The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-05-12

owl governments In them This SIR claims az an Ex
tuonthe power which he proceeded TO exercise al an
early period and, sr a power which, ip my Judgment
exists IN no part OF the constitution OF the United States
In this document SIR he claims the right to recognize
such governments az State governments with all the
powers rights and privileges Of States in the Union In
United States make peace with the States In in
surrect,on SIR under what clause Of the constitution
to proclaim and establish peace after state Of
war has interviewed, whether with foreign country
with state or district declared by Congress DO in
nsurectonS he has not the power under the consii-
tuition 70 make war; and FOR the same reason ne mas no
power under the constitution to make peace and Con-
gress has In any statute which has passed given
to the President OF the United States any authority what
to declare peace regard the rebel Stack
Gentlemen will look in vain for any such authority In
the act Of 1891 the President authorized declare
essan states 81 parts % ses0rs 70 a S
appear TO him, to be in nsurscton; but sir Congress
never gave 70 him any power whatever " declare the
nsurrecon TO be at an end, much less 10 declare the In
surrectionary districts States restored TO the status
which they occupied before the war, much less de-
clare that peace, SUCH had interviewed
Mr. CowAN, (rep.) OF Pa inquired whether there was
a necessity for any declaration OF the kind-whether
was 10 declare the return OF peace by proca
matonf
Mr. HowARp-That is by means the question II Ia
not question whether there be any necessity for grant
Ing such power TO the President any other person.
but the question is whether II has been granted
assert sir, that Congress has granted any such
power TO the President as TO declare that peace in ali ia
FORMS in all its relations has been restored insur
rectionary districts Congress has taken good to
reserve for themselves the authority and need only
refer TO the fact that the statute 10 which refer
drawn by the hand OF of the cautious and cir
cumspect and profound constitutional lawyers OF the
country. refer TO the Hon. Mr. Colamer Of Vermont,
who is understood TO have been the author Of that
He by means inserted any clause in that statute
thorzng the President Of the United States to declare
that peace has returned
Mr.. SuxSER-He was the author Of that act
Mr. HowARD-Bat the Presidents message
that II Is within the constitutional competency OF the
President OF the United States make peace with the
insurrcctionary States and assumes SIR all this with
out the slightest recognition on any OF Its pages in
any of Its paragraphs OF power duty Of Congress
legslae on these momentous and important subjects
~ the sSS he Se cS
only OF power the rebel States II does
propose 70 consult Congress at all the subject OF
construction and takes little pains 20 refer this sub
ect any other branch Of TO Congress II there
Congress and with singular GOODNESS, asks the
two Houses 10 Judge each for itself Of the election
turns and qualifications of Its members. Mr.. How.
ard after quoting from the message and from OF
the proclamatons Of the President sad that he president
Johnson had presumed to appoint, without law Pro-
vsona Governors for the Southern States and mpart
the power to call conventions for the purpose Of allowing
those states TO remodel their constitutions and
laws to the whole field Of State legislation; and he
had said after having done this very cooy and very
condescendngy 70 Congress- at remains for you to
judgeof what? Of the fitness OF the States for
mission into the Unionf No, SIR. To judge Of any.
thing else9 No. SIR But simply and solely 10
Judge the elections qualifications and returns OF the
Senators and Representatives who might happen TO be
elected represent the Southern States
under the Executive decree There abnegat
the part Of the Executive Of any authority whatever
for Congress TO interfere ntcmcddlc, regulate
any whatever the status OF the rcbel States Mr.
