Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1880-02-26
xLVI. CONGRESS-.
sENATe.

SEN . NE geo
WASHINGTON, Feb. 25, 1880.
Senator Withers presented a
joint resolution of the Virginia legis-
lature asking grant of land for
educational purposes.
Senator Whyte asked unanimous
consent to have the bill removing
the disabilities Of Joseph M. Heiss
kell, former confederate soldier, Of
Baltimore, taken up.
Senator Edmunds asked why not
try to pass in the place of this bill
the one introduced, by Senator Mes
Donald, repeating altogether the
law which imposed disabilities for
services under the confederacy, secs
ton 1918 of the revised statutes.
Senator Bayard thought that
Independently of the entire re-
peal of the statute the present
case was one of individual
exigency for the reason that Heisp
kell was mere boy and under age
during his whole service under the
confederacy. He thought that all
the youth Of the country, who had
taken unwise or unpatriotic steps,
should Be encouragedto come back to
help make this, what all wish it to be,
government resting in the hearts
of the people. Senator Edmunds
spoke at length in opposition to the
bill, saying in substance that the
time seems to be approaching when
not only all laws to support war for
the union and to protect the rights
of the people preserved by the
union but every bulwark of liberty
under the law and secured by law,
is 10 be swept away, leaving to
what is called state sover eighty the
lives, fortunes and safety of citi-
zens of the United States, leaving
to state courts the power to declar e
that the supremacy of the state is
not under, but against the constitu-
ton, shall go SO far as to- give her
courts and her laws Jurisdiction in
matters Of national concern and in
cases arising under the national
constitution. The day for the ac|
complishment of this end, he said,
has apparently been Fastening.
Whether iti the day that will hasten
peace, good order and fraternity
is open to question. l don't think
it is.
Senator 1Whyte, in explanation Of
the bill, said that Mr.. Heiskell, who
was born in Virginia, was great
grandson of ex>President Monroe,
and that his grandfather rendered
distinguished services to the United
States in the capacity Of surgeon
general of the army. Mr.. Heiskell
had, since the war, been
resident 4 Of Maryland,
and had been faithful tc
every. obligation required by the
constitution or law. He (Whyte)
thought the bill should pass. Sena'
tor Garland thought it high time
section 1928 was repealed, and pro-
posed to amend the bill by striking
out all after the entire clause and
inserting shat section 1918 Of the
revised statutes be, and the saue is
hereby repealed" The amendment
was agreed TO-, and the question
then being on the third reading o.
the bill, it was determined in the
Affirmative; yeas, S6 nays. %, /,
strict party vote, the democrats
voting yea and the republicans nay.
"A long discussion, in which Sen
ators Edmunds, Logan and Thur,
man participated, then ensued upor
the merits Of the bill as amended
b, Senator Edmunds said the effect
Of the repeal of the statute would
be to restore to the army the very
men who deserted it to make war
upon the Gag they had sworn to sup.
port. .t.I ,is '7ptse s- q,
Senator Thurman (O.) urged that.
N case Of q foreign war, the gov
ernment had a right to the services
Of men who were lately in the con.
lfederaey. ~Idid suppose he said,
that long enough time had elapsed
to quiet the fears Of anybody who
is not harrassed with nervousness
that God forbid should ever harrass
'meJ about the lloyaltysoof the
people of the SOUTH" AS "a