XXXIXTII CON6IRESS-IIRS . 1" SERSIO,N CLOSE OF YESTERDAY'S PROCEED/14CM SENATE,—Mr. Wilson (Mass.) introduced following joint resolution to fix the rate "'of -mileage for officers traveling on public duty which was referred to 'the Committee Sill t ary Affairs. 1 1. ; , Viesolved, That so much of the act entitled ", • .P-An act to define the pay and emoluments of certain officers of the army and for other ,-,;„purposes ' approved July.l7th, 1862, as pro vides that the mileage of officers of the army ..;;traveling upon public duty should there 'after be six cents per mile be and the finite is hereby repealed, and the rate, of ' -Mileage to be hereafter allowed to officers of the army traveling upon public duty shall be ten cents per mile, when transportation in kind is not furnished theta by the govern ment. Mr. Grimes (Iowa) introduced a bill to establish a hydrographic office in the Navy Depaiitment, designed to aid navigators by .supplying nautical charts, sailing directions and manuals of instruction, at the cost of printing. It was referred to tile Naval Com mittee. The annual report of the Commissioner of Patents was laid before the Senate: Mr. Conness (Cal.) presented the memo rial of the California Legislature asking for certain amendments ter the Pacific Railroad bill, which was ordered to be printed. Mr. Stewart (Nevada) presented the me morial of the Nevada Legislature against the the sale of the mineral lands. Also concur rent resolution of the Nevada Legislature asking the speedy trial of Jeff. Davis, which were ordered to be printed. Mr. Conness called up a bill to grant pub lic lands to aid in the construction of a rail road from Humboldt Bay-to San Francisco Bay, in California, which was passed. On motion of Mr. Brown (Mo.) the Senate took up a bill to grant public lands to aid in the construction of a railroad to the Pacific, through MissoUri and Arkansas, by the southern route. It incorporates the Atlantic and Pacific railroad company, and authorizes it to construct a railroad from Springfield, Missouri, to 'the Pacific coast by a southern route, and grants every alternate section of landi along the route to aid in the work. At the conclusion of the reading of the bill the morning hour expired, and the further consideration of it was postponed until to morrow. Mr. Fessenden (Maine) from the Finance Committee, reported the Naval Appropria tion Bill for the ensuing year with cer tain amendments, which was ordered to be printed. Mr. Johnson (Md.) presented the creden tials of Benjamin F. Perry, Senator elect from South Chrolira, which were ordered to lie upon the table. The concurrent resolution that no Senator er Representative from a lately seceded State shall beadmitted until Congress shall have declared such State -entitled to representa tion was taken up, Mr. Nye (Nevada) bilk the floor, saying in the present crisis the best mode of ac tion was a firm adherence to siMple princi ples. He would not attempt to travel anew the battle fields where loyalty had combated treason. Duty requires us to act, not for indemnity for the past, but for security for , the future. We ought not to fail to examine what was the cause of the conflict that has filled the land with widows and orphans, and with a vast accumulation of debt that will hang for years like an incubus on the toil and industry of the country. It is no time to gloss over or attempt to palliate the motives in which the rebellion originated. It .is necessary that we- should take these motives into strict account, in order fully to nndersbind how to prevent a recurrence of such a rebellion. - Mr. Nye sent to the desk and caused to be -read a letter from Mr. Garnett (Vs.) to Mr. ' Prescott (S. C.) written.: before the war corn-, menced. He said that the spirit of demo cracy was inconsistent with slavery, and this was the cause of •the rebellion. That this sentiment was echoed by the Southern press before the war, and re-echoed by the enemies of republican, government in Europe, by the press and aristocracy of Great Britain, and by the Emperor of France. It was unfortunate, he said, that the country did not understand more fully the true nature of the issue. Had it been understood in the South that the struggle was between democracy and aristocracy nine-tenths of the people of that section would hive remained true to the Union, and there would have been no sympathizers with the rebellion in the North. Speaking of the condition of the Southern Stated, Mr. .:Nye said it mattered little whether they were technically in or out of the Union. It was enough for him to know that the people of these States had forsworn their allegiance to the- 'Union, government, and sworn elle eance to the opposition government. With -out going further in specification, this was the attitude of the seceded States when the ,result of arms decided that these States or territories, and the people .thereof, belonged .'to the United States, and were to be dealt with precisely as the exigencies of the case demanded. That these States had demol ished and broken down their own State governments, and superseded the State fan ' .mental laws, is technically, theoretically and practically true; for it will not be con tended that State governments • can exist • Within the boundaries of the United States in, opposition to the Constitution of the United States. No State government can exist that does .. not accord with the Constitution, and is not 'subordinate to the supreme law of the land. - ;Neither the President nor Congress, nor ...any , department of the Government, has yet "issumed that these seceded States could re instate State government under their old constitution. They have been told by the President that new constitutions must be made. They have been told the same by Congress. 