The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-01-17

DO liquidated dollar Tor dollar IN good souo cVn nv
| the faith OF the government be thus maintained. Ile
Congress had something else do besides stopping TO
impsach the President II that failure 70 impeach were
mdiy the part Of the House. he could say 70 those
who 30 believed that they would find themselves N
rebel States should never come back except as loyal
states and they would eight it out on that line Il u
took al summeLm II distractions were placed In The
way o. the republican party those distractions would
DC, win the blessing OF God removed.
AZ me suggestion Of Mr. BINGHAM (spl Of Ohio,
four until soy m9uss 'ase recess to-day sU
b on the bill and the speeches 70
.ru N half an hour, he giving notice that a. me
expiration OF tho morning hour 'o'h'V'V" ~
mSve 1 paa ysdsd twenty minutes OF his hour 10 H.
Loughrdge, who supported the bill and defended iH
Mr. PAsE proceeded to indicate tho points which he
proposed discuss greater length than was possible
for him TO do in the brief time allowed him. he held
that the only principle which Congress could justify
itself against tho President was that the constitution OF
tho United states was M - ne The
stulion not operative in those districts a. all tnen
he was unable to soc how the course o. tho rfesaens
could be said be rank usurpation and how could %
said that the action Of Congress was legiima II
seemed to HIM tina. the constitution had % force
thcrc all President had just the same lights to en-
ercise the powers involved reconstruct o as Congress
had. On the principle which he hea to DO the true
one, those districts should DO retarded a. were terri
| tories or az territories cor.luer.d In war.
Mr.. KERR, dem of n Y, addressed the House In
opposition to the bill Tho conviction in his mind that
1
SO grost as u excite painful apprehensons for tho well
fare Of ira country He looked upon as involving the
He emblcd when he rejected that was proposed by
ths KIND Of law to wipe out Of existence every mita
ton OF the power OF Congress- and TO assume almost
the power to establish King. least dictator. He
| did not envy members Of the majority the position
| which history would assign 10 them; aud II that dis.
tngushed gentleman who seemed to be the prodostncd
candidate OF the republican party for tho Presidency
humble Judgment, the people Of this country would
furnish another ilusrious example OF the engineer
Mr. B6urwRLL (rep) Of Mass, asked Mr. Kerr to state
what government in of the late rebel States was to
be recognized under the constituton--he ono ex.
listing prior to the rebellion that created during tho
bsllion, or that established since the rebelionY
Mr. KERR said his answer was easy. He recognized
bcllion. He held that the government in thoso rebel
States had been destroyed, that it had survived
the rebellion, and that its functions simply
sir. DAWES, lrop.) Of Mass put the Of State
form-a monarchy, for ins,anco-and asked in what
manner the United States to rectify that evils
Mr.. KERR replied TINT that was an issue which was
not involved here and which never could arise.
But even in that IT would be the duty Of tho fed
era government cay revolutionary State that
i. would maintain its processing republican govern.
ment Mr. Kerr went on to argue the question in
| the light OF the decision in tho Rhode Island
AMI Of other decisions the supreme Court Referring
10 Mr. Buffers amendment offered yesterday he regarded
as containing the mos, remarkable and NEST damasng
simply pari an scheme under the power OF Congress-
create power through which those revolutionary
governments might 10 tho or radical
ism in future elections In fact, he regarded the propo.
scn infamous in every sense of the word. Abiding
| TO the bill passed last Monday affecting The Supreme
Court, no cited the case Ia English history when the
English judges appeared before James the second who
having heard their remons'rances. SAID: -"Then am
under TIC law, aud it were treason to affirm that" to
which Chief Justice Ccpc replied. Thc king ought not
TO DO under man. out under God and tho law" SO he
would cay that the Supreme Court properly vndcaed
its power and s sacred trusts 1t would say that Con
gross King IN this country and that the partisan
vii Of Congress was law; if Congress ought mo-.
To be under coordiate department OF the govc rnrieu
The Constitution OF tho country But feared that tho
sands o. national llio were about running oat and tina.
| III history hli proscf, failure.
