The Conservative. (M'connelsville, Ohio) 1866-1871, 1866-08-17

dent owed, the Constitution required
that they should be deprived Of the
power of mischief
II was necessary to protect our ar
mics in the process formation against
hostile elements as well as to protect
them againts meeting and opposing
armies in the field Military commits
sions are warrantablo only in cases in
which the commanding General is JUS
tilted in ordering execution on his own
mandate without trial, then he may
properly organize commission to adj
wise and share with him the RESPONSE
bility; but j have never been satisfied
with the trials and convictions by mil
itary courts where our civil courts held
undisturbcd sessions, and our civil
laws could executed. Such things
have nevertheless been done, and /
have not failed to protest against il i'm
the orquartcrand useall allmypowers
OF reason and argument to prevent It,
The prevention Of mischief is one
thing the trial and punishment of Il
crime complete is another.
For this use Of military tribunals the
administration of President johnson is
not entirely free from responsibility,
but as far as ! know, it was only when
he was fresh in his office, near to the
surrounding circumstances which in
fucnced the action OF his predecessor
and of his counselors that he fell into,
what / consider, n vital error-and
showed from the first n purpose to APP
ply to the mischief an early and,
whenever possible, an efficient remedy.
Thus, in the only instance in which he
greatly erred, it was by uniting in the
policy Of those who now most condemn
him it was by suffering himself TO be
borne onward by the wild tide of
events which threatened to sweep away
and obliterate the ancient landmarks
Of our Republic, and it was only when
he attempted to check its violence that
no encountered fierce resistance, contu-
maly and rcproach.
Besides the illegal constitution Of the
two houses of Congress, by the cxclu-
sion of the eleven States, there was a
vice anOvclty in the proceedings ofthosc
two assemblies by the appointment OF
n joint committee on the all important
question Of reconstruction, and the ad-
mission of members to each body-a
committee similar to that of public
safety in the constituent assembly OF
France in the days Of the revolution
and almost equally potent.
! The two houses were, by the an.
poinment Of this committee and the
powers granted it, consolidated, and
there was no longer, for the more i'm.
Iportant purposes of the session, two
houses Of Congrcss-two deliberate as
scmblios. Indeed there could be no
free deliberations in either Of those
bodies. They were fettered and bound
! by thcaction Of the joint committee,
and no mcmber could be permitted to
introduce q measure without its first
passing through this ordeal; indeed, it
was as much rs the political standing
Of amy Senator on Representative was
worth to dispute its behests In few
instances it was attempted, but on each
occasion followed by an explanation
and an, apology.
Men are driftcd by the strong cur
rent Of events whore their own dclibe-
rate judgement would not carry thom.
In the composition of most men pos
scssing intelligence and some force Of
character, there is more of the osicr
than the oak-honce it is that in times
Of high party excitement the morerecx-
less and violent govern, in political as
scmblics, sobcr-minded men, their su-
pcriors in knowledge and intellect
Measures were adopted almost unani-
mously which would not passed the
two Houses by the free votes Of the
members, without this restraint. It's
efficacy must have been understood and
its necessity foreseen, or this strange
anomaly in American legislation would
not have been rcsorted to.
BY the report of the Committee on
Reconstruction, it appears to have been
their opinion that what is generally
understood as an executive duty, the
right Of determining when the insur-
rection on rebellion in the State has
ceased and it is in n condition for self
government, pertain to the two Houses
Of Congress, and not TO the President.
They say it was his duty to execute
the laws OF Congress, and they ignore
and they in effect deny his right to do
his duty uIier the Constitution, except
as they may direct and impol him;
this is their first radical error, and tho
close Of the report shows how unfit Il
legislative body is for tho performance
Of executive duty.
TWAS we'll shown in tho long Parli-
ament in England, whom they under
took to exercise executive power, it is
equally well shown hero.
Not only could not Congress agroo
as to what should be done to effect re-
construction, when it should begin, and
how far it should advance, without the
aid Of Committee OF Reconstruction,
but that committe, so selectod had to
flaf l, - n