Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-07-10
CONGRESSIONAL.



-A
= WA1bEsDAr. July -. Il
UANAxxs bnafdiately after tue reading of
the 1oQr1ak HrlBumner moved that the Senat6
preeeeG tef9econsideration Of his rssolutioM
to rssolht the 1esolution OF Friday last s.
Su1pner, speaking on his motica, ssad
the resol2hon pf Friday was adoptedNhder Q
= MT3ydmA hull raised q question of order hat
discussion was NOT in order until thes06Aate
decided TO takeNpl Che resolution.
The Char decided Mr.. Sumner in order, and
he proceeded with his remarks, stating that the
resolution OF Friday was adopted under q mis-.
Ssy IN ,hs Ms
reading from the Globe to establish his posi-
ton He showed that 1T me session alluded to
one hour was given each day for the conside-,
ration of miscellaneous business.
Mr., Fessenden denied that the action of the
Senate on Friday was based on the precedent
quoted by Mr.. sumner II would be eeen that
In all the opposition to the resolution OF Mr..
Clay. there was nothing urged against its con
stitutionality. 1t was mere matter of bust
ness. as 70 the propriety OF which each Ssna
lieve the Senate voted under any misappre-
hension on Friday, bat that each member knew
precisely what he was voting upon.
his resolution and after further remarks from
him, the Senate refused 70 take up the resolu-
ton. ~ ~ .4t 1cu.
On motion of Mr. Trumbull. the reeonstruc-
terday was taken mp.
Mr. Howard took the floor. He was glad,
he said, that the Senate had proceeded, 81 this
early moment to the consideration Of this bill,
The peculiar views taken by the ATTORNEY
General Of the United States on the recon
strucrion acts OF Congress, and the apprenen
majority OF them, that the President OF the
United States, in the execution OF these acts
may or wiHDe governed by the conclusions al
which his legal dviser has arri we'd, has doubt
q eQy N
OF Congress on the Sd of July He fMr.
Howard) proposed to Ask the Indulgence Of the
in review some OF the arfurnsnte Of the A,tor-
nsy General respecting The meaning and In
tent of the acts OF rec0nstfucrion already in
.ais nc He a,d no.beeye that upon any
was any ecessity Tor additional Legislation,
whether In thesBape OF Hmendatory, supple
mental 'or ueelaratory acts! Hensiieved these
acts contaiBed all that was necessary for car
rying out the policy OF Congress In regard to
I res obstruction. ana that il they had been pro-
perry construed. eif correct advice HID been
given 70 the Pfesident'as to their tine p tlr-
port, Congress would not probably have been
under The necessity of assembling here in
Wasnineton TO spead any portion o., the hot
nature and extent OF the powers given to the
I districti commaRdefs by the act 81 the I'd of
March. We a usti look eare1dIly at tAe lang uage
have done, the reasons and the icircums ces
mpelline Congress, as they daily announced,
to the enactment of SO unusual = system Of
IN the rpampliIet shst ri t6e" ten States
there e1Iet me legal State government
land adequate protection for life, liberty, or
il saiatsa sna
Otfac they were such govern naenfs as has had
been establ,shed hot W Uon gress., the supreme
Ia wing POWER OF. tho land NOT BY the loyal
peoples OF aabse States acting freely by sponi-
taneous impulse for the; whole .Sommunitr as
was .ithe 1cAsen III. West y1fginia, nor by
the Tsse1s ,pe6pie acting Freely. nor by the
but by 'tneu order and decree OF the Exetu-
tive, .aouAg without the knowledge or
consent z6f Congress- That functfonafy
by the assassination of the President eiecred
by the people, acting under the influence of
bad passiens'and bad advice, seizrng upon the
most critical state OF affairs, produced by The
surrender Of the rebel armies, took UPON hnn-
self the cficeot State maker for the ten States,
which were devoid of all State rights and pri-
pileees. as he himself has often declared lying
so many heaps Of snapeless poiiticaI ruins. He
assumed Of his own good Will and pleasure.
