The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-07-23

have sent them to be ratified by the country, ant
his Secretary of State, taking advantage OF hi
construction, has sent the constitutional provision
in reference to the abolition Of slavery to the so
called States, erected by Executive order, ant
by no other power whatever: Again, he says tina
we have provided for, and the Senate has con
frDsed, the appointment Of Judges for these
States. I again take issue Of the fact. We have
provided for Judges and District Attorneys OF the
United States in certain districts heretofore de-
olared by law and defined by law. and not for any
StateJadges whatever. Our legislation has been
for the United States officers and not for State off,
GERS Ag Tin, we are told in the same message that
the Supreme Court Of the United States has recog-
nized these States as States by assigning their
circuits, and using their boundaries as convenient
designations. I deny again the fact The Su-
preme Court has nowhere given any opinion or
direction on the subject and that doctrine cannot
be found in IFS action in any degree. Again, it Is
said that the Supreme Court has recognized these
States from the fact that the Chief Justice has
held court in the State of North Carolina. To
that Answer, he held court in the Judicial Dis
trct Of the United States, Territorial District of
the United States, assigned to him under the law,
without any reference to the question whether the
State of North Carolina was in existence or not,
held that court whether the State of North
Carolina had existence or not. He held the
Court in despite Of and not in subjection to-,
any supposed State law; 9nd among the very first
opinions ne was Ou6 WHICH SuOW6Q
he by no means recognized the State Of North
Carolina, except as State that had been IN rebel
lion, and was not yetbrought back into the Union.
Nor has there been any recognition Of them by
the Supreme Court, because of that court having
allowed to be placed on its docket cases brought
from the various District and Circuit Courts.
These Courts had, under the laws of the United
States, rendered certain judgments which were to
be reviewed on appeal in the Supreme Court Of the
United States, and nowhere bad there arisen any
place to adjudicate whether these States were in
existence or not, until the State Of Mississippi un
dertook to bring in bill in equity against high
United States officers, and thereupon the Supreme
Court Of the United States made formal adudi-
cation that the State Of Mississippi, as Slate Of
the Union, had no standing in the Supreme Court
doctrines of this Message, it was directly
and entirely opposed to it. !he President declares
that no particle Of the land in the Southern States
has become the property Of the United States
by conquest. l cannot, for an instant, allow that
statement to go unchallenged. Every foot OF Of land
States, and WAS by the vaor Of its soldiers, repos
sessed by the United States, became thereupon
the property OF the United States. To say that a
title by conquest pertains only to personal proper
Of nations for while it has not been usual in con-
quering nations to appropriate the proprietary
title Of the land from motives Of public policy,
yet think I may challenge the entire body Of
writer's of the rights of war, and ask II there
can be found any one line in denial OF the
shall, therefore, ask the consideration of the
House to the fact whether or not the right
by conquest is not perfect one, to DO exercised
in our judgment as may seem best, either In
mercy, in clemency, in justice, or in right-Pre-
thus brought before the House those misstate-
ments Of facts and wrong conclusions OF law, I,
for one, Am ready to vote that this shall become q
law, notwithstanding the veto OF the President,
and then see whether he will executeit, or whether
the HOUSE. OF Representatives will bring him, for
his former violations Of the Constitution, before
the Senate for trial, according to the modo, and
the only mode, pointed out by the Constitution to
relieve the country from the expressions Of bad
ruler.
MIR. Boyer (Dem, Pa.,) asked Mr.. Stevens to
allow him to have five minutes.
Mr.. Boyer took the floor for five minutes,
Mr.. Williams (Rep., Pa.) said he sympathi9ed
very deeply with the eloquent utteranees OF his
friend from Massachusetts, (Boutwell). There was
p time when forbearance ceased to be a virtue,
and ;he thought that time had come, For. the first
TIME ein the hiptory OF the country the Chief Execu
tive Magistrate Of the country strobe into the
halls Of Congress, into the Constitutional Cham.
ber OF the nation, and flung his mace in the way OF
defiance at the feet Of Congress-. When was this
Congress and the President were divided, wide as
the poles asunder, on o question Of vital magni-
tude and Importance. Was Congress in position
to adjourn now, with an utterance Of this sort
placed upon it's record with o solemn declaration
made in ADVANCE that the President OF the United
States the minister OF the will of Congress, would
not execute that will when declared in constitu-
tion9k ferm2. Would the President execute
it From the experience OF the past what had
was remedy; it had been widely dissemi-
mated through the country that the charges
against the Executive Magistrate were merely
tfivoions. That opinion had found utterance on
both side5 Of The House, but those who hold the
opinion Tee 70 70 snGW
and the nation, that there was q case against the
President. It was not for him to say what it was;
he could not do without violation OF confidence
ns q member Of the Judiciary Committee; but by
way Of protest against deeafations ap4 insinpa-
tions Of members on his own side Of the House, ne
would say that there was o case i'll which all that
was to be- found OF tyranny in the annals Of the
Iudors and the Stuarts had been rehearsed and
reiterated by tho present Chief Magistrate. He
would soy for himself 81 lawyer, bred 70 the study
made himself familiar with the progress of con-
sttutional liberty in England, from it's early and
rude beginning in the Magma Charta, down to its
in the revolution Of 1888, that
Ehsre WAS ne case in the Parliamentary history Of
England IN which were aagfesa.ea d q M ms enn.a
was prepared to make good against all comers all
be had said, whenever the House would afford
him an opportunity. He believed that the neces-
5lties Of tAe nation required Congress to remain
IN session: Congress had an issue on its haHds
t had to adopt the only and effective remedy, and
That was to place in power as the effective mini
ter Of its dseFeas man who would respect its au-
thority.
Mr.. schonck lRep., ohiol accepted five minutes
t time, and said it would suffice for what he had to
say. The Secretary Of the Treasury, In o speech
delivered some time ago to mob in this city, had
said that he regarded Congress, the lawmakers
Of the country, as q set OF tinkers, He lSchenck)
had sometimes been inclined to think that Con-
gross had wasted its time in tinkering.
''Not doubt Of it, interposod MIR. Ross Dem.,
Ill., -.
Mr.. Schenck proceeded without needing the re-
mark. Congress had passed one law after an
other in it's effort to carry out system Of resora-
lion of the rebel States, and those laws had been
rendered nugatory, had been, in effect, stricken
them, to Congress, and to the policy OF Congress
on the part of the Executive, Tho President stood
now as an obstacle in the pathway. He (Schenck)
had said lefore, and now repeated, that oil at
tempts by acts Of legislation were almost as
though gentlemen might think to dig little canals
around, or to burrow under it, or to climb over 1t,
it was all unavailing. The only true remedy was
to remove the obstacle, to put out OF the way and
degrade from his Office the President OF the United
States, who now stood before the country and the
world defying the attempts Of Congress to bring
about that peace and that restoration which, by
legislation, It was endeavoring to obtain. He did
not know what proofs may have been produced be-
fore the Judiciary Committee, but he did know
that without looking at the record made in the in
yestigation, there was spread on the public jour
nails Of the country, in the shape of documents to
which the name Of the President was attached,
enough of history to satisfy him that the Presi-
dent had assumed q position of hostility TO CO.
ordinate branch OF the Government and to the
proper rule of the country, which amounted to q
great political crime, for which he might properly
Be brought to trial, and, il Congress was true TO
its duty, degraded from his office.
Mr.. Stevens (Rep., Pa. J, said agree precisely
with the eloquent speech OF my amiable colleague
across the way (RandalD that we cannot impeach
the President of the United States But say to our
friends on this side who ore urging that measure
that they are urging il in vain. The result Of my