Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1866-05-25
Tho difference Between tho Presiden.

The Difference Between b President
and Congress.
We have often and unreservedly ex-
pressed the opinion that neither the Presi-
dent nor the majority in Congress are ex.
clusively responsible for the scrangs III
we may be allowed to use a very appro-
pirate word that was repudiated in the
senate-that they have got into. AS
usual in the case Of a quarrel, both are TO
blame. We owe neither anything but
good will, and such obedience as a law
abiding citizen must render to the consti-
tutional authorities, and propose to state
the facts.
During the war It was the policy Of the
wal party to magnify the Executive Office
and 1t is possible President johnson may
have accredited himself with too great a
share Of the responsibility in the work OF
reconstruction. The majority in Congress
opposing tho line Of policy upon when
the President was acting when that oooy
assembled, and doing in the outset that
which was equivalent to q vote OF o want
Of confidence in him, have steadily depre-
ciated the power vested in him, and under
valued the man himself, and those whc'
for four years, gave special prominence 70
military necessities, Of which the President
was to judge, now find the necessities po-
%litical, and fixed the power in Congress-
The change in the times from a condition
Of war to one Of peace, though covering q
multitude of Inconsistencies, has not the
amplitude to conceal this one.
The difference between the President
and Congress, We have believed, was one
of means to accomplish the same general
result, and in the conception of a policy
for the restoration Of the Uuion, 1t has
been our opinion the President was wiser
than Congress. He don't believe the pas.
sage of an act OF Congress can change the
face Of the earth or the natures Of men, or
revolutionize, in the ~twinkling OF an eye,
the ancient usages Of society.
1t is plain to him, as to others who are
capable of obtaining practical informa.
ton, that the best protection for the
blacks. at least among the generation that
has experienced slavery, is the good will
Of the whites, and that this can not be OBJ.
tanned by any amount of legislation.
Chief Justice Chase, it is said, and we can
we'll believe it, holds that the Radicals in
Congress have, by their bad temper and
indiscreet course, revived and exasperatpd
the old prejudice against the negroes, and
thus inflicted upon them avoidable suf.
fering. 1t is quite certain that no little Of
the abuse Of the colored people, Of which
we hear 90 much from the South, is charg-
able to the ungenerous spirit Of Congress-
and We are well persuaded that It is a mis-.
fortune that will long affect unfavorably
the general welfare. that this Congress
did not, 10 the beginning, cordially con-
cur with the President in the leading
measures to which he had committed
himself.
His influence in the South was at first
salutary. Look at the law Of Georgia,
adopted on the 18th Of March:
"[No. COL
"An Act to define the term persons Of
COLOR and to declare the rights of such
persons. =,
"SEcTIoN /. Be IL enacted, &c., That all
negroes, mulattoes, mestizoes, and their
descendants having n : eighth negro
or African blood in their veins, shall be
known in this State as persons OF color.
"SEc. 2. Be Il further enacted, That
persons of color shall have the right to
make and enforce contracts, to sue, be
sued, to be parties and give evidence, to
inherit, to purchase, and to have full and
equal benefit Of all laws and proceedings
for the security of person and estate, and
shall not be subjected to any other or diff
ferent punishment, pain, or penalty, for
the commission Of any act oroffense, than
such as are prescribed for white persons
committing like acts or offenses."
What necessity there is for Freedmen's
Bureau and Civil Rights Bills in Georgia,
if this statute is executed in good faith, as
there is reason to believe 1t will be, we do
not know.
Congress, in its extravaganza, has pro-
posed to "govern the world too much"
and has parodied the Fugitive Slave Law,
in its zeal, to restrict those not educated
up to its standard, and to antagonize upon
the most rugged issues all opposition.
The remarkable resemblance Of the
Civil Rights Bill to the Fugitive Slave
Law is complacently admitted by Mr..
Trumbull, and he claims for it the sup
port of those who believed in the consti-
nationality of the Fugitive Slave Act, ap-
parently needless Of the fact that many
eminent men Of the Republican party, In
Guiding the Chief Justice. believed that
act unconstitutional. If the likeness OF
the Civil Rights Bill to the Fugitive
Slave Act is as close as claimed BY its au-
thor, it is extremely probable that the
Supreme Court of the United States will
declare its unconstitutionality.
In the Senate, on the 23d OF February,
1866, occurred a debate lasting twelve
consecutive hours on the execution Of the
United States laws. The bill before the
Senate provided for " the protection OF
officers and other persons acting under the
authority Of the United States" 1t was
enacted that II a suit be made or pending
in any United States Court, against any
officer of the United States or other person,
for or on account Of any act done under
any law of the United States, or under
color thereof, the sui. should be transferred
from a State to a United States Court.
Mr.. Toucey, the author Of the bill, said
he thought it was presented in such a
form L" that no one who acknowledged
that the Government has judicial power,
and that it is It's duty to protect those act.
ing under ito laws" could make any
valid objection to Il. The exact object Of
this bill was to make imperative the per-
sonal liberty bills then passed IN some OF
the Northern States, and to make the
Fugitive Slave Law more effective; and
yet il dealt, 1t must be confessed, with the
State Courts In q less summary manner
than the Civil Rights Bill deals with State
officers who may violate It's provisions.
However. Mr.. Chase opposed it at once.
and we shall show upon what grounds.
TAppendfx to Cong. Globe, Vol. XXI,
"a Sess., 4Sd conga page gill:
"Mr. Chase-This bill authorizes the
removal from State Courts to Federal
Courts of suits Of every description, civil
or criminal, whether prosecuted by Statet
o. individuals, against any person for any
&C, done under. or under color, Of a law
of the United States As
suredly, sir, the Constitution contempla-
ted no such subsection OF States and citi-
Gems to Federal authority, as this. Sir,
this is q bill for the overthrow OF States
Riobts. Il lisa bill to establish q great