The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-04-06

money and gold watch. Joel Beery, Cooper's accom-
plce in the affair is serving out life Of imprisonment
at hard labor in the Ohio penitentiary. q
The robe General Bradley T. johnson was yesterday
released from his bail bond Of twenty thousand dollars
by order Of President johnson, agreeably request
made to that effect by Lieutenant General Grant
A schooner which arrived at Mobile yesterday from
Pensacola reports the total destruction by fire OF the
United States steamer Convoy. One person killed
and several injured.
Two persons were killed and eight seriously injured by
the explosion Of two boilers in iron works at Pcme
roy Ohio yesterday.
Eight stores in King street. Charleston and six dwell
Ing houses ct sedamsville Ohio destroyed by fire
yesterday. The loss at the latter amounted to thirty
thousand dollars Fifty thousand dollars worth OF pro-
perty was burned at Mobile on Wednesday.
senator Trumbun ON the Civil Rights
Billie Falls Short Of the Real Issue.
Mr.. Trumbull, chairman of the Judiciary
Committee Of the Senate, and the Trainer Of the
Freedmen's Bureau Extension and Civil Rights
bills, has put in his vindication of the latter
measure in opposition to the Presidents veto.
Whether he will be more fortunate in the test
vote of the Senate in this case than upon the
Freedmen's bill remains to be seen; but from
present appearances the President will be again
sustained.
Mr. Trumbulps argument in support Of the
bill is that Of a skilful lawyer who knows how
to present in bold relief the strong points on
his own side and the weak points of his adver-
sary. He contends that all persons born IN the
United States, notsubject to any foreign Power,
and excluding Indians not taxed, are consttu-
tiOuo1iv cif1opc IF Tho T1n;tod Ctoto,. tL;s
was the opinion Of Mr. Lincoln's administra-
ton; that the Secretary of State, in his pass
ports to black men as citizens, has adopted it;
that Mr.. Marcy, Secretary of State under poor
Pierce's administration, held the same opinion
in reference to free blacks, and that President
Johnson himself does not come into conflict
with this construction. He only holds that,
while the bill does not purport to grant any
other rights than. those of federal citizenship it
still makes invidious determinations against
certain classes of persons and invades the re-
served rights of the States in regard to State
citizenship, and the powers of the State Legis-
latures and judicial authorities over that SUBJ
ject.
Against these objections of the veto message
Mr. Trumbull says that they are perversions;
that the bill is for the relief of persons who
need relief, not for the relief Of those who have
right already; that the Objectionable ma
chinery of the bill was copied from the old
Fugitive Slave law, always held to be constitu-
tional, and now used in the interest of free
dom as it originally was in the interest Of
slavery that the measure does not interfere
with the reserved constitutional rights of the
States in any way, and that, unless this bill
can be passed, nothing can be dono to protect
the freedmen in their liberty and their rights.
These are among the leading points of Mr..
Trumbull's lawyer-lke, compact, yet minute
and elaborate review of the Presidents objcc-.
tons to this Civil Rights bill
But giving the learned Senator the full bene-
1T Of his legal authorities and conclusions, and
the full value Of Senator Andrew Johnson's
argument against President Buchanan's veto
objections against the Homestead bill, as "the
ud captand,m Of the mere politician or dema-
| gogue," and as veto involving violation Of
the spirit of the constitution in being inter-
posed against two-thirds majority of each
house, we must remember that the opinions of
publiG-pcn nrc shaped by the positions in
which they are placed, by the duties devolving
upon them, and by the circumstances and pub
lie cxigencies by which they are surrounded
Thus the views Of Andrew Johnson az o
Senator, devoted to a particular BILL and bis
views as President touching the veto power,
devoted to particular policy, may be widely
| different; but still in each case they may be
perfectly consistent with his convictions of
public duty. That they are in the case of
| Andrew Johnson we have no doubt We
| ap prehcnd, too, that in oil the learned speci-
iications, authorities, precedents and argu-
mcnts Of Senator Trumbull he does not reach
the real difficulty in the case. We apprehend
that the real trouble is this: that this Civil
Rights bill, in proposing to enforce by the
| executive, judicial and military powers OF the
| United States the rights of the blacks in all the
States as citizens, opens the way to the
| placing Of whites and blacks in this country
not only on a basis of political but Of social
| equality, and the consequent deterioration
| of this people to the condition of General
SCOTS undesirable mongrels Of Mexico Presi-
dent johnson, in fact, holds fast TO the idea
that this is ''the white mans government" and
that, in order TO keep the dominant race una
dulterated, vigorous and effective, the colored
races must be held in subordinate position,
politically; for that otherwise the next step
must be an ndiscriminate social admixture
and general decay as in Mexico and the South
! American States
This Il The ;ssd, Which is now bsssccre the
Senate, and shich, however settled In that
body, will assurcdly be settled before the
masses Of the American white people on the
side Of President Johnson. This is the real
issue, which Senator Trumbull has failed to
| meet