The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-07-10

altitude Every yestge Of al anthotv, far as the
United States were concerned Was utterly M ~,
After a protracied var OF four years, attended WI
great pene and great loss OF life, The government
Of The United States succeeded by force OF s''ns
In crushing out these inimcA governments IN
overthrowing the enemy. What, then. was me cond.
ton OF the people ia the spring oil iooo ia e-o Iepf
staies9 Coptessedy they had no CIV. h,, nv
var had been for years exiinguished ovef'hrown and
destroyed fhe governments OF tne eno.nes o. we
country we ourselves by fore Of arms had put down.
Now as q necessity resulting from THIS conlct OF arms
and growing out belgerent character OF this con
tract our had control over The people OF these
there The government VI course conld NOT oe
tolerated, because at an expense OF millions and han
drds of millions money, and thousands and hsudreds
OF thousands of had destroyed u. The enemies
OF IN. gov had destroyed the legitimate
ments Then 20 prevent anarchy and 10 preserve the
peace our military commanders had authority 70 con-
iro temporarily the people whom thew had conquered
vas conqvest-it was the overthrow Of the
government OF the enemy, and the authority Of our
armies govern them by the power OF the General
the soldiers was just complete in Carolina Cali
fornia. whom we conquered IL from the Nexicans.
think all will admit that for period OF time--some
make II shorter than others, but for period Of
time, whether day or week, month or year-the
miitary had authority 10 preserve the peace and 10
govern the country, ~ far necessary for that pur
pose, until civil governments coud be inaugurated.
Now how long this m htary government could DO con.
tinued question Jeff in the direction Of the sovereign
power Of the United States, exercising ITS authority IN
the spirit OF our institutions and 10 suoordnaton OF the
constitution. agree, sir that this military power
should not be continued Gay longer than necessary
to the restoration Of civil government in these rebel
States which loyal to the Union aud true 20 the
stituion But how longY That is to be decided by the
circumstances, OF which the SOVEREIGN government the
Congress Of the United States, is to judge, not
tho executive tho judicial tribunals It is
question which the Judicial tribunals
have jurisd ction. Thew cannot try political
questions; they will be bound by the dec sions
Of the other departments OF the government Now sir,
this military authority WAS continued by the President
Of ns United States for TIME 10 the SSssncs OF ANY
President Of the United States then, while this military
power in existence, undertook 70 inaugurate civil
governments IN these States Had the civil
which he undertook TO inauguraie been managed by men
true the country and loyal to the flag they would avc
been recoenized and this whole question would have
been settled long But unfortunately the enemies
Of the country the very who set the hostile gov
erDments which cost much money and blood to over
throw took of the new governments; and the
Congress OF the United States whom II assembled finding
this TO be The condition Of things aud that the President
In the hands OF the very who had controlled
them during the war, decided that they were
not legal governments, but provisional mereIy-not
absolutely null and void, but existing by suferance
only Congress then proceeded 10 declare that there
being legal governments IN those States the military
power should be restored and should exercised
those States until civil go ernmens could be set up
therein. Mr.. Trumbull then adverted 70 the opinion
OF the Attorney General which he characteriz as in
many respecs prcposterous, AID in conclusion he ex
planned the provisi' OF the bill before the senate.
Mr. WILSON, trep.) OF Mass regretted thai the Com
mi the judiciary had reported the second section
OF the BILL which authorized the commanding generals
TO remove civil officers instead Of reporting a section
all civil Offices In the South as contained in the
bill which no mr. WILSON, had offered He believed II
this had been done be advised last winter the friends
OF reconstruction would day DO fifty to one hundred
thousand stronger In the rebel States than they
Ninety nine out Of hundred Of these officials dis
loyal men. In some states they are behaving we'll
There military officers in the South to detail for
civil duties, as provided in this bill and II there we're
would not Go proper to use them for that purpose.
