The New York herald., 1867-02-09

was framed because Of the confidence which Congress
resposed in the General of the army BIZ, he asked
Maas vas there IN the bill hnees .e rses aeIt q Ia
htaa States r. removlt We oA-.e "hg nlsnt
selected oy he General conn nding the erny ane q
poiut his place another On Ner wto might dtleat ~
very OH cts of hls blils
Mr sHEliARARsEh admitted TIA the rresidcn; could q
50; but he Gated ateltl0n ,e aei liial iohkfrs
agsa ana again had passed such syssiaou, and 70 ID
fact THAI the President wantony oused his power "a
would b. liable ~ ilnpeachmeni.
Mr. Horcnn {, Gep.l Of N. " com olaned that TIL
Congiess had taken no step IN advar &c IN relation =
the protection f the people the sout ern States no
had 10 oteyed the mandates OF the people ~ least AUG
Congress adjourned Without doing snov,a ,srr,sop
under military controi but he thought tn law sum
GENTLY covered that matter at present IL the the fresl
dent had nos, by his construction OF the law aeieas
ID
Mr.. Gmswo1s. trep o( N Y. said that as be hoult
feel constrained 70 vote against the bi he felt m
that action. He should regret because be would b
differing with those who no believed had At heart Il
thized with the objects aimed by the bin and sppre
ciAted the condition Of things q the South but Il
srsaisr dangers than wers Justified By the evils SOUGHT 10
10 corrected. This was . tremendous stride itsub-
jectsd ton millions OF the people who had besn
united in controlling its dsstinies 70 having all their
rights Of life. liberty and property placed under ex
tam He regarded that - terrible danger which nothing
could justify except state OF absolute and unqualified
war With al due defereDcc 70 the learned gentlemen
ot1s1cSSA I1t5ktoHf
practical Of the civilized World NOT bear out
the idea that the country to-day In . state
thai con Even tho Che. Gs 9usscs of hs
United States would not under this bill have tho
right to interfere except with the consent Of
leutenane OF the army. This ws1 progressing In the
wrong direction For moro than two years they had
been endeavorng to rovde civil governments for that
territory and they turned their backs on that pol.
icy aud stride proposed to place Tho ten millions
OF people n the south under exclusively military
government He preferred TO stand by the overtures
i'm fffuftn
menL
Mr.. RAYMOND, rep) OF N. Y. opposed the BILL He
admitted that there ecntment more deeply
rooted in the public mind this than that OF the
duty and the necessity Of extending fun ample and Just
protecton 10 those men in the South who bad stood by
the flag when II was In peril whatever their race or
color He feared that was all amcnaby true that there
existed necessity for interposton the part OF
the general government 10 10 the loyal people or
the south the protection which they had r;htsul
claim was ccarthat hfc liberty and property wore
safc throughout Southern States they were not
properly protected by the courts and tribunals Of those
States or by the civil authorities there Much Of that
was trsceabc directly 70 the prevalence OF temper in
the south not friendly 70 tae Of the United
States 1t was undoubtedly true that there was o
lingering Of tho rcbclous temper in. the South
and out OF that temper grew tho ssy for protection
which the House now called upon 10 consider Ad.
mitpg that necessity the next question how such
protection could be best Afforded II this bill were
proper for such emergency, did the bill pro-
vide the for protecting those classes tho South
most In harmony with the spirit Of institutions and
best calculated to attain the object sought and whether
II wise for Congress adopt nf The bill was q
simple abnegation OF all atemps protect people Of
the South by the ordinary exercise Of civil authority It
handed over all authority In those States tn officers Of
the army clothing them with complete absolute
srcted power to administer the affairs Of those states
their sovereign will aud pleasure What laws those
officers enforce Not the laws Of the Southern States
for those States discarded and their authority
nss ar Ss @ ,o TO- us q me
concerning which the inhabitants Of those States
needed protection There was no law Of tho
United States to punish larceny, felony, burglary
such Crimes to enforce to regulate the
relations Of individuals the community TO society
What laws then wero these officers 10 onforcef Simply
such laws as thew themselves might deem rrnrcr Il
enact In the States which their jurisdictou
made sovereign. iho third section Of the bill makes It
rights OF person and property 70 surpeess disorder In
surrection and violence, and 10 pupiA oanse be
ais according their Judgment The iaitsr words
were not In tins law but they were the necessary infer
each Of these military districts 70 be- The absolute soys.
