The New York herald., 1868-02-06
THE FORTIErH CONGRESS.
ecOnd SossiO
-
SENATE.

Mr. HOWARD (rep.) OF Mich, introduced bill author.
zng the Secretary Of War employ counsel In certain
defend Generals Meade and Rugcr any other
ocer proceeded aganst because Of tho
acta
Mr.. HENDRICKS (dem.l OF Ind. asked whether any
necessity existed for any such resolution whom such
power already existed.
Mr. Howard presented letter from the Secretary OF
War saying that these generals had applied for counsel
to defend them against the proceeungs commenced by
ing the passage OF such resolution. Mr. Howard
then referred TO the fact that the Attorney General
wsose Sa Ts 70 ns wss
appear and defend II in the Supreme Court.
We had had thus soemniy preudged the whole case
a very strange prooeedingbefore judgment had been
pronounced by the Supreme Court that the Congress
sonal legislation was unconstitutional. 1t showed par
tisansm-
Mr. SHERMAN (rep) OF Ohio thought that the Attorney
General, having openly committed himself against the
consttutonality OF law ought not to be called upon
in case under H. and he should not be censnred be-
he had been required TO advise the President in
his jud ic,a capacity IN regard TO THIS law.
seusor from Ohio M. sherman, my The Presiden. or
any department had right to call upon the Attorney
who ss acted IN S On.
from Michigan tMr. Howard| would have acted IN the
same manner.
scisnousy cf the opinion that the Reconstruction laws
unconstitutional the simple remedy for him was to
his convictions He could allow some gentleman 70 ap
pear who would perform his duty.
Mr.. DAVIS, tdem) OF KY, here recited the circum.
stances OF the McArde case and claimed that the At
orney General could not do otherwise than he had done
Mr.. HENDRICKS argued that neither the Attorney
General any other lawyer should sink his
tons for any purpose and asked whether the Senator
thought that gentleman should appear before court
Cabinet. in any case Whatever and maintain an act OF
Congress the law when he believed the constitution
TO he the law.
NJ HOWARD said the Attorney Generals opinion was
49, Ia Hor.r. knfr~
Il passed by twothrd vote; and he again condemned
the course OF the Attorney General
Mr. HEsDRCKs asked II the passage OF the bill by two
thirds vote made 1t CONSTITUTIONAL
Mr. HOWARD think II docs.
Mr.. HENDRICKS continued, ailuding TO tho employ.
ment Of counsel at large expense by the department
heretofore when the authorized counsel In oohrt
He beieved this was simply an oort TO mako parade
before Congress and the county when no case yet
The morning hour having expired. Mr. BucKALxw,
cem) OF Pa, objected TO further consideration but
motion Of Mr. CoNsEss (rep) OF Cn, tho special order
was postponed for twenty minutes and Mr. Conness re-
ferred to . in Missssipp last year, brought by
Mississippi against the President where tho Attorney
general appeared and in able argument convinced
the court that u had jurlsdicton and procured dis
missal OF the proceedings
MIR BUcKALgw said the jurisdiction OF the court
the only question no appeared to discuss and proceeded
to condemn the resolution comforting powor without
limit
After further discussion the resolution was adopted
DONATING LANDS COLLEGE PURPOSES.
Mr. HENDERSON introduced a blu 10 amend the oct
Agricultural College and Mechanic Aria. Referred to
the Committee on Public Lands.
TnK HOUR law.
Mr. HEsDRIcxs presented petitions from workrgmen
OF New York and elsewhere praying for the establish
nent Of eight hour law Referred 10 the committee
having the subject IN charge.
RsLfEy CONTRACTORS.
Mr. DRAKR (rep.) OF NO. offered a potihou, With a
joint resolution, for the relief Of certain contractors for
Referred 10 the Committee on Naval Afiara
THE RscoSsrRUcrIos BILL.
~
up and Mr. MoRRnI, (rep) OF No, tock the floor He
said preceding debate the part Of the opposition
bad before tho conpry on tho
usurpatiou. II had been specifically charged BY the
Senator from Wisconsin that the outlawry OF the white
race was designed by recent measures Mr.. Morrill,
maintained that the white referred TO the bad
men or the South, who for many years had domi-
mated over the land and outraged the laws Of God
ana the sentiments OF the entire civilized world
The charge OF having imposed military dsspotism had
been fully answered BY Senator Morton tina. IL was
difficult to dnd uprefutcd point He read portions Of
the dividing the South INTO military districts 10 show
that Congress framed the solely with tho
police measure rendered necessary BY ,ho Ia1ess and
chaotic condition OF those states, and that full protec
ton TO all with equal rights was uo~ Afforded Referring
to the charge Of usurpation by Interfering with Ihe
rights OF insurrectonary states he claimed that
based on tne idea that bad had war, but simply
an effort on the part OF the government 10 put
down an insurrcetion such had boon the position long
since assumed by the Senator for Maryland and
argued by members on the other ade Ths argument
was Ingenious for II had acquired rights Of war
the victories OF armies decided nothing. General
Grant had only head constable TO restore oicr
In certain parts Of the country, and no nights OF rebel
States wore lost All the arguments Of the opposition
we're based this ground bat the position unteua
bla The effects Of tho upon the rsbelious States
was not an open question. The acts OF Congress
destroying rights Of property 10 slaves The enforcemens
OF nsse acts by tho Executive power aud by our
arrsl5s and finally, tho judgment Of the Supreme
Court had ali affirmed " the government tho highest
rights OF war Further the results Of the war as every
one knows had total annn'lation q the
governments OF rebelling Statea State government
consisted of Grst organic law; second Its departments
The OATH to support tho constitution OF the United
States was the gament that bound the States TO the
United states when that was broken vitality was
gone; 90 that when, IN South Carolina In
1862 no officer existed who had taken thai
oath the state organization was dead and had
ost all It's righs How, then, was the aovornmenl 70
be rovivsds by some power outside Of themselves
That sass came OF the war frcc state by change
OF the fundamental law not by her own act butby
authority OF government OF ths Unised States daring
the exigences OF the cis war Tho overthrow OF the
Institutions and constitutions had teen forssosn and
foretod by the interchangeable and 2bosophic Ssnstur
from Kentucky (Mr Davs on bis 1rst entransa in Con-
sress In 1892 That senator the inventor OF s phrase
reconsruction," had introduced bill declaring all
engaged in var 'Aisn enemies," who hsd forfeited
thsr property 70 she United s,atss aud All rshts oivi
aud poitioa In the following BebruaJg he had offered
ssrcs OF resolutions dsoarys the Ifinciplss involved