New-York tribune., 1866-04-23

went into tho Rebellion The Presidents policy had done
more 10 make treason respected and traitors heroes than
the establishment of an Independent Confederate % Govern
red out would not only put the eleven keDe states IN
the hands of the Rebels bnt the time would not be long
before Rebels would have complete control Of the oyern
Rebel from jeff Davis down to every substern includ-
ing bushwhackers, ayhawkers and gnerrlilss, was an
earnest and devoted admire of the Presidents ponoy III
Just the policy for them because II was the only one
they could five by, and the one which they proiessed
Though their papers to be ready to die BY He desired
TO constitutional amendment adopted prohibiting
Congress from IepudatDg any part OF the federa deot
and from assuming or paying any part OF the
debt for although there fear OF such hlng ior
the present the next Congress there knowing
what ht be done il the Rebel States were admitted 10
representation in Congress.
Mr.. SMITH the next to address the House. He
proposed he said to discuss the present condition OF the
States and Of the country, and the propositions OF the
President and Of Congress Ho held that the Secession
ordinances were null and void and that all the acts passed
By Congress during the four years of war based upon
| the ground that these Rebel States were not out
Of the Union and could not get out Of the
Union. Ii did follow because the Rebel States were
admitted TO the right of representation in Congress dis
loyal Representatives should be allowed to take seats in
either House. That had been asked by the Prcsl
dent or by any other loyal man. What could Congress
DO contrary TO what had been DONE The policy in.
auguraed by the late President Lincoln had been carried
out by President johnson, and under the southern
! States had formed their organizations. How was that
policy to be changed, or what change was there to be
| made in IL !
Mr. ScHorrEID asked if II made any difference whether
| man who had been engaged in fhe Rebellion ad
mitted Representative, or man who had not been
engaged in the Rebellion, but who would vote exactly as
| tho ex- Rebel woud votei
Mr. SMITH replied that he did not see how that difficulty
could be avoided There was nothing in tho Const-
tuition or laws by which II could be done. II did not fol-
og that bis district the district OF his very radi-
cal friend Mckee, would hereafter send representative
of their stamp Because the State OF Illinois sent TO this
House man who was feet eleven inches high, did
it follow that the district would hereafter send man
Of the same stature or OF the same strong political views
Laughter What legislation could regulate this thing
Mr. boutwell, asked whether the gentleman did not see
difference between canvassing the political opinions of
elected from the loyal States on questions concerning
the administration Of the Government and recognizing
the right OF people who at present not represented
to be represented until some Affirmative action is taken on
the part of the Government II it found by the testi
mony Of Alexander H. stephens and others, that in
Of these Rebel States nnecnths Of the people denied the
right of the Government to exist were theyto be allowed
Congress and assert the power OF representation
for the overthrow Of the Government
MI S,nIu admitted the difference in the PROPOSE
tons but he did why States in which the condi
tons did not exist should not be admitted to representa-
ton.
Mr. boutwell, asked whether the gentleman from Ken
iucky would oonfne the elective franchise IN Mississippi
for example to loyal white men, excluding dso!a wne
Mr. SMITH replied that he would
Mr.. boutwell, then asked whether the gentleman ex.
peced that the nneenhs Of disoyal people would permit
The other enth set up aud continue government iIon
which they would be excluded.
Mr. SMITH referred, in reply, TO tho position which bad
I
advocated by the Speaker Of the House that the loyal men
Of each State TO be recognized az constituting the
MI BorrwgrL did not ask what the Speaker had said,
but he asked practical question whether the loyal one
tenth Of State would be allowed to govern the dsoyal
Mr. SMITH replied ths, il was for Congress solve that
problem. Way 10 fongIcss Tx it. and let fh" ySi
Mr. r spAIL PENN asked Mr.. Boutwell, whether the
rght. The loyal one,enh Of State were 20 bcmpaired
soyAl nine-tentl end whether ths, loyr tcntal
bci.s taxed, was not entitled 20 repre- tsenfatJp
Mr BouTwnL replied that the light OF representation,
whether in the senate in the House, right appcr-
tanning to the States as States and that = could be exeI
csed by the people only through an existing and eeogni-
zed State Organization. The State organizations IN these
eleven States which had once existed in harmony with the
organization OF the National Government had by some
event or Of events ceased 10 exist matter OF fact
because they represented in Congress- That was
the evidence that they had ceased to exist. When or
Why or how, IL not important to inquire. Now be-
fore the right of representation could be again exercised
In any Of those States there must be previous recognition
Of such right In the inquiry as TO the night Of State TO
be represented Its Constitution must be looked into and
II must be ascerancd whether there IS such an existing
loyal State would reasonably justify the expectation
that the from that State would be loyal
There night In the one-,enth OF the people or
State though loyal 10 be represented in Congress IL
was the night OF the people OF the whole State when they
demonstrated whole their loyalty TO the Government
to bc represented as the people Of State
Mr.. RANDALL, Of Pennsylvania, remarked that mat
doctrine overturned the doctrines Of Mr. Lincoln from
beginning to end.
Mr. s,urR having resumed tho Aoor dred to the ques-
on OF conflict between tho President and Congress. He
asked why IL the President had no power TO do what he
had done Congress had not nndone ~ ana done some
thing that would be better. What was Congress going to
do its paoei Stable governments must exist and there
be the sort Of machinery to carry them on
But is said the Southern States must epudate the rebel
debit that had been done. II is said that they must
ratify tho Constitutional Amendment abolshng slavery;
that had been done also Then was said that they
elect loyal men 10 Congress. How did Congress know
that had rot been done in every instancei who had
tried that question:! The Committee Oh Elections, which
was the proper authority that subject had said nothing
upon H. In excluding those States from representation
Congress was doing wrong, which would result IN in
Jury 10 the Government
Drifting into the question Of the trial Of Jefferson
Davis Mr. Smith said that the President had relieved
from pardon 500 of the leading spirits Of the rebellion,
and be asked why Congress had not by bill or resolution
called for their tal aud execution IL was because Con-
gress wanted TO dodge the question.
Mr. ScHoFLLD asked why Mr.. Smith had not introduced
such q measure.
Mr.. SMITH said he would do so II those VINO were so
fond OF blood did not
Mr. scHoFIELD asked why he had not done il some time
during the last five months.
Mr. SMITH replied that II was because he had been wait
ing for some Of those who talked much about blood to
come forward and show their bloodhirstiness .
Mr.. ScHoFIELD remarked that the gentleman himself
| talked more about blood than any one else.
Mr. SMITH went say that$he Radicals in Congress
and the Radical organs daily denouncing tho Presi
dent because be did not do something IN reference TO the
punishment of Rebel traitors although ii belonged
Congress itself TO Do II.
that Congress had the power to pass laws by which those
could bc tried and condemned or whether they must
not be tried under the laws existing at the time the crime
| was committed.
Mr. SMITH replied that matter of course they must
bc tried under the laws existing at the time the crime
committed but Congress could fix the means by which they
| could be brought TO justice.
Mr ELDRIDGE inquired further whether they must not
| be tried in the districts prescribed by law.
Mr. SMITH agreed Z. .s ,a s13 said the districts were gs
numerous as the bo tried They could be tried in
Virginia aud in all the Southern States because the Courts
were reGstablishcd
Mr. BRooMALL asked what additional law was necessary,
and what power Congress had 10 pass law for the a Of