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;m MAWm. JtETOiCAtf, ' ? I'IsJ'I THE NATIONAL REPUBLICAN A xiEtil wvww ytwf . ' ijr j A rUDUBIIBD ' DAILY. dliuTei "MTMVrUMrifse. HUM- i!.! ', Uft .- irti. Jdvortleoeioate? ! " (.eerttea. ale, For w rtnOettt. of Waate.Ior peraeeientf "i,?aelaeerUoelli aiu dveru he.eaeUtale ft oeaer.. 'HMt"i ek.el be keeled U before ilu r I rnbroBAiB. irarJam 'X-B f"BBlnrk a .. m PUBLISHED DAILY. TBI kUTIOaUL leTtTBLICH lo .aollohed every aaerelar (laadaya exeerte.) by W. 1. afoarao. Co., STe. (It laik etroet.'aae' la raralaket to flabcerlbors (by oarrlore) al TSeoata per aaoala. Kail sabeorlbera, M-00 'per eaaaaa KOO for ant saoatks aad 93. 00 for three aeeatke, 1 aeartaofy tie o4 eaaoo. Wre Mplo. eaa jeer, f3& CO. Male eoploe, 41 oeale, tin WMKiTiuTioirit urviitoiti U rahUekei every TrUey Baeralag f One eof y eaa rear, Hooi Three eeftee .ae year, $&,00; Tea eeytoo oa year, SUOO. VQL.VI. WASHINGTON CITY, D. C; FRIDAY MORNING. APRIL 20, 1800. NO. 122. FFIOH OP THE CANAL BOAPJ). ?Ir"i!r "."' 'S ""'" ' ' ini'i oaeo, city il '"lll,Sa.n 0.,lUllli.,8.togDlT!lhSBI rot ronher urorner,o'. ,PJ,iy a Ike bin'i oatt. Elcila.RO WILtlCU, Mayer, JUKDOLPU COILS, . VTater Boilatrar, Wkt rOESTTH, City SerToyor, David nirBtmii. Ceaal Cenualaeloaer, WH. D. Will ' aols.ood'j. Late Caael Coamtaafonor, all Board. pR.Or08ALS FOB BEWEB. ailLKD PKOros.U will . raeeWod ay lb. aoaor- efiprllaei,fortke bajidla, of a Tbree-foot Barrel Bjw.r, (laoloo diameter,) the walla In bo aloe lnebae a tblcsa.ee, la K atrool aortb, ftoaa Tklrteoatk U loaf teeatk otnel weal, to eoeaeel wllk Iko oeworaow betaf ceaetruilod la roorteeath Htoot, la eeeorteaee wllh laa jl approved Jety 37, IBM, to kavooao llaa.hore wbore tho Comtaloalooero of tbo Second ward aaay dire. Bidden will otato tbo price per Uaoal foot for Iko Sewer, wkl.k .ball I. .1.5. all KoavMloeaT ...... for Ika real of Ibo Maa-bol., tho eeooofalWor or blddora to bo reopoaelbla for all danagaa doao te laa r wain plpee, or eaoaad by tha olemeato.aad tar la. elleatoeaaeedlatbeeoeatreetloaor Ik. work. Tbo rlabl to ioolua eay or ell prepeaale, aaoald II to r.""Jtd 'auraatof tMKrporalloalodoao.lo f paoltealloaa eaa be see. It Ibo elee of tba Cental.. 1 'V.V """""KjarTdar bolwooa loo'elook a. to. aad li m. ; or at aar tlrao br eaUla, oa Ibo ComtalaatoaororibeSaeoadWerd. "' Keeo bat praetlni raoobaaleo aood bid. ,,.,. Jia. w.triLDiifa, apia.dld CoaiailaalOBOr Boooad Ward. "pitESU 11KKF AND VEQETAULES. a att Dtraaraaar. aaar, ) ucaaau or raoriaioaa ava CLoraia IpHIU. 1M. """ rHOroaaLa, oodoraad 'Troaoaala for Traak ... i.(.iaoi.a, will b realrif tl tbU Dirtta mtll t o'cliMk p. m, , n th Utk Hr of IPRIL. IbiL , for thffppi7 of twtilr.lrt Ibonitad poaidi ( Vmk t.blti, t th Wwh.toa, D. a, Ntrr-Tftrd ud tU aattAtat uona., with ipproTtd itaTUr, Ul b rnnlrd Ik . ... .a tnniHa kaoiBI ojiv- ..,:.-. ..a dioaii or m pTnBi Ion Wj, k.iu.ii.i .... ."!".! P1 "i .l 1- fU OOBOllird With. ' n Lfcf-.i tcfoa.pBalad'bTaw goodaadaBOcla- waia. lororalih lha irticl.i Ifirnaf ....... ........ wmta Dortjona. mr,tA -(... win, I. w Dtr Did DO M JSJl? in01'-i nnilH, lo roralih th uUeiw pro- ,.. .wiiim roiiiwifw iirmii aecompan U.LtZ reamnttt and by tnttMaetorv nUUnc Ikat iV, , a vff-af dwI-T ( tht arUeU propotdt a , Ji litnnt rtqvtrtd fry law a Otmru. &itJTVpor fnllt k rA4iWfwa.f tialiiM.n..M e.-A a - ..w -- .--..- -,. -vvv iMIal Mtd.and fb DPrxrlmBt - th rlnht to mImI tar bpa. fOMt BOl MMldtrad ftdTMUf fOB t th OOTtrtBltBt. mpU-dlOt l)IlOPOBALSFOn SKWKR. t MitoE'tOFrici.iprlUO, Il8. Propoula will b m..Ttd bj lh mndtnlgtaad qbIIIU o'clock m. , oa FRIDAT, ipril KA, Tor baUdlBf """ la I Btroot lurtb, btwaB 81 it, mad SavtBth Irotta wtat, to ooBsect wlta lh nwr la Blxlh tri wait, Tbo aawar wilt bo clnvlar 1b forra t Ita laaldo dUmo tr will bathraa faat.thtwalUBlaa laehaa la Ulckiaaat trla I M.I J A liAllAaa attaa -.... Ill .!...' old bottom of tbo Mwor la Sltlh atroat, tad raa paral T"7 -- " vt iui wwwmw win iguotim e igi ! ii wiib praaaai mti oi i tiraat.Bi t, captb ot asonl ii iw, ig ibo la.ida tx) t ton ot ibo aawar. Hlddara will atala tha uric oar IIbmI fault at th war, whlckabBlIlBcladaalloxCBTBtloBaaad filUair, Uo BBecoiafal blddar or blddora to bo raapoaalblo for all dtrnkgaa doao to tbo water or f aa-plpoa. aad anr aail 4aot caaaad U tbo eoaitruct'oa or tho work. Tbo right to rrlacl toy or all bids will b raaarTcd. BpoolDeitloBaaoBbo aoan althoComB.laaloar'iroU, una, bfoalllBa; tbo ConmUaloKOt ot ihi Foartb vard. WAILES i.MAUrBZLh, Connlaaloaar Foartb Ward. J0S11I1 KIUKX, T. D BEOWlf, Aaalataat ConnUaloaara. apU.wrntn AYOll'S OFFICE, AVASHINOTON, Joir tn. rBiiia,iewj. rropoaaia ror fraaiag bba par i CBriiaarawar of Blv.h urui mi tmm ih nortb aldo of II atroat north to tho north aldo of L atraat north, will bo rocalTad at Ihlo offlco usilt IX o'clock m., IIONPIY, April tbo S3d, laata&t, with atoBoo almllar to tboao aaad la pat log t itrtatf Ibo atoaaa to bo not orar Igbtor laaa than flvolncbaa la dlauaUr.aad aayaa lachaa dap. Hlddara will atalo tba prlco par aqoaro rant for paT Ibk aud par coblo yard for cradlBft tho pBTlag to bo laid oa a bad of paro f rovofotghtUobaa doep, and four iBCboaoraharpaaad oa top of tbo gravalt tho paving to bo wallramnad thrao tlma wltb a alaotr-ponnd rammer, and to bo wall watarad beforo bolic ram mad tbo lait tlma, and lhaa eovarod wltb ooarao abarp aand t thowholoio bo doao to tbo oatlra laturacUon of tbo Con.mii.lcn.rof Ibo Koarth ward, nd jh, n.uunt ComtnUvloaora. Ho bid will ; ratal t ad oolaaa tho T ii . p" ,7W to do roiponaihio. The " V" "J ? ' olda la roaaryad. All tba old cobbl .... ...iaAi... ton to U tb P'or-.rtT of tba CorDoratloa. JAMES J. CAMPBELL, Commlulonar of tbo Fourth Ward. C1UB. H. DTKKUHLI, JAMBS BOWEM, apU-ThSlTotd AMlataatCommlialoaara. pitOrOSALS FORMAIL BAGS. Poat Orrica DiPABTaiiT, ( WianiauTOM. D. C. . April IS, lo6 BBALKD PSOroSALS wlU boraoalfad at thla Depart, inant onttl also o'clock, a. m., tha 4th day of Joao next, for furalahlng dorlag tbo parlod of ono rear, from and after tbo lit day of Jalr, ISM, aneb qnaBlltlaa of tho following kind of Mall Bag aa may from time to tlma bo required and ordered, to wltt JUTE CAMVA8 MAIL SACKS. Of alia No, 1, 41 lachaa la laoith and OS locbee In clr cuufereacot of ano No. 1,41 lncbeo In l.ugtb aud 48 lachaa in clreamfereaco) of alio Mo, 8, 32 lachea la lenirlh and 3) lnebea la clrenmferoaeo. Tnoaauka of alio Mo. 1 are to bo made of cloeetT woven Joto caavaa, weighing not loaa than aUteen vuoeea to tho yard, of 31$ Inchoa la width i tho yarna of tho warp to bo oacb donbtod and twitted, and to weigh one