The New York herald., 1868-01-31


Of the democratic party in their sndeavors 10 re-
tho control Of the country pointing from sta
would acquire by the return Of the South to
ton without negro suffrage, and closed with an appeal
Mr. HEspRicKs followed. He denied the claim that
there no State governments At the close OF the war
adopted by the people existed at the out.
State constitutions were the bond Of organization
holding them to the federal Union He
a part Of the national Union, ana The people had no
right to destroy it either by convention legislation;
nor could any power short Of all the states state
constitution OF the South ceases to be such by what act
was 1T the ordinance Of secession could not do II,
being nullity nor could (which was not made on
on whose effort 70 separate had no validity in law and
had no effect TO destroy disturb It's relations to the
regretted Mr. Morton was not present as no should
bat some Of his views and refer to former opinions held
sy him: He then read from speech y Mr. M Norton
dition OF territories and arguing that all acts OF the
President and Congress had proceeded upon the con-
tray hypothessthat they stil remained in the Union,
thir people being alone responsible denouncing the
contrary doctrine as dangerous. The speech was
the commencement Of President Johnson's policy He
then read from the Globe Of 1884, ON the debate on
By Senator Wade, declaring that sonce State always
State" He went on 70 say that great change had
taken place IN the minds Of those Senator'S Taking up
the claim OF reconstruction under the clause
OF the constitution guaranteeing representative form
Of government he said that clause addressed to
be performed by the Executive, judicial duty by the
judiciary &c. By It's language presupposed the ex
SON. Hamilton and story all taking that view. 1t con-
ferred no power on tho TO make State gov
ernment which was the high prerogaive OF the people
The sole province OF Congress was 10 recognize such
governments when formed. He said Mr. Morton, in
quoting from 7th Howard had merely read the opinion
Of judge, while the Supreme Court had pronounced
upon the question Of the Executive recognizing the
State government of Rhode Island. The char
ter government OF Rhode Island was called,
the power Of the government which the President did
and the Court said that was conclusive upon the Court
the President having recognized that State
He quoted from the decision OF the Supreme Court in
the Mulgan case to support his view, and said that
President Lincoln hold the same doctrine II the view
Of the republican party correct they should not
have re-elected Mr. Lincoln, who had pocketed the
coastructon and Sad soid he was % not Wing to bind
himself any single plan OF reconstruction that Con-
gress should not tie his hands by plan When MIR.
Lincoln elected there q more important
question before the nation than this OF restoraon He
had used the words restoration TO their practical rea
tons TO the government OF tho United States"
What a different doctrine from that which
claimed that no State government existed and that
drcks then alluded to the call for convention in Nash
ve Tenn. to restore that State TO It's practical relations
10 the Union after she had done every possible act OF
hostility TO the United States That convention met in
1865, and recognizing the old constitution binding,
they added amendments and voted upon II by virtue OF
the sovereignty Of the people their constitution
What then did Congress dor July 81 1866, Tennessee
admitted and the given in the act Of
course.
recognized the old constitution and its amend
ments. Now it claimed that Congress only
had this power, and yet Senators were on this floor
elected under that constitution Tennessee was, there
fore legal constitutional government But they said
such states might ratify constitutional amendments but
could not elect Senators That would not do Alter de-
Tending The consistency OF democratic Senators in
former votes assallsd IN course Of debate ne quoted
the description Of the promising condition Of AFFAIRS
tho South by General Grant, seen in the impeach-
menttesmony, and again from Mr. Aortons speech,
before quoted TO the same effect He would
4
made by Mr. Cngn in regard 70 the condition Of the
South, as an utter misrepresentation. Mr. johnson pro-
proclamation OF may 70 1885, not claiming the right
to form State governments, but recognizing
the old State governments a. Congress had
recognized Tennessee; and be had taken steps 70
allow the people those practical relations, ap
compllshed He defended the President only when he
thought him right because he tMr Hondricks claimed
TO be Just man Mr.. LncoIn's procumations OF 1853
and 1854 had enuncaed tina policy and they reelected
him. II II WAS right for Mr. Lncon was 1t wrong for
Mr.. Johnsons Why, then, condemn him for adopting
Mr. Lincolns policy, as Mr.. Morton had admitted he
didY He road from Governor Norton message Of 1885,
characterzng Mr. Jonnsons measures for RESTORATION a.