'The people of these States are • well aware that the old fundamental law :was overthrown, that the pretended new .governments, set up in place of the old, have been demolished, and that the condi tion of citizenship - has been immensely altered. Mr.. Nye said he had heard it asserted that States could not commit treason. He de nied-this, and maintained that a State could commit treason, and that a majority of her people could, by acts or hostility, subject themselves to the penalty of death. He was proud of his citizenship of New York, but hews a citizen of that State before, under the auspices of modern Democracy, the Northern wing - of the rebel army had ap peared there to burn asylums, and by raising mot:113,10 insure the defeat of the Union army. Referringto the history of San Domingo, he said it:might be profitable to contemplate the history of French atrocity in San • Domingo, for we might yet live to see a similar policy undertaken in our country.. Though the blacks, as a raee, are naturally peaceful, they are capable of being goaded into exasperation. Had the ruling powers of France been just to the blacks on the island, how much better it would have been for all parties. He did not deem it impos sible that we might yet liave something similar to the horrors of San Domingo in this country, for the spirit of slavery was the same everywhere. ~He did'not deem it impossible, for - it was aid that men learn little except through the teachings- of calanaity. The blacks had been promised freedmni they had been taught the use of arms, and could point to honorable scars . received in the Union armies. • Absolute impartiality was the only safe „ guide for the nation. , If it was claimed that • universal suffrage• would lead to a war of races,he would advocate universal suffrage ass means of-national defence. He would .oppose the admission of- the Southern Ra a 4nesentativee and mnion) until they came ' - "• .• : here in;the persons of loyal Men, represent ing loyal constituencies, which they did not represent at Present. He felt that he repre sented the' sentiment of a majority in COll - when he- said he `hoped to see the- Southern States represtinted here at the. earliest possible • day consistent with the welfare of the whole country. He was not more a friend \ of the North than of, the South, and no one would be more happy than he to see peace and prosperity resume their sway in the lately rabellious-States. • Mr. Johnson, at the close of Mr. Nye's re marks, moved tat the further contidera tion of the subject be postponed till to morrow. ' Mr. Fessenden deprecated the slow man ner in which the debate progressed. He asked how many speeches. were yet to be made on the other side, and gave notice that to-morrow he would ask the Senate to situntil it passed this resolution, however late that might be. . Mr. Hendricks said the proposition of Mr. Fessenden was unfair, as several speeches were yet to be made on his (Mr. Hendricks) side of the House. Mr. Johnson withdrew big motion to postpone. Mr. Stewart addressed the Senate on the pending concurrent resolution. He did not believe the resolution very important in it self, or at any other time, but in the present Perturbed condition ok the public mind it was of •vast importance, considering the breach between the President and Congress. This resolution was like a rivulet trickling down the mountain side, capable of being turned aside with a spade, but which it was possible also to augment into a current of discord, dashing down into an ocean of trouble. Mr. Stewart proceeded to discuss the President's policy, reviewing it at length, and advocating it, prejuding his remarks with the statement that, since dilatory reso lutions had been agreed upon, speeches might as well be made upon the pending resolution as upon any other. He denied that eleven States had been declared in in surrection.* Mr. Lincoln's proclamation de= clared the people to be in insurrection, and not the States. It was Mr. Lincoln's theory that the people might rebel, but the States could not. In conformity with the theory he went so far as to authorize one-tenth of the people of any rebel State to form a loyal State government. The war, said Mr. Stewart,was prosecuted for the maintenance of the laws and the integrity of the Union and the Constitution. He had made the campaign on that issue,*and met copper heads on it, and did not propose to eat his words now. He denied the power of any State to withdraw from the Union. Mr. Conness asked Mr. Stewart how many loyal men there were in South Caro lina when Sumter was fired on? or how many when Sherman marched to the sea? Mr. Stewart said he had not taken the census of South Carolina—he was discussing general principles. If theie was one loyal man in the State he had a right to the pro tection of the government. At 5.10 P. M. Mr. Guthrie moved to adjourn. Mr. Fessenden demanded the yeas and nays on this motion. Yeas 8, nays 15. ' A quorum not voting, Mr. Clark moved that the Sergeant-at-arms -request the at tendance of absent members. Mr. Hendricks moved that the Senate adjourn, which was carried. HOUSE.