onaco to aboat fifty yarda, and of tbo filling or waft. If not Ilka (bote of tbo warp, to weigh ono oonce to aboat eighty-five yarda. Tboaaekaof kliolfo. Sarotobo made of JotocanTaa, weighing not laaa tbaa eleven ooncea to the yard, o' ti Inchea width J tbo warp aad weft to bo nearly aa above deacrlbed. Tbo aacka of alio Ho. 3 are to bo made of thinner Jnte canva., weighing not leaa than four and a balf oanceo to lie yard, of lSVtiJ locbee width. Tho.o of eliee Mo. 1 aad Ho. 1 are to bo made wltb a tabling or bam at tho top two loehea wide, apoa whleh aantllelcBt nomber of eyelet bolee at laaat tea to tba former and olgbt to the latter are to bo well wroogbt, and they aro cash to bo provided wltb a good and aoffl. rlenl tieup cord to laco and lie tbem tborooghly and etroagly, Unle.a aeamlee.. they are to bo made with two aeama, eaeared eash with two rowa of aawlng. All are to bo marked lmldo aad ontaldo United Btatea Mall, " la large and dlaUnct leltera. Any propoaed Improvement that may bo d titrable la tho quality of malarlala, whether of Jnte, flax, or cot ton, or In tbo matter of oonetracMon, will bo oonaldared relatively to prlee la deciding Ibo lowoat and beat bid. Bt No vropoaal will bo oonaldered If not accompanied with epoclmeno abowlng tba ooBalractloa and quality of materlala and workmaaehlp of oaah alio of tbo aacka Dia lur, ana aieoawnuea gnaraatr iron toe poreona propoaed aa anretlee (who.o leaponitblllly maat bo ear I! Had by tho poitmuter of tbo plaeo where Ihey roalda) that tbey will become re.pon.lLe oa an&elent ooad for the due performaaee of Ibo contract la caao each pro pnial be accepted. Tha aacka contracted for are to be delivered at tba ex penae of the contractor, at Boaton, New York, rhlladel phla, Baltlnoro, and Washington, D. 0, , la each qaaa IuUm and at anch tlmaa aa mar bo ordered. The eiUtntted qoantlty reqolred will probably not oicaed thirty thoaeand aacka, Including all alieii bnl tbo roitmaalerOaneral will raaervt tho right to order and receive more or leaa than ancbqaantlty, during tbo term of tho contract, aa tbo waate aad laureate of tho aatrlea mav utm ia him to demand. The apaclmaBa unit be delivered at tble Department on or before tbo 4th day of Jnno next, and every ono eabmttled eboaldbewell and dlitlnetly marked wltb tbo number denoting Ite alia, and have attached to It a aampio oi too cioin or eaavaa (.aix .acnae aqnaiei oi wblch It la made, bach aa eaa with eafety and oonva ntence be nied la tho tervlce will bo paid for at tbo prlcoe ip.elo.d la tbo propoaaln reUUng tberoto. A dec. ilon ob tbo bfde will bo made oa or before tbo Bib day of Jane next, aad tbo accepted bidder will bo required to enter I a to contract, with anfflcleat bond aad tee u r It r. oa or before tho lit day of Jaly, 16o6. Mf Tbo propoaala ahoald bo treat ml (tad la a caaied b vatope, and oodoraed M Propoeala for Mall Dage, ' ' and beaddrctaed lo "Tho Btcond Atilatant PotttoaatarOea oral. Contract Ofilce. vTaahlngton. D. C. ' ' ' W. DMNIBOIT, apHw4w Teatniaator General, E DWARI) LYOKTT, B00E.BIND1S AND P APIS-ED LIE, No. 371 PenntylvanU avanne, between Tenth aad BUv- Dlam rlHerH( rtUB.at (111, Booke elegantly or plainly boaad. Porlodlcala aad Nawipapera earefallr attaadod to. 0 w rUAl'FINO PAl'EB FOB BALE AT tko .nee el uo suit xiiTtaiu jursiiifii Tat. THE CIVIL RIGHTS BILL. SPEECn OF SENATOR COWAN. In the Senate, April 6, Mr. Cowan, of lcmmylvanla, aIJ: Mr, PrceMcnt, If ao arrangement can bo trritcdiit, I propose to any a very lew words Upon tho subject now under consideration by tho Senate. I think that the (ucstlon hero is purely ono of constitutional law, and upon the determination of that 'question properly or improperly tno late ot tne bill ought to depend. I havo a very clear and decided opinion of my own on that question. I think the merits oi tho bill are out of tho question really ; but as a great many good people think that the bill has intrinsic merits which ought to override the provisions of the Constitution, and ought to become a law, notwithstanding our want of power to pass it, I proposo to say a few words, which, if Ihfcy are not to convince anybody in tile Senate, may Si to the country and bo reflected upon ere. t agree, and am quite willing as an Inhab itant of ono of the States of this Union, or a citizen, or an elector, or any other word you may choose to use in order to designate me, inai an mo people or IUW country skall enjoy tho rights conferred upon them by this bill. I have never bad any objection to that ; and If my own State, Pennsylvania, did not con fer all these rights, or almost all of them, certainly the voice of no ono in that Slato should be heard sooner, longer, or louder than my own until they were secured. That all men should have the right to contract, I agree. That all people should have tho right to enforce their contracts. I acrce. I m a-hl limit tho right of a great many people to pur chaso and hold real estate, but as a general proposition I would allow them to purchase, hold, ami lease, and to be entitled to their remedies for tho defence of their property. There la no donbt in my mind about thdL uui wnai 1 wisn 10 say at me start is, mat this bill, even supposing It had all the merit in the world, will not bo effective to attain the ends honed for by Us friends ; and that, apart from that, its provisions arc exceed ingly dangerous. 'U aiving tho question of power, therefore, I propoen to direct tho at tention of the Senate to the provisions of this bill. I think it will bo found that It has not been read heretofore very closely. Tho first section provides that "all persons bora in the United States," with certain exceptions which I need not read, shall be " citirxns of tho Uni ted States ; and such citizens of every race and color," abd I supposo that means every body " Shall have the lame right In eTery Slate and Territory of tho United Statei to make and enforce oontraota, to cue, be partlei, and give evidence, tp Inherit, parchaae, leaae, oell, hold, and oenTey rial and perronal property." This portion of Iho first section confers upon alt persons born in the United Stales the rights which are here enumerated, and it confers thoso rights without any qualification and without any rcttriction whatever; and I beg leave to direct tho attention of Senators to tho hcxt clause, because I am suro thero is a misapprehension upon that subject. Tho bill ha, been taken to mean to confer those rights as they are conferred upon white citi zens In the several States. This is not so. Tbcso rights are not conferred absolutely ; and If wo look at them and see what they