Mr. CoSKus, Fep) OF n. Y, inquired OF Mr.. Wilson
commanders OF civilians to all offices in the South and
such appointed what would be the nature OF the
Offices they held, whether civil or military
Mr. WILSON commended that Congress has . right TO
authorize military commanders TO make these appoint
mens in the manner he had suggested. The operation
OF the Military bill had been very good, no said; but II
would DO necessary put the friends Of country into
the civil Offices OF the South Ia order to insure tho sue
Of the W., WAS mot true ,o Sst sss
There plenty Of them all through those statea
Mr. Wilson moved 70 amend the bill by striking out the
section, and inserting In lieu thereof section
vacating all civil Offices in tho rebel States. and author
king the military commanders 70 I'LL them BY appoint
ments reappointmenta
Mr. CosxLiN denied the right TO authorize military
commanders TO appoint civilians who were not and could
be subject TO their authority. might be consum
nation devouty TO DO wished; but II surrounded
With difficulties, examination Of the grounds
which II based would clearly show, The judiciary
Sv Nh W.on snS SsS conc,udeS thss tSs rSht 10 an
act Il at least doubtful.
Mr. WILSON called attention TO the fact that the Judi
ciary Committee had IN the fourth section OF the bill
ratified and confirmed the OF military commanders
already done In removing civil officers and appointing
9enor8l
sheridan Was night in removing Governor Wells and ap.
pointing Mr.. Flanders In his place II 90 no would be
right in removing Governor Tbrockmoron. and appoint
ing some other citizen in his place.
Mr.. CoSKrIse said II true there Was an apparent
inconsistency hero; but the fourth section retro
epccve only and II constitutional it could. at any
rate do no harm the future. Mr. Wilson's proposi-
ton prospective in its operations; and, adopted
and Afterwards found TO be imperative the whole sys
en- established under 1t would fall.
Mr. FREILNeHUysES, (repl OF N. j., opposed the
amendment Of Mr. Wilson. me bin Of the Judiciary
power for evil and he did the necessity for
Mr. Wilson's prop ,ston. He (Mr. Frenghuysen)
would not add ot one title to hat Congress hsd
declared TO be . hnaiy, and he would not therefore.
vote TO turn ten thousand or fifteen thousand civil
officers out Of Office He believed policy OF mdncss
and Cancellation tempered by justice and right, would
do more TO restore harmony and peace than any policy
Of conhscaion and disfranchsemenI
After further debate, which was participated in by
were demanded on Mr.. Wilson'S amendment, and IL was
disagreed to-
Ross sumner. Thsyer wade wilson and Yacs-ii -
b, n, nnHsSy sy, sSssasw 0Snsss
Grimes. Henderson Howard. Johnson MORGAN, Patterson
Of ~ H., Ramsey. Upton, rrumbuu, Van winkc and VII
Mr. BucxALKw. dem, OF Pa. presented an amend.
meni which he asked TO have printed for future action,
that the election Of members Of the House OF Re-
personalities each elector shall be entitled 10 number
OF votes equal TO the whole number OF Representatives
70 which the State entitled aud he may cast them all
for one candidate. or divide them among the several
candidates
Mr.. wnsos moved 70 amend the second section by
providing that the commanding general may appoint
civilians 10 all Offices vacated under that section
Mr.. EDxUsps, trep) Of W., spoke against this amend
msnt
Mr. YArss, rsp) Of m. spoke in favor OF IT, The
whole bill based upon the idea that there werc no
legal governments In the South, and there could be
objection whatever to this particular part OF It. He
wanted military for military work. but there
loyal In the South fully equal 10 these duties aud
he wanted TO see them appointed.
Mr.. WILSON said the people we're better protected In
fe liberty and property In the South under the Military
bill than they before; bat he wanted to
courage the loyal Of the South by placing them in
positions every where throughout the rebel Statss
Mr. toSxriso, abiding 70 the removal BY General
Mcclellan Of the Maryland Legislature asked " General
Mcclellan bad the right appoint another Legislature In
place Of the one dcpcsed.
Mr. MoRsni, trcpl OF Maine. said the case was not 10
the point Maryland bad not rebelled; In the Southern
States the governments have been Withdrawn and must
be established
The senate at forty minutes after four O'Clock
adjourned.