The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1866-04-20


any magistrate or civil officer from at
tempting to execute; also. through Cen
eral Canbv, ordered the State Courts in
his Department TO suspend all suits against
persons charged with oifenScS for which
white persons were not punished And
we all know the penalty which would
have been visited upon State ,Iud geS or oili-
GERS for violations oi any of these orders.
\ President who. after veioing Il provision
of the Freedmen Bureau bill because ii
secured the occupation OF lands under
Major Gen. Sherman order for the limit
ed period OF three wears. himself issued ali
order within less than thirty days after
ward, through III. W. Smith, Assistant
Adit. General, directing that grant, of
land to the freed people. in compliance
with General Sherman'S special field order
No. 10. dated January III. 1865, will be
regarded as good and valid Well may
we exclaim, in view OF these acts of the
President. in lis own language, when dis
cuS<ng veto of President buchanan:
':Oh. consistency thou art Il Jewel much
to he admired. but seldom 10 be found"
In view of these facts. who Is it that is
breaking down the barriers rt the States
and making strides toward Capitalization
Is it Congress bv the passage Of lhi> bill.
or the President. who. without law is ar
rogating to himself fur greater powers than
any conferred by this bill +! Let it not be
said that the President exercises these vast
powers by virtue of the war power. He
told Us IN his annual message that the war
was over: and whether over or not no
incidental powers are vested bv the Con-
>titution IN the PreSidcnt-citlcr ~ Pres
llpnt or Commamdcr-in-Ch Chiei OF the army
That instrument @ivc> Congress power TO
make all laws Necessary and proper for
carving into execution all powers vested
/ bv til" Constitution III the government of
the United States. or in any department
or office thereof The President * rv-
quirrd. in carrying out his powers. 10 act
III obedience 10 iaw-lhc very thing which
he refuses 10 ,lo.
He SAYS the tendency of this bill must
be 10 rr>u>citatc III" spirit OF the rebellion
What assumption in one who denies the
authority Ia punish iho>r who violate
'ni;cd States laws under color of State
authority, 4 doctrine from which the re-
hcllion sprung. and in entire harmony
with the declaration OF Mr Buchanan.
that there Wa no power 10 cocrce 4 State
But. sir ont of the mouth OF Senator An
drew Johnson | will prove that President
Andrew Johnson has violated the spirit OF
the Constitution. ii not liz l.t;.,'. =. ,--.'.
i.,- ,nI> niIl- Ii viii b. remembered the
hiil passed both Houses of Congress by
more ihan two-thirl> mliori,v-thc vote
in the Scnntt heinz ayc> ;ii::i. Irtv> l. and
in the House. yeas Ill. mas -, Will
read from the remarks "t Senator tmlirw
Johnson on the veto OF the Homestead bill
5v Mr. Buchanan: The President "i
iiir nitrd States prr>Ime>-yc>. sir |
>iv prc>um'>-tn dictate 10 the American
people and 10 the two Houses of Congress
in violation OF the spirit. ii not the letter.
oi' the Constitution. that this measure
shall not hccomc :, l;.w. Why do >ay
this | ask. Is there anv difference III the
spirit oi' the Constitution whether mcl--
urc Is sanctioned hv two-thirlS vote b,-
fore its passage or aiIcrwarl! When q
measure his been vetoed bv the Presidents
the Constitution requires that it shall ht
recon>ii'r5d and passed by a twc-third.
vote in order to become law. But here.
III the teeth OF the Executive. there wis a
. two-thir'l> Vote i'll favor "i this bill. The
vote was ::;6 10 in This body. The i've
Houses have said this measure Is con>titu-
lion;,lv ri@ili. lin the other Iiuu>c-rc-
iIccling the popular sentiment of the nation
the vote WIS l. to 5l-tcn more than
the two-ihirl> majority which the Con>ii-
| tuition requires: and when there Is Il two
, thirds vote Tor Il measure. | say ii i,
, against tn" spirit of the Constitution iol
| the Executive 10 say NO. You shall moi
have this measure; will take all In,
| chance OF vetoing il" Apply this Ian
guamc to the facts connected with this bill
. and then slv who violated the spiri. of tn,
. Constitution.
= This bill in 10 manner m:crtcrrS Will
, the municipal regulations OF any State
/ which protects all in their rights Of person
and property. 1t could have no operation
\ in Massachusetts. New York, lliinni.-
= most of he States of the Union. How
| prcroStcro,s. then. TO charge that unlc<
a some State can have ana exercise tin
e right to punish somebody. or to dem
: Somtbol " \ civil right, on account oi' In
: color, that Its ri ght> is state will be de
| Strovcd. Il * manifest that unlv>> thi
e hill can he passed nothing can be done t,
:. protect the freedmen iii their lil2rtv AM
{ their rights, whatever NAV have been tn
Is opinion oi the President at one time IL f
y good faith requiring the security of tn
freedmen in their liberty and their prop
i ertv." 1t Is now manifest from the char
/ actcr OF his objections to this bill that Ii
Y viii approve no measure that will accom-
1t pli-h the object that the second clause {
:. the constitutional amendment gives q
II this power there can he no question
ID Some have contended that it gives til
Of power even 10 confer the right oi' sutira@,
Is have never thought suffrage any mor
1t necessary TO the liberty OF a freedman tia
= of an nou-vo;ing white, whether child {
N female, but his liberty under the Consti!t
Is ton he * entitled to. and whatever
4, necessary 10 SccIIr. ii TO him ne / ,uiitIa