The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-06-09

Exc utive nparnent alonc The powers OF Congress
are not 70 vested IN tn Pre- dent that Le Tx and
onal upon conquered reoes and traitors
nor can lie In any way qualify cnemes OF the govern
restore rebels To political power In TIE federal
can he exercised only with the OF all tho
departments IN which political Io~or is vested, and
hence the several procamations OF tho President
70 the people u the Confederate States
oanno, be considered extend ng beyond the purposes
declared and can only BE- regarded provisional per-
mission by tho commander-inche f Of the army do
certain acts the validity whereof Ia 10 he determined BY
the constitutional government, and not solely by tho
SatA-The question before Congress IT, then, whether
conquered enemies have the right and shall bo per-
mitted at their own pleasure and their own
terms to participate in making laws for their
conquerors Whether conquered rebels may change
their theatre Of operations from the battlefield,
where they were defeated, aud overthrown,
to tho halls OF Congress- and through this
troy Whether the national treasury tho army Of tho
nation its navy Its forts and arsenals whole civil
administration, It's credit Its pensioners tho widows and
orphans Of those who persisted In the war; the publ
honor peace and safety shall all be 10 the
keeping OF 's recent enemies without delay and without
requiring such conditions In the opinion OF Congress,
the security of the country and its institutions may de-
mand.
Sepemth-Tne history Of mankind exhibits no example
s"rvation protests against it. The surrender by Grant
TO Lee and by Sherman to Johnston would have been
d asers Of less nitude; for armies could have
been raised, new battles fought, and the government
saved. The ant.coercive policy which, under the pre-
form and gather force would be surpassed In infamy
BY the matchess wckedncss that would now surrender
the balls OF Congress 70 those recently In rebellion,
until proper shall have been taken TO secure
tho national faith and the national safety.
EigtM-N has been shown in this report and In the
evidence submitted that proof has been afforded 20
Congress OF constituency IN any OF the socalied Con-
Tolerate States unless We except the State Of Tennessee
qualified to elect Senators and Representatives in Con-
gress No state constitution, amendment " State
const tuition, has had the sanction tho people, All the
called egsat on OF State conventions and
III
NAV at hts will and under his own authority, whether
military commander or chief executive, qualify persons
power others 10 appoint and elect them, ne thereby
practically controls tho anzaton of the Legislative
department The constitutional form OF government Is
thereby practically destroyed and Its powers absorbed
in the Executive; and while your Committee do
not for moment lmputc 10 the President any such dc.
sign, but cheeruy concede to HIM the most patriotic
motives they cannot bnt look with alarm upon preoe
dent 80 fraught with dang r TO the republic.
hinh-Tho necessity OF providing adequate safe.
guards for the future before restoring the nsurectonay
states Ia partic patton in the direction OF public affairs,
az apparent from the bitter hostility 10 the government
and people of tho United States yet existing throughout
the conquered territory Ia made ncon.eRbe by the tes
tmony Of manp Witnesses and by undisputed facts.
Tenh-Tho conclus on of your committee therefore.
is that the socaed Confederate States present
entitled 10 representation In tho Congress or the United
states; that before allowing such representation ade
quate security for future peace and safety should be
CURED that tins only be found In such changes OF the
organic law AZ shall term ne the civil rights and privi
lcpcs OF the citizens Tin all parts OF this republic shall
place representation on an equitable basis, shall TX
Stigma upon treason, ana project inc loyal people
against future claims for the expenses Incurred In cup
port Of the rebellion and for manunted slaves together
with express grant OF power In Congress to enforce
these provisions To this end they offer oint resolu
ton for amending tho constitution OF the United States
and the two several bills designated TO carry the
into effect before referred TO-
Before closing this report your committee beg Leave TO
state that tho specific recommendations submitted by
tn m arc the result OF conc esslon after long and care
full com par.son OF conflicting opnions Upon a question
Of such magnitude infinitely important II is to the
future OF the republic II not To be expected that all
ali he af tEa
scheme yor committee submit II 10 Congress tho best
they could upon In the hope that liz mperfectons
may BIO excused and ts delciencs supplied by legsa-
tive wisdom, and that when finally adopted may tend
TO restore peace and harmony 10 tho country and 10
place our republican institutions more stable foun-
dalton.
w. T. FESSENDEN, 1nADDEUs STEVENS,
JAMES W. GRIMES, JUSTIN s. MORRILL,,
IRA HARRIS, JOHN A. BINGHAM,
j. NJ HOWARD ROSCOE CONKIING.
GEO. u. WILLIAMS, GEORGE y. BOUTWELL,.
The dssentlents Senator Reycrdy johnson and
Representatives, Henry Grider and Andrew J. RoRers