—The House resumed the conside-. ration of the proposed constitutional amend ment. Mr. Davisspoke against the constitutional amendment. ..)Ele believed that the South ern States were not out of the Union, and bad not lost any of their rights as States. He contended that the decision in the prize cases did not cover the principle which so many members attributed to it. The fact that the rebel States were declared enemies did not constitute every citizen in those States an alien enemy. If Tennessee were a territory, the President of the United States could not prosecute a claim in any Federal Court without running the risk of being non-suited on the plea of his being an alien enemy. He had no sympathy what ever for• any man who voluntarily took up arms against the Federal government, and he would never consent that, any such should take.his seat in this hall as a Repre sentative. But if loyal men came from these States to Congress he would be ready to vote for their admission. With the anni hilation of slavery all real distinctions between the two sections were wiped away, and there should be no further cause for embitterment, Two and a half, years ago Horace Greeley and other radicals were willing to make peace, and say nothing at about the abolition of slavery. That aboli tion has come, and has created a radical change in Southern society. Such changes never took place without leaving great dis content and dissatisfaction. That Was natural,but the North should evince magna-* nimity to the conquered people of the South. Mr ; Lincoln's entire policy and that of Con gress and of the country was that the pro secution. of the war was to bring back the seceded States—not to allow one of them to go out. The war was not prosecuted for subjugation. He might summon from their honored graves the countless thousands who, under the flag of the republic, fell in defence of freedom and the government; the thousands and tens of thousands who per ished of cruelty and slow starvation in the prison yards of Libby and Anderson and ask them for what they had died. The answer would come from one and all, we died for the Union, unbroken, undi vided and at peace; and yet to day the' sacrifices for the \Union and peace were spurned. If even one loyal Representatives from a Southern district were admitted here, he would form a nucleus around which all the loyal citizens of that State would rally, and the process of restoration would go on until every State was restored to full communion with the generAgovernment, with all its rights under the Constitution, which should be acknowledged every where supreme and beneficent. lint he did not believe that a cruel and proscriptive policy would ever restore the Southern States to a condition ofloyalty. Loyalty would not grow on such a soil. It should be encouraged by kindness and conciliation. • Mr. Woodbridge obtained the floor. Mr. Steyens sent up to the desk and had read the despatch in reference to the caucus of the Pennsylvania Legislature, and asked unanimous consent to have it referred to the Joint Committee on Reconstructiurt. Mr. Randall (Pa.) the committee of de struction. [Laughter]. Mr. Chanler objected on the ground that the .reierente was useless, the despatch being already in the hands of the'' head • 'ne that committee. Mr. Stevens—As there is a difficulty about it, I will withdraw the document. Mr. Woodbridge addressed the House in support of the proposed amendment to the Constitution. He said grave responsibilites rest on members of this Congress. We are not writing history which is difficult but are making history which is more difficult still. The footprints of this Congress will be mi the rocks of the mountains. Natural and political convulsions may ensue, re publics may rise and fall, systems of gov ernment may be originated and then de stroyed, but never, so Bong as the earth rolls will the footprints which this Congress makes be wiped from the history of the earth. There has not been a day since the foundation of this republic, when all the candor, the calmness, the deliberation, thi3 foresight, the wisdom of 'congress,' have been so imperiously demanded eta now. Our fathers transported on an :unknown sea, in a ship of State made without a model, had doubtless anticipated, that during the,voy age tempests might arise which Would test the strength of the ship and develop its weakness, if any existed, and that repairs itiEkt be necessary. RA- many years pro TRE DAILY EVENING.BULLETIN : PHILADELPHIA, THURSDAY, IiARCH 1, 1866. pitious-gEdes filled :their sails: For! many years she sped :on her way in, peat° and safety. -The breakers on her lee shorenever seriously fretted her, The waves had never beat upon that one false and rotten plank which _covered her sides. But in the.provi dence of God the tempest came. •• Therotten plankhas been wrenched from its place. The old ship trembled from:her rudder to her bowsprit; but thank God she has rolled out to the wind, and now she needs, in my judgment, some slight repairs. The plank of slavery is to be replaced• by a plank of freedom, and we are told that now is not the time to make this species of legislation; that, we are not calm enough to do it; that we are surrounded by influences which have ex cited our passions; that the disappointment which has come on the majority of the. House has unsettled the calmness of their reason, and rendered it impossible for them to give it that deliberation which the great ness of the subject demands. Sir, 'the general in time of battle and dau-, ger is calmest and bravest. The sailor may rest in the calm, but when the winds roar and the breakers are ahead. every man must be at his post. The ship must be saved, although here and there a sailor may lose his life. To meet the new con dition of things, many amendments, have been proposed to the