what were they limited?
Plainly by the States that made the constitu-
lion.
Senator Blaine wanted to know where the
constitution shows that it was made by the
States
Senator Eaton said he would read it present.
ly, and all could see He would tell his friend
something more, namely, that the little State
Of Connecticut, or the little State Of Delaware,
has more power On one point in this compact
than all the other States combined because it
is an equal factor and it cannot be deprived Of
its representations without its own consent.
The compact so provides. True,
THIS IS TECHNICALLY A NATION,
but the word national was purposey excluded
from the constitution when proposed in the
convention, and the word federal insisted on.
The general government has power not dele
gated to it by the States.
Senator Eaton spoke of the legislative bill.
Every man, he said would TASK for fair and
impartial jury and according to the obligations
Of the Senators they were sworn to strike from
the statute books the Infamous and damnable
laws which now corrupted judicial proceedings.
Senator Conkling, (Senator Eaton yielding),
declared the late not waged by one
section against another, but was q war waged
by one section against the union, waged by the
fragment of a party to
DESTROY NATIONAL LIFE.
He said the war having ended fourteen years
ago, jury laws could not affect those who were
boys during the war and therefore could not
be applied to them. They were only applicable
to survivors of the war. lie was utterly op-
posed to the repeal of any legislation under
which white leaguers, night riders, incen.
diaries, murderers violatOrs of law of any
description, could be tried bya jury Of theil
complexion and selection. He suggested tina,
the argument of the Senator from Connecticut
that not nation, an illustration OF
what the Senator had studied at school, under
the title of THE Indefinite Expansibility OF
Matter
Senator Eaton, resuming his remarks, said
that when he gave way for the Senator to ask d
question, he ought not to make speech in the
middle of his own. He (Eaton) said that in
the Southern States to-day, honest men are
kept ont of the jury box by judges, marshals
and attorneys who are rot honest men.
Senator Butler, noticing remark of Senator
Conkling, said he was present at the circuit
court of South Carolina in 1877, and saw the
chief justice authorize the administration Of
the iron-clad oath. This oath admins
tered to every Democrat and not to single Re
publican. Among the Republicans were three
men who served in the confederate army, ono
of them lieutenant under his (Butler's) com
Tuand.
Senator Conkling said the court must have
read the sacred record, 'by their fruits ye sbal
know them" Senator Conkling
DEFENDED JOHN DAVENPORT,
saying the chief supervisor for the souther,
district Of New York, Mr.. Davenport, was
citizen of New York State, and if he violated
any law was amenable to punishment the sam,
Us any other citizen. Yet in spite of all tn
charges against him no suit had been brough
against him. Many Of the men prevented
from voting on naturalization papers hay
since taken the first step toward becoming
citizens, showing the invalidity of their forme
papers. He read from the report of Hon. s
s. Cox's committee made March Sd, 1877, eulo
giving and commanding for imitation the law
under which perfectly fair election was he'll
in New York in 1870. He thought Sen alto
Eaton would recognize Cox good Democra a
and his opinion as valuable.
Senator Voorhees, said every one would con
cur in Mr.. Conkling's statement that New
York could take care of her own affairs We
that Senator had spoken of corrupt forces pre-
venting fair elections in New York. .g&He, Voo1
hees, desired to know why that State wa
calumniated here by the statement that he
elections have been disgrace to civilizatio
and dominated by ruffians. Was she so lov
and poor in the political scale that she come
as an humble supplicant to the federal govern
1aent asking that John Davenport be endowe
with imperial powers in order to secure fai
elections.
Senator Conkling said this rhetorical ou
burst lacked one quality common in the Sens
TORS eloquent speeches. viz, originality. Thi
charge against him, Conklug, had been mad
in the newspapers, and at least half doze
Senators had not hesitated to pick it up. q
was responsible tn the people who hcnored hin
When that people was eliminated by him b
would bow in repentance befoe the authorit
he was bound to recognize, and he would nt
cali upon the Senator FROM Indiana to Wind
cate the honor of New York. New York wa
able, if she saw fit, to punish all offender
against the laws within her borders, but sh
left certain classes of offenders to the jurisdic