The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1866-02-15

1
never supposed that the paralysis OF limb,
the imposition of external force upon any
one of the faculties organs OF man, or
| of political community would necessarily
result in death The proposition which
made was proposition which | drew from
the message of the President of the United
States, that the functions of these states
we're suspended-not one Of them, but all
of them And that was true they were
There was not single function Of state
in action; there was not volition there,
there was not even the desire to b. a state
Everything which goes to make up the
identity Of a state was gone except that
there were people and land there; but every
power that they exerted every authority
they claimed, was in direct defiance of the
constitution of the United States.
lFJMr President, it seems ~ me that among
lawyers this question OF power ought not to
be controverted point. 1t seems to me
that by one little simple consideration it
ought TO be placed beyond dispute Let
US test it. We will admit-every body says
that every department of this government
ntthe United States. the Congress the Pres
Iident tile courts and every q department of
ttIt. government of the States, is limited and
crcuuscribed by supreme law What do
We mean by that We mean that when
ever any one of these agencies any one Of
these tribunals exerts power which is out
side the limits prescribed to it by the con-
lstitution, that act is null and void Who
ever does it gets no. protection doing it
There is some other. department Of govern
ment which can administer the proper cor
rectiou. A state, the constitution says
cannot make anything but gold aud silver
i tender in the payment Of debts; but sup
pose the legislature of the state declares
bank bills to be legal tender; that act is
uuli and void and the judicial power of the
United States can declare it so and can
correct the operation of the act The Pres
Ident of the United States is given the par
doulDg power, the power to pardon crini-
nails. Suppose Congress undert kes to par
don "A man who is convicted Of murder, or
| Of treason. or of CONTRIBUTING after he is
sentenced by the courts or before he is sen
fenced; would the act of Congress granting
mat pardon he a good plea in bar; or if en-
acted after the man had been convicted
| would 1t prevent tie President Of the Uni
ted States from executing that sentence
upon the criminal Clearly not. The
powers given 10 him. suppose he exercises
powers which are given to some other de
Ipartmeut OF t he government; suppose he
| uudeI takes To enact Il law ut any kind, is
tny other department of the government
bound to respect that DIS a law Clearly
not ; because ho has no Legislative powers
The authority conferred upon state by the
Constitution is limited is circumscribed =
Whenever they act within those limits
their acts are to b3 respected they are just
as much the law of the land to be respected
by all the United States rs any law passed
by the Congress Of the United States within
the purview Of the Constitution Of the Uni
ted States; but when they step outside of it,
whatever they do is void Suppose this
Congress does organize q provisional gov
erDmenG for South Carolina. If it is not
government then the Legislature that we
set up have no right TO enact any laws; the
Governor whom we appoint has no right 70
execute those laws the judges can do moth
ing; they are tresspassers; everything that
is done under their authority is null and
void; II is d mere trespass; and the citizen
who is interfered with by their authority
may have bis action before the courts for
redress Anybody who undertakes to act
by the authority Of an Illegal tribunal is
without protection. Suppose we set up this
provisional government and then enact
law which is claimed to interfere with the
rights of some citizen there suppose he
brings an action In the courts averring that
the act was done without authority; what
will be the judgment OF the court in such
case ? Will they undertake to say that that
on
up there as a provisional government is not
a government That is precisely the case
that vas raised in Rhode Island There
was an act done house broken into and
entered by the command Of those who
clainet to be the government of this state
of Rhode island He brought his action
which was to try the legality Of that gov
eminent under which the act was done -
1t canie here to the Supreme Court of the
United States. They said That is DO
litical question: we cannot try it; the Con-
gress OF the United States are and must be
the judges OF what is the government of
state; they are charged with the duty of
sustaining and maintaining those govern
ments, and they must have the right to de-
eide what is and what is not the govern
mant." 1t, therefore the provisional gov
ernnr5lit which you organize for South Car
DINA or for Georgia is Illegal and unconsti
tution,d, you see there is no possible redress
for it; The courts say it is for Congress to
determine finally and concIusiveIy what
shall be the government for these people in
the South, as much as it is for the courts to
determine what is the law in particular
case as between citizen and citizen
But, MIR. President, [ wish to detain the
Senate tor few moments while | make
brief reference to the remarks submitted by
my colleague lie also concludes that the
authority; the exercise or which invoke
Oh the part of Congress to organize provi
slonal governments for. these conmuni tiles
does not exist. lis first reason is that it is
not IN harmony with that D an of reconstrnc-
ton which he calls the Lncou-Johnson
plan; and the second reason is that it is in
harmony with the plan of reconstruction
which he calls the Sumner plan [ regret
that MY colleague is not III his seat at the
present time there were some observa-
lions contained in his speech to which
thought | ought to reply considering them
as III personal character | thought il a
little remarkable and | will say 1t aIthouoh
lie is not In his seat-that when he was
speaking upon a resolution which had the
honor To submit to the Senate nyseit and
apparently IN reply to a speech made my.
self, AID while he occupied, | think between
three and four hours in the discussion of
that resolution, he did not but once IN that
whole time aliude to it without coupling
me with the Senator from Massachusetts,
Mi. Sumner Whenever he referred to
anything touching the resolution, or the DO
sitlon presented by the resolution, it was
the positions of the Senator from Massa
chusetts and my colleague, to use the Ian
guage which was employed in that speech.
1t did not seem 10 me that that was entirely
III good taste, aud ash he has now resumed
bis seat, | beg leave to say that l thought
could have demanded rather different treat
| LLInnt from Lis c1,,,rt.s.. -.