The New York herald., 1868-01-24

little remarkable that y embraced sh tns men who
- Ss ss s S. senator s :. r.
fought and ssssd s...u Il: sSsn. men He .Ss Denied
danger He did mot kRk that senator and his associ-
a.ss nsd me power y psr! II bu. s only possible
made Rsel,iny shs progress or the soahsrn Convsn.
ss.a them S s w,: going On and r1oa
the military dospotism which SO alarmed the Senator.
why csad ne not Join in their endeavon 70 give those
SAIes republican governments and place them in the
han1s OF loyal men, They had only 10 stand by those
measures 70 witness their speedy accomplishment The
senator hnd complained that Congress- would
nos modify its policy. Certainly not; they
had adopted, after deliberaion their excellent
plan Tor recenstructon and restoration il the best
possible yet the bsst they could agree upon No fatal
detects had been found in IL and the amspdstory acts
tion He hoped future legislation they would adhere
70 the original intent Of Congress In reply 10 Mr.
Dooilttes assertion that they intended 90 place the
South under negro CONTROL he pointed Of
the white over the back population all states bus
the fault OF that Senator and such speeches his The
senator claimed that tn few leaders dsfranchsed
brscsd all the brains aud talent OF the South and no
had been frank enough say that the majority OF the
Southern whites had been opposed 10 the rebellion
They were forced into it, then. by these very leaders,
~no were therefore the last to be entrusted with
suthoriy SO the charge that it was sought to establish
negro supremacy was untrue Even in the southsrn
Mr.. Dooiules argument that they had recognized the
validity OF tho Southern State by submit
tion he replied that IT might well be claimed that
President Lincoln had recognized them by going down
10 Fortress Monroe TO negotiate with them Had these
! amendments been ratified doubtless Congress would
/, have recognized them valid governments. bat they
ed not Congress after waiting patiently 10 see what
would be the result OF Presidents attempted reor-
ganzation, and finding that they would certainly
go into the hands OF the rebels took necessary steps
reconstruct them in accordance with the constitution
and safety and peace OF the country. He denied the
Senator's IS claim ;a, they were not willing these States
ortanized sothat they could be received States 10
the Union. The territories and people then. and
the people OF South Carolina had boen much subject
TO the laws during the whole Of the rebellion in loyal
point OF view before it, They destroyed their State
organization and could perform no political act requiring
such organization hence they could Senator
the constitution requiring Senators to be elected by
the Legislature The rebel Legislature they elected
| in 1862 not such is contemplated by
the constitution having taken an oath not 10
support the constitution required but TO sup
port government up IN opposition to tho
United States; therefore their representation ceased
The rebellion had gone on until the civilized world in
Guiding judicial tribunals and Congress. pronounced IL .
civil war When that rebellion was overthrown and
| General Sherman took possession Of South Carolina
there being there preserve the peace anarchy
must have ensued had they not bcen controlled by mill
| tary authority for time until the people could be
| organized in harmony with the United States which
President Jonnson undertook TO do without convenng
| Congress and failed Had the peoDle, voluntarily
aband ming their hostes in 1865 called coDventon
recognized the rights OF all men and the extinction
| OF slavery and the authority Of law, they would
| have been recognized by Congress. Suppose they
had set up monarchy; was it contended all must re-
cognize IL? II no then Congress WAS the Judge, and
South Carolina thcro was none. The constitutional
amendments were submitted TO Southern States by the
Secretary OF sate not Congress though even had they
done il it wonld not be, IN his Judgment an act Of re-
coeniiion. Had thoy adopted H. however and done well
IN other respects probably Congress would have recog
would ceasee When rebellion was put down. Could
General sherman He was creature Of The law, sub
ject to the regulations OF Congress- Could the Pres
delt9 Was no anything more than General Sherman,
except as conmander-in-cniei As President he could
only that laws faithfully executed, and
IL Sherman could not set up civil government
In the south, they bound TO recognize, neither
could Andrew Johnson, his power over them being
Commander-in-Chef and not President far as 1t
differed from his power Ohio or Illinois No line
word in the consultation gave any such power Az
Command Chief, then, he subject the regua-
tons OF Congress, the Legislative Department. which
had decided that legal governments existed in the
South That ended question Neither did the ques.