arc, wo shall ascertain what may be dono with this bill within tho States. It provides that all native-born citizens " shall havo the tamo right in every State and Territory in the Uni ted States." Now, a married woman in no State that I know of has a right to make con tracts generally. In some of the States sho cannot contract at all : in others she contracts tub modo ; and in all there is a limit put upon tier power to contract, is it inicnaca bv this bill that it shall bo put in the hands of any judge to decide that this bill confers upon married women the unlimited right to contract t Ilccauso it will bo observed that if a married woman has a right to contract, tho other nartv to the contract has an equal right, for contracts must be mutual, and if sho has a right to contract and enforce her contract, tho contract Inay, on tho othor hand, be enforced as against her. Now, I ask Senators having the care of States hero, whether they are willing to put it in the power of the district court of tho United States, or tho circuit court of tho United States, or any other court ife hora tho Stato to Interfere with regard to tho contracts of married women. Again, minors aro bom in tho United States, and naturally, I supposo, minors havo as mucli rigul to contract ad anyoouy ciso, and tho only restrictions that our laws know nf unon their ricrkt to contract is tho Stato laws; but this bill is made to give them tho right irrespective of tho Stato laws, and not only irrespective of thoBO laws, but in direct (leuance oi ineiu. Sir. Trumbull. Oh, no. Mr. Cowan. I know tho honorable Sena tor's nolnt. and I will como to it, and when I come, he can havo whichever horn of the di lemma he chooses to take. I say that this bill, according to Its grammatical construc tion, and according to the construction thut any judge not strongly impregnated with the idea mala grammatica non vitiat can readily put upon it, confers upon married women, upon minors, upon Idiots, upon lunatics, and upon everybody native born in all tho States the right to make and enforce contracts, be cuuse there is no qualification in the bill, and tho very object of tho bill is to override the Sualiflcatlons that aro upon thoeo rights in tho tatcs, and to punish tho judges of tho sev eral States for executing them. There is no qualification as to tho kind of contracts. I need not remind you, sir, that thero aro a largo number of contracts which aro not allowed In the several States, some on ac count of noliov. some on account of morality. and others upon account of positive injunc tion to tne contrary. A contract in my State made unon tho Sabbath dav is void: but under this bill that contract could bo en forced. A contract made against chastity, proh putlor, is void; but under this bill that might bo enforced. I wish to direct tho attention of Senators to tho artistic modo in which these important mils aro uruwn anu paaseu uirougn tni uuuy, because I hold that this first section in Itself, if there were nothing more in It in tho world than this incongruous kind of phrase that is made uso of, would justify any executive nflWr In rmtlinir his veto unon it. I havo no doubt it was intended originally by tho person who drew this bill lo make the next phraso which comes In qualify the former, so that tho bill would read : "That all panoni horn In tho United Statea ball hate, the lame rlgU in OTory State and Terri tory to make oontraeti and to the full and equal benefit of all lawi and prooaodloga for the loourity of porion and property ai la enjoyed by white cltl tool." 11 As is enjoyed." Hut you will observo that it is a singular verb, and to tako tho phraso literally tho word "benefit" in tho fl OfBaUt AdT.Ttlaame.ta U tbe ElMWtlT. line preceding ls,tho nominative to that verb, and supplies all that fa hooded In the way of a nominative. I am perfectly frco to admit that a fair construction of this section would be to mako that second clause qualify tho first and to take tho wholo section as meaning that these persons should only enjoy such rights as are enjoyed by tho white per sons oi ne mate or territory wncre tnese nguia aro ciauucu j uui tuav ia nut inra Din: ills not its grammatical construction; and when we observe, oa We do here dally, that cavils aro mado Upon the ninth part of a hah-. Very frequently and when we find such loose notions preVailihg bpon tho proper construction to bo given to tho laws, I am airaid that a corrupt, a passionate, or a preju diced judge, Who had some end or motive beyond that which ought to govern him in tho execution of hi. official dutv. would tah a advantage of this in order to widlu tho juris diction oi tne unitea mates CQUTtf and drag Into them not only all tho native-born people of the country, but to drag into those courts all the business which had heretofore occu pied the State courts. Is that nothiWT Why, sir, to supposo nuch a thing possible Is to sunnoso ah hmofrinee of our form of troW eminent, of its frame and texture, abd ol.lho powers ueicgwcu to it, mat is cnougu ia tins nineteenth century to make. a man trcmbto lor too late ot constitutional government. Mr. President, the subjects-matter bf the first section of this bill never have been with in the jurisdiction or control of tho United States Government. When did an inhabi tant of a State or Territory, in' acontrovcrsy between himself and ono of his neighbors, look to the United Staled Government to settlo that controversy? When did he lbok to tho United State UbvMhment for any of. inoso rignu wmcu aro usually protected ty governments?. Never. The Inhabitant of a State settles his disputes with his neighbors by a reference to tho State cfiurts. They aro the tribunals to decide those questions; and IB tho State laws it is to bo rdferred whether there was a contract or not, whether tho par ty in contracting was competent and capable to make the contract or not. It is to bo re ferred to tho Stato courts whether thero is a title or not, and how that title Will be evi dented, and how it shall bo maintained. All these subjects aro purely and exclusively within the domain of the States; and tho ju diciary power of the United Statea extends only to that sintrle. solitary case where it wis necessary, where disputes arise between citi zens oi uuicrcnt mates, n t nave a uiuicui tv with mv friend from Marvland 1 am not obliged to go into a Maryland court to adjust that difficulty. Being a citizen of Die State of Pennsylvania, I ran take hhil iifoAncwce Into tho district 101111 of the United State's, oho have an impartial (as was supposed) tri bunal there to settlo tho differences between