New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-11-03

lament that you neglected it, This concliaory method
was pursued toward the Rebels but finally have said
falling OF success Mr. Lincoln resorted to the Proeama
non OF Emancipation mon had baeS conducted was thus
changed IFS scope enlarged New obligations ana new
duties we're imposed upon the loyal people of this country the
moment the slave vas declared free In with
this solemn pledge 20 the men, Who nom that hou fought IN
% 10 Wn on.e in cyery way they could throughout the
entire period Of the IN the Rebel States the hrs suD
feaon people that those coored men thus emanepated
shall secured them in the fundamental law OF me and
that equality Of civil rights which given to any ana all Gnu
zens The second section Of the proposed amendment SIMPLY
the logical deduction necessity arising rom thus
Now, how is il with the second objection OF MI Holman TO
t ooneuee which TOOK place between Gen Grant and
Gen Lee the time Of the surrender OF Gen Lee army On
The 9th OF April 1865 Gen te Gen Lee follows
GENERAL Of yesterday received As have no
tho 70 treat the subject Of The meeting -, II
equally sn1ou, with yourself TIE whos North enter
%e anSs.sooS By s South laying down thcr sT@ they viii
hasten thai most dese event and save no1sd 81 h"
hoping that all difficulties he settled without the loss Of
Passing over the imporant notes of the dates win
read yon the final communication between Grant and
Lee written on the evening Of that day Gen. Grant again
GSS LEE klein accordance with substance my letter
Army y q virginia n VRSS.s ooS;
T follows te rs ana . S t ne oS 20 ~ &
homes disturbed BY United authority they
observe i' p'''' and the ''' s
To this communication Gen Lee responded as follows;
surrender Army Virginia proposed by you AZ
they substantially the those expressed in your letter
II win proceed to designate officer tOearr the pnoton'
It viii be seen that Mr. Hoffman bases his allegation Of bad
faith part upon the concluding portion of Gen Grants
letter TO CEN Lee written evening OF the 9th OF April
where says that each officer and will be allowed TO
authority long they have observed their parole and the
laws in force where they may reside IL win, however be
recoeced Grant distinctly said TO Gen Lee the
opening of the correspondence that he had power treat
the subject Of peace 1t was only military commander
that he could offer terms and accept terms from Gen Lee
Why did Gen Grant make this specific declaration Because
he had been instructed by the Commander nCh Of the army
and navy the President u the United States not 10 treat upon
After Gen Grants first telegram IN March upon the subject
Of negotiations with Gen Lee received ~ President LIN
Secretary Of War and the Secretary Of state and he ordered
the Secretary OF War to forward it to Gen Grant The reply
''''-' 80 ''"'"'' wA,nyGroS March 10. 1868
wishes You to with Cen Lee au be for the
e.ptason f den Les army or on some minor 1 and gd &
di'ru's CT confer oPoa any PoIincs. question
EDWIN N. STANTON Secretary War
In the light Of this instruction the cautious language adopted
by Gen. Grant in his correspondence with Cen Lee Is easily
understood lie could parole he did and the parole Wond
al those who embraced within It, from the pen
elites Of individual crimes Ia other WoIds operated 70 re-
eye them from the penalty OF the loss OF life liberty and prop
cry but It conferred upon them no civil immunity ngnto
privilege which might not be In eonsonance win me a1th3
granted by the President or the awmakng power OF he Gov
emmcnt It to me- therefor that this point which has
been dwc upon 80 earnestly ~ Alr hOhmah ahs 70 Ne
rVuud hardly need icr To the allegation he makes m recr-
bad faith 20 the south ~ the gi OF Amnesty
Proclamation Of ar johnson Tor TINT dd NOT as u was 40,
intended tn release the persons who were included
therein the pcnuly 81 loss Of life liberty aud property
because Of her treason Congress does not now ana Ns G'
proposed interfere with this pretogutye OF the frcsi
dert Congress simply proposes IN inc t.la SECTION oa
of the proposed Constitutional amendment to say 10 those men
who have been guilt ~ rcnsOn Nou cannot now mold ONCE
and the President cannot deprive Congress Of the exercise Of
This power And the people should ADOPT Toe hmehIne' u
viii be simply in accord with their sense OF Individual and ma
