CONGRESS, UNITED STATES. 



193 



cuit court to the dungeons of the military 

 prison, prayed his appeal to the Supreme 

 Court that he might come under the protecting 

 wing of that court in its decision that the civil 

 authority should be preserved in this country. 

 That is the case that came to the Supreme 

 Court. I understood the Senator from Illi- 

 nois (Mr. Trumbull) to say that that case did 

 not come within the provision of the act of 

 the 5th of February, 1867, but that the right 

 to issue the writ might well rest upon the act 

 of 1789, and I think he occupied the same po- 

 sition in support of his motion in the court. 

 Let us see how it stands." 



The President pro tempore: "The question 

 is, 'Shall the bill pass, notwithstanding the 

 objections of the President of the United 

 States?'" 



The question being taken by yeas and nays, 

 resulted as follows : 



YEAS Messrs. Cameron, Cattell, Chandler, Cole, 

 Conkling, Cragin, Edmunds, Ferry, Frelinghuysen, 

 Harlan, Henderson, Howard, Howe, Morgan, Mor- 

 rill of Maine, Morrill of Vermont, Morton, Nye, 

 Patterson of New Hampshire, Pomeroy, Eamsey, 

 Eoss.Stewart.Sumner, Thayer. Tipton, Trumbull, 

 Van Winkle, Wade, Willey, Williams, Wilson, and 

 Yates 33. 



NAYS Messrs. Bayard, Buckalew, Davis, Dixon, 

 Hendricks, McCreery, Norton, Patterson of Tennes- 

 see, and Saulsbury 9. 



ABSENT Messrs. Anthony, Conness, Corbett, 

 Doolittle, Drake, Fessenden, Fowler, Grimes, John- 

 son, Sherman, Sprague, and Vickers 12. 



In the House, the veto message was consid- 

 ered, when Mr. Wilson, of Iowa, said : " Now, 

 sir, the House of Representatives has not, in 

 the passage of this bill, moved one step beyond 

 the line of power recognized by the Supreme 

 Court of the United States. In 5 "Wallace I 

 find a decision made in the case of Insurance 

 Company vs. Ritchie, the opinion being de- 

 livered by the Chief Justice, all the judges con- 

 curring, in which this doctrine is held : 



The case before us is a case under the act of 1864. 

 It is a case of which, because of the fact that the ap- 

 pellants and appellees are citizens of the same State, 

 we have no jurisdiction except under the act of 1833 : 

 and the act of 1866 declares that the act of 1833 shall 

 not be construed so as to apply to such a case. 



This is equivalent to a repeal of an act giving juris- 

 diction of a pending suit ; it is an express prohibition 

 of the exercise of the jurisdiction conferred by the 

 act of 1833 in cases arising under the internal revenue 

 laws. 



It is clear that when the jurisdiction of a cause 

 depends upon a statute the repeal of the statute takes 

 away the jurisdiction ; and it is equally clear that 

 where a jurisdiction conferred by statute is prohibited 

 by a subsequent statute the prohibition is so far a re- 

 peal of the statute conferring the jurisdiction. 



"The principle here recognized, of the power 

 of Congress to divest a court of jurisdiction, 

 and thus arrest the progress of cases pending, 

 supports fully our power to pass* this bill ; 

 and no one has or will seriously question it. 

 The jurisdiction given to the court by the act 

 of February 5, 1867, is the law of the remedy 

 in and for cases coming within its provisions. 

 "We established it and may demolish it; we 

 VOL. vin. 13 A 



passed the act and may repeal it, or any part 

 thereof. If the McCardle case falls, the coun- 

 try may have escaped the danger of another 

 political decision by a majority of the Supreme 

 Court. I do not know how this may be, but I 

 do know that in all this thing we have fol- 

 lowed and are following strictly pur constitu- 

 tional power. We have kept within its lines 

 as defined by the Supreme Court. We are 

 exercising no doubtful power whatever, and its 

 exercise in this instance is for a rightful, just, 

 and proper purpose. The passage of this bill 

 will give relief to the court and advance the 

 interests of many waiting suitors, whose causes 

 have been delayed by the persistent efforts 

 which have been made to induce the court 

 to enter upon political questions involved in 

 the reconstruction legislation of Congress. It 

 springs from higher considerations than those 

 of hostility toward the court. 



"Mr. Speaker, the gentleman cannot hope 

 that the majority of this House, possessing 

 the legislative power of the Government with 

 the majority in the Senate, will yield, on any 

 misconstruction of law or any political subter- 

 fuge, the right to settle into a condition of 

 peace and repose this country, reorganize the 

 rebel States upon just, firm, and abiding foun- 

 dations, and restore them to the Union." 



The bill was then passed by the following 

 vote: 



YEAS Messrs. Ames, Anderson, Arnell, Delos E. 

 Ashley, James M. Ashley, Bailey, Baker, Baldwin, 

 Banks, Beaman, Beatty, Benjamin, Benton, Bingharn, 

 Blaine, Boutwell, Bromwe'll, Broomall, Buckland, 

 Cake, Churchill, Eeader W. Clarke, Sidney Clarke, 

 Coburn,Cook, Covode,Cullom, Dawes, Dixon, Dodge, 

 Driggs, Eckley, Eggleston, Eliot, Farnsworth, Ferriss, 

 Ferry, Fields, Gravely, Halsey, Hill, Hooper, Hop- 

 kins.ChesterD. Hubbard, Hulburd, Hunter, Ingersoll, 

 Jenckes, Judd, Julian, Kelley, Kelsey, Ketcham, 

 Kitchen, Koontz, Laflin, William Lawrence, Lincoln, 

 Loan, Logan, Loughridge, Mallory, Maynard, Mc- 



eroy, Price, Eaum, Sawyer, Schenck, Scofleld, Selye, 

 Shanks, Smith, Spalding, Aaron F. Stevens, Thadde- 

 us Stevens, Taffe, Taylor, Thomas, John Trimble, 

 Twichell, Upson, Burt Van Horn, Eobert T. Van Horn, 

 Van Wyck, Ward, Cadwalader C. Washburn, ElihuB. 

 Washburne, William B. Washburn, Welker, Thomas 

 Williams, James F. Wilson, JohnT. Wilson, Stephen 

 F. Wilson, Windom, and Woodbridge 114. 



NAYS Messrs. Adams, Archer, Axtell, Barnes, 

 Beck, Brooks, Burr, Gary, Chanler, Eldridge, Fox, 

 Getz, Glossbrenner, Golladay, Holman, Hotchkiss, 

 Eichard D. Hubbard, Humphrey, Johnson, Kerr, 

 Knott, Marshall, McCormick, Mungen, Niblack, 

 Nicholson, Pruyn, Boss, Sitgreaves, Stone, Taber, 

 Lawrence S.Trimble, Van Auken,and Woodward 34. 



NOT VOTING Messrs. Allison, Barnum, Blair, 

 Boyer, Butler, Cobb, Cornell, Donnelly, Ela, Finney, 

 Garfleld, Griswold, Grover, Haight, Harding, Haw- 

 kins, Higby, Asahel W. Hubbard, Jones, George V. 

 Lawrence, Lynch, Marvin, McCarthy, McCullough, 

 Morgan, Morrissey, Nunn, Phelps, Eandall, Eobert- 

 son, Eobinson, Shellabarger, Starkweather, Stewart, 

 Stokes, Trowbridge, Van Aernam, Van Trump, Henry 

 D. Washburn, William Williams, and Wood 41. 



The Speaker : " Two-thirds having voted in 

 the affirmative, and it having been certified to 