reign arbter IN all disputes aud prescribe aw for tho
government Of the peopls All gentlemen would admit
that could possibly be enacted BY Congress- and
by any legislative body No legislative body could cot
individual with absolute power authority and con-
troll over millions q men, and 70 give him N army
asked Is i the House whether @ there was s:csssisy
for this measured Was the emergency % ab-
solute that Congress must enact such . Iaw'
barger) had insisted that, shs duty Of Congress
by the consttutioa 70 suspend the Of hAbsss
GOUG0m-
plated he did NOT think il Was ali thss this lsw con.
tsnpiaasd 4 extended much beyond that me gsn-
he rsSe = ssd .Sss sSs soS =
crpment should suspend the habcas corpus In cso OF
invasion os rsoslhon i was With great reuctaaos that
ssion. he might venture % l. The oonssnsian @ I'm i'm
corpua II forbade tho suspension Of tho Ssbsas corpus
except In certain contingency. whom h might BE- sns
an an n NJ - A hat
snsencyi Tho genilem:n tMr shelIabarger) ssid =
was when war prevailed, and had insisted that
war a IN IS sSs -''-aG sssl ssns. 'n e. III. wo1d S.
He Mr RaymoD bsld thas war; in every legal sense Of
OF the law in the sense in which il used By every
writer law-had ceased In the SOUTH II bad ceased
BY proclamation authorized by lav, and state Of peace
ground that existed there that Congress had right
70 suspend she habeas corpus The case was nado
specific by the LANGUAGE the constitution 1.-THE w1t Of
habeas corpus may be suspended when In Of
bsion invasion. the public safety may require IT,"
There here no invasion OF the South rebellion In
the South In the which threatened the public
safety. Private rights wers jeopardizsd at the souh
and the safety Of HE and property at hazard but
could be said that the public safety far
danccred either 10 constitute state OF or 70
Ms ns 70 show that he aid no. shinS shsrs
had occurred emcryenrv iustifying resort 70 that
extreme remedy cf thc constitution The gentleman
from Pennsylvania (Nr Thsye had said that the people
had decided that the government the Southern States
was 10 be regulated by lhe OF the pcops
Ho admitted thai but he asked whether army officers
tho proper representatives OF the people in that
sensef Was there other way In which ihe people Of
the county represented In Congress could enforce their
viii except by dslegstng absolute and unrestricted
power onicer OF the armys Certainly had never
been thought until quite recently The army had not
been coDsdered the fountain and origin OF authority
Cnti quite recently In history tho srmy had been
considered the army Of the governuentts right hand
the executive power cmanstna from tho civil power
Was there neccaety for reversing that sats Of things
now He knew OF obstacle 70 the establishment Of
civil authority In the Southern States such basis -
Congress deemed wise and jus& That civil Authority
woud be entitled IN care Of resistance to H. 10 the aid
Of the army TO execute la DEGREES.
Mr. HorcsKIs inquired Of Nr Raymond whether h
was not tic testimony Of loyai OF the
South that u tho army vers Withdrawn their lives would
be sacrificed se
Mr. R,ywosp replied that the question would DO moro
pertinent he had s@d word In favor of Withdrawing
anv portion Of the army thero h In favor OF
having sufcircnt force In ev,y Southern State
force such might be made BY the civil Authority
or me protection Of life and properly What he Oh
ecfed not the preEenec Of tho army, not 20 the
urotecfion be extended BY the army loyal ct-
zsnx black and white but clothing solitary scer OF
that army with powers make laws he pesses and
- I.sl-