Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1866-04-18

of the States and making strides toward
Isit Congress, by the passing
of this bill or the President who without
law is arrogating to himself far greater
powers than any conferred by this bill ?
Let it not be said that the President exer
cises 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 by the
Constitution in the President either as Presi-
dent or Commander-in-C Chief of the Army.
The instrument gives Congress power to
make all laws necessary and proper for car
rying into execution all powers vested by
the Constitution in the Government OF the
United States, or in any department or ofh-
Ger thereof The President is required In
carrying out his powers to act In obedience
to law, the very thing which he refuses to
do He says the tendency of this bill must
be to resuscitate the spirit of the Rebellion.
What assumption in one who desires the
authority to punish those who violate u
nited States laws under color of State au-
thority, doctrine from which the Rebel
lion sprung, and in entire harmony with the
declaration of Mr.. Buchanan that there was
no power to coeree State. But, Sir, from
out the mouth of Senator Andrew johnson
[ will prove that President Andrew John
tion, if not the letter, in vetoiDg this bill.
1t will be remembered that the bill passed
both Houses of Congress by more than
two-thirds majority, the vote in the Senate
being, Yeas SO to Nays ~; in the House,
Yeas Ill, Nays 3S. will read from the
remarks of Senator Andrew johnson on the
veto of the Homestead bill by MIR. Buchan-
an: 1.-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 Constitution, that
this ismeasure shall not become law. Why do
say this? [ ask, is there any difference in
the spirit of the Constitution, whether a
measure is sanctioned by two-thirds vote
before its passage or afterward2 z When
measure has been vetoed by the President,
the Constitution requires that it shall be re-
in order to become a law But here, in the
teeth of the Executive, there was 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 measure is
Constitutional, and right In the other
house, rejecting the popular sentiment of
the nation the vote was ll2 to 5l-ten
more than the two-thirds majority, which
the Constitution requires and when there
is 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 Ian
guage to the facts connected with this bill,
and then say who has violated the spirit of
the Constitution. This bill in no manner in
terferes with the municipal regulations of any
State which protects all alike in their rights
of onrfIH "a
operation in Massachusetts,, New York,
Illinois, or most of the States of the Union
How preposterous, then, to charge that,
unless some State can have and exercise
the right to punish somebody, or to deny
somebody civil right on account of his
color, that its rights, as State, will be de-
stroyed 1t is manifest that, unless this
bill can be passed, nothing can be done to
protect the freedmen in their liberty and
their rights. a7
Whatever may have been the opinion of
the President at one time as to good faith,
requiring the security of the freedmen in
their liberty and their property, it is now
manifest from the character of his obiec-
tions to this bill. that he will approve no
measure that will accomplish the object.
That the second clause of the Constitution
al Amendment gives this power there can
be no question. Some have concluded that
1t gives the power even to confer the right
of suffrage. [ have not thought so because
L have never thought suffrage any more ne
cessary to the liberty of freedman than
of a non-voting white, whether child or fe-
male. But his liberty under the Constitu-
tion he is entitled to, and whatever is ne
cessary to secure it to him he is entitled to
have; be it the ballot or the bayonet. If
the bill now before US, and which goes no
further than to secure civil rights to the
freedmen, cannot be passed, then the Con-
stitutional Amendment declaring freedom
to all inhabitants of the land is cheat and
delusion. [ cannot better conclude what
| have to say than in the language of Mr..
johnson on the occasion of the veto of the
Homestead bill, when after stating that the
fact that the President was Inconsistent
and had changed his opinion with reference
to great measure and great principle, is
no reason why Senator or Representative
who had acted understandingly should
change his opinion, he said: II hope the
Senate and House of Representative who
have sanctioned this bill by more than a
two-thirds majority will, according to the
Constitution, exercise their privilege and
power and let the bill become law of the
land according to the high behest of the A
10 -