The New York herald., 1867-02-10

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wAsmseros, Feb. 9, 1867.
TIM BOSTON cusTox HOUSE,.
Mr. Hursuap, trep) OF N. Y, from the Committee
Expenditures asked leave make report in par; Of
the investigation into the affairs OF the Boston Custom
House. which he asked to have printed.
M PLAxrs, rep Of Ohio. member Of the commit
tec objected stating that he had had time 10
Inc the report. fEAt
rur nxccSsrRrcr1ox NIL
The House resumed the consideration OF the bill pre-
sentcd by Mr.. stevens from the Committee on Recon.
sruc,ion provide for the cnicsn, government
Of the insurrectonary States.
Mr. BAsKs trep) OF Mass, being entitled to the foor
said that had been his intention to support the
bill; but that reflection IT. seemed to him necessary
withhold his vote from it. He believed that statos
lately in rebellion were still States They had been
made States by the action OF people and Of the
eral government, and they could never cease 10 be
States until the general government had consented 70
that condition That consent had been given.
There nothing in the theory OF the International
law or OF the facts which deprived that; section
OF the country Of It's legal existence States
Congress had by many acts fpm 1901 u the close Of
the deprived the people OF those States OF their
right to 90 operate in the Of the country
therefore the case as il stood eft the states recoanized
legal existence and the people present without power
70 participate " the government under which they live.
He understood the condition OF the people 20 be this
In International law there three conditions OF
State: staie OF peace, state OF war, and the
cOIIiftOp
he people Of ,hoss states Il was not pesos IL was not
war; was state Of siegs He regretted 10 speak Of
the pending measure as he should do seemed to him
that bill which placed tose States under military
martial law was proper, and he should object TO any
act proposed FOR that pprpese made arne Of civil
Without any restriction or limit of power sAcep the
discretion OF the regular army The regular army,
IN administering that power, was - be without
responsibility To the constitution. to the Con
gross the people Of the country, but was 70
be responsible only 70 the commander OF the army.
word or iine In tho body OF the bill that limited its
operation, that looked 10 the establishments Of any
experience compelled him TO say thai he did not think
the administration Of tho officers OF the regular army
would tend to the establishment Of republican govern
cogniton Of the rights or the people, OF repubcsnism
democracy through the intervention administration
Of the regular army and he did not believe II this bill
should be passed with s unrestricted and unlimited
power Il would have any other effect than 70 crush out
the spirit Of loyalty and the spirit Of rspub-
strtcs HE BELIEF was that The hope Of recon.
struc,ion Of this country and the restoration
the OF the peopIsthe uneducstsd tho poor the
powerlcs OF the people OF these States He be-
ievcd that the influence Of the regular army would DO
WITH the aistocrscy and against the democracy, and
hus under this bill they would BE- deprived Of the only
b~so they had for the restoration OF loyal dsmocc
fr the government Of the United States and be some-
times feared that they might be deprived u that which
We loft 70 Alexander after he portioned out his states 70
Of NE poorest the most gnrsnt the least powerful Of
the people Of the South, and they had anything 20
foarfrom any portion OF the people IL from the inn
placlbe enemies who welded 10 tho doctrines and
privileges Of the MiAocracy. He wished IA whatever
measure should be adopted 70 place hImsoif with the
democracy and against the srstocracy Of these States
and hs feared that the machinery Of this Bib would mot
tend v that end He had no fear OF General Grant on
ss aa s' vs.: sa; y ss. .s ,; ''ssss ssSa
the country cond turn In s present disturbed condition
II was mt impossible that The friends At General Grant
might through this bill placs him u position which
would teal either 10 his sacrifice or 70 course OF con-
duct which no friend Of his wovdike 70 6ugEest for I'M
sdopucn. III General Grant acted with the President q
he execuuon u the law Congress- would n0( have mucn
70 hope for unless the President changed his course ana
he acted against the President he would have against
him the higher oce VI The government ana the lower
omcefs o. he command and between them he would be
sacrificed Nc trusted the bn would be amended 90 as
TO relieve VI the feature 20 which he objected 20 let
simply give 70 the southern Satss an thc military
power within the control Of the g0vefnment and
TO let u be accompanied with . proposition 70
establish popular civil gcvernmeni, baee1 upon tps
loyal popnlation IN one or more ~ thoeesssnies ~
precedent condition 10 the exercse of military power
Referring 10 the construction Of socety n the Boutb,
MT BANKS expressed his conviction that no sxensicn of
sAhrage ~ the lower classes could deprive The arisc-
crecv Of thN power their control Of public opinion.
The Honth vsuld continue 10 he unit un4er The opo
eiNcn of nnlversAi amnesty and univev1A suHrrSe,