tive persons Who are released rom plsoh III winch tH'! NV
placed bccauc Of the commission Of eme are not neces
sa restored 10 the fun enjoyment OF ciyrsts As Governor
of this state NAV do In instances restore 10 per
r1rloucd the gh of citizenship but the pardon IN itself
TINT the Legislature OF this State the people through an
amendment the Constitution might not withhold from the
persons their civil rights The President has had no power
conferred upon him by Congress 10 thus Tlsntc persons ~
prcruenyc upon him the power which conferred Il
could withhold change IT, There one other pelehse on
c6ntcnded that the policy Of lr johnson is continuation
the policy OF The amend Lincoln u requires but word
their Of administration and to their public declarations Tor
they pant OF the history OF the times and are familiar TO a
almost enough 10 that the friends and supporters OF Ar
johnson are geneu those who were the opponents OF M
Lincoln But mark with what care the Int President conceded
ConSe, Instead 81 SeI"''E 3 liz rcm5red that in his
speech othc nth April 1861 just prior 20 his assassination
De distinctly uttered this hs settled judgment II was not
aThly formed Judgment In his Amnesty Proclamation OF
December r ROB he uses this language;
heher members Congress from state shall be admit
House. md net 70 any extent with the Executive
He seems have well understood and 10 have been willing
10 admit upon an proper occasions that Congress alone cund
inquire into the republican OF the States and that
Congress had under the Constitution not only the authority! but
that duty imposed upon TO that every state had
constitution republican In form and that this question
rested with Congress and not IN any sense with the Executive
confirmation o his view, and in support OF the position OF
the Union Republican party upon this question: refer you 10
the opinion the late CHIEF Justice fancy in the ease OF
Luther against Burden which grew out VI the Rebellion III
Rhode Island known the Dorr Rebellion, and in which the
supreme Court held that the power OF deciding whether
State Government should bcrccogizcd as Republican belonged
to congress Judge IHney.
Under this el'qs q The c91.,ia,os .eTns to &c e%,e
publican Goyemge ret. win cSos,, 80 dseds Sss, govern
70 eh stse Republican Government coosrsss must usces
say decide io~hsi government Established 10 state eeiSIe can
md into II: council. q ,es
ed si republican eh.reter rseoil,d 6y the proper
authority and it, decision IL biad1g on every other
seSrn%sn, established the permanon, state
not be Republican Government aud would DO the duty OF
Congress 10 overthrow IT,
This opinion shows first that the duty Of determining
whether a State Government IS Republican, belongs TO
Congress and not to the PRESIDENT second tat !e tes Is
The admission rejection OF Senators and Representatives from
lent Fourth that is for Congress provide Republican
Government and the President Having, trust,
now pass from those considerations relating to Mr johnson
which are unfortunate to him as they are painful aud
lame TING in favor Of indicating tie Constitutional nights Of
The Union men Of the South aud the rights of man and the
citizen which the results Of the and the Nations deep voice
u justice have conferred upon class heretofore neoIeS
Df everything bat bondage ana the hnru piNlege "
being true 10 the Union during the years Of rs great peril Is
TOO much to ask Of the revolving States that they should give
every pledge and guarantee Of future loyalty before being again
admitted 10 full participation IN the affairs OF the nation
that recently from hostile combat to The best inter
ests the republic and the OF humanity shall not only
make profsou of loyalty but the possibility OF an
Interior unrendy purpose before being again clothed win p
cnl power and public authority refer 10 the recent out
breaks and massacres Memphis and New Orleans and the
ournges in Southern communities upon men ana
women Of known Upon sentiments and the general puDc
official station Of prominent Rebels AS the
evidence part of prevalent and settled purpose on the part
Southern people in opposition TO tho dominance OF loyal
men and the sway of Republican principles Either the work
pf our fathers faue and recent severe trials
sucrng and sacrifices mistake or We are right IN
asking sacred acknowledge Of adequate measures OF Con
stitutiona protection Applause Ne seems 10 me