The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-01-24

.h,ue remarkable ,hat = embraced, sA sSs men whs
tough: against The consultation aD the Union we'll
fought and .sa sS.n men Il. sa asn ned
danger he did moi sSss Senator ana hs assoo
il. o d say
made Rseling Shs progress or the soalhsrn Corvsn-
sion ne SAID reconstruction going on, and would
soon restore Thorn TO the Onion release from
the military dospotism which SO alarmed the Senator
Mny csad nc not Join in their endeavors give those
hanfe OF loyal men. They had only to stand by those
measures TO witness their speedy accomplishment Tho
senator sss ma complained ina. Congress. would
had adopted after mature elaboration their excellent
plan for recsnsruction and restoration the best
defects had been found In H. and the amsndatory acts
hsd been onused by attempt 70 thwars their execu-
to the original intent Of Congress In reply 10 Mr..
Dooitte's assertion that they intended 50 place the
the white over the black population in ali states but
South Carolina II the whites had not registered
senator claimed that tn few leaders dsfranchsed
brsesd all the brains aud talent Of the South and no
hsd been frank enough 10 say that the majority Of the
Southern whites had been opposed 10 the rebellion
Ihey were forced into H. then, by these very leaders,
wac were therefore the last to be entrusted with
euthorty so the charge that II sought establish
negro supremacy was untrue Even In the Southern
conventions majorty Of the members white. 10
Mr. Doolile's argument that they had recognized the
validity OF the Southern State governments by submit
ting TO them the constitutional amendment Tor ratGca-
ton ne replied that It might as 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
did not Congress- after waiting patiently 70 see what
would be the result OF the Presdepts attenpted 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 or the country. He denied the
Senator's claim that they not willing these States
should DO admitted. they were striving 10 have them
4 nrYan tyol that ha Gtutnc In
the Union. The territories and people then and
the people OF South Carolina had been much subject
TO the laws during the whole OF the rebellion in loyal
point OF viow before it, They destroyed their State
organization and c0nld perform political requiring
the constitution requiring Senators to be elected by
the Legislature. Tho rebel Legislature they elected
the ESQ., was not n,s such so camp
support the conStitnton required, but TO sup
port . government set mp IN opposition to tho
United States therefore their representation ceased
The rebellion had gone until the civilized world in
Guiding Judicial tribunals and Congress- pronounced 1t
\ civil war When that rebellion overthrow and
| General Sherman took possession OF South Carolina
there being there TO the peace anarchy
have they been controlled by mill
tary authority for time until tho people could be
organized in harmony with the United States, which
Congress and failed Had the people voluntarily
aband ming their hostites in 1865 called Convention,
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 1t contended all must
-
until Congress recognized the State government OF
| South Carolina thcro was none. The constitutional
amendments were submitted TO Southern States by the
Secretary OF STATE not Congress- though had they
done IL it would no, be, in his judgment act Of
cognition. Had thoy adopted H. however and done well
IN oiher respects probably Congress would recog
nzcd them Who conld say when the military power
would ceaseP When rebellion was put DOWN. Could
General Shernanf He creature of the law, sub
ect TO the regulations OF Congress. Could the Pres
except rs comnander-in-cnie AS PRESIDENT he could
only see that laws were faithfully executed, and
II Sherman could not set up civil government
could Andrew Johnson, his power over them being
Commander-in-Chef and not President, far as ii
differed from his power over Ohio or Illinois No limo
word in the constitution gave any such power Az
COMMANDMENT then, he subject to the regula-
tons OF Congress- the Legislative Department, which
had decided that legal governments existed the
South That ended tho question. Neither did the ques
ton belong to the judiciary Az we'll might the judi
ciary attempt to stop the approach Of our advancing
armies into rebel States as decide what gov.
they issue mandamus 10 compel military
commander to leave these states when Congress
bad sent HIM there preserve the peace,
making of the tribunals loyal organizations
with power TO them If they prove distractions
After reply ing to Mr. Dootties plea for suffering at
the South by contrasting with the consequences the
war had brought the North he said thai during the
he had favored making rebellion odious by melting
out 10 rebels the treatment they gave TO loyasts South
by connscation and otherwise. Now, however. he
favored restoring them, with the exception OF the lead
ers TO equality with other citizens, allowing them
VOTE perhaps all of thcm though not all 10 hold
Office. How then could the Senator talk OF their taking
lion prescribed certain qualifications for office 10
some extent and that took away the pardon
ing power az much ms did the constitutional
amendment In reply to Mr. Doolttlc's remarks about
the measure affecting tho majority OF the Supreme
1--WE we're opposed 10 the Reconstruction acts' He
had heard enough about this charge. II Il be true
he continued, thai I'VE judges of the Supreme Court
have given their opinions that the acts or Congress
unconstitutional, say those i've judges are infamous
and ought to be mpeached -morrow-jus; as
il comes before us. II II be untrue, brand liars
those who assert IL.
Mr.. JOHNSON upon what information Senator
repeated the story
Mr. TRuMBpLL said the Senator from Wisconsin had
spoken Off
the story to be true in point OF fact
Mr.. TRuaButL--kor do l.
Mr.. JOHNSON agreed with HIM IN censuring it II u
wasso.
Mr.. TRuxBUI1 said he had too much respect for
them 70 believe it The Senator from Wisconsin had
not sad that five Judges expressed such opinions but
that an attempt made TO subject them to- provision
preventing three judges from deciding such questions
He presumed the Senator from Maryland had the
reports IN the newspapers heard them 10 the streets
Mr.. Jogssos denied having them, az he seldom
reads newspapers, and again expressed MS disbelief OF
Mr.. TRUspuLL to speak Of the hesitation with
which the Snpreme Court had FIRST concluded they had
RICH, 10 declare act OF Congress unconstitutional
Independent OF political questions he thought that less
than majority or twothrds OF thc whole court should
never be permitted 10 pronounce act unconstitutional
by reason Of repugnance TO tho constitution When
bill vetoed by the President 10 required twothrds
or the representatives OF the people OF the Union to
make IL a law. Should three out OF eight judges,
then be permitted to il should be lava tribu
nal that at It's origin doubted ts power TO do 20 In
any casep Why place court above themselves,
which would be the case even u twothirds
could set aside what two.yhirds dldf Possibly
II would not be going too far TO require unanimous
opinion Of the whole These questions for
careful deliberaton and he sorry that they
luggsd into the discussion. They had nothing 10 do
with this question.
Mr. JoHSsoN-rhey do not belong toH
Mr. TRusnuLL, aluding 10 a remark about the Chief
justice went on TO say he hoped they would act with
reference TO the best interests or tho country and
any mans interests in the Presidency 10 the passage
OF such measure. He again denied that any
attempt was being made establish negro supremacy.
Many more thousands Of whites won't 10 the polls
in tho rebel States and voted dsfranchsed;
and though many had been deferred from voting for
he would agree modify The policy requiring
tho States 10 be placed In the hands OF loyal men,
that they should be turned tho punderers of the
nations wealth or the woud-bs murdersrs Of The ma.
tons life
The COMMITTEES or Conference the Cotton Tar bill