New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-07-10
NTH CoNGREsS-SrrorAI SESSION.
SENATE, wAsurxoroS, July ..
THE RECONSTRUCTION BILL.

TRIMBUiL Rep n) moved that the senate PTOSted
10 tho consideration OF Tue ho0Oh'' ~
oy Mr. h,"i SUMNER Rep Mass) hoped not He hoped
,i,, tina vyouId be given for the morning business lie
wished 10 call up his resolution TO reseind me Iesoutoo Vi
friday He appealed to the senate 10 1deG Mr Sumner
that yesterday said he would keep t d be Sc
fora te Senate every day, so that no gOOo "ouu oe az
cemplished by voting on it now. -, q. ,es... .h,
MI SUMNER said he would not keepH DeIoTe 'i'e
SENATE longer than it took to pass u. ,, -
Mr. FESSENDEN-"B But suppose it Is voted down To-
aS Syr SIMMER" Then shall regard that as wrong
conclusion and govern myself s Tn,,, nation
question was thon taken on a nr np
Mr. TRUMBULL--Beiore proceeding further IN Ine
consideration of this BILL doemlt necessary 10 present
g. H. senate some Of the considerations which, IN my
own Judgment. and in the Judgment Oh INC 5 i 90
tls1 the provisions Of the bill which has been reported
fhe NECESSITY for this legislation arises entey OUT oi
what s conceived to be mscOnstucton OF the Recon
eructiOn acts passed at former session OF CohgeSs
br tkey were conceived il is believed that this adj
dItions legislation would have been unnecessary inc
WAS this II was believed the part OF Congress that
no legal Government existedin the Rebel anu ta
Ihess states were still properly subject TO military con
troll THIS che theory upon Which 20 Eaed snd
these bills known rs the Reconstruction acts were IN
tended 10 furnish tho machinery for auguralne ptoper
civil governments in these States and restore theu 10
ther legitimate positions in the UuiOn. II Congress was
wrong IN this position then tins Whoe IssIiorr ~
wrong has no foundation and cannot be sustained dOr
msment win ask the attention OF The senate 10 con
slider that question what was inc r az tboSe Rebel
try when these bills were passed or rather y,
ststos Five, yes six years before IhS 5eelSe
State Governments in every one OF tS d me armies
Of the country had taken fSl and d e Sa@ se
tlp hostile governments In every one OF mem,
They were completely hostile t9 tue nreu states az
SsS Iev raised armies and sought 10 MAINTAIN titlr
hostile attitude Every vestge OF loyal 50 i
THROWN After prOtracted war of four years, Attended
sitS great EXPENSE aud great loss OF me, me G31e
,nsnt the United States succeeded 10y IoIee OF an lh
crushing out these iimiyal gOYefhmehs-n YleEt9lVw
lag the enemy, What then was inc col et VI c ne
feSsily they had civil governments Whatever he
governments that existed before me war aG Ceoh TCI
Governments the enemies Of the country We ourselves
BY force 81 arms mis- G GSS put Of f9T and growing ont q
1he beligerent character OF this contract Oul HUll
ssssase there was no other government there The
enemy government OF course eola not Pe lyieiats4'
because. at an expense OF milhons ana hunS
reds Of millions Of money and thousands aud
hundreds of thousands OF lives. we h 5
destroyed The eneJues OF the Government mad de-
stroyed the legitimate governments. TheD, % prevent
anarchy and TO preserve the peace, our military com
ho thev I'D conquered for this was vast conquesG
st was the overthrow Oh tg o goyer ~ them 5 b b
power OF the General and the 7Oes was , az S?nplee
Ia Carolina as In California when we e499ue6Ta dIod
the Mexicans think all VIII ADMIT that LOT sole ed,Oo
OF make it shorter than others-out TOT some
Veal the military had authority to preserve me peace aP
IL govern the country as Far as necessary lOr t pun
pose untl civil governments cOnd DC lnauguated SOW
how long This military government could be continued Is
question left in the discretion OF the sovereign poWefO
SuT institutions aud in subordnaton Of the C6nstu
ZION agree Sir that this military power should not be
OF gOyer nent In these Rebel states which are lOyalo
the Union and rs 10 te Noas,9 ih Bul nov donS
which the sovereign gOveiIme.Ii ue congress OF the
United states Is to Judge not the Exeeulye nor INC 1ud,
