The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-07-11

cuimr views taken by tho Attorney Ger~M OF tne
United States the Reconstruction aols Of ,onges anu
the apprehension Of the Of this body a. hast
majority OF them, that the President Of the Uneu
governed by ths coDcusions which his legal adviser
has arrived has doubtless been the great caoss 40 me
mas aS%a 81 . ask inc q
Ssnaie for few minutes white ne psesed
in review some Of the arguments o. 's ,ns %ene
construction already In existence no oiu oos osneso
that upon any JUS. and fair 81 ssese aets
whether in the shape OF amendatory supplemental
deelaratory acts He believed these acts contained
All tnat was necessary for carrying ous The policy or
CONGRESS in regard 70 reconstruction ana mat hsy
had been properly construed correct advice bad been
gwen 10 the President Of the United States
purpor Congress would nos probably have been under
the necessity Of assembling hero IN Washington to spend
sscs.tsu ins nature and extent q the powers gvsn 10
the district Commanders by the act Of the "a Of March,
We must o Ss cass a. the Language n Or
done reasons and the circumstances inpeng Con-
gres thus daily announced 70 the rnent ef
declares in the preamble that IN the States there
exists no legal State governnensand adequate pro-
certain kind already It is true existed there; but a.
matter OF fact, they were such governments ~ had
makinv nowsr ~ the land no. nv ss Laval saon" Of
thee States acting freely by spontnneous inpueo for
the whole community as was be case IN West Viz
gna nor by tho rebel people acting freely nor Ivy The
rebol aud loyal elements acting ,egethor bat by tho
orders and DEGREES OF The Exec tive acting without the
y,
very suddenly elevated 20 his position by the assasspa
ton OF the Pros dent elected by the people, NJ
under tho influence OF had passions and bad ADVICE,
se'sng upon the most critical state n affairs pro-
dlced by the surrender OF ihe rebel armies, took
bc he sr syos " a as s,aa Tor
and privileges, he himself has often declared
lying so many heaps OF shapeIes political
He assumed or his own good will and pleasure, without
ret OF Congress, in utter deogaon OF the powers
OF Congress- grant these people not merely that mill
tary proieci which by the laws Of and war
Is incident OF the occupation Of enemy country
but pni,ical rights and powers He clothed them with
legislative authority, With judicial snd adniusuave
uncons and the adt,t ona right of eIecny Senators
and Repres natives to Congress- AL this he did with
out law or constitutional warrant IN manner and
spirit unknown 10 our history, and known only to des-
potc governments II was the hrst aud formal
attempt TO Introduce practically INTO government
system has beon boast and glory 1t cannot DO
denied-ovcn toe President cannot nythai be exer
cised unlimited power pot cal and Legislative over the
subjueat States 1t cannot be denied that his object
was to Introduce Into Congress in December 1855, repre-
hostile TO its preservation hostile to its oicy, with
NO security for Their good behavior but tho
promise on oath OF men who by tens OF thou
sands had once wansonly broken their oaths,
to support The constitution It cannot DO denied that
The Presidents scheme was TO reinsiate the reOc 10
their former powers and privilege, without exactipg
any security against tho recurrence Of the rebellion,
without introducing proper Safeguards against th'r in
son 10 the iresldent'a policy, Mr.. Howard reviewed
The olnnon OF lie Attorney General IL Was in direct
opposition. no said 10 the veto Of the Military BILL
which Il understood tho Attorney General wro,e
and which he certainty mus have endorsed the legal
adviser Of the President Tho fundamental OF tho
Attorney General was In ignoring tho facts that these
rebel states had boon Eubugated and had lost their
rights rs States
Mr. Wilson, offered yesterday, amend ,hc second
lions so thai the Commanding Generals may appoint
amendmen: was agreed to 81 follows:---
,YrasMessrs cattoi Chandler cragn Fowler Harlan,