us. But when he has difficulties with citi r.ena of Marvland. or I have them with cit izens of the State of Pennsyl vania.tho United Stales Government has nothing more to do wltb it than the uovcrnment oi ureal un toin, or the Government of Itussia. or any other government having no jurisdiction at all; and it is the same way with regard to tho ordinary crimes and offenses. Take all the criminal court business of the States, and what have the United States to do with it? Nothing In the world. Tlicy have no jurisdiction except that which is expressly given. They havo a right to col- lect tho revenues, anu tney nave mo ngui to protect the revenues. They havo a right to coin money, and therefore they havo a right to punish counterfeiting tho coins and securi ties of tho United States. They have a right to establish post offices, and therefore they have a riirht to nunisli for robbinir the malls. They have a right, because tho United States Government Is the medium through which we communicate with all roretgn l owcrs, tn declare the nunlshmcnt of crimes atralnst the laws of nationB, and to define them. But with theso domestic concerns they never have bad, and havo not now, in my Judgment, anything whatever to do; and to confer upon this Government that power would be an in. calculable mischief, and ono which would tend inevitably to destroy it by consolidation and by centralizing everything here. That ia tho first objection that I havo to this bill; and that objection is that the first section Is capablo of a construction which, if tho United States courts were inclined to amplify and cnlargo their jurisdiction, and draw into them cases everywhere, would annihilato the juris diction of tho States as to everything except foreigners. There is another ambiguity In tho third section to which I wish to direct attention; and I should liko to know from some gen tleman learned in the law what is the mean ing of this particular phraseology: '.That the di.triot eourtl of the United Statei within their roapectlro diitrlotl shall have, exetn. lrely of the oonrta of the loreral Statea, oognl. anee of all orlmoi and offonoei oommltted agalnat the provisions of this aet, and alio, concurrently with the circuit courts of too. United States, of all eauiei, olrtl and criminal, affecting persons who are denied or cannftt enforoolntho eourtl or Judi cial tribunals of the State or looallty where tbey may be any of the righto secured to them by tho Drat section of this act." Mr. President, could vou tell whether that was an exclusive jurisdiction on the part of the. United States court, or a concurrent Ju risdiction in tncm anu trie mate courts, or an appellate jurisdiction over tho Stato courts? What Is tho meaning of it ? What construc tion will a Judgo put unon it ? If tho judge were disposed to put tho construction upon the first section of which I say It is gram- mat cav canauie, anu perhaps no wouiu uo lust liable In doing so, that would draw into 1110 unucu laics couris uu uu'ivc-uoru peo ple; it would draw Into them all that class and character of business which havo hereto fore been expressly and exclusively within the control of State legislation and State courts; and if tills is actually an exclusive jurisdiction on tho part of tho district court and the circuit court of tho United States, then the' wholo is finished, the work is done; then the States aro annihilated; then, instead of going into a State court you will bo obliged to i70 into tho United States court. If the jurisdiction is exclusive, you must go there; and, as power always tend to encroach, what is to prevent this power from encroaching in that direction, and what guuranteo havo you that It will stop where vou think it should stofi and within safe limits ? Nono whatever; and let no man in these revolutionary times delude himself with tho idea that it will bo stop. If not intended to produco centrali zation, it will as a lnattef of necessity do so in tho strugglo which must ensuo between the State governments and the United States Government. Mr. President, I do not chooso to run that risk. If we had undoubted authority to puss this bill, under tho circumstances I would not vote for it, on account of its objectiona ble phraseology, its dubious languago, and the mischief which might attend upon a targe uud liberal construction of it in the district and circuit courts of tho United States. Therefore I would ask, what Is the meaning of this bill? Js it Intended, as tho languago Dormrtmo.U .( the 0T.nujie.t are PnblUhed would Indicate, that theso courts havo exclu sively or the State courts jurisdiction of all the coses I have enumerated, and of all tho persons I have enumerated, or Is it an alter native jurisdiction ? Does tho author of the bill mean that one of the proscribed class, before ho can go into the district court or Into the circuit court of the Utdtcd States for remedy, most first go Into the Slate court and try it ? Is he to go thero to sec whether ho can enforce his right, or whether t shall be denied him? Then, Mr. President and I come to that now If that is to bo its construction, (and that is the fairest and most charitable con struction that tha author, oflhn lilll ran oat. to ho put upon it,) I say to these friends of everywhere, your remedy Is delusive; your remedy is no remedy at all; and to hold it up to the world us.lt remedy, Is a gross fraud, however pious it may be. How many dis LfiH cinniirinnipii Minrnn nil Tno pi i n. . trict courts aro mere in me several mates that theso people inhabit ? There aro not more than two district courts in any of the slave States, and in a great many of them I think there is but hpe; and you provide here, and nronoso it sJa jsmcdv to tho black iiiantGointo'the State court with your ciaim anu try it; u you aro denied or cmnot cnforVJo your remedy there, vou can go Into the district court of tho United States." Now, I appeal tb Senators whether that b not a delusion and a snare ? Of what mag nitude will the claims of these poor black people be, pray ? N.t ono out of every hun dred will ever have a claim amounting to over fifty dollars, or, if you please, say $100. You send him to tho State court to get a remedy: tho iuda-a decides, according to the Stato laws, that he has no remedy; and then you say to him, " You can go into tho dis trict court bf tho United States." Where is It ? Not within one hundred and fifty miles of him perhaps, perhaps more; and he is to go there and seek a remedy for tho recover)' of fifty or ono hundred dollars. Sir, tho legislator who would profess to guaranty tho rights of these people