The national Republican., 1867-07-11
CONGRESSIONAL REPORTS.
Fortiesh Consrsss Session.
wnDsnspAy, sss JsIy IIy 10, 1867.


Fortiesh Consrsss-sseond ssssio..
+ WsDSnspAy, July 10, 1867.
SENATE.
Immediately after the reading Of the journal,
Mr.. Sumner moved that tho Senate proceed TO
TIE consldsrston Of his resolution TO fescind tho
resolution Of Friday last.
resolution Of Friday was adopted under misap.
Mr.. Trumbuli raised question Of order that
discussion wns not In order until the Senate do
oided TO take mp tho resolution.
Tbs Chair decided Mr.. Sumner In order, and
he proceeded with his remarks, stating that tho
resolution Of Friday was adopted under mis-.
understanding Of precedent quoted from Mr..
Clay, In tho Twenty y-seventh Congress, and read
ing nom the Giobe 10 establish his position. He
showed that at the session alladsd to one hour
was given each day for the confederation Of mis-
cellaneous business. a.r ..-..... +
Mr.. Fessendsn denied that tho action Of tho
Senate on Friday was based on tho precedent
quoted BY Mr.. Sumner. II would bo seen that
In all the opposition TO the resolution Of Mr..
Clay. there was nothing urged against Its con-
stitutionality. II was moro matter Of business
a. 70 the propriety Of which zach Senator must
decide for himself. He did not believe the Ssn-
ate voted under any Interpretation on Friday,
but that each member know precisely what he
was voting upon. ..n
Mr.. sumner resumed the floor In favor Of his
| resolution, and after further remarks from him,
the Senate refused to take up the resolution.
On motion Of Mr.. Trumbuil, the reconstruction
bill, which was under consideration yesterday,
| was taken up.
Mr.. Howard took tho floor He was glad, hs
| said that tho5enate had proceeded, at this early
moment, to the confederation Of this bill. The
peculiar views taken BY the Attorney General Of
Il k.u Tutk 0A-k- -
| Congress, and the apprehension Of the members
| Of this body-at least a majority Of thom-that
the President Of the United States, In the exe-
cution Of these acts, may or will be governed by
| tho conclusions ut which his legal adviser has
| arrived, has doubtless been the groat cause for
the reassenbling Of Congress on the Sd Of July.
He Mr.. Howard proposed TO ask tho indulgence
| In review some Of the arguments Of the Attorney
General respecting the meaning and intent Of
the acts Of reconstruction already In existence
He did net believe that upon any just and fair
construction Of these acts there was any necessity
for additional legislation, whether In the shape Of
amendatory, supplemental, or declaratory acts.
Ho believed these acts contained all that was
necessary for carrying out the policy Of Congress
In regard to reconstruction, and that II they bad
beon properly construed, II correct advise had
boon given to tho President as to their true pur-
port Congress would not probably have been
| under the necessity Of assembling hero In WASH
ington to spend any portion Of tho hot days Of
| this intense summer. To ascertain tho nature
and extent Of the powers given to the district
commanders BY the act Of tho I'd Of March, We
must look carefully at the language Of the
| statute. and must not overlook, as othors have
done, the reasons and tho circumstances impel.
ling Congress, as they daily announced, TO the
enactment Of so unusual system Of legislation.
The act Of March 2 declares In the pamphlet
that in the ten States there exist no legal State
government and adequate protection for life, lib.
erty, Or property. Governments Of q certain
kind already, 1t Is true, existed there, but % o
matter Of fact they were such governments as
had been established not BY Congress, the supreme
law-making power OF the land, not BY tho loyal
people Of those States acting freely, by spon.
taneous impulse for the whole community As
was the case in West Virginia, nor by tho rebel
people acting freely, nor by tho rebel and loyal
elsmonts acting together. but BY the order and
dscree Of the Executive, acting without the
knowledge or consent Of Congress. That funo.
tionary, very suddenly elevated 10 his position
by the assassination Of the President elected by
the people, acting under tho influence Of bad
passions and bad advice seizing upon the most
critical state Of affairs, produced BY the surren-
der Of the rebel armies, took upon himself the
Office Of State maker for the to n States, which
were devoid Of oil State rights and privileges, as
he himself has often declared, lying so many
heaps Of shapslsss political ruins. He assumed
Of bis own good win and pleasure, without any
aet Of 0onsrsss, In utter dsrogation Of the pow.
ers Of Congress, to grant to these peopls, not
merely that military protection which BY the
laws Of nations and Of war Is m Incident Of the
occupation Of an snsmy's country, but political
rights and powers as States. He clothed them
with legislative authority, with judicial and ad.
ministrativo functions, and tho additional right
Of elccting Senators and Representatives In Con-
gross. All this he did without law or constitu-
tional warrant, In manner and spirit unknown
to our history, and known only to despotic gov
ernmsnts. II was the first earnest and formal
attempt TO introduce practically into our Gov.
ernment the absolute ideas the absence Of which
from our system has been our boast and true
glory. It cannot be donied-even the President
cannot deny-that he exercised unlimited pow
ers, political and legislative, over the subju-
gated States. It cannot DO denied that his OBJ
ject was to introduce into Congress In Decem-
ber, 1865; Representatives hostile TO this
Government, hostile to its preservation, and
hostile 10 Its policy, with no security for their
future good behavior, but the promise on oath OF
men who, by tens of thousands, had wantonly
broken their oaths to support the Constitution.
It cannot bs denied that the Presidents scheme
was TO reinstate the rebels to their former powen
and privileges, without exacting any security
against the recurrence Of the rebellion, or with.
influence for the future.
After further remarks In opposition to the
Presidents policy, Mr.. Howard reviewed tho
opinion Of the Attorney General. II was In di.
rect opposition he said, to tho veto of the mill.
tary bill, which, It was understood, tho Attorney
General wrote, and which he certainly must
have indorsed, as the loyal adviser Of the Presi-
dent. The fundamental views Of the Attorney
General was In proving the fact that these rebel
States had been subjugated, and had lost their
rights az States.
The question was then taken on the amend
ment Of Mr.. Wilson, offered yesterday, TO amend
the second section SO that the commanding gen.
erals may appoint civilians to Offices vacated
under this section The amendment was agreed
to.
Yeas-Messrs. CattelI Chandler, Cragin, Fow.
lor, Harlan, Henderson, Howard, Howe, Morrill,
Of Me-, Norton. Nye, Pomeroy, Ramsey, Ross,
Sumner Thayer Upton, Wade, Wilson, and
YAtes-20.
Nays-Msssrs Buckalsw, Conkiiug, Davis,
Dixon, Edmunds. Fesssndon, Freiinghuyson,
Grimes, Hendricks, johnson, Morgan, Patter-
son Of Tenn, Trumbull, Van Winklo, and VIII
liams-15. '.r
Mr.. Drake moved to amend the sixth section,
which declares tho intent and meaning Of the
oath prescribed in the supplementary act, BY
inserting the words "while holding any such
ofhce or" so as to make the clause read chat
no person who has been member Of the Lsgis-
lature Of any State, or who has held any exesu.