Constitution. Many of them are, in my judgment, utterly im proper, and most of them are entirely useless. Mr. Woodbridge went, on to argue that the proposed amendment was proper and necessary. The shackles had been knocked from millions of human chattles, and they had become in an hour,/ living, thinking, moving, responsible beings, and citizens of the United States. If Congress did not pro vide for protection to that people, their con dition would be worse than it was before, because the accumulated prejudices of cen turies with the unmitigated craft of those who had'held them in bondage and would no longer hold them, would culminate on their heads. In alluding to the position of the Presi dent, he said, I cast no imputation on the President of the United States. I believe him to be honest, faithful and patriotic, and I pray God that discord may be quieted and that the President and Congress, act ing together firmly, manfully and for the right, may preserve the great party of free dom, on which depends not only the liber ties of this republic, but the existence of free principles and Christian civilization throughout the world. I believe this amendment not only justifiable but neces sary. I approach a constitutional amend ment with as much shrinking and hesita tion as any man on this floor, but the age is an age of progress. If we meet the obli gations which we owe to our country, we must pass an amendment of this or a si milar character. Mr. Bingham approached the discussion of the question mare that it was utterly im possible for him7to do justiee to it in the time allowed. He thought the gentleman from Vermont (Mr. Woolbridge) had ut tered words which ought to be considered and accepted by gentlemen, when he said that the aetion of this'Congress on the fu ture prosperity of the country will be felt by generations to come. He believed that the people had entrusted to the present Cou gress the care of the Republic, not only for the present but for all the hereafter. The Committee on Reconstruction would not have recommended this proposition but for their confidence that its adoption and ratifi cation were -essential to the safety of all the people of every State present and to come. He repelled the suggestion, made in the heat of debate, that the committee, or any of its members, scitight in any form to mar the Conilitution, or to take from any State rights that belonged to it under the Consti tution. This was simply a proposition to arm the Congress of the United States, by the consent of the people. with power to enforce the Bill of Rights as it stood to-day in the Constitution. It had that extent— no more. Mi. Hale sought to ask a question. Mr. Bingham declined to yield, and said that gentlemen who seemed to be very de sirous of standing well with the President of the United States—recent converts— would, if they looked narrowly to his mes sage at the opening of the session, find this very proposition vindicated and approved by bite, for he there told Congress that it was the right of every man to be secure in life, liberty and property, but that it rested on higher authority—on the authority of the people, speaking through their Constitution, when they declared that the citizens of each state should be entitled to all the privileges and immunities of citizens of the'Uniied States in each State; and that no person should be deprived of life, liberty or pro perty without due process of law. • He argued that the proposed amendment did not in any way interfere with the re served rights of States. Messrs. Rogers and Hale each sought to ask a question. Air. Bingham pe;emptoriligrofused to be interrupted, and referred to the statement of the gentleman from New Jersey ( Sir. Rogers) that he wes opposed to it,because it came from ajoint eommittee more tyrannical than any tyranny which disgraced the reign of Louis XIV. If the amendment was good he (Mr, Bingham) did not see that was any objection to it, though the gentlem:.n seemed to think it was. He (Mr. Roger,,) m ust have spoken sportively and ironically Probably he would not have spoken at all but for the fact that somebody else at the other end of the avenue had so spoken, when he denounced in a speech to a party of the gentleman's choosing this Joint Com mittee on Reconstruction, raised by both Rouses, as being dictatorial, unconstitu• tional and unauthorized by law. If the gentleman (Mr. Rogers) was not speaking ironically one would have supposed he would have made haste to withdraw him self from all connection with such a com mittee. It was a wonder he did not shake the dust from off his feet as a testimony against it, and lifting up his hands thank God that he was not made like other men, and exclaim: "My soul be not thou united with them." The ,House had heard the other extraordinarY argument made by the gentleman from Pennsylvania (Mr. Ran dall) that however just the amendment might be it should not be passed in the ab sence of the representatives of the eleven States lately in insurrection. Mr, Bingham referred in this connection to the reply of Mr. Madison, when asked, in regard td the adoption of the Federal Con stitution' by nine of the thirteen original States, by what right it should be made binding; the answer being, "The right of tb e people to self-preservation justifies • it. R rests upon the transcendent law of nature and of nature's God." That right had gone with the people through all their struggles. If the argument of the gentleman from Pennsylvania were logical, Coffgress could not have passed a single bill during the past five years affecting