The New York herald., 1868-02-11

he asked ,sa. as The funding ul cor gold contracts
the subject the petition should be s as On tho table
the on s.f %sSP Of ps. q 9. the s .Ss ss
passed. -
Mr.. FEssEkpEs on ~ : resouuon M ,ps,ructips the
Committee Of me sanct Of Columbia 70 inquire into
snrnsd sro s forcble sjsctment from the horse
OF sGs nsew9 On account Of race on Saturday last
~ 'sALs., tdsm.l Of Pa, obscung It went over.
u, NAIL STEAMSHIP SERVICE WITH CHINA.
ny PoHxnes rep.l o Kansas introduced . Joint
70 70. 1uuon relating to the Ocean Mail Steamship Com
Y.ny service between the United States and China.
Post Roads
vEssEIs CHARTERED DURING TIE WAR.
MI DAVIS, idem.) OF Ky. called up his resolution ask
ing information from the Secretary Of War regard to
cnsrseTng and hiring vessels during the war.
Mr. EDxuNDs lrepl Of W., moved shat it should be
referred to the Committee on Military Affairs
Mr. GRIMES, (rsPl OF Iowa. thought the resolution
quartermasters except the Of General Banks
expedition No compensa,ons made to The agents
went OveE
THE INDIANS
Mr. HENDERSON, (rep.) of No., introduced bill 10 set
apart territory for the Indians Nevada other Ter
rsores also authorizing distribution OF surplus oil
feYrod 10 the Committee on Indian Anaira
THE RECONSTRUCTION BILL.
The Senate then took supplementary Reconstruction
bili
Mr.. HARLAN, trep) OF Iowa, addressed the Senate.
He said the existing State governments Of the South
had authority their affairs any
than those Of other staea He pointed out that
Senators the other side every department tho
government, including the Judiciary, quoting tho
opinion OF Justice Chase in regard North Carolina,
llegaily. de then argued thai those govern
ments had exercised, with the acquiescence OF
they we're republican in FORM The as resident and
Mr. Johnson had both refused to acquiesce in propO-
sions Of Governors Of Virginia and other States and Of
tn tn tharth hair
aturos under existing organizations TO exercise the unc
lions Of government. The egay Of those states, tnen
them, and could be removed only by the action OF the
government Nothing in the local State the
United states laws authorized tho formation Of those
governments, In tho constitution OF the United
States unless found In the clause authorizing Congress
declare government republican In FORM The existing
governments neither the fruits Of law the
voluntary action OF the people, who did just they
we're compelled 70 40 by tho Presden and no more and
| they had not been recognized by congress, and
Congress had not seen III to cure these defects
| by recognizing them. 1t had been claimed tnas the
guarantee clause only empowered Congress decide be-
tween two governments which republican form.
But Congress could do thai could decide that neither
Was just as It could In the case OF two Senators contest
ing seat In reply to claim that Congress had recog
nzed these States such by submitting To them
sututonal amendment, he repeated that Congress had
not submitted III that had done by Secretary
of state. He read from reply by the Secretary OF state
OF inquiry Provisional Governor OF
South Carolina stating neither the constitution nor
laws REQUIRED the submission or tho constitutional
State could be legazed by State, but only by
the national government nstanclng the OF Terri
tories applying for admission as oates 1t had been
claimed mat had been committed the admls-
sion OF those STATES by the action President Lincoln
in inaugurating President Johnsons policy He knew
policy was not in Mr. Lincoln's handwriting,
as claimed by that Senator. The Secretary Of
War had said In his testimony before The Recon-
struciion Committee that hc assumed the authorship
Of the proposition. Tne President, communicating
freely TO the reporters oI the press and Others
ccs in the Cabinet had precedsn, that perhaps il
would not De improper for him TO follow in stating that
what had become the vital feature OF policy
had been approved by majority of President
Lacons Cabinet The Assistant Secretary OF the Navy,
then In charge OF that Department. the Secretary OF
War, tho Attorney General, the Postmaster and
the Secretary Of the Interior had insisted that suffrage,
in some FORM should be granted TO the coored popula-