with machinery of that kind Is not their friend. I-et us accompany him, if yott please, in his journey to procure that remedy. Ite travels ono hundred and fifty miles with his little claim in his pocket What then ? He could hardly pay a lawyer in these expensive times to sign his praecipe ,ior mucn less man me wnoie oi it as a re taining fee; but let me ask what would ho havoof it after ho contests there in litigation with a stronger and a more rapacious oppo nent than himself ? That is the boasted rem edy which the Civil Bights bill now occupy ing tho attention of Congress is to give the African. Mr. President, I trust I have treated this bill fairly. But I hear some gentlemen say, "Oh, tho judge of tho Stato court who de cided against tho negro and who turned him out of his court is to be indicted; he is to be punished: ho is to Ive made a criminal and fined 81,000 and imprisoned a certain length of time." May I ask, sir, of what great ben efit that would bo to the negro? I agree mat mm wouiu uu cxcrcuuigiy uueusivu lu tho judgo, and it might bo exceedingly irri tating in his neighborhood, particularly if tho people thougut mo juugo was right in his decision; and I agrco that it might give rise to an eternal feud there; but I ask, wherein would thut help tho black man? air, tho machinery or this uovemraent is ut terly anu entirely unnticu lor me execution of any such law as this; and why? Just be cause this was tho Government of tho United States, and it was clothed with delegated Sowers to do tho things for tho United tatcs, and which would be for their benefit, that the States themselves could not do; and you may search the Constitution from end to cna, anu you cannot nna a singio uno in that Instrument which gives color to the idea that the United States Government was to havo power over any subject which the States could administer for themselves. It was given power over war and peace; and why? Ilccauso tho United States, thirty-six of them, could mako war and could make ncaco better than any one State. It was given jurisdiction over disputes between the States; and why? Because the thirty-six mates could seme mcir intestinal uisputes anion? themselves better by a referenco to this Congress and the General Government than they could by warring them out be tween ono another, as was very often the easo with tho ancient confederations and leagues that were formed between small mates such as ours, it was given jurisdic tion over tho revenue for its own support. It was civen Jurisdiction over certain sub jects common to the whole with regard to which tncro ougntto oc unuorin laws, uui no lurisdiction was ever irivcn it to intcrmed- dlo in tho concerns of tho States, and be tween tho citizens of the several States, and in their domestic affairs whero tho States themselves could and outfit to afford justice and a remedy. liut, as l said uciore, u we nud tno power to afford tho remedy, this is no remedy. It is no remedy to tho poor debtor that you prosecute his judgo and threaten him with lino and imprisonment. It is no remedy to the poor man with a small claim that yuu locate a court ono hundred or two hundred miles away from him that is so extensive In its administration of Justice that he cannot enter thero. Besides, there Is another difficulty iiboift tho execution of this law, if it ever becomes a law. It is to secure to the negro the right to testify in the courts. Soino peoplo do not like to bo witnesses very well, and I am one of them myself. I do not think anybody need quarrel much about It if it Is taken away entirely. Tho right to testify as a witness is not one that ho usually prizes very highly. He would a great deal rather stay at home and attend to his own business than to bo dragged to a court and hung around there eight or ten days hi order lo lie a witness for sonio other man. But tho judgo is to bo punished under this bill for refusing tho tes timouy of certain people who aro said by tho States not to bo competent to testify. How is that remedy to be enforced, or who is to enforce it ? Is the negro to bo insulted because ho cannot go into the State court to testify, aud is ho to become tho public prose cutor In the case and vindicate his right to bo a witness? If any eenutor thinks there would bo an especial advantugo in that, I must confess that I do not seo it, Tho right to testify is a right which belongs to tno par ties in tho court, and if the negro is a com petent witness, and If the juries of tho coun try in any State or community will bcliove him and can believe ldin, and if ho Is to bo useful as a witness, it is tho clear Intercut of those communities themselves to confer upon him that right or privilege ; and I think, from the tendency of the times, that all disabili ties will bo removed in the case of witnesses. I think after awilo they will all be competent: and whatever objections there may be to their testimony will go to their credibility rattier than to their competency Thero Is another provision of tho bill which, notwithstanding tho act of Congress relied la tbjla Pefer kr Awtbertlr ' THE a?nKBtOEHT. upon by tho honorable Senator from Illinois, I think, is unquestionably anomalous, and to mo not only anomalous, but atrocious ; and that is, the substitution of an indiotment for the writ of error. What has been the law of these united mates heretofore ? When an act or Congress came in contact with State law, and the Judge of thd Stato court decided that tho law of Congress Was Unconstitu tional, there was an appeal given to tho de feated party to the Supremo Court of the United States In order to determine the con stitutionality of the law. But, sir, who Until mo last lew months ever heard or making tho liiiliro a criminal hMaHsn lio tlerlded against the constitutionality of a law of the tTnlfr-fl Htjlfp. 0 ("Inn vrinlH lltlnlr v. H being Irnhsborlcd back to the dark arcs of the world when a man la to be accused and perhaps convicted of a crime who has done nothintr more than, honeatlv and rnnnr.Ipn- tlottsly discharged his duty. I knowlhat the persons of embassadors are sacred, and I know that it is a very high offence against tho law of nations, w Inch no civil Judgo of any court could Justify, to Invado this sacred right of tho embassador, but everybody knows that that is an exceptional case. Everybody knows that in all times and in nil nirpa flu. Judgo was punlshablcwhodid not respect the in.