in any sense the inte rests of the people of the eleven rebel States. In that objection the gentleman had simply been borrowinganotit4r argument from the President, who had set forth something very like it in his veto message to the Freedmen's Bureau bill. Then the House bad heard the calmer and more deliberate utterances of the • gentleman.i from -New York; (Mr. Hale) in opposition to the amend ment, reiterating-the old cry °Mate rights. He (Mr. Bingham) would like -to know where he (Mr:Hale) derived the notion that any State bad the right to deny to the citi zens, pf any other State any of the privileges or immunities of 'citizens of the United States: If not, hoW Could the right of' the State be impaired 'by giving to Cringiess the power to enforce these provision? It look frcm the States no rights which theY had; 'butif they c,onspired together to enact aws refusing 'protection to life, liberty or property, it aimed Congress with the po'Ver • o held the recusant legislators to an account before the bar. of the. Federal COurts..' Re did not doubt that this very grant.of'power , would have been in,the - Constitution origin ally, if itwere not that it is incompatible with the existence of slavery in any State, for although slaves might not be admitted to be citizens, they must be admitted to be persons. That was the reason. 6 There was a fetter on the feet of the nation. Thank God that fetter had now been re moved. It had been turned to dust before the breath of the people, Speaking as the voice, of God, declaring that slavery was foreVer Prohibited within the republic. The people_confided_ a great trust, in this Con gress, and God helping him he would not betray it, even though men in high places showed a disposition to do so. What utterances, he asked, are given out in these. days? You have, in the first place, the utterances of the gentleman whom we elected President of the United States, and of whoin I havebeen accustomed to speak heretofore in' terms of deference and _respect. -The House and the country will remember that I declared at the opening of these troubles that if an issue were made between the President and the representatives of the people, it must be made by him and not by us. It has been made by him. I trust in God he will re trace his steps; but whether he does or not, I trust the American people will not strike the word "forward" from their vocabulary, but will go right on to the consummation of the great work which Providence has committed to their keeping—that is the en forcement of the Constitution in every State, in every Territory and on every sea where our flag floats. What says the President in his speech, which is received with laudations every where, and over which the gentleman from New Jersey. (Mi. Rodgers) and his party seem to hold a general jubilee. He says, "Let all those lately in insurrection against the Government and laws of the United States who will now declare their allegiance and take the oath, be admitted into this Union, and by their representa tives, into the councils of the nation.' Take the oath. What oath? Not the oath to the Constitution, which they have broken, but the oath prescribed by the President him self, and which, except in military tribu nals, has no more force and effect than the paper on which it is printed. Ay, the oath! Swear _him, and let him go. It would be about s a i s intelligent as it would be to swear the emblem of South Carolina's treason— Abe rattlesnake—and let it go among the representatives of the the people! Whom next have we touching this great issue before people? We have the venerable Secretary of State hieing to New York, making another speech there, and entering on the high duties of a prophet. I have been accustomed to sustain and uphold that gentleman in the past, and I am accustomed now to speak of him most [ reverentially for the great services he has rendered the country by his supreme skill as a diplomatist, and by his undoubted fidelity to the interests of the country. What I say of him now I say in regret and sorrow, not in anger. I trust he will pardon me, and appreciate my uttrances, when I say to him, in the language of one of England's most gifted sons "The man who speaks the truth is greater than a kipg." I speak the truth here this day when I warn the people of this country that he is no prophet .I remember that when the founda tions of the republic were rocking beneath the mustering tread of the armed hosts which had struck at the nation life, he ut bia oracular sayiPas that the war would last for only sixty days. Mr. Hale raised the question of order that the gentleman's remarks were not pertinent to the subject before the House. Mr. Bingham, excitedly—We e will see about that. Mt. Hale—The speech of Mr. Seward has nothing to do with the coristitational amend ment. Mr. Bingham—l am arguing against the objections to the pas.sao of the resolution. The Speaker—The Chair, his attention be ing called to it, will notice particularly the remarks of the gentleman from Ohio, and arrest them if out of order. Mr. Bingham—l was only saying that these prophecies uttered against taking se curity for the future wiil not do for the Ame rican people to base their action upon, be cause, the same gentleman who uttered them uttered prophecies before, which miserably failed in their fulfillment. He told the peo ple in that same city in December, 1860— Mr. Hale—l now renew my point of order. The Speaker—The Chair sustains the point of order. The Chair stated yesterday that the debate must be confined to the constitu tional amendment