ton OF those States Neither did the President himself
regard these organizations thus perma-
nen States nor take such ground until late 1865, just
before the assembling Of Congress- He q comrnuni-
cation from Provisional Governor Sharkey, of Mssis-
sippi, complaining that Of q murder by negro
q punishable under the law General Slocum
had refused to regard habeas corpus reply from
the Secretary of state that the President
PROVISIONAL and would remain until the civil author
y restored with the approval Of Congress- that
the meanwhile the military could rot DO Withdrawn
He also read communication from The Secretary OF
State to the same effect In reply to communication
the Governor of Florida. President Lincoln on
subject had policy, but had declared when
urged ON the subject that having policy wha. he
especially wanted to avoid as not 10 be trammclled
He reforred 10 the Winter Davis bill OF 1884, which had
reached President Lincoln hour before the adjourn
monr OF Congress- and read from President Incoln's
TO follow any plan hut that he willing to adopt
the principle of the resolution in regard any
read from Mr. Lincon's last public utterance in
speech here the declaration that bad
promise better broken than kept whenever
he was convinced that 10 break his promise
to Louisiana and Arkansas for the public
interest he would break it, In that same speech he had
avowed his unwillingness to adopt any fixed plan he
Mr. narlan) believed that fallen statesman would
have DISTINGUISHED many rebels. but would have
franchsed most II not all OF the blacks He read from
the OF the Reconstruction Committee
the dsloyai condition OF the Southern States and he pre-
babiiy that they would eject Senators and Representa-
tves who mad been active participantsn the war
they could would repudiae the national debt and ex
pressing the opinion they should not be admitted
without proper guarantees That report was signed by
jury VI most experienced and distinguished states
recognize those illegal organizations He referred
to the case oi Mr. Thomas, OF Maryland, who he said.
had doubtless sympathizcd with tho rebellion The
claim that the oath should bc left the Of
members elect he llusraed by the action Of
johnson in advising that returned soldiers could take
the oath, because the law was
Union policy OF the State OF Mary land at
the State election and that had been the result The
opinion was held by many in regard to the Law
prescribing tins oath. He then alluded the Of
senator Patterson, who, he said could not subscribe
truthuy to the technical words OF the oath. though
he impuod no improper motive TO him in taking It, The
Judiciary Committee reported joint resolution repeal.
by the HouscI and he had been called upon decide
for himself, and concluded TO take the OATH
Mr.. PATTERSON, tdeml OF Tenn rose to correct the
statement, and said the Judiciary Committee had
ported In favor OF allowing him to take tho OATH The
Chairman, however, submitted a resolution to modify
the oatn far he concerned, and that been
nor-concurred in by the House and said he q. took
The oath. could do 1t again. could DO IL every day.
Mr.. HARLAN continued saying he supposed the sena-
had taken the oath tho theory that "while the
letter keth the spirit maketh slive." He could not
take II truthfuly according 10 the letter. but was
CONSCIOUS that II was from patriotic motives and for
protection OF his Union neghoors in tennessee that he
mad taken the oath to support the confedsracy Mr..
Harlan again referred 10 the opinions OF Senators the
other side In regard 10 this oatn
Mr HESDRcKs, ldem.) OF Ind, said that he had al
ways asserted that while that ths statute
bouks he would not vote allow any TO take mis-
seat If in taking the oath be had 10 falsely.
Mr.. HARLAN asked the senator had declared the
law unconstitutional
Mr. HENDRICKS replied that he was not in the Senate
when the bill was passed; but the question OF the
admission OF Senator Bayard or Delaware, he had
pressed the opinion that Congress could add quali6
cation 10 those required OF senator by the consl.
tuton
Mr. HARLAN then pointed 20 the inconsistency OF set.
ting that oath up barrier, which current history
showed from the action OF Maryland, what would be the