just and benehcent and from General Grants testimony
the opinion that policy identical with
Mr. Lincons IL was scued that consttu-
and therefore, the present State constitutions were
valid. rney had done some OF tue most solemn
ac,s Of sa,e-hsy had 5 abolished s.s ., sa eIy
never be paid What good had come from the persist
ence for Two years in keeping the South out these
loyal man could come hore, for they had passed law
prohibiting 1t. What had they done but dsrancnise
whites and enfranchse blacksf Moraze as they might
with all their political ambition and power they could
not take the garlands from the white soldiers and put
tnem on the brows OF the negroes They won no battle,
carried no point The white soldiers carried victory
from the Potomac TO the Gull. His object was 10 per-
petuate their party power. He defined republican
form Of government coming from the people, and
said such existed before Congress dcposed
governors and subjected them 10 military authority,
abolIshlns juries and the habeas corpus, empower.
ny mi auue TN tax tudu RI
aud put lieutenant In his stead, authorizing
conventions to nx their salaries and levy tax on the
people to pay them. He also read al parallel the
original recital Of the grievances OF tho colonies At the
hands of the King Of England. Life liberty and pro
perty placed In the power of military rule was called
roconstrucon and restoration and republican form ot
government He enyiod the honorable senator from
Wisconsin tMr Dooitiio) In being so often answered
Each answer concession that had not been made
before There are net many OF us here, he sad; but
few as we are We feel that standing in the rher.
mopyl1 OF our couptry's liberties. He alluded 10 the
expression OF regret py republican senators that so
many had been dsfranchissd and said II admis.
sign that II was wrong
Mr. COMES, trspl of CsL-Psrbaps We do not al re-
gret H.
Mr. HESpmcKs said that perhaps Senators would like
TO all the white people stricken down aud the power
put In the hands Of the negro ubdued applause In the
galerics) He went on TO discuss negro supremacy.
citing instances Of osrases BY the blacks Of tho South
He referred TO M Mortons claim OF The power of Con-
gress to raise up new class Of voters He read mes
: sSeh % a sss %saa s,saSi ;a
Hendricks, aluding to ths eplp9p u the RecoastfSc
ton Committee as shown BY The dscaratioh 6f thA
chairman Of the House Committee Ar. Stcv6ns) said
that the reconstruction measures were
tonal.
Mr. FEssFSDEs, (repl Of Me-, said Mr. Stevens spoke
withoutauthority from the chairman OF that COMMITTEE
on the part Of the Senate, he madc an observation
IN an under tone about who apt think when
ney had formed an opinion that BODY else agreed
Win Them, which being understood by Mr. Hendricks
as an Ausion to himself Mr. Fessenden disavowed any
intention 10 make any such APPLICATION.
MT hrSDRicks-Ihen the purpose Of the Senator
could only have been 70 interrupt line OF argument
Mr. FEssESDES--No SIR
MT HEsDRIcxs wcnt on 70 say that the Senator had
right 10 make tue disclaimer fer which he mr. Hen.
drioksl had yielded the 1oor
Mr fssssspES-Tho gentleman 10 too skilfui adebaor
70 DC troubled by single remark beg 70 discam any
sucn purpose and bad reference to him in the re.
marx made Ny object IN rising WAS simply TO say for
myself and so lar as knew for the other members OF
tbe hecons,rncon Committee that such Idea was m
tended by them never heard It mentioned Mr. Fes-
senaen asaln disclsmed any intention to apply his
Mr HEsDEicxs accepted the disclaimer
MT hoW.kD another member OF that committee, cor