Howard said he would not that Provisional Gov
ought not to have been appointed but the qucs
ton was what power bad the President
the subjedS II was for Congress- and not for
the President have authorized these appointments
The power exercised by the President In this
one Of the most enormous usupatios OF the Of
Congress attempted. the Congress Of the United
States should at this moment. wink at this assumption
their constitutional power over this most important
branch OF their daties,hen no r Howard) looked for
ward to the time when the will Of the Executive of this
Howard continued:--Tho President should have
war, instead of claiming the right 10 say
that he--Andrcw johnson, the Lucky-was to say how
work Of reconstruction be conducted Refer
ring Mr. Iincon's plan Of reconstruction Mr. Howard
said Now SIR let the Of Mr. Lincoln be no longer
policy, by which the law power Of Congress the
subject Of reconstruction said 10 he absorbed tho
single hand Of the Executive Of the United States Do
not desecate the name Of 20 great and good
President Lincoln by imputng to him such gross at
tempt to usurp the powers OF Congress Mr. President
delivered by HIM at tho Cooper Institute In New York.
the 22d Of February, simultaneously with the de-
already alluded speaking Of the restoration Of the rebel
States uses the following language which 70 me Is very
strange indeed sr he says, Now am suro thai this
succeed That NJ the plan Of the immediate readmssion
NJ the southern states into Congress- II am sure ofi
says the Secretary Of State, .becanse some plan
must succeed" He Is perfectly a particular
plan 10 going TO succeed, because some plan
logic II had uttered such that by way Of
logic, think the Professor would have told me
non ssquur and because continues Secretary this
Is the only plan which has ever been attempted or ever
Will be attempted, &C. The only plan Had the hon
orabo Secretary forgotten the plan o. Ar Lincoln
from darknessS Certainly he says, that ~ the only
that DO attempted with suocessn We will try
the ssue. Mr. President, make boasts throw out
and no defiance; but I say with confidence
here TO the friends Of this policy win Try that ISSUE
should deter honest from sspoasing the mega.
tive and tell you that when II s fully aud fairly pre-
sented TO the people Of The United sta,es-whsn they
BREADTH IN It's designs and purposes, In its enormous
dangers In lis injustice and cruelty and In
that an honest, loyal and gallant people,
who have done much TO preserve tho governmcnt 10
maintain dignity and honor will give a lasting and
an endurabc rebake TO this policy so confidently as
serted by the Secretary Of State. He says II IN nearly
executed already. The States he says. barke 70 this
The states tnen just truly in the exerc SC Of their
State conventions and powers and faculties ~ the Stale
Of New York is at Albany to-day VIVA. is the
States are at the present time A. legitimately
and ccnstitutlonaliy in the exercise Of their
he laws Of tie United states, and II as much
entitled 70 be represented in the House Of Congress a. Is
the state Of New York, and Congress wantonly and
representation that enjoyed By the State Of New York
what Is to he apprehendsds What h tho logcal result
OF the assertion of the Secretary OF State that they are
perfectly rehabitacd aud possession Of State rights
members Of this Union tho State Of New York
Sir would not lnpute the Secretary OF any
unlawful or wicked Intention do not But cannot
read this language and not draw some inference
from II that a. least squnts at the possi.
billy OF armed Interference some future
time and the establishment, by means Of Executive
power Of these trcted States in Congress- with
Full quota % Repres natives and Senators II they
constuonally entitled 10 this representation, and
much New York, II 10 wholly unconstitutional TO
keep them out and according TO the idea Of The secre
tay Of tas the conduct OF Congress this subject 10
usurpatoy Evolutionary and almost tressonabe STR
there is but one step more after sleh deciaionthat
IT, advising % the employment ~ military force TO
carry ouths purpose. In conclusion Mr. Howard. refer
ring 10 the condition Of the south argued that the spirit
OF the rebellion sl exis,c there and that under q
president like buchanan II would break out again. He
intended TO resist the Executive Intentions Of which
he had spoken while he had seat In the body Con.
grcss 10 BE- expelled by the point Of tho yonet
by newspapers in the interest OF the Prss
dent he, for would resist a. Not Boosting Of pecu
liar courage, he Mr. Ho~ard) would say, on ssk
fayors. The FIRST hand OF violence laid upon mem.
Der Of this body tho other body will be the signal for
ufr. hp ther. lovu ma az