The Potter journal. [volume] (Coudersport, Pa.) 1857-1872, 1866-04-17

in his assertion of the right of every man
to life liberty and the pursuit ofhappiness.
This was his language "But while have
no doubt that now after the close of the
war, it is not competent for the general
Government to extend the elective fran
chise iu the several states, 1t Is equally
clear that good faith requires the security
of the freedmen in their liberty and their
property"
Feeling the Importance of harmonious
action between the different departments
of the government, and an anxious desire
to sustain the President for whom | had
always entertained the highest respect, |
had freqnent interviews with him during
the early part of the session. Without
mentioning anything said by him, may
with perfect propriety say that acting
from considerations which / have stated,
and believing that the passage of law
by Congress. securing equality in civil
rights when denied by state authorities
to freedmen and all other inhabitants of
the United States, would do much to re-
lieve anxiety in the North, to induce the
southern states to secure these rights by
their own action, and thereby to remove
many OF the obstacles to an early recon
struction, | prepared the bill substantially
as it now returns with the President OBJ
jections After the bill was introduced
and printed. a copy was furnished him,
and at a subsequent period, when it was
reported that be was hesitating about
signing the Freedmen's Bureau bill he
was informed of the condition Of the Civil
Rights bill then pending in the house and
a hope was expressed that if he had any
objections to any of its provisions, he
would make them known to its friends,
that they might be remedied if not de-
structive to the measure that there was
believed to be no disposition on the part
of Congress, and certainly none on my
part to have bills presented to him which
be could not approve. He never indicated
to me, nor so far as know, to any of its
friends, the least objection to any of the
provisions of the bill till after its passage.
After reciting various acts of the Pres
ldent in the Southern States, Mr.. Trum-
bull said:
Is it Congress, by the passing of this
bill, or the President, who without laws
is arrogating to himself far greater pow
crs by virtue of his war power. He told
US in his annual message that the war
was over, and whether over or not, no in.
cidental powers are vested by the Consti-
tuition in the President either as President
or commander-in- chief of the army. The
instrument gives Congress power to make
all laws necessary and proper for carrying
into execution all powers vested by the
Constitution in the government Of the
United States, or in any department or
officer thereof. The President Is required
in carrying out bis powers 10 act in ODE
dieuce to law, the very thiDg which he
refuses to 10.
Finally, Mr.. TrunbulI said /;
But, sir, from out of the mouth of
Senator Andrew JohDson | will prove
that President Andrew Johnson has
violated the spirit OF the Constitution, II
not the letter, in vetoing the bill. 1t |
will be remembered that the bill passed
both Houses of Congress by more than
two thirds majority, the Vote in the Sen
ate being, yeas SO to nays II; in the
House, yeas Ill, nays SO. [ will read
from the remarks of Senator Andrew
Johnson on the veto of the Homestead
bill by Mr.. Buchanan;
"The President of the United States
presumes-yes, sir, | say, presumes-to
dictate to the American people and to the
two Houses of Congress, in violation of
the spirit, if not the letter, of the Consti-
tuition, that this measure shall not become
law. Why do | say this! l ask, is
there any difference in the spirit of the
Constitution, whether a measure is sane
toned by two-thlrds vote before Its
passage or afterward? When a measure
has been vetoed by the President, the
Constitution requires that it shall be re-
considered and passed by two thirds vote
In order to become law. But here, in
the teeth of the Executive, there was a
two thirds vote in favor of this bill. The
vote was thirty-six to two, in this body.
The two houses have said that this meas,
ure is constitutional and right. In the
other House, rejecting The popular senti.
ment of the nation, the vote was ll2 to
51-ten more than the two.thirds majority
which the Constitution requires; and
when there is a two-thirds vote for
measure, say it is against the spirit of
the Constitution for the Executive to say,
-"No, you shall not have this measure;
will take all the chances of restoring it."
Apply the language TO the facts con-
nected with this bill, and then say who
L IL 4 Ill Gor,..A