DEroIr PufLc FUNDS.
Mr. RANDALL, dem Of Pa, introduced bill to rcgu.
late The deposit Of the public funds, providing that
public fund, snail not b. deposited In auy national bank
located in any city where there is treasurer or assist,
the Committee on Banking and Currency.
| TELEGRAPH SYSTEM.
| Mr.. VAgyswonrH asked leave to offer o resolution
directing the Post Office committee TO inquire into the
eApedioncy of providing for tho adoption OF q postal
rarient; also TO tho cxpedency rcpealny alto.
| gc,her the irankng privilege.
Mr.. MuSeES tden) Of ONO objected and the resolu.
| ton was not received.
The House. at thirty minutes past four O'Clock r. M,
took recess MI seven O'clock
Evening Session.
| TIE RECONSTRUCTION Ell.
Tho House reassemOied at seven o'clock and resumed
Tie consideration OF the bill. reported from The Recon.
Nr. DAVIS. IN addressing the House, said that the
gravity OF the subject aud the serious condition of
a!as in the country forbade any member from attempt
ins 70 discuss u without preparation For that reason
he should refrain from discussing tho details OF the
bill, or that history Of the States In rebellion which
rendered IL in his opinion necessary legislation. He
had soush. the Moor mercy 10 make more plain than
he able 10 do in the interruption OF the very able
speech OF the gentleman from Indiana Nr. Kerr To-day
lie thought tia tue decision OF The supreme Court in
the Hhoio Island case, which had been so con-
msiepre eatd and more misunderstood than any
other decision OF tho couit Mr.. Dawes pro-
cesded 10 give at somo leusth the history of that
ana his views OF what determined. Tao gentle.
man from lndana Mr. Kerr had taken the ground that
tho government which aniedated the rebellion the
government or North Carolina, and that IL was the
business OF the Executive Of tho unIted States 10 decide
was conclusive on tho country and on Congress. But
the supreme Court, 70 which that gentleman appealed
sas declared tsat u wal me business Of Congress to
he appealed had declared In his North tarona proca-
nation not only that the governnsui which entered the
reocl.on wal mol ne government Of North Carolina,
but that North Carolina without any civil govern
meut. Fer his part no had always thought there
was very hto legislation necessary for these rebel
sates IL was simply the duly Of Congress 10 take
b. esislstioa thai oyo'y man there, high and low
lroee ell Ia tho enjoyment OF his rights, ana then
republican ,o.m OF government would grow OF iisoif
quite soon enough.
s,r JESeKss tep.) OF l., also undertook correct
what no regarded an erroneous assumption OF Mr.
K,;r Ia references to tho Inoic island casa
ar BuaR lem) OF Ill.,, mex addressed the House in
opposition 10 che In, which, ne said proposed 10 nal
niy tLot part OF tie constitution which places the
peal that cause or the constitution which makes the
President Commander n-Chict Of ihc army and navy
Tue balance Of power was necessary 10 preserve the
parpeuty Of the Union, and that necessary pro-
tecs tue TEhts OF tho people Wnon QUO department OF
tue gog0rnmoht crcncd on the Jurisdiction OF another
department tho greatest danger was 70 be apprehended
DG ths bal guarantee 70 Virginia republican form Of
government Was dictatorship repabi can form OF
governmentY lfao, then tine republican govern
nicnts should s'nK
IN WARD ircp) OF " Y, said thst after mach relec-
ton and consideration Ito had determined TO support
ad vote fsr the bil Either tho idea or reconstruction
mast be abandoned altogether must 10 accomplished
Independent Of tho Presldcnt lilo dill not believe IL
consistent wh the genius OF the republic 10 maintain
military power longer than was absolutely necessary,
aud tnat Il was the moro mcumbent on Congress 10
bring about speedy ruc0l In the darkest day
ot tie rebellion they had sent to tho West victorious
general and under his lend the armies % the rebellion
had gone doNn, and thny had bscn s|ccuatng and
scnemag ald trying 10 Get under The President and
over tho President, and around the President, and
through the President -Gaughtcg-but they had not