if a point of order were raised. The Chair thinks that the gentle man from Ohio is going beyond the range allowed for debate. Mr. Banks—lf the Chair will allow me— The Speaker—The Chair will be very glad to near the suggestions of the gentleman from Massachusetts, who formerly occupieJ this chair. Mr. Banks—l suggest that the ruling of the Chair, if insisted upon, limits the debate much too closely, and, as I understand the speech of the Secretary of State, he asserts i hat there is no trouble—that there is perfect national safety. Mr. Bingbain—That is what I am at Mr. Banks—The gentleman from Ohio thinks a little aifferent from the Secretarr of State, and brings constitutional amend ' ment to correct that trouble and to save tof , tuition from the trouble which he thinks ex ists. lam certain he must be permitted t , discuss opinions so important as those of the Secretary of State. The SPeaker—'The gentleman from Massa chusetts having once occupied this chair, is familiar with the rule that debate on the President's Message in Committee of the Whole is unlimited, but that bills in the House, special orders, or resolutions for amendment of the Constitution,i when a point of order is raised, the debate must be confined to the pending question. The Chair supposed th - at the gentleman from Ohio was indulging in a line of debate that was notentirely cognate to the matter before the House. The gentleman from ,Massa chusetts understands and the House under stands that there must be some limit to debate. It must be relevant to some extent to the matter pending before the Heuse. Mr. Banks—l did Rot refer to the ruling as existing in the House of Representatives at an earlier period, but .only to the general rule affecting the question. The constitu• tional amendment opens ut to the fullest extent debate on the co4dition of the country. Mr. Hale—l make the poi* of order that the question is not debatable, i and the gen tleman from Massachusetts his no right to be,heard. Mr. Banks—Then I appealed from the decision of the Chair only for the purpose of saying what Idesired to say. If the gentle man irotn Ohio was discussing the official net., of the Secretary of State, he would not be in.`order. I have heard with pain allu sions made inthe house to the official actS'of chief officers of the government. • I do not think that is admissible in debate. If we 'have anything to complain of in the official conduct ef any officer of the government, notice should be given, and some measure introduced for, tber correction'of that act. ~ But here this had reference to an opinion of ?great importance, given to the country by the- Secretary of State, unofficially and in- , !formally, satfecting its condition and the , safety of theyeople. When we have under consideration the subject of the condition of :the country- in reference to a proposed amendment of the Constitution,wecertainli must be allowed to discuss the condition of the country, and incidentally-the opinion of the Recretary of State in reference thereto, unofficially and informally expressed. I referred, therefore, to the general rule gov erniLg parliamentary discussion, and Lot at'all to the distinction very:properly dude by-the Chair between the rules as they stand at present and:the rules as they stood at an earlier period. - It is not m3r wish to make an issue with the Uhair and, there , . foae, having had an opportimit; of explain ing this subject, I withdraw my appeal. Mr. Bingham—l renew the appeal. I was not allowed to makethestatement by which it would have been made plain that I was in order, I wished-to show that distinguished as the Secretary of State is, his utterances, about there being no danger for the future of the country were not be relied on, in view of the fact that, he had made similar utterances before which had utterly failed; and now it must come to this that a high official of the country may go outside of his official position to assail the action of the people's representatives, and they cannot answer him on this floor. Ido therefore re spectfully appeal from the - decision of the Chair. The Speaker—The Chair will state, as the gentleman intends to press his appeal to a vote, the grounds of his decision. The gen tleman from Ohio is, of course, aware how painful it is to the Chair to rule that his remarks are out of order, but he was com pelled, from a determination to decide im partially, to do so. Mr. Bingham—l would be sorry to ques tion the impartiality of the Chair. The Speaker—The gentleman states that a member of the House underjlis decision would not be privileged to reply to remarks of the Secretary of State. Members pare al ways privileged to reply to any remarks, for there is the very largest liberty of de bate in Committee of the Whole. The fifty seventh rule requires that a member shall confine himself to the question under de bate, and avoid personality, but in Com rdittee of the Whole he is not bound to so confine himself. This is a proposed consti tutional amendment, and the Chair thinks that the discussion of the previous prophe cies of the Secretary of State is not con fining the debate to the pending question. If it is, the Chair does not know how the rule he has quoted is ever to be applied. The auestion now is, shall the decision of the chair stand as the judgment of the House ? Mr. Eldridge moved to lay the appeal on the table. The Speaker intimated that he preferred a vote to be taken directly on the appeal, and Mr. Eldridge thereupon withdrew his mo tion. Mr. Raymond (N. Y.) inquired whether the question of order was not