Henderson, Toward Howe Merrill ySf Me- Norton Nye'
S9hnson. MSgHD, Patterson ior fcnn.j TRANQUIL, Van
Mr. DRAKs, lrep) Of No., moved TO amend the sixth
sect,un which declares the intent meaning OF the
the words 'whiie holding any euch onoc, IS
make the clause read
rha. person who has been member Of tho Legislature
OF any STATE who has held executive pnsic
in state wae her hs has taken oath support
liop, *
Nj. TRUxBu1L did not believe this amendment nscos
M. DRAkn was Of opinion that cases had already
events he thought it could do no harm and he hoped
the chairman Of the Judiciary Committee would not
Mr. SUMNER said his attention had boon called 10 this
subject by two gentemea from Virginia, who spoke 10
him Of the necessity for such provison as was
Mr. JOHNSON, idem.) Of Nd said the effect Of the
amendment would b, 10 exclude from registration all
who held Office Of any kind in South during the re-
beion. There many in the South who took ONCE
for the sake OF the good they could Union cause
as was the case with Lord Halo during the pariiamsu
tary war 10 Ebgiand and whose course was approved
as wise and patriotic. He did b. evo that Congress
ought at this special session TO enlarge the EXCLUSIONS
That was not ,he purpose for which Congress met iIo
had received letter from General steal rr.ing that
Congress- 80 lar from extending tho exclusions under
the original bill, should reduce their number. Such
course, General sickles said, would have beneficial
effect in South Car lima
Mr.. WILSON, repl Of Mass, said n the amendment
meant TO exclude those VINO were in oiIico when
States went out be would DO In favor OF IT, II meant
moro he was opposed to IL ho did no. think j. wso
Southern States would conform to the requirements OF
the Military bill, aad out OF the ten believed iha,
soyen would SEND en here IN favor Of The Uni.n the
country aud equal rignis for all men.
Ar. DRAKE SAID tho officers Of registration IN Virginia
had settled down upon the conclusion NO man wnu
was in olcc when me rebellion broke disiran-
chised This was mo necessity for his smenduionL
accordance with hts unders andnx tho bal of last ses
sion, and he hoped would adopted It was founded
The IL was specially inc bent upon men in
oincs wnen INC war pruke out 10 keep their latin
government
Mr Johnson had no doubt that the construction given
lie suggested thai Mr. Drake change the wording OF bis
am nduent 80 as 70 read, and whether ho Was holding
suca office a. Inc time Of tue rebellion had held It be-
fore.n
The amendment, was nodded as suggested
Mr. iRvMrLL ssld this made very awK ward section
Of u, ana did not accomplish anything Il did NOT alter
the original intent oil the bili.
rnc smsndmens was agreed 70 as modified BY xr.
johnson.
Mr. Howard moved an amendment 20 the sixth
section provso that the mere Of having voted for
the ord nance Of secession Shall Of Itself be deemed
undor this act engaging In rebellion instruction,
nor snal any person be deemed disqualified merely BY
reason oil his having held Office OF justice OK tie
peace, notary public trustee officer or agent OF auy in
ssituiion or learning, or commissioner OF banks or
canals. &c. Mr.. Howard said General scnoneld had
made rliny which rendered the above necessary as
regards those who voted for the ordinance OF
Mr.. BucxlLsw (den.J Of Pa, desired TO know if
members VI the bar included In tnis amcndn mt
They were judicial officers sense, and m ght
be excluded under the stringent laws IN operation
regarded ~ dangerous % attempt enumcraion in
case like tnis because all who not Included would
bo regarded coming under tho exclusions OF the b
MI HOWARD nodded his amendment by Inserting
nfer the words ordnsnee Of secsssivn The words as
. popular section"
Mr. iossRoY, OPP Of Kansas, suggested whether this
amendment was not N opposition 10 the resolution
strctug legislation 10 she Of obstructoxs
execution OF previous ia~ss
Mr. HOWARD said this was necessary 70 all Oh.
by General Schoneld.
Mr.. srrSER characterized Mr. Hovard's amendment