New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-02-12
XXXIXrH CoNGREss-sEooND SESSION.
BI TELRGRAPH TO rHK TRIBUNE.
gI,NATfE n


SENATE. 49,. wAsBISGTON. Feb. H. 1867.
OHIO AND THE CoNsTITUTIONAL AMENDMENT
The CHAIR laid before the Senate the ceTtIficate
Of te Governor of Ohio attestiBg the ratification OF
proposed Constitutional Amendment by the Legislature
Of Ohio. II was ordered TO be laid upon the table
PETITIoNs-SArONAL ASYLUM
Petitions and memorials presented and referred
bill to allow members OF Congress TO serve AS directors
been elected directors before their election 10 Congress
lac bill was indefinitely postponed
TIE CIVIL RIGHTS BILL.
Mr. SUMNER Rep., Mass.), offered resolution in
strucng the Judiciary Committee to inquire into the
pediency OF amending the Civil Rights bin TO extend
its operations so that when the residents Of any State
being citizens Of the United states are debarred from
any Of the privileges Of citizens of such States then all
cases arising out Of any Oiense against any such resi-
dents of the part and any citizen OF such state not
debarred from any OF The privileges thereof on the Other
United states, and not by the courts OF the State Mr.
Sumner asked for immediate consideration for the
II required unanimous consent for the consideration Of
Mr. sAUIsBURY Dem, DELI objected, and the reso
luton goes over.
THE APPOINTMENT OF PROVISIONAL GOvERSORs.
Mr. CHANDLER Qsep Mch) moved that the Senate
take up the resolution offered by him Saturday last
nsructing the Judiciary Committee to inquire whether
Andrew job nson Vice President and acting President Of
the United States, had any authority to appoint Proy
sionaI Governors for the States lately in rebellion.
Mr. CHANDLER--I think that this resolution is very
important at this time II the President had authority
of law under the Constitution to appoint Provisional Gov
ernors for the states lately in rebellion then the action OF
those Governors falls There have been Governors
established over those States Ii the inception itself was
Illegal. Now, Sir, desire that the Committee the
Judiciary should make early report upon the subject
II due to the President and il ID due TO the country that
these points shall be settled and settled early day
am not lawyer and hardly competent TO decide for
myself still less for the Senate whether there any
such authority. We know, Mr.. President, that when
Andrew Johnson through the bullet If j. Wilkes Booth,
became President OF the United States the Rebels
had laid down their and that all
OF these Rebel states were held by military
powers, and under these military powers Andrew
johnson had a right to appoint military Governors
not only for every Of the states lately In rebellion
bnt for every CITY, had he m 10 do The laws Of
well understood as the written Constitution or
the laws Of peace They regulate govern and control all
civilized nations. When Mr. Lincoln desired TO create
Government IN Tennessee ne apP9lted Andrsw johnson
as BrigadlerGenera In the United States Army he APP
a - d "a o @ or ms ne
Sir il is another and very different thing 70 appoint
Provisional Governor believe, Sir that 1t Is AN office
unknown to the Constitution and laws OF our Govern
Inent, and office which, in my judgment he Ind no
authority to create These Governors we're not sent 10
any Governors If we had confirmed them because
the Senate and Andrew johnson together cOnd not have
Sir, it required the House Of Representatives. and In.
Senate, and Andrew Johnson united, having first ENACTED
law creating an office before officer could be thus
appointed Now, Mr. President, under the laws Of WAL
as have said he had right to hold these states by mil
taTy power and forces These laws OF war have beer
changed from TO age. They arbitrary; they
simply the win Of the conquerOr. Under the law OF
In ancient times, prisoners remOrseessly put 70
death These laws from 10 age became modified but
late as the year 1885, as late the month Of july 1865
the laws OF war empowered the cOnquerOr to levy
al the expenses OF the war upon the conquered
When Prussia conquered Austria she only took from
Austria what provinces she desired 20 take, but she
actually compelled Austria TO pay 3OOOOOO OF orns FOR
the expenses OF the When Prussia annexed Frank.
tortontheMain she made Frankfort pay for the ex-
penses OF cOnquering her Under the laws OF war the
conquered must submit to the will Of the conduerOr and
the United states had perfect right under the laws
war TO make these Rebels pay the whole expense in
Cured by this Government IN putting down the Rebel
lion Nj. President, If Andrew johnson, in violation Of
law, in violation Of the Constitution and without
thOrlty under the laws Of war has and exer-
csed power that did not belong 20 him. but which be-
longed 10 Congress then do not hesitate 10 say and
BAY II with dehboratOn that for this one act and this
alone, Andrew Johnson should be impeached say it,
Sir, as one u his Judges / say IL understanding the
force Of what say, that II lie is guilty Of this one
act OF usupation, IL this one act was without au-
tbOrtty OF law or II the Constitution, or of the
lave Of war then, s!iE ls shoula W impessRed.