The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-02-08

the Ohteo states, north or south, for the mUrder
OF private citizen. No common law crime, as
such, without a statnte authorizing its punish
ment was indictable in any court of the United
MIR. ELDRIDGE asked MIR. Bingham to state
Dy what authority he would, while proclaiming
tpat tne late insurreoonary States were States in
the Union, establish military government over
them, and also what laws were to be administered
there-the unlimited and underlined will of the
or civil laws, to be administered by
Mr. BINGHAM said he would answer the ques-
Mr.. SPALDING asked his colleague some
questions, but
Mr.. ELDRIDGE reminded Mr.. Bingham that
ms Questions We're not answered.
Mr., BOUTWELL, inquired of MIR. Bingham
now he could reconcile the declaration in his pre-
ambe that those insurrectionary States were States
IN the Union with his oath to support the Oonsti-
tuuon, If he did not give them their rights as
Tor his own people and his own State.
Mr. BINGHAM would, on hIs part, inquire of
Mr. boutwell, how he reconciled IL with his oath
that he voted for the Freedmen's Bureau bill on
the 22d July last, which subjected every of
nose states TO Its provisions until they should be
restored 70 their constitutional relationsl
Mr. BOUTWELL, replied that there was no
distinct declaration in the Freedmen's Bureau bill
that they were States.
Mr.. BINGHAM asserted that there was such
distinct declaration.
Mr. BOUTWELL, suggested that that bill re-
Gognlzed certain States and districts as subject TO
MIR. LAWRENCE, of Ohio, remarked that they
were mere geographical States.
Mr.. BINGHAM added-WYes, and political
States.n He quoted the I4th section OF the Freed
mems Bureau bill to bear ont his views
Evening SESSION.
He asked Mr. Boutwell, whether he was going to
have so little respect for his oath say that
the State OF Virginia. in which JEFF. Davis had
been indicted for high treason, had ceased to be
state by that treason, that he could longer be
held to answer for itn that State because the State
did not exist. The language of the Constitution
was that person should be held TO answer only
in the State, and in the district of the State in
which he consummated the crime.
Mr.. BINGHAM said that those States having
broken off their constitutional relations with the
general government, the unlimited power for the
common defence throughout the insurgent States
was exerclsable by the Congress Of the United
States by the very terms and intendment of the
Constitution, and that power continued in Con-
gress
Mr.. MAYNARD inquired of Mr.. Bingham what
effect the bill would have on the existing State
organizations of the south
Mr.. BINGHAM, of Ohio, replied that these
State governments would exercise their functions
under this bill by the suffrance of the motion. and
only to the extent that those commanding officers
might permit. He did not suppose that it was in
tended to deny by the bill TO those organized gov
contracts between man and man. He did not sup
pose that it was intended to enforce contracts of
the law of marriages and divorces through courts
martial or military commissions.
Mr.. MAYNARD, of Tennessee, inquired fur
ther whether the passage of this bill by Congress
would commit it SO far to the recognition of those
State organizations to embarrass it hereafter if
it thought proper to set them aside.
Mr.. BINGHAM did not suppose it would, be-
ments to go still further.
Mr.. LAWRENCE, of Ohio, sent to the Clerks
desk and had read an amendment which he pro-
posed to offer to the bill.
Mr.. HISE, of Kentucky, protested against the
thority in the Constitution and he intimated his
willingness to yield the floor this evening If he
should have an hour allowed him tomorrow.
dozen members objected to any interruption
OF the regular course of the debate, and so
Mr.. HISE proceeded with his constitutional ar
gument against the bill, and showed that IL pro-
posed to establish pure military despotism, in
which no rights OF citizen would be recognized
or respected
After he had been speaking for half an hour, and
the House had become considerably thinned out,
Mr.. Wright provoked general laugh by gravely
suggesting a call of the House, but Mr.. Hse con-
tinued without paying the least attention to the
Mr.. LYNOH, OF Maine, sent to the clerks desk
| an amendment which he proposed to offer, and
which was ordered to be printed.
Mr.. INGERSOLL, of Illinois, took the 1loor to
discuss the bill. There two sorts of States,
geographical States and political States The late
insurrectionary States were geographical States,
but were not under the Constitution political States
| in the Union. There was no middle ground pos
sible. They either States for all purposes or
I they not States for any purpose whatever.
! He held that those States having gone into rebel
lion had destroyed all their civil governments un-
| der the Constitution, and that when the national
arms prevailed they became territories OF the
| United States. The Reorganization of the southern
! confederacy as a de facto government had been
! complete both at home and abroad, and he chal-
| lenged any one 10 show such historical parallel
| where rebel power was recognized by the old
l
| government He drew from this inference that
the territory covered by the rebellion became con-
| queTed territory.
| Mr.. RANDALL, of Pennsylvania, referring to
o remark of Mr.. 1ngersoll about greenbacks, asked
him whether he regarded the law declaring them
legal tenders an exercise of the war power.
Mr.. INGERSOLL admitted that If such a thing
had been attempted when there was war or
other great national exigency, it would have been
| unconstitutional He illustrated the position of
the southern States by that of Mexico, after the
| United States troops had conquered that country
| in war As territory il was held by the United
States until there treaty of peace.
There had been no treaty of peace and no de-
| claration OF peace with the confederate States.
| The government had not given up military pos
| session of those States, and would not until full
| guarantees were given for the protection of the
civil and political rights OF the people in their ter
| ritory.
declaration that those nsurrectionary States were
remaining States, and If not, then there must be
| general Jail delivery in those States.
| Mr.. INGERSOLL held that, nevertheless, that
when State had gone to work and destroyed its
constitutional organization it ceased to exist as
| State.
Whenever the people Of the south were recon-
structed to loyalty the States would reconstruct
themselves. The Presidents plan OF reconstruc-
ton had proved a failure; and for this bill, nc
might hesitate vote for it lest it might make
matters worse in the south, for things there were
as bad as bad could be. They should, therefore
| try this bill
He had no fear of trusting the powers in this biz
| 70 General Grant He was confident that they
would be exercised firmly, wisely and judiciously
as ne mad always exercised his powers. IL nigh
| be said that the President, Oommander-in.
Ohlef might resclnd any orders that General
| Grant might issue. He admitted that the Presiden
might do so, but he would do it on his own respon
sibility.
Mr.. RANDALL, of Pennsylvania asked why
IL was that the Presidents authority, which hac
been in this bill originally, had been struck ou
Mr.. INGERsoLL said it was because the mao
pie, as well as Congress, dare not trust him with
such powers.