-rauu ui un emonsaaor, tint mat is not this case. That ahnlniry will not help the third section nf this bill. It Is nnpnlvnvnvnil upon the floor of the Senato of the United mates, in the year of our Lord 1868, In the full blazo and light of tho nineteenth cen tury, that tho indictment is to .be a substitute for tho writ of error, and it is justified be causo a Judgo ought to bo indicted wlio vio lates the sacred person of an embassador I What potency there must bo In tho recent amendment of the Constitution which has foisted the negro and set him upon the same filatform as tho envoy extraordinary and min ster plenipotentiary of Great Britain or of all tho Bussias to tho United States of Amer ica, and made him as sucrcd as an embassa dor, and tho Judgo who decides against hiin is to be punished as a criminal I Mr. President, there arc In tho law facts as well as rules. No enactment in tho world can make that a crime which in itself is not a crime. The Congress of tho United States, potent as it is within the rango of its dele gated powers, the Parliament of England, omnipotent as it is, cannot make (hat a crime which is not a crime in itself; and to do so Is only to convict Itself of an absurdity which at some subsequent period, If it docs not, it should regret. I ask whether we here aro willing to put upon otlr statute-book a provision of that kind ? I appeal to Senators of the reforming school, Senators of tho pro gressive school, Senators who declare that their course is forward and onward, will they do this thing? Mr. Howard. In easo a magistrate acting as a Judge assumes a jurisdiction which is not conlerrcd upon aim by the law, and thus proceeds as a wrong-doer, without any legal rights or authority, and commits a felony or a misdcmoiinor under the pretext of exercis ing his jurisdiction, is ho not guilty of u crimo width is justly to bo indicted and pun- lsueu r Mr. Cowan. Mr. President, that is not this case If the ludire, under pretext of havim; jurisdiction, wcro to do a wrong, it is not the judgo that docs the wrong, it Is tho indi vidual. A jnugo may uo wrong; but he ncter docs it in tho execution of a iuw which he honestly believes to be constitutional. Hero it is proposed on the part of tho Con gress of tno united States to pass a law overriding certain Stato laws. Is that de nied ? Will any Senator upon tho floor deny the fact that this bill is intended to override and set aside the Stato laws ? Why, sir, if it is not to navo mat operation, it is to navo none at all. As I understand it, there aro some States of the Union I do not know where they are, because I havo not been in formed what States they urc whero certain persons ure not allowed to mako contracts, and if they did make them, (for I suppose thero is no way of preventing a man from making a contract,) thero is no way by whicli they cun enforce them under the laws of those Status, and this bill is to give them a right to enforce thcin, to give them a right to go Into a court where tbo judge says they cannot go, and ho has no Jurisdiction to de termine their causes. Now, it is questioned whether that law is constitutional. Is it not questioned hero ? We aro not unanimous. Thirty Senators may be of opinion that It is, and sixteen or fifteen, or whatever tho other number may be. believe that it is not. The President oltho United mates Is oi opinion thut it is not constitutional. His constitu tional advisers aro of that opinion, or, if they aro not of that opinion, they should not bo there as his constitutional advisers. Well, sir, is it to bo supposed that that will not bo questioned In the State courts? I put It to you, Mr. President, whether you us a judgo of a State court would not hesitate in that case? What aro you to do? If you decido thut tho action cannot bo maintained ou the part of tho plaintiff, what then? Yuu uro to bo indicted und punished. If you de cide that it can, you aro to bo impeached by your own State Legislature and punished for taking jurisdiction of that over which the State has given you no jurisdiction. What is uu honest and conscientious judgo to do there? I can very easily tell what a coward ly man would do, a timid man, a feeble mun. 1 suspect he would shirk his duty hi somo way; he would find somo way to dodge It; but the honest man would decido tho ques tion as it struck him; ho would decide either for or against tho constitutionality of this act of Congress; and now wo undertake to buy that in so doing he subjects himself to a cruninai prosecution subjects himself to u fine and imprisonment; anil that 1 say hero in the open light of this day is atrocious and unworthy tho Congress of the United States of America. I have no other word for.it than utrocitv: so It will be stiirmatlzed, and so it will bo handed down to coming genera- tious if wo mako it tho law. It bus not been heard of before. Mr. President, all this you will observe is aside from the muin question; and that, us 1 said before, lvinir upon the threshold of this easo, is the question of power. Where do wo get tho power to pass tills bill? From wnul clause oi uiu uuusiuuiiuii is u vi tractedl Where is it? Bus anybody satis fied this Senator, or thut ono, or all of them, that there Is such a power in the Constitu tion? 1 navo listened ctireiuiiy to every tiling almost that has been said on this question; and I bay that nothing wortli talk ing about, nothing worth attention on Ihu part of a sano man has yet been produced lo show that we havo any constitutional uuthor ity to pass tills bill, however iiieritoroui the bill itself may be. It is not pretended that the power was in tho old Constitution; no man that lias ever so little reputation would hazard it upon that assertion. 1 have heard it said that it springs from tho remit amend 'f there Is color uny where for it, and that I ment iiDoiibiiuig slavery, i nero is mo coior, roposo to examine. What Is tho fair construction of that amend ment of tbo Constitution abolishing slavery? That amendment declares that "neither slo- punishment for crime whereof the party shall havo been duly convicted" and that excep tion might just as welt hare been left out; it was nut mto ine old uroinance oi 1 is, and has been handed down as a kind of tradition al heir-loom among tho Constitution-makers ever since "shall exist within tho United States or any place subject to their jurisdic tion." What was tho slavery mentioned there? What was the involuntary servitude mentioned there? Was it tho scrvico due from tha minor to his parent? Was it the right tho husband had to tho services of his wife? Nobody can pretend that theso things wcro within tho purview of that amendment: nobody believes it. It was mentioned as a matter oi riuicnie, in some places, mat it uui actually liberate the minor from the control of his parent