The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-07-21
ORDER ENFORCING THE EIGHT HOUR LAW

WAsHNGrON, July 2O.-The artist Leutze died
yesterday
The Senate has confirmed R. W. Mullens. col.
ectoT of cus toms at Teche, La; B. II. Smith,
internal revenue collector for first South Carolina
district and rejected A. r. Wallace, postmaster
at Montgomery, Ala.
In vetoing the electoral college bill, the presi.
dent maints rs that the Southern States were
never out of the Union. and declares that they
were practically and constitutiOnally restored
previous to March. 1867. Narrating the prOvi.
sions of tine Constitution, the president says the
joint resolution, by implication at least, comedies
that these States we're States by virtue of their
organization prior TO the 4th OF March, 1861. but
denies them the right to vote in the election of
president and vice president Of the United States
Il follows either that this assumption of power
is wholly Unauthorized by the Constitution, or
that the States 30 excluded from voting were
out of the Union by reason of the rebellion, and
have never been legItimately restored. Being
fully satisfied that they were never out Of the
Union, and that their relations thereto have been
legally and coDstituuOnay restored, am forced
to the conclusion that the joint resolution which
deplves them of their right to have their vote for
president and vice president received and counted
is in conflict with the Constitution, and that Con.
gress has no more power to reject their votes
than those Of the States which have been uni
fOrmly loyal to the federal Union. 1t is worthy
Of remark that il the States whose inhabitants
were recently in rebellion were legally and con-
stituOnally organized aud restored 10 their rights
they were,) the only legitimate authority under
which the election for president and vice president
can be held therein, must be derived from the
governments instituted before that period. II
clearly follows ID at all the State governments Or
ganized in those States undsr the act Of Congress
for that purpose, and under military control, are
illegtimate and Of ne validity whatever, and IN
that view the votes cast in those States for pres
ident and vice president, in pursuance OF acts
passed since the 4th of March, 1861, and in ODE.
dience to the sO-called reconstruction acts OF
Congress, cannot be legally received and
counted, while the only votes in those
States that can be legally cast and count
ed will be those cast in pursuance OF the law
in force in the several STATES prior TO the legisls
ton by Congress upon the subject of recon
siructicn.
The president proceeds to argue that while the
people Of the Southern States were not in rebel
lion, some people of the Northern States were iu
rebellion, and that the act for exclusion applies
logically, equally to New York and Virginia.
The message concludes: If Congress were to
provide by law that the votes of Of the States
should be received and counted if cast for a can.
didate who differed in political sentiment with
majority of the two Houses, suchlegisatOn would
at once be condemned by the country as an un-
constitutional and revolutionary usurpahon OF
power. 1t would, however, be exceedingly difi'
cult 10 find in the Constitution any )re authority
for the passage of the joint resolution under con-
sideratiOn than for enactment looking directly
to the rejection OF ali votes not n accordance with
No power exists in the Consultation authorizing
the Joint resolution, or the supposed laW-the only
difference being that one would be more palpably
unconstitutional and revolutionary than the other.
Both would rest upon the radical error that Con-
gress has the power TO prescribe terms and con-
dtions to the right Of the people of the States to
cast their votes for president and vice president.
.SeBdte-The rights Of naturalized citizens
abroad was discussed all day, interrupted only
by the reading of the presidents veto message
and the passage of the electoral college bill over
the veto by As TO S-the Southern senators except
| Pool who was absent voting with the majority.
The Senate then went into executive session and
| adjourned.
House-The credentials Of Lush, from North
Carolina, and Bowen, from South Carolina, we're
| referred to the election committee.
| Jones presented a bill extending the provisions
Of the law of July 4th, 1864, limiting the lurisdic.
| ton of the court of claims over North Carolina.
| Referred to the judiciary committee.
| Winnie Ream was restored TO her studio In the
| capitol by resolution.
Eldridge of Wisconsin, asked leave TO offer
| resolution requesting the secret ary of war 10
| communicate 10 the House the names OF persons
/ under sentence Of military commission or courts
martial, at the Dry TOrtugas, the crimes with
! which such persons are charged, and the names
| of persons in confinement by order Of military
! commissions at Atlanta, Georgia, and Charleston,
| South Carolina.
! Schofeld, Of Pennsylvania, objected, and Ell.
| drdge Withdrew the resolution.
| Lssh, of North Carolina, and Bowen, Of South
! Carolina, were seated.
Mullins, opposing Bowen's admission, said /:
| Bowen was born in Ohio and went to South Caro-
| lima ten or fifteen years ago. When the rebellion
| broke ont he Voluntarily went into the Confede-
| rate service, accepted commission as captain,
| and was subsequently, promoted TO major, prooa-
| bly for his gsantry in shooting down Union men.
| While q msjor Mullins was reliably informed)
| Bowen killed his rebel colonel, but OF this he
| (Mr. NJ } would not complain. For this act Bowen
| was incarcerated and put in irons, but was re-
| leased when the federsls advanced. He then
had one Of two things to dO--either to be hung or
| Join the federal forces. He ddthe latter, and he
| (M) was Informed By Gen. Sickles himself that
| in the federal army Bowen acted so badly That he
had to be incsrcel ated by the federal authorities
| When the war was over he became a radical and
adopted the faith Of franchise for the black man.