debatable. The Speaker answered that it was to a limited extent. Mr. Raymond—l do not desire to debate the original proposition, or this, but I desire to ask the gentleman from Ohio— Mr. Bingham—To relieve the gentleman and withdraw my appeal. Mr. Raymond-1 have the floor, and can not be interrupted for that purpose.: Mr. Bingham—l thought I might be per mitted to relieve the gentleman. Mr. Raymond—lt would be quite proper, if I wanted relief; but I do not want relief thrust upon me. I wish to ask the gentle man from Ohio whether he ,:thiE.ks it quite proper and right to introduce entirely new matter into this discussion, whether he pro poses to allow a reply to his remarks, or whether heproposes to call the previous question and cut off all reply? That will decide my vote on his question of oriler. Mr. Bingham—ln order to relieve the gentleman, I propose to withdraw my ap peal. Mr. Raymond—Will the gentleman be kind enough to reply to my question? Mr. Bingham—l deelibe to answer it. Mr. Raymond—ls it because the question is discourteous - or improper? • Mr. Bingham—l have no reply to make to the gentleman.- - The - Speaker—The gentleman has with drawn the appeal. Mr. Bingham—There is one farther re mark which I desire to make here, and I trust it will not be considered out of order. It has-been announced by those in high places that there is no danger to be appre hended from that million of men lately in arms against the republic; that those States may be admitted at once without any sort of condition; that the loyal people who have saved their government from overthrow by wager of battle have no right to take any security for the future; that nothing re mains for them to do but kill the fatted calf and welcome back the returning prodigal traitors. I have no doubt that at no dis ,tant day testimony will be adduced tosatisfy every honest man who wishes well to the country and the Constitution, that there is a conspiracy existing in every State lately in insurrection; and perchance beyond their limits, under this invitation to kill the 'slued calf. Swear them all and let them go to take possession of the legislative power of the country, and accomplish by false and corrupt legislation what they failed to ac complish by arms. In support of this view Me. Bingham sent lo the Clerk's desk and had read an ardcle copied from the Norfolk,. Virginia Poo. headed "Gteat victory for the South," aud stating "that since the morning of the day when the news of the great Southern victory of Bnll run was received, carrying joy and jubilation to every Southern house hold, there had been no such glorious news received by the Southern people as that of the veto of the Freedmen's Bureau bill. That it was the greatest victory achieved during the war, greater than any of the feats of Stonewall Jackson's army, Mr. Rogers:asked what paper the Clerk read from. Mr. Bingham—The article is from a Vir ginia paper, an organ of rebellion and se CEF.SiOII. Mr. Rogers—(Having obtained a look at it }—lt Is from the Washington Chronicle, a radical paper. Mr. Chanler—l make it a 'point of order that it is out of order for the gentleman to quote a document of a revolutionary and n hellions character in his speech. Th 6 Speaker decided that that was .not a point of order. Mr. Bingham—Yes, I discover .that it is not in order in the judgment of some gen tlemen to warn the people of the designs impending over them. That article has been copied all over the country. I quote it in support of what I h ave already intimated, that the fatted calf is to be killed north to welcome back the returning prodigal traitors red with the blood of murder and assassination. They are ready to kill the fatted calf if Andrew . Johnson will only forget his former utterances, wherein he said that treason was a crime which should be made odious and punished, and that traitors were no longer citizens but enemies of the country, and should not be permitted to participate in the reorganization of the States, and if he would lend himself to that black andinfamous suggestion which found a place in the columns of the Chicago Times, a papfr which I believe was formhrly suppressed for treasonable utterances by order of General Grant, "that the Pres!dent would do well to drive the representatives of the people by an armed posse from the hall of representation." Mr. Chandler made the point of order that the Chicago Times was not pertinent to the question under debate: The Speaker—The Chair doubts whether it is. The Chair decides that the Chicago Tivics is not pertinent. [Laughter.] Mr. Bingham—l have accomplished my purpose, notwithstanding the objections of gentlemen, of letting the'country know that there are utterances of that sort afloat. Mr. Latham (W. Va.) inquired whether t was.the purpose to make the adoption of he constitutional amendment by , at cmisti- tutional majority - of the States a condition precedent tolhe'representation of any of the eleven Stated now unrepresented. - Mr. Bingham replied- that it was net for him to propose any such thing. He would state lu le at the suggestion of the venerable Chairman of the Beconistruction Committee on the part of the House (Mr. Stevens), that every :endeavor had been made to present, without regard to this amendment, the case of Tennessee, so that, by the sovereign act of the American people through the actions of Congress, the constitutional relations of Tennessee as a State naight be restored. He would not say that the committee would not yet, and soon, act upon it. The matter was still before them; but even' in. Tennessee the ratio of rebels to loyal people was three to one, and Tennessee was in that respect the best of the eleven seceded States. He nri dertook to say that no report which might be made by that committee would fail to disclose the factthat a large ,majority of the people of Tennessee had declared themselves sworn enemies of the , State and of - the na tion. Mr. Crider (Ky.)