The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-03-02

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The bill was passed. and when signed by the President
THE mpsrNrs sxcLussox or SOUTHERN xxxsxsl
At one O'Clock the regular order which the House
concurrent resolution that Senator Representative
from any state stey In rebellion shall be admitted 70
either house until Congress shall have declared such
Mr. s-xw.Rr, rep Of Nevada, took the floor in con.
tnuaton Of his speech commenced yesterday He spok
change in tho basis OF representation He opposed the
pending amendment the constitution the subject or
representation and advoested change basing repesen
with an endorsement Of the President and his policy
At the conclusion Of Mr. Stewards remarks, Mr.
be sad, was what was the condition Of the states IN
which the rebellion lately provaIledS He supposed that
all would agree that tho rebellion or insurrecton or
his friend Mr.. Fessenden would have IT, 'qhe war as
contradsngushed from the rebellion or instruction.
bad ceased There 10 no hostile force 70 be found any
one OF the States 10 which the rebellion or nsurrccon
Or civil existed There is opposition the au.
thority Of the government In these States The para
coded everywhere, and willingness TO abide BY thai
authority s manifest everywhere, 30 far my nforma
ais or classes OF ndivduss 70 be found in those States
There does not exist now In any Of them any pur
pose or wish 10 resist the authority Of the general govern
ment on tho contrary so far from wishing resist that
authority their ardent desire 70 have It exercised over
them and 70 be protected by all the security which the
constitution throws around the individuals or the State
In the exercise Of that authority the fact be stated
and repeat that know OF evidence In contradiction
OF IT, then 1t would that any department should
DO unwilling Will, extending TO them the authority Of
the government TO enforce against them the allegiance
due by them to the government to egsaie in relation
to them by virtue OF that authority and legislae in
every form which Congress has right ~
adopt taxing them under tho taxing power both by the
and by the imposition OF under the Internal Reve-
nue. law that You should be unwilling TO give them tho
Same security the same guarantee that the constitution
secures To you and to all Of aud TO respective
States in the execution Of the authority
and our States With these preliminary remarks,
said Mr.: johnson, deem II necessary, for the
purpose have In view, briefly call tho attention
OF the Senate to the character OF the under
which live. Ny friend from MaIne Mr. Fessenden,
and to greater extent in that particular the
Massachusetts,, Mr. Sumner and q greater extent
In that particular the honorable Senator from Nevada
Mr. Nye, have discussed the question which about
TO examine II living under one government
owning but one allegiance and government not only
paramount within It's prescribed limits but paramount
everywhere without limitation, capable OF doing every
where what any national government do within lis
determined to resist what they considered the lyrnnnc
usurpa0n OF England aud declared themselves aud
independent and succeeded In achieving that ndepen
dence each for itsesel because absolutely nation
~ possible for any nation 10 become they professed
to have no SUPERIOR they claimed perfect and absolute
nationality separate and distinct peoples competent
do In peace or in what any people, under any form
OF government Ia competent TO do In that eondi lon
general yhey adopssd for sha the
articles Of confederation Not only did they not dev0ye
upon that government no powers inconsistent with their
Ahsolute svereigny bat they carefully guarded against
that all tho sxprsssy granted 70 the govern.
70 be considered remaining In The several siaes And
they did moro Tho form OF government II governIen
e0s s.a - .s = az
compact which amounted TO league, and al the
pcxcrs TO be excrtod nG upon individual citizens my
whore but upon individuals through IN, State govern
ents; aud the vice OF that government that II
incapable OF performing many OF the functions for
day becomiug convinced Of thse facs recommended 10
the American people the crasttutaon under which
t " no s Us sssoo onS % ~ own
but N tho diroct responsibility Of each individual
citisen 70 the government within the limits q the
pass by the States altogether II not only
not designed TO impair them In any manner "a.
delegated Il did not impair the sovereignty of the
States NJ AL On tho contrary In order 10 place the con-
sinssd sss'sncs Of shs, sovereignty beyond I'll doab
that there eouid be found In clause Of tbs oonsu
ton feature EAfh in iussrc might b construed . I'm
after sdopted declared In the constIlugon that all
the pcwes no. conferred were reserved 10 the States for
Massachusetts, INF sumner, rees giving Congress
power leeisate she Freedom Of the late slaves
limited such laws ouly may be necessary and proper
Ia mt and INN IL
ment created by that constitution national govern
Not II the men OF the day when II adopted knew
federal It's ADOPTION the very act of is Adoption lhS
very measures provided for It's adoption demonstrated
that 10 he Judgment Of the men Of that day w not
q national government. II Was submitted 10 the people
OF the several States for rejection approval the peo
pie OF the United s,ates acting the people Of the
several states respectively The concurrence Of the
people Of a number OF the states was necessary
according 70 the provisions OF the CONSTITUTION 10 give Il
actoa being In adopting tn eons tuition OF The United
states the people Judged and acted separately II
not adopted by majority OF the people Of the Unrd
States. II might have boon adopted by the required
number OF States and yet not have the approval Of
majority o. tho 'oplo Of the United states. Mr..
johnson here quoted from the thirty paper Of the
70 show that Madisons opinion that the constitution
was not strictly federal strictly national In It's
foundation u IL federal, not national In the
from which tho ordinary powers OF the government are
derived IL u partly national and partly federal In tho
operation OF these powers national federal In
the extent of them sgnin federal and not national
And lnalIy In authority vested in lts amendment Il
Is neither wholly federal wholly national 10 Ia oh
vous nom these considerations machinery OF
this government that without which II continue
At ali-s nearly all vested In the states. This body
no, exist without that machinery There ba no Con-
gress without the concurrence OF tho States. Tue
etltutIon itself recognizes this fact by providing that
Senators shall be chosen by the States through the Legs
atures And provision made for any other mode
der any possible state Of circumstances by which that
be changed The States therefore absolutely necessary
10 the very existence Of he eoverpmsnt You can ..
more with the government without the States than
You would be able 70 administer The without
people, Therefore, whoever seeks blot out the exist
% state of the Union strikes blow al the very
life Of the government II may live although one be
stricken out Of existence II may live although eleven
be stricken out But the blow al the government, al
though not absolutely fatal according 10 the hypothesis
OF fact which have supposed Is the loss fatal
blow. II the men by whom that constitution framed
had been asked wheiher thus contemplated A. possible
contingency any of the exsrg States should their
existence they would hare ad because tho coninu NJ
wholesome existence OF The government depends uron