without any act'of Con gress, IN utter deroea.
ton Of thepowers Of Congress, 70 grant to these
which by the laws NJ nations and OF wor is an
inciddnt OF the occupation Of an enernyfs conn
try, but political rights and powers as States
He clothed them with Iegisiaeive authority,
with judicial and administrative functions
and the additional right of electing Senators
and Representatives to Congress-. Ali thfs he
did without law Or constitutional warrant, in
manner and spirit unknown to our history
and known only to despotic governments 1t
was the first earnest and formal attemyt to in.
itroduce practically iuto our government the
SYSTEM has been our boast and true glory
II cannot be denied, even the Preident canpot
deny that he exercised unlimited powers. DO
iItical and legislative, over the subiugated
States. Ii cannot be denied that MS ohiect
was 70 lntrod uce into Congress in December
le65, representatives hostile to this Govern
ment, hostile 10 its presentation, and hos,ll
to its policy, with no security for their futur
good beha vfour, but the promise on oath
men who, by TENS OF thousands, had wantonly
broken their oatns to support the constitution.
1t cannot be denied that the Presidents
scheme was to reipstate the rebels 10 their for
mer powers and privileges, without exac.iup
any security against the occurrence of the re.
he!ioH, or without Introducing proper safe.
guards against their influen ce for the future
After further remarks in opposition TO the
Presidents policy Mr.. Howard revie wed the
direct opposition, he said. to the veto Of the
military bill, which. it was understood the
Attorney General wrote, and which he Ger
tainly must haveendoFsed as the legal adviser
OF the President. The fun damental views of
The Attorney Genera, was IN proving the fact
that these rebel STATES had been subiurated,
and had lost their rights as States. -
Inc question was then taken on the amend
ment Of FAR. Wilson, offered yester tlay, TO
amend the second section so that the command.
ing generals may appoint civilians 20 offices
vacated under this section. The appointment
Was agreed to. - -, -.
Yeas Wessrs. Ca;tell. Chandler. Cragin,
Fowler, Harlan, Henderson, Howard Howe
NorTin Of Me, Norton. Il We. Pomeroy, Ram
ssy, Ross, Sumner, Thayer, Tipton,. W ade,
! Eays-Meslrs. BuckaIe W. Conklng Davis.
Dixon, Eamunds, FessendeI, Freilnghuysen.
Grimes, Hendricks, johnson, Morgan, pat.
terson OF Tenn, TrumbuII Van Wrinkle and
Williams-15. ~.
MI. brake moved to amend the sixth section.
which debates the intent and meaning of the
oath prescribed In the suppIeme ntary act, nv
inserting the words sswhIle holding Hny such
ONCE, orr so m to make the clause read ssthat
notperson whip has been . member of the Leg.
is1ature OF any State, or who has held any ex.
ecutive or JUDICIAL Office in any State whether
he has taksn Az oAtn to support the Constitu.
tton OF the t1iEed States OF not, while boIdinr
any such o11ce as Aforesaid engaged l., mani
recdon or rebellion, etc.
Mr. Trumbnll did not believe this amend.
ment was NECESSARY. ~. =
Mr.. Drake was Of opinion that cases had
already Arisen In the South rendering 1t neces
sary. At all events he thoughtit could do mo
harm. and he hoped the Chairman of the In
einry U0mntttee would not object to 1t. ~
: DIR. Sumner said his attention had been
called TO this snbjectby two gentlemen from
Virginia. WAC spoke to him Of the necessity
forsuch apFovision as was now proposed.
Mr Johnson said the eject Of the amend.
mont would be to exclude from registration ali
who held oface OF any Find Ia the Sout n dur.
ing the rebeliion. There were many in TIA
South who took Office for the cake 81 the rood
they could do the Union cause, as was tho case