—Does not the gentleman know that the committee will report to the contrary of that. , Mr. Bingham—No, sir, I - know no such thing. I believe that it will turn out that rebels will be found in a majority of three or ;four to one in every one of the. rebel States. Mr. Eingham's hour having expired, his time - was extended. He devoted it mainly to arguments in support of the proposed amendment, ending up with a disquisition. with Hale in regard to the difference in con stitutional protection between real estate and personal property. Mr. Conkling . next got the floor. , He said he had not sought it for the purpose of dis cussiirg the merits of the amendment. As one of committee, he had 'agreed to its being reported, but he did not concur in the report, A number of memberson each side wished to debate it further, and he therefore intended, without any hostility to the go vernment who bad it in charge, but rather he thought with his consent, to submit a motion to postpone, but before doing so he would yield the floor to his colleague. Mr. Hotchkiss (N. Yritplairied why he should vote in a mane /that might be ire garded as inconsistent, with his usual vote. Ha did not regard the/lir posed amendment as permanently seeuri g the rights and privileges of every'citizen, and was there fore in favor of its postponement until there could be a further conference with the friends of the measure, and some means de vised by which these rights could be secured beyond question. Mr. Conkling (N. Y.) said he should vote for the postponement of the measure on grounds very different from, if not entirely oppcsite to those of 'his colleague. He thought that no objection could be made to the amendment because it did not go far enough, or was not sufficiently radicaL He submitted the motion that me whole subject be postponed till the second Tuesday in April neat. Mr. Eldridge moved to lay the whole sub ject on the table, which was lost by a vote of 41 to 101, as follows: Yens-liessm Ancona, Bergen, Brooks, Chanler, C'effroth, Davis, Dawson, Dennison, E‘dridge, Flack' Gloss br , nr er Go( dyear, Grider. GristvoldMale.Hard ing (Sy.) Regan, linbbe 1 (N. Y.), Kerr. Ettykendall, Marshal. Marvin, McCullough,Niblack, Nicholson,. Noell Phelps, Pendell (Pa.), Ritter, Rogers, Ross,. Rousseau. Et anklin.Sitgreaves. Stronse, Taber, Tay lor Thornton. '1 rimble, Winfield and Wright. NABS — Messrs. Alley, Altison. Ames, Anderson,' Ashley (Nevada), Ashley ( Ohio), Baker, Baldwin, Banks. Barker Baxter, Benja JAM Bidwell, Bingham, Blaine, Blow, Bcutwell. Brandegee, Etroomall, Back land, Bundy, Clarke (Ohio). Clarke (Holmes), Cobb, Conkling. Cook. Cuilcm; Darling. Defrees, Delano, Deming, D.,nuelly, Dumont, VeEley, E,gglesten, Eliot, Farnsworth Farquhar, Ferry, Garfield, Grinaell, Harding all.), Halt Hayes, Higby, Holmes, Hooper, otcl•ki s, Hubbard (N: Y.). Hubbard (Conn.) Hub bell (Ohio). Halberd, Humphrey, Ingersoll, Jencites, Belley, Kelso, Ketchum, Loftin, Latham, Lawrence (Pa.), Lawrence (Ohio), Loan. Longyear, Lynch-Marston. McClurg, McKee, Meßner, N ercnr, Moorhead, Morrill, Morris, Moulton. Myers, Newell, O'Neill, Ortb Paine, Patterson. Perham, Pike, Price, Baymond, Rice (Mass ). Rice (Me.), Sawyer, Schenck,. Shellabarger, Sloan. Spatdding„ Stevens, Thayer, Francis Thomas:John 1.. Thomas, Jr., Trowbridge, Van Aernant, Van Horn (N 'Y.). Warner, Nifashburne (Ill.). Washburn (Masi.), Welker, Wentworrh, Wil liams (Iowa). Wilton (Pa.). Windom and Woodbridge. Mr. Conklingra motion was then adopted —yeas 113, nays 36. The House then went into. Committee of the Whole on the Miscellaneous Appropria tion bill, Mr. Ashley in the chair, andmade some progress. After the committee rose,. The Speaker presented a communication from the Commissioner ofTatents,transmit ting the annual report of 1565. Mr. Grinnell moved to print tenthonsafid extra copies. Referred to the Committee on Printing. Mr. John L. Thomas (Md.) presented a petition from two thousand six hundred workingmen of Washington, praying that the eight hour system may be adopted in the government workshops. Referred to the Judiciary Committee. Mr. Laffin presented four resolutions of the New York Legislature, relative to a ship canal from Portage Lake to Lake Su perior. The House then adjourned. [Nor - E.—By a transpbsition in the report of Monday's proceedings the vote by yeas and nays taken on referring Mr. McClurg's Preamble and resolution to the Reconstruc tion Committee appears as if taken on an other and unimportant matter.] 1235 CHESTNUT STEET. CITY Reading, ' moking and Chess Room. EMINENT BESOItT TOR GENTLEMEN, Opea FREE from S in the morning tL11.1.2 at night. No Charge fur use of Chess and Checker Tables, etc. a.. KORONY & 00., BEaLERS IN BEST IMPuRTED CIGARS, From TEN Cents upwards. TOBACCOS. LYNCHBURG, LONEJALiK,SMOKECG ROSE. Large assortment of best Vienna, Meerschaum and , Briar Wood PIPEs,,to ~tc. • English, Scotch, Irish, German and French News papers and Magazines on file, among which can be tonna: London Daily Times, London Punch, London Weekly Times London Society, London Illustrated, London Orchestra, Bell's Life, London Fun. 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Significant historical Pennsylvania newspapers