and guardian; that it did ac tually entitle the wife to be paid for her own scrvicVs, that they should not go to tho hus band; but that was false. The true meaning ana intent oi that amendment was simply to abolish negro slavery. That was the wholo of it. What did it give to the negro? It abolished his slavery. Wherein did his sla very consist? It consisted in the restraint that another man had over his liberty, and tho right that that other had to take the pro ceeds of his labor. This amendment deprived tho master of that right, and conferred it upon tho negro. What more did it do? Notic ing, by the terms of it, and nobody can con strue its terms to extend beyond that. It gave to the negro that whleh is described in the elementary books of the law as the right of personal liberty. What is the right of per sonal liberty? The right to go wherever one pleases without restraint or hindrance on the part of any other person. That is followed by a subsequent clause, in which it is stated that Congress shall have a right to enforce this provision by "appro priate legislation." What is the appropriate legislation? Tho appropriate legislation is thut legislation which allows personal liberty to the negro and prevents anybody from re straining Jura In that liberty. Allow mo again to refer to the elementary books. The rem edies for a restraint upon personal liberty are, first, tho habeat corput; and If a bill is framed to give to tho negro tho right to the habeas corput, to deliver him from restraints whicli may bo exercised over him by any body, I shall vote for that bill. air. Stewart. H ill tbo Senator allow me to ask him a question ? Would he not have, under State laws, a right to a writ of habeas carjma without any act of Congress; has he not that right now ? Mr. Cowan. I think so; I hare always thought so. Mr. Stewart. If he has that right, and had that right at the passage of the consti tutional amendment, what was contemplated by tho phrase giving Congress power to pass appropriate legislation, if not to give him something that he did not have before? Mr. Cowan. I havo always been of opin ion that the Bccond clause of that amend ment amounted to Jnt nothing at all. When slavery was abolished, it was abolished as perfectly by the first clause as by both to gether. At tho sume time, however, it must be remembered that there has been a school of lawyers and politicians who contended that the Constitution in itself hud uo operation, but that it was for Congress to make such legislation as should carry it out. I believe that there was a school of politicians who contended that a fugitive slave law was not necessary, that the clatiso in tho Constitution itself was enough, without more; and there were others again who Insisted thut the clause in itEclf amounted to nothing, unless Congress exercised tho power and passed a law to carry it into effect. I suppose that was in tho mind of the person who drew this second section, but it supply gives tho right on tho part of tho United States to enforce the first, I say I am perfectly willing to do that I shall not stund upon lino points with any man upon these questions. I will agree to any habeas corjnis law that may be passed to rescue the negro from any unlawful restraint of any kind. I will go further which would bo "appropriate legislation" in that behalf; If anybody does restrain Improperly of his liberty a negro who has been freed by tho amendment to the Constitution, I will give the negro right to damages agabist him, so that he may answer in damages to me negro himself, and If you pleaso you may make kidnappuig an olfence. 1 think there is a a bill now on our table which makes the re straint of tho negro under theso circum KtnnrpB In lu a ffikr-eir-R of kidiinlmlnfr. T Tiuve no objection to that, because it is appropriate legislation. But, Mr. President, I suppose it will not bo pretended by any lawyer in tho world that tho subject-matter of thut amendment extended to anybody but slut cs. We have seen that It did not extend to minors, it did not extend to apprentices, it did not extend to married women. We know that it did not extend to anybody who beforo that time was free. Bid anybody ever supposo that it hud uny operation whatever upon the status of tho free negro, a negro who was born free or who bad been emancipated ten years be fore it was passed ? Certainly not. Nobody ever dreamed of such a thing. Its operation w us wholly confined to the slave; it mado the slave freo; it did not afreet anybody else except tho master by depriving him of his slave. Now, what does this bill do? This bill, pretending to bo based upon that amend ment of tho Constitution whoso subject-matter was slaves, and which cannot bo extended beyond that, proposes to legislate for a t cry large number of persona who were not slaves und who wcro not within its purview or its operation. I mean this bill purports to give power to Congress to legislute in regard to free negroes and mulalloes. To my mind that is as clear and coneliisivo an objection to It upon tho score of constitutionality as ever wus mude to it bill in tho world. How ever constitutional it might bo with regard to tho emancipated slave, clearly It is as un constitutional to all other peoplo not em braced within that amendment. I happen to hate conic upon a newspaper hi which it is stated nud 1 suppose the compiler Is ac curate that tho Irco negioes did amount, before the abolition of slavery, to nearly half a million four himdrcd and eighty-eight thousand und seventy, lacking about twelve thousand of half a million. There can bo no pretense In tho world that wo have any au thority to legislate in this w'se in regard to them under the amendment to the Constitu tion; und thut is tho only place lroiiiwrheneodicworkcllcd 1il,8elttn embroidery ono I hsivo heard anybody attempt to derive uny , . ,,,!, -... ., .' i.i .ii, nf A;iiitfnn,.i .thr.riiv tn nasi i h worked with canvas over tho material, tj,js ,in That,' Mr. President, If there were nothing elso in it, would have justified this veto, Apart from everything else, that alono is bo- yond nil question indubitable; and not only would it havo justified tho President in vctOr Ing the 1)111, but ho wonld havo been falso to his oath and recreant to his duty If ho had not vetoed It As I said before, it i. not. at question aa to the merits of the bill; it is not wnciuer in that respect it ia right or Is wrong; it is not a question whether its provision aro salutary or whether they are not salu tary; It la a question whether we havo a right to fas it Wo archers clothed with authority written down. Dowers