tlon belong to the Judiciary As well might the judi
armies INTO rebel p st States as decide what SoVs
| ernments shall be are established. Could
they issue mandamus TO compel military
commander to leave these states when Congress
/ had sent HIM thcre TO preserve the peace,
making use of the local tribunals or oyaI organizations
with power to remove them il they prove obs,rucuons
Aer replying to Mr. Dootties plea for the suffering at
war had brought 90 .he Worth he said ha. during The
war he had favored making rebellion odious by melting
out to rebels the treatment they gave to South
| by con1scaon and otherwise Now however. he
favored restoring them with the exception OF the lead
ers, equality with other citizens allowing them
vote perhaps all OF them though not all TO hold
Office How then the Senator taIk OF their taking
| away the pardoning power Even the constitu
| some extent and tha. took away the pardon
| ing power as much as did the constitutional
amendment In reply TO Mr. Dooiittles remarks about
| the affecting the majority Of the Supreme
Court he asked how he knew that three favored and
/ FIVE opposed 10 the Reconstruction acts. He
/ had heard enough about this charge II Is be true
he continued that i've judges of the Supreme Court
unconstitutional, say those Ave judges Infamous
and ought TO be impeached to-morrow-just "A
| il comes before us. II II be untrue brand liars
| those who assert H.
Mr. JOHNSON asked upon what information the Senator
1 Mr. TRuMBuLL said the Senator from Wisconsin had
| spoken Of H.
Mr. Jonssos regretted TO hear that and did not believe
| the story to be true IN point OF fact
! Mr. TRunButL.--kor do j.
Mr. JOHNSON agreed with hm in censuring IL II II
was 30
Mr. TRuxBul1. said he had much respect for
them 10 believe it The Senator from Wisconsin had
said that tive Judges expressed such opinions but
that attempt made to subject them 10 provision
preventing three judges from deciding such questions
He presumed the Senator from Maryland had the
reports The newspapers heard them In ,he streets
/ Mr. JogssoS denied having seen them, as he seldom
reads newspapers and again expressed mis- disbelief OF
1 them.
Mr. TRUsBuLL speak Of the hesitation with
which the Supreme Court had first concluded they had
aright 10 declare act OF Congress unconstitutional
Independents of political questions he thought that less
than majority twohirds Of Tho whole court should
never be permitted to pronounce an act unconstitutional
by reason OF repugnance TO the constitution. When
bill VETOED by the President required two-thrds
OF The representatives OF the people OF the Union to
| make it law. Should three out OF eight judges
then, he permitted TO gay should be no lava trbu-
any case why place court above themselves
| which would be the oven two.tbirds
| could set aside what two.thirds did Possibly
II would not be going too far TO require q UNANIMOUS
opinion Of the whole court These questions for
careful deliberaton and he sorry that they
| lugged into the discussion. They had nothing to do
| with this question.
/ Mr. JoBSsoN-rhey do not belong N u.
Mr. TRusBuLt, aluding 10 remark about the Chief
Justce, went 10 he hoped they would act with
reference to the beat interests or tho country and
any mans interests In the Presidency 10 the passage
OF such He again denied that any
attempt was being made TO establish negro supremacy
| Many more thousands OF whites went tho polls
in tho rebel States and than disfranchised
and though many had been deferred from voting, for
one he would never 10 modify the policy requiring
the States 10 be placed in the hands OF loyal
that they should be turned tho punderers OF the
nations wealth or tbo would.be murdersrs Of the ma
uon's life
4
The Committee OF Conference the Cotton Tar bin