The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-05-12
CONGRESSIONAL PROCEEDINGs.
wAsn1NeroS, May IL.

was taken up and Howard took the
floor upon it.
Mr.. Grimes presented joint resolu-
ton of the Indiana Legislature for the
establishment of national branch oi
education, which WAS ordered to be
laid on the table.
On motion of Mr.. Anthony 1t was re-
solved, that when the Senate adjourn
to-day, it adjourn to meet on Monday
next.
Mr.. CONFESS offered a resolution in
structing the Committee on Printing
to report upon the e9pediency of pro-
viding against the suppression or alter
alton of speeches in the Globe, which,
at request, was laid over.
Mr.. Grimes called up the joint reso-
luton to carry into immediate effect the
bill 10 provide for the better organiza-
ton of the Pay Department OF the Navy.
Mr.. Grimes offered an amendment,
which was adopted, that hereafter
naval constructors shall be staff officers
of the navy. The resolution as amend
ed was passed.
Friday next was ON motion, set apart
for the consideration of bills and re-
ports from the Committee on Invalid
pensions.
Mr.. Morgan presented a memorial
from the citizens of New York, asking
that Congress insure the burial of the
remains of Union soldiers still exposed
on the battle field of Shiloh.
Mr.. Chandler called up the joint res
olution to prevent the introduction OF
cholera into the United States. The
question was upon the amendment of
Mr.. Edmunds, changing the provision
in regard to the establishment of a
quarantine by the Secretaries of War,
Navy and Treasury, from donations
authorized, and providing that they
may do so instead of that they shall.
NJ cd ha u
ton SO as to make it read that it shall
be the duty of the Secretaries of War
and the Navy, under the direction of
the President of the United States, to
adopt and enforce a system of quaran-
tine, &c.
The morning hour expired pending
the discussion of the subject, and the
Post Office Appropriation bill was ta-
ken up.
Mr.. Howard said that this discussion
had taken a very wide range, SO much
so, that it seemed as if the gentleman
who had taken part had become en-
tirely oblivious of the subject matter
before the Senate. He trusted he would
not fall under the censure of the Sen
ate for following the example of so
many others. II has been declared
dnring this discussion and on numer-
Gus other occasions, both in the Senate
and out of the Senate, that the 500 call
ed policy of the President of the United
States, who holds his office by virtue of
the Constitution and by reason of the
death of President Lincoln, that it is
but the same policy initiated and which
was endeavored to be carried out by the
lamented Lincoln, and we have been
told by the honorable Senator. from
Wisconsin (Mr. Doolittle) and the Hon.
Senator from Pennsylvania (Cowanl In
very energetic and emphatic terms that
this policy is the identical policy of Mr..
Lincoln in regard to the reconstruction
of the rebel States. L take issue with
the honorable gentlemen on this ques-
ton of fact and identity-that the poll
cy of President johnson is identically
the policy of President Lincoln. Upon
that grave and important subject shall
show, sir, or endeavor to show, that the
two kinds of policies, that of Mr.. Lin
coin and that of Mr.. Johnson, are in
point of principle as wide apart as the
poles. While on the one side, sir, there
is the assertion on the part of President
johnson of the absolute power of the
Executive of this Nation to interfere in
the manner he is interfering for the So
called restoration of the rebel States,
while on that hand it is asserted in his
behalf that he has the omnipotent pow
er, that it does not belong to Congress.
Mr.. Lincoln always in his most solemn
proclamations and in his most solemn
careful to protest that he, as the Exec
utive branch of the Government, pos
Sessed no real power on the subject of
the readmission of the rebel States into
Congress. Now, Sir, let us recall a lit
tie of the history of the past on the
subject and see or eudeav0r to see the
exact position occupied by Mr.. Lincoln
touching the power of Congress over
the question of the readmission of Sem
ators and Representatives from rebel
States into CONGRESS-. But before /
come to that, Sir, let us if possible as
certain what this policy of Mr.. Lincoln
actually is. Let us entertain clear
ideas upon this subject and ascertain
if j be possible what is real and
of the gist of the controversy now ex-
listing between the President and the
Congress of the United States. The
best announcement of policy of Mr..
Johnson upon the subject of recon-
is of course TO be found in
the most solemn paper which he ever
opening of the present session of Con-
gress. have read that message, Sir,
with the utmost care. i have read IL
and studied it carefully and repeatedly,
and If their be any document in exist
ence that is we'll understood both in
Congress and ont, 1t Is that document.
Now, Sir, the following is brief .sy-
nopsis of the views of the President on
this subject contained in that paper.
1t assumes and asserts the power of the
President to appoint Provisional Gov
ernors of the rebel States, and TO give
them authority to call conventions and
re-estab lish civil government in them.
This, Sir, it claims as an executive
power, and claims that 1t Is derived
from the Constitution. The power
which he proceeded to exercise at an
early period, and Sir, power, which
in my judgement, exists in no pant of
the Constitution of the United States.
In this document, Sir, he claims the
right to reorganize such governments
us State governments, with allthe pow
er, rights and privileges of States in
the Union. 1nshort he claims the pow
er as the executive ofthe United States
to make peace with the States once in
Instruction. Sir, under what clause
of the Constitution does the President
of the United States have power to pro-
claim and establish peace after state
of war has returned within a foreign
country with which we might happen
to be at war or with a State or district
declared by Congress to be in tnsurFec-
ton. He has not the power under the
Constitution to make war and for the
same reason he has no power under the
Constitution to make peace, and Con-
gress has never in any statute which
It has passed given to the President of
the United States any authority what
ever to declare peace even in regard to
the rebel States. Gentlemen will look
in vain for such authority. In the act
of 1851 the President was authorized TO
declare certain States or parts of States,
according to his discretion, or in other
words according to the facts, might APP
pear to him TO be in insurrection, but
Congress never gave to him any power
Whatever to declare the tnsurrection to
beat an end, much less to declare the