enumerated and fixed, and that authority Is accompanied by the assertion that powers not delegated we shall not eier cisc. Then, If this power Is not delegated, wo navo no more ngnt to pass uus diii man wo would have a rie-ht to do any other un lawful thing. It is a hundred times, greater infraction of our duty than It could possibly be for a judgo, who Is made a criminal under this bill, to decide In favor of his own State against its constitutionality. I have no hesi tation In saying that Mr. President, 1 1 have another obtectlon to tho bill that is anomalous. This bill pro vides what I think ia entirely new In our ju risprudence, and if it is not, it ought to be; it establishes and pays pnblic prosecutors: it establishes and pays In every county whero the President may chooso to appoint them, persons who have no other office than to b public prosecutors What Is to be the busi ness of theso officers ? They aro to be a obnoxious as such an officer always ha been In every other country. They are to be to nearly akin to tho sneak .that the ono la hardly to be known from tho other. They are to pry about and they are to seo that this law is executed, and tfiat all lawgivers, all Governors, all judges, all juries, every body who has anything to do with the ad ministration of the State law are punished if this law be violated. What a compliment la that to tho American people 1 I thought if there was anyone thing well established hero among our people, it was that they them selves would enforco the due administration of the criminal laws, I believe thero is hardly a district attorney anywhere all over the country who hold himself bound to gojand pry about and seek offences In order that he may take them into his criminal court and bavo them punished. No, sir ; ours has been a very different sys tem a far more high and dignified one, and and one of which as an American citizen I am proud. Who by tho law has been In trusted with the duty of inquiring whether offences arc committed or not in your State, in my State ? It is tho grand inquest of tbo body of the Stato or of the country which Inquires. It is not the paid, hired informer, who is to get a fixed sum if he catches a criminal, but It Is the citizens of the vicinage, drawn, summoned, and swom to Inquire aa to these offences, and not only sworn to in quire, but sworn to do what the informer is not sworn to do, and that is, to protect tho citizen as well as to punish the criminal. That Institution is established by the Consti tution of tho United States, and by that suinc Instrument it is to " remain as hereto fore." By tho Constitution, the grand jury and the petit jury aro out of the reach even of Congress itself to alter or to charjgo their constitution; and yet hero It Is proposed to substitute in the room and stead of that bul wark of liberty (and it is tho great bulwark for the security of the citizen) the paid and tho hired informer in order to see that of fences against this bill are punished. Mr. President, that, to my mind, Is an other atrocity, and deserves no softer name; und It not only deserves that appellation, but it is an insult to the intelligence of our .people and an insult to their institutions that they should not bo supposed to know of themselves when tho laws arc violated and when one of them has been offended by an offence against himself, that he himself is not competent to bring it before the proper tribunal, but that ho should be aided by a commissioner. And I may say that if this was intended to aid tho black man, it is a poor compliment to his sagacity and comes very illy, 1 think, from thoso who insist that ho is now competent to bear a particular portion of tho sovereignty about his person, uud to be the depositary of a particular por tion of political power, or in other words, help us to vote. If he Is to havo a commis sioner, a kind of wet-nurse to sucklo him on into tho lawsuits and to aid him in instituting criininul prosecutions when he himself is offended, 1 should think, when ho is declared to bo a citizen of Iho United States, it Is no wonder that learned gentlemen quarrel as to exactly what that term means and how much la intended to be conferred upon him bv means of it. That is not just to the negro himself. We have a great many of them In my State, and when an assault and battery Is i-ninmitted upon OHO he understands ex- uclly how to resent It as well as any white man there. If his property is taken from linn, he seeks the ordinary channels to ro eoterit. lust as his neichbor. Thero Is no necessity whatever that you should exhaust the Treasury and overload tho peoplo with office-holders in order to procure for him tho vindication ot theso rights, it ho is ever to have them. Mr. President, I havo notliing to say in reply to the argument of tho honorablo faen utor from Illinois us against tho veto. In deed, I have not heard any argument. It is true ho says tho President has been guilty of a great many inconsistencies ; that ho onco mudo a speech against u veto that was sent iiero upon ono of his favorito measures, and he hus read a portion of thut speech. Ho has told us, too, that the President has exercised, as bo thinks, u great many powers not war ranted by the Constitution and the laws, and lias been generally guilty of divers incon sistencies. Well, supposo wo should grant all that, what has it got to do with tills case? A lait is not an argument. To raise a laugh is not always the highest effort of reason. To show that your antagonist upon a former occasion has Leon guilty of somo impropri ety of conduct is not dcl'endingyoursclf. Tho affirmative of this proposition is not with tho defenders and advocates of this bill. It is for them, In the first place, to show that it is such a bill as wo have power to pass, and becond, that it is one which it would be expe dient and politic for us to pass. Nothing but showing that clearly and conclusively win operato to overthrow tho arguments of Iho veto messogc. There they stand, calm, cool, clear, temperate, neither crimination nor re crimination in it; and to oterthrow, to gain say It successfully, it is necessary to show, aa 1 have just this moment said, that this bill la constitutional, and not only that it Is const! tutlonal, but that it would be wise and politic on our part to enact it and make it a law. Kvsroiheky, Thero are two kinds of the threads ot tho canvas being nulled away -t when the work is completed: the other & worked on tho material with fine black (ilk. Mexican embroidery is likewise worked with flue black silk. It is a button-hole stitch, ' worked very fur apart.