The New York herald., 1879-02-02
PROCEEDINGS OF CONGRESS.
SIN MI
WAsHINGTC

WASHINGTON, Feb. 1. 1s7sSs.
The Senate resumed the consideration of the tn
finished business. being the resolutions of Mr.. 81
munds' (rep.) of VT. declaring the validity of
the Thirteenth Fourteenth and Fifteenth amend
ments to the constitution of the United States.
Mr.. MORGAN. (dem) of Ala. continued his argu-
ment in favor Of his substitute from the point where
he left OFF on Thursday last He first quoted at
length from the Cruikshank case decided
by the Supreme Court, and said his substi-
tute was based upon that decision He ar
gued that the Congress of the United States was
no place to make laws for the government of men in
their capacity citizens of different States. He Mr.
Morgan) was not sent here to correct anything in
Vermont Oregon which he might think was a
violation of the constitution of the United States As
national LEGISLATOR he had right to interfere in
the local affairs of any State He then made lengthy
legal argument to rights of citizens their protec-
ton by their State laws, &c. and claimed that it
the duty of State to protect her citizens. He again
quoted from the Cruikshank to show that
the Fifteenth amendment to the constitution
has invested the citizens OF the United States
with new constitutional right, which is exemption
from in the exercise of the elective
franchise on account of race color previous
dtion of servude. and 1t is within the jurisdiction
of the United States, which Congress may exert by
appropriate legislation. to prevent the denial or
abridgment by a State of the right OF citizen to
vote. Referring to the Thirteenth amendment Mr.
Morgan said slavery not impossible under it, be-
cause in it the reservation was made that might
be enslaved for the punishment of crime. Further
alluding to slavery, he said slavery in the South.
when it existed involved such hideous feature
taking free men and making them slaves. The
groes slaves when the people of the South
bought them, but his friends in the Northeastern
section of our country, when they bought the Indians
from Cuba aud from the Narragansett tribes, bought
free men and made them slaves.
A BILL OF SALE PROM GOD.
Mr. EDMUNDs in reply. referred to the early history
of Vermont on the question of slavery. when judge
before whom application was made for the of
u slave said when the claimant could show a bill of
sale for the man from Almighty God he would be re-
turned and not before.
Mr.. MORGAN referred TO the constitution and the
duty that Judge to obey his oath to support the
constitution and the laws. That judge knew Al
mighty God did not issue title papers and it his
duty TO obey the laws then existing. Such Judge
might be a sufficient model of honor and propriety
for the Senator from Vermont. but he (Mr. Morgan)
thanked God they had no such Judge in his State.
He next referred to the constitution of Alabama and
constitutional amendments. Alabama had declared
in her constitution that she did not possess the
rirht OF secession. No Northern state had made
such declaration in its constitution. Massac chusets
believed in it in 1912. She believed i'll it the Hart
ford Convention The people of the South had
stopped taking lessons in that school, The people of
Alabama have no bitterness. no animosty ut ALL on
account of the late war or its losses. They had
buried them long since, with sigh. In conclusion.
he said that the resolutions of the Senator from Yer
mont we're too complex in their arrangements, too
concealed in their purposes, to enable him (r. Nor
gam TO vote for them No good could
grow out of them, because they called for
mere expression OF opinion OF the Senate
The concurrence of the House was not asked There
enough for the Senate to do without using the
public time In the expression of opinions not
tial and of Referring e. decisions of the
supreme Court of the United states to tho
stitutionaty of certain laws, Mr.. Morgan inquired
of Mr. Elmunds IL he would vote to re-enact law
in the of decision of the Supreme Court the
United States against IL.
Mr.. FpMuNDs said he would re-enact that law in
case he thought IL was right.
Mr.. MORGAN said there the difference between
himself and the Senator from Vcrmont-hc would
Supreme Court OF the United States. lie believed in
the right of the Judiciary TO sit in final judgment
the acts of Congress.
A DIfrERESCE IN APPLICATION.
Mr.. TpNusDs said he only wanted 70 say just now
that his notions of constitutional law only differed
from those of tho Senator from Alabama in the way
applying them. He did believe in the right of
a party against whom the supreme Court of Tho
United states had pronounced judgment 20 resist
that Judgment on any ground of higher law: there
might be exccptions-he would not discuss that now.
II not any higher law but fidelity to the const
tuition and TO his oath which compelled him when
called upon Senator to pass law to be his own
Judge 10 whether the constitution authorized him
nsy great respect TO any decision of tho
Supreme Court of the United States but IL after fair
and due deberaton IL should be his opinion that the
law was authorized by the constitution he would be
guilty of perjury should he fail 10 vote for IL
count or any decision OF a coordinate branch of the
fIe did not want to be held up person defyng the
Supre,nc Court of tho United States account of
some imaginary higher law
Mr. BAyhRp, tdcn.) of Del, then took the floor but
yielded to Mr.. Ransom. of North Carolina, for mo-
ton for executive session.
HOUSE OF REPRESENTATIVES,.