The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-07-21

lf.RoM TEE ASSOCIATED PREss.l "a ~
| THRyETo OF THE ELECTORAL COLLEGE BnL-A
SOUND ARaUHENT-THE HORNS OF THE DuzM-
| MA-AIh THE SOUTHERN STATES ENTITLED 10
VOTE UNDEk THE CONSTITUTIONS OF 1866-THE
| SAME Ru1E APPLIES TO NEW YORK AND v1R-
GINA. - 80 .essssiG -
WAsHneroN, July 2O.-The Senate have
confirmed E. q. Smith as Internal Revenue
Collector for the First South Carolina Dis.
trict. (. -. = re-. - ;r.5ca s.
:Thertist Lentze died yesterday.
In Yetoing the Electoral College bill, the
President maintains that the Southern States
were never out Of the Union, and asserts that
they we're practically, and constitutionally re-
stored previous to March, 1867. Narrating
heproyisions Of the constitution, the Presi-
dent says:
ls.The joint resolution, by Implication, at least,
comedies that these States we're States by
MrSua,: OF their organization, prior to March
An, 1857, but denied to them the right TO vote
IN the election Of President and Vice President
OF the United States. ,3a 81 ,6. ss4i..,:.'-
Ii follows either that. this assumption of
power is wholly unauthorized by the oonstitu-
| tion, or that tha.states 30 excluded from vot-
ing we're out of the Union by reason Of the re-
belion, and have never been legitimately re-
stored Being fully satisfied that they were
noTsr nnA o&thsUaion, and that thoar relations
thereto have been legally and constitutionslly
restored, Tam forced to the conclusion that the
joint resolution which which deprives them OF
the right to have their vote for President and
Vice President is in conflict with the constitu-
tion, and that Congress has no more power to
reject their votes than those Of the States
which have been uniformly loyal to The Federal
Union. a -
II is worthy Of remark that If The States
whose inhabitants we're recently in rebellion
we're legally and constitutonally organized and
restored to their rights prior to the fourth Of
March, 1867, as Il am satisfied they were, the
only legitimate authority under which the
election for President and Nce-President can
be held therein must be derived from the
governments instituted before that period.
It clearly follows, that all the State govern
ments organized in those States under acts
Of Congress- for that purpose and under mill
tary control are iIlegitimate and Of no validity
whatever; and in that view the votes cast in
those States for President and Vice-President
in pursuance Of acts passed since March 4,
1867, and in obedience to the so-caned Recon-
struction 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 laws
in force in the several States prior to the leg
islaton by Congress upon the subject Of recon-
struction.
The President proceeds to argue that the
white people Of the Southern States were not
inrebellon, that some people Of the Northern
States we're in rebellion, and that the pretext
FOR exclusion applies with equal logic to New
York and Virginia.
The message concludes as follows: * =
II Congress were to provide by law that the
votes Of none of the States should be received
and counted, if cast for candidAte who differ
ed in political sentiment with q majority Of the
two houses, such legislation would at once be
condemned by the country as an unconstitu-
tonal and revolutionary usurpaton Of power.
1t would, however, be exceedingly difficult
to find in the constitution any more authority
for the passage Of the joint resolution under
consideration, than for an enactment looking
directly to the rejection Of all votes not in &C.
cordance with the political preferences Of q
majority of Congress. No power exists in the
constitution 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 Congress has the power to prescribe
terms and conditions to tbs right Of the peo-
pie Of the States to cast their votes for Presi-
dent and Vice President.
In THE SENATE the Naturalzed Citizens bill
was discussed all day.
The Electoral College bill was passed over
the veto by a vote Of As to 8, the Southern SEN
ators, with the exception Of Pool who was ab-
sent, voting with the majority.
IN.rHE HOUSE the credentials of Leach, from
North Carolina, and Bowen, from South Caro-
lima, we're referred.
"A bill was presented extending the provi-
sions of the Law of July 4, 1864, limiting the
jurisdiction of the Court Of Claims over North
Carolina.
Yinie Ream has been restored to her room in
the capitol.
MIR. Eidridge, Of Wisconsin, asked leave to
offer a resolution requesting the Secretary OF
War to communicate to the House the names
Of all persons now under sentence OF military
commission or court martial, at the Dry Tor
tugas, with their crimes, and the names OF
the persons in confinement by order OF mill
tary commission, st Atlanta (Ga.l and Charles
ton, Is. C.) Scho6eld objected, and Elerldge
withdrew his resolution.
Leach and Bowen we're then seated. Null
Inns, OF Tennessee, in opposing the admission
Of Bowen. said that Bowen was born in Ohio,