The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-31

themselves by resolution 10 keep their oaths to
support the thirteenth. fourteenth and fifteenth
amendments. Every Senator on his side OF the CHAM
Der would rather have this matter left to his own con.
science. sanctioned by an appeal to Almighty Goa
than 10 any political resolution.
vERMoSTs DIsLoyALry.
He then argued that the constitutional amendments
had been solemnly ratified and there was no neces-
sy bringing this matter back to the attention OF
the Senate to declare by resolutions that the amend
ments were valid state after State in the South had
changed its constitution to conform to the fifteenth
amendment and yet the State OF Vermont and other
Northern States had failed to do so. Why had IT
never occurred to the senator from Vermont to use
his magnificent powers in the North to go with some
missionary effort among the Northern States and ask
He hoped now that the Senator would convert himself
into sort of missionary agent with view to having
tine Northern States frame their constitutions accord
ing to the fifteenth amendment, the Southern States
with the exception of Kentucky. having already done
so. He then explained his substitute for Mr. Ed
nunds resolutions, and said the substitute did not
seek to bring before the country any narrowing qucs
ton, but rested upon the ground that the amend
ments were part OF the constitution and were as
valid any other part OF it, The democratic party
and he hoped every Alperican, concurred with the
Senator from Vermont that the amendments were
valid. Was not that enough? What more could they
do?
AUTHORITY OF THE SUPREME COURT.
He then read from the remarks OF Mr.. Edmunds on
the Warren Mitchell bill delivered in the Senate few
days ago. the effect that when called upon to
lawInaker the decisions of the supreme Court
could have no more influence over him than his de-
csions could have over the Supreme Court and con-
tinuing. he sail he found that the real quarrel
the Senator from Vermont was with the Supreme
Court OF the United States. 1t democratic doc
trne to support the decisions OF the Supreme Court
The resolutions OF the Senator from Vermont now
before the Senate attack upon that doctrine,
and, therefore. attack upon the democratic
party. and when that party failed to meet
such attack it would amount to naught. He
argued that all matters relating to the boundaries of
the jurisdiction of the Legislative judicial and execu
% 70 DC ts ns % Tc
mont reminded him Mr.. Morgan OF an inverted
pyramid. They had no meaning in them; nothing
but vague generality. unless they had covered
political purpose They declared that the people of
each State have interest i'll the enforcement
OF the whole constitution in every State in the
Union" It was little remarkable that the Senator
had left the Territories and the District of Coum
bia Had the people of the District and the Terri
Of the Senator from Vermont to visit upon States
penalties which Congress had no more power to pro-
scribe than he mr. Morgan) had to interfere with the
domestic affairs OF that Senator. Was the omission
OF the District and the Territories pss the part
9uty Of isu When he left out the District and
Territories he did because he did not believe that
the District and Territories were subject to the
amendments.
COMMON INTEREST OF THE PEOPLE.
The resolutions declared the people of each State
had q common interest in the enforcement of the
whole constitution. The people Of Alabama never
considered that they had any interest in the enforce
ment of the constitution in the State of Vermont
SO fur Congress the agent of the people to
force the constitution for the good Of ALL and by legal
methods the people were Interested; but the people
or AaDa.na tuQ not CHILL any 10 scuu
rcmonstrances to Vermont complaining, Of
her acts: If man should be deprived OF
the right Of trial 9y r Of or of b ths
right to complain. common right was right
enjoyed by all. therefore any little State might be
called account by another for any act deemed I'M
constitutional. For instance. the people of New
Hampshire might have been called to account for
not allowing any one to hold Office or vote unless he
was O professor of the Protestant religion.
Mr.. EDMuNDs said he did not say in his resolutions
that the people had a common right. He said they
had 80 common interest," &c.
Mr. MORGAN said he would like to hear the Senator
from Vermont declare the floor of the Senate that
by the word interest" ne meant that the people OF
of the people of other States.
: Mr.. EpMuNps-I will send my friend the diction-
airy rather than disown anything. I4aughter.)
Mr. MORGAN, continuing his remarks said he had
not misinterprcted the RESOLUTIONS of the Senator.
His meaning in the resolutions concealed, hidden
away by the verbiage of an astute mind. Why did
the Senator mention three amendments only and not
the whole constitution? What was part of the in
verified pyramid. the apex OF which was on the
groundf
Mr. ROLLINS, rcpl Of N. H.. in reply to Mr.. Nor
pans remarks about New Hampshire, said all the
people of that state could hold Office and VOTE too
Mr.. MORGAN inquired how long such had been the
case. ..sN
Mr. ROLLINS replied since the republican party had
control of the State. daughter.
In further reply, Mr.. ROLLINS said no citizen had
been deprived or the right to vote in the State
OF New hampshire
DUTY OF THE EXECUTIVE POWER
Mr.. MORGAN then resumed his argument. and re-
ferrod to the part of Mr.. Edmunds' resolutions de-
claring it the duty Of the Executive Department of
the government to faithfully and with diligence
carry all laws to enforce the amendments into effect,
&c. He argued that the Executive was simply the
right hand of the Judiciary to enforce its DEGREES.
Did the Senator from Vermont mean to leave out of
his resolutions any reference to the Judiciary? When
he to reply would he deny that he ignored the
rights and powers of the Judiciary?
Mr. EpAuNps said lest he should forget 1t he would
Mr.. MORGAN said. with great respect to the sena-
tor from Vermont he would suggest some improve
In la Af hfQ n1trfin has
tor meant that the President of the United States had
the right to the army of the United States when
Executive Department authority to go by other
agencies than those prescribed by civil lawthen the
Senator and himself differed to the constitutional
powers of the Executive.
Mr.. MORGAN then spoke of the reverence which the
American people had for its Judiciary. There no
other one thing that they looked upon with that
feeling Of attachment that they felt for tho
power OF protection of their Judiciary, and
would win ms way VINO commenced by dscarding
Of the Senator from Vermont were to repeal the
decisions Of the Supreme Court of the United States
He t4r. Morgan) would stand by the tribunal which
had the right to sit in Judgment upon all questions
arising between the government aud the people.
Before the Senator (Mr. Edmunds) could get at MIN
to crush him he must override the decisions of the
Supreme Court, behind which lie Mr.. Morganl took
shelter. The Senator from Vermont was like the
man found by our Saviour wandering among the
tombs-though sane he seemed to be possessed of
some spirit which would cry oHt, I'VE know thee
who thou art The Senator (Mr. Edinunds), like
that man among tho tombs, when lac met the SUI
preme Court of the United States cried OUT. ''Wc
know thee who thou art. Why hast thou TO
torment us before the timer
Mr.. EpMuSDs-There is another passage Of Scrip
ture which applies better.
Mr.. MoRoAN-Let Inc hear IL.
Mr.. LpMuNps declined to interrupt the Senator.
Mr.. MORGAN then continued his argument and
quoted from numerous decisions OF the United states
supreme Court rs to the powers of Congress. right
of citizens to VOTE to what extent they could be pro-
tectcd by Congress, &C., bat before concluding his
argument yielded to Mr.. McCrccry, of Kentucky who
submitted motion that the Senate into
session. which agreed t., and the Senate ut four
o'clock p. NJ went into executive session.
ARMY REORGANIZATION.
During the executive session. the doors being con-
structvcy opened Mr. BURNSIDE. trep.) OF X. l..
moved 10 amend the bill recently reported by him
from the Joint Committee Army licorp anization
by withdrawing certain portions OF 10 to be referred