cia tribunals. 1t Is question over when lhe udIa
tribunals have DO jurisdiction Ihey cannot Try pO,
nos s Of the C"VeTament Now Sir this
military authority continued by the PRESIDENT OF me
United states for time IN the absence Of any LEGISLATION
sy Congress- and rghfuly continued The President OF
the United States then, when this military power was IN
existence undertook TO inaugurate civil governments in
states Had the civil governments which ne under
cook TO nsngurate been managed by men true TO the
country aud loyal tothe flag they would have been recog
uzed and this whole question would have been setted
the Very men who set up the hostile governments
which cost much money and blood to Oyernrow-lOOk
Inc United States when II assembled finding thlf 10 be
the condition Of things and that the President haa VIII
drawn the military powers and et these goVernmehts IL
inc s war decided that they were not legal govern
Jnsnt bnt pIovisiona merely not absolutely null and
Void but existing by suerance only Congress then pro
oedsS ~ declare tatthere being no legal governments
in t60s Staeste military power should be restored and
should be exercised over those states until cII govern
erted 10 the op1ion Of the Attorney General which he
characterized as In many respects 1 S III
conclusion he explained the provisions Of the Dill before
az WILSON Rep., Mass regretted that the Commit,
tee on judiciary had reported the second section OF
the bin which authorized the Commanding Generals to
remove civil officers instead Of reporting section va
|afing al civil offices In the bOuth as contained IN the
liii y bch he CWison had offered He Deneved this
had beea done be advised last Winter the friends OF
RECOMMENDATION would to-day be 10000 20 100000 stronger
in the Rebel States than they Ninety mine out OF
hundred Of thesc officials arc dIsloya men, In some
mates thew are BEHAVING we'll There were no military
officers ia the South to detail for e.yi duties provided
in this bill; and there we're, Il would not be proper
them for that purpose.
MI. GoNKLING Gep.. N: " inquired Of Mr.. Wilson
%.;sfs The authority for the appointment by military
such appointed, what would be the nature Of the
Offices they heId-whether civil or military
Mr. WILSON eOntended that Congress has right TO
authorize military commanders % make these appoint
ents 10 the manDer he had suggested. The operation OF
e neessTv 10 pnt the friends Of the country into the
civil offices of the South in order to insure the success OF
men enough IN the South 20 hold these Offices. There
we're plenty Of them all through those States Mr. Wilson
moved to the bill by striking out the second sec,
ton and inserting in lieu thereof section yaeang an
civil Offices in the Rebel States and authorizing the mil
6tary commanders 70 I'LL them by appointments on real"
Mr. CONKLING denied the right to authorize military
commanders 10 appoint civilians, who Herc not ana
could not be- subject TO their authority Il might he
contamination deyOutly TO be wished but IL was sur
grounds on which it was based would already show.
fhe Judiciary Committee had considered the proposition
suggested by Mr. Wilson, and had concndeu laV inc
Mr. WILSON called attention 10 the fact that the Ju-
pasaed and Confirmed the acts Of military commanders
already done in removing ciy oieers ana appoPts
sheridan was right IN removing Gov Wells and appoint
ing Mr. Fiandes in his place II &c. ne would DC rgII ~
removing Gov ThrOckm0rtOn and appointing some Otcr
Nj CONKIfNO said It was true there was an apparent
Inconsistency here but the fourth section was retroactive
only and N not constitutional IL could at any rate do no
Dsetye IN its operations and If adopted and afterward
found TO be inopeative the whole system established
Mr. FRELiNGHUYsEE Rep,. N J) opposed the
amendment OF Mr.. Wilson. The bill OF the Judiciary
COMMITTEES rendered al the ciS WI e es he nee e fop
Mr. Wilson's proposition. Ne (Mr Freinghuysepl would
pcs sdd one o or one S Se 70 sud not sreO % vote
turn 1000 or 1000 civil Officers onr OF Once ne De