The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-07-10

No one here had srticlsed . word OF that
opinion. II had been said that the President had ex
fenced the time for sraton In Louisiana: but he
had proposed To extend time not by two months long
IL proposed In the pending bill. Mr. Eidrides
Sheridan had proposed 70 cIoss the registration in New
Orleans on 30th Of june and In some OF the other
parishes on the lob OF july and that the President had
autographed him that the time short for regis
ra,on and that there should b allowed for tins par
pose until the LIST Of August Was there, Mr. Eldridge
asked, obstruction Of tho law in thisf II seemed
remarks by the expiration Of the time 70 which he was
limited.
that small portion OF the blame ror the OF the
President since Congress- adjourned cbargeabe TO the
70 an indsncl knowledge OF the condition OF the coun
try which we were legtsaiina for had all
agreed have since agreed that the States lately
In rebellion were conquered territory, and sub 10
this nation conquered territory aud II ed
them accordingly We should have had but very little
nrinso. Of the samssou Of new s,sS In, -. ware
all perfectly prepared for 1t In understanding OF
the laws OF nations, nor IS wonderful that should
what suppose 70 have been our real condition The
nation afflicted with a civil war which for time
mlons o. inhabitants claimed that they DO longer be-
longed 10 this Union; they set up an independent gov
eminent; they formed all the machinery Of govern
ment, both OF national government and Of . state
under that national government and they raised large
armies defend their pretens0ns At the period when
We declared blockade We admitted them to be
not an independent nation but an indepen
e eea al the privilege. sna saS aa 70
all the liabilities OF an independent beigerenI
The nations OF Europe treated them We 80 treated
them IN Short there be doubt Of the fact that
We we're then at war as two Independents nations II
depended the conqueror whether he would treat the
one that sanqns he'd after the vanqnished
nation whether he should punish him for violation of
sovereign rights Of tho nation in addition. We
ouered What did we couquerf We conquered the
Confederate governments conquered all the States
forming the Confederate government; We conquered
trht hU nuvn rtwoA
allegiance to the government OF he United States
That they should preteud after that that they had
dated and attempted destroy and that they were still
States within the Unon, asserted by tho gentleman
from Wisconsin (Mr. Edridgel looks to me like bold
absurdity. Yet that was the doctrine Of the Presi
dent; that ID the doctrine which gentlemen
are lighting about We declared them TO b. conquered
provinces; we were treating them under military law
Now, what IL the law n reference to provinces
quered from foreign independent begerent? When
you conquer from foreign nation or from an inde-
pendent belgerent the territory that Is conquered Is
governed by military power, by lhe Commander-in-
Chief OF the army-who In this was tho President
until the legislative power Of the nation shall have
spoken and directed what laws shall govern But the
moment that the legislative power Of the nation inter
poses, the military authorities cease to exis and The
Com handler in Chief OF the army has more say
It than corporal in the ranks He has say just what
that legislative power orders him TO say be has to do
just what that legislative power orders him to do. and
he DO nothing eise great deal Is said about the
President acting as Commander in-Chief Of the
army while he was superseded in his authority
by Congress- ! have FAINT to md with
his maintaining military rule But he assumed to
exercise legislative powers; he assumed to establish
governments; he assumed 20 appoint civil officers he
assumed that that conquered territory should receiv.
back precisely the constitution OF the loyal States and
be entitled TO all the privileges they had No part
that t. ,ss within shS owss o. the
the Indian in Nebraska Congress orders them go
there. What do tho officers do They pass no act Of
egsatiou they there and order these troops when
to charge and when to retreat; they drill them; they
put them through all tho military exercises They
do no act which looks like regulating the object
of the war the object Of the army. Tho constitu
ton takes reservation to show that there can
be such power; 1t expressly declares that Con-
regulations for tho government Of the land and naval
forces OF tho United Satea Tho Executive has nothing
to do with It; the judiciary has nothing TO do with It,
and articles OF Can the President OF the United
States interfere with themp Can he add articles,
new rules. regulationsf No such thing. The mill
tary officers that sent commissioners these
States simply appointed as agents Of Congress.
To be sure. originally, the bill provided military super
vision simply and had intended TO follow II up with
law putting reconstruction into the hands Of civaus.
That is what should have done and what had been
chooses 70 take sh.w the
assign them 70 that duty they then become agents
of Congress And neither the President nor any person
under him has the right TO interfere or do anything
but exactly what Congress has said. Il can be
reduced, think, to plain proposition that Congress
the power that can admit these OUTLYING statea deny
the President has any right 70 call on the Attorney
General on any other branch OF the government to
interfere In any act Of such reconstruction There was
but one appeal-that 70 the agent appointed By
Congress- 1t ought TO be known before this to the
IL this psrictthat the consti.ution Of the United
States does not apply TO Territory The States are
parties TO the constitutions they are the constructing
powers; they the substantive body. Territory, how
ever acquired by purchase conquest, by Inherit
ance IL the property only Of that substantive power.
power alone governed BY tho constaon bu; does
not extend for purpose into any Territory or con-
quesd province Why then talk about the constitution
regulating the action Of Congress In . province,
in Territory, in STATE whether conquered from legi
mate State, Nightmare state =? may be asked
how one would the Confederate states Of Amercaf
citizens subjects; their lives their liberties are
.ubject TO the supreme will Of this BODY always con-
troed the laws OF nations the laws of and tie
laws Of human u There IL ne other power on earth
thcre branch Of the government there Is no power
in the government except shat have mentioned, that
has any right TO interfere 10 say word the
subject II you wish pun sh the malefac,or for vio-
lated majesty that 10 another question. Possibly you
might do through your courts OF prsctceat least
YOU might attempt IL; but / do not suppose
you can DO IT, But there lie one thing clear.
that territory not being yet declared BY Congress
70 DO In Q Of peace restoration, is under the
military authority OF tho government; and any tribunal
constituted by the military authority any mltry tri-
beon ed to the bsgerent forces. Jenerson DAVIS or
any OF the confederacy conquered by US Is this day
subject to trial by military tribunal II had my way !
would long ago have organized military tribunal under
military power, and would have put Jefferson Davis
and all the members OF his cabinet trial for the
ers ct Andersonvile, the murders at Salisbury, the
shooting Of prisoners Of In cold blood Every
man OF them ID responsible for these crimes II was
mocksry to try that wicked fellow, wirz, and make him
sibe which the Confederate cabinet
guilty Of OF course they should be condemned who
her they should be executed Afterwards give no opn-
ion would carry out such punishment rs ID my judy
ment justice Of the country required would carry
out through The legal tribunal that have mentioned,
and which Is much the legal tribunal Of the land
the Supreme Court OF the United s.atss That Is my
view exactly Of what would be logical Al 10 the ques-
ton Of connscation, think that man who has muir
dered Q Thousand mon who has robbed thousand
widows and orphans; who has burned down thousand
houses escapes well IT, owning hundred thousand dol
lars be Is fined fifty thousand dollars as punishment
and to repair hts ravagea said before that was not
in favor or sangunary punishment trust In saying
that that need not be supposed 70 condemn them
when they are necessary For instance the camor
has been raised against the Mexican for the
heroic execution Of murderou and prates-tsome APP
some hIsses)--inat clamor nuds favor with me- l
think that while he has gone Ear enough, though not
half "A far A. ght be justified IN going yet there
M poiicv under aud OF Justice