The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-02-05

DENIAL Of any constitutional rights In them 10 protest.
such States were incapable Of exercising the functions
a. such In the Union Nearly all the Senators voted In
and Doottle. What cons,itutiona rights had they al
that timer he would ask the Senator from Indiana
tsif Hendricks. He quoted from Mr. Hendricks
speech a. his explanation in regard TO his vote ia the
Winter Davis blll and amendments thereto .
Mr. HENDRICKS, dem.) OF Ind, explained, when Mr
Hendricks and Brckalew voted for the resolution OF
February 1865 excluding those states from pariici
ucu 10 the electoral votes for President and Wee Pss'
dent. II those States then had right TO sucn repre-
sentaton what constitutional rights had they ~ tney
had forfeited that right In consequence o. reoeon nav
they forfeited other rights under the constitution
The republican party stood upon the same view OF the
constitution which those Senators then took
Mr.. BrcKAiEw said the action TO question was y
decaory one and had voted for so as TO preserve
order Congress. believing that IN that condition me
electoral votes of those States ought to be counted
influence the result OF thai Presidential election
Mr.. MORTON. trep) OF Ind, said that resolution con-
entitled TO representation In Congress,
and asked when they had since obtained mat rignI
Mr. BucKALEw said the resolution did not declare IN
qGalihed absence OF that fact; but that under the
circumstances, they could not exercise H.. -
Mr. WILLIAMS said he not concerned with reasons
Influencing In voting upon legal constructions
Of the constitution Of the United states He. proceeded
20 ask whether the Supreme Court had the right TO
surrcction, which declaration had boon with
drawn by Congress- except IN the case OF tennessee
Their legal status was theni unchanged and Congress
had the right to keep so until in It's opinion 1t could
be safely done Such condition might arise now as TO
make II just rs necessary to continue the war as
when Lee led his armies. He quoted again
from the Supreme Court Reports the deiini.
ton Of 'rebels" as 'beAlgeronts, althou2h
public enemies" and asked what constitutional
rights they had at the time they declaredS By
the law OF nations no limitation existed the power
OF the conqueror over the conquered begerens save
that OF cemency. Neither Lee johnson pretended
to deny the right Of their conquerors to dictate terms
and Claimed constitutional rights AT the close Of the
war IL became necessary TO replace dsoyal with loyal
governments. All the departments Of the government
acquiesced in Andrew Johnson's declaration that no
civil governments then existed IN those States. Con-
gress now occupied precisely that position The sena-
tor from Indiana mr. Hendricks) and the recent demo-
cratic conventions concurred IN enlogizng Andrew
Johnson's policy and had committed themselves, there
fore, to that doctrine He mr. Wilams) then took up
the question Of the right to restore those States.
and asked whether Andrew johnson had
right TO call a convention in New Jersey as
well as in North Carolina form constitu-
ton; and II not whyf Because New Jersey had
constitutional rights and North Carolina had none Let
II be remembered that the democratic party and Its Ajax
In the senate tMr Hendrcks) had claimed the right OF
johnson form and disfanchiso hundreds
Of thousands and denied the right Of Congress to enran
cnse one For what purpose was State consultation
submitted to Congress- not to be subject to it's judg
ment? If the peoples action in adopting constitution
excluded Congress from pronouncng upon its propnety
then Utah. II her people formed q constitution recog-
nizng poygamy must be admitted as State under It,
He quoted Luther VS. Borden, and said that what Mr..
Hendricks read and called the opinion OF one judge
deliberate decision OF eight judges, rro-
neunced by Judge fancy, that the decision OF Con-
gress as 10 whether State has a republi-
can form OF government is binding upon every
other department OF tho government. He argued
ahat tho Senator from Indiana (Mr. HendreEsl, like
every good democrat, supporting the Presidents
policy and claiming that Il was for him TO recognize tho
establishment OF republican form of government was
inconsistent with the Presidents assumption that the
conventions called by him were for the purpose or
forming state governments. Congress could certainly
employ the military power of the government as ona
Of the means OF executing the law On the law author
iZing the raising OF troops 10 put down rebellion no
cited as one OF us objects the establishment of republi
can forms OF goyernmont 10 the rebelfous States
Guaranty or debt secured its payment If required by
the guaranor Congress therefore must II tho people
OF State faiod to provide It, make a government ro-
publican IN form He quoted Judge raney,s decision
that military power was not republican form OF govern
Wheaton tho DECISION that Il Is for Congress- to pro-
nounce upon tho fact He closed by arguing that At was
cxpcdient well just for Congress settle the
question.
Al three O'Clock Mr. MORRILL,, irep Of Me- oetaued
the door when, on his motion further consideration
was ,,ostr oned until to- morrow al ono O'Clock
CONSIDERATION TESuRK OFFICE REauNED
The bill 40 regulate Of certain Offices
again taken up
Mr. Sunssa again urged tho necessity for his amend
ment
Mr. ANTHONY, lrcp.l Of r. l., advocated the amecd-
mont
Mr.. HENDRICKS thought matters between governments
should be conducted sbe same principles affair.
betweon honest men, and that secret agents not
necessary There reason for a secret service
IN tho Post Once Department and Treasury department.
demncd this system Of espionage upon tho people
That the government shodd become a spy upon The
business Of People no cbarterizcd as disgusting.
Mr. CAMERON, irep.l OF Pa thought that such largo
sums OF money could not DO safely entrusted toono
man in million In the Surratt trial So, 600 had bsen
paid 70 one lawyer 49, 500 10 another and So 500 10
reporter lie read and commented upon tho list Of
names OF special agents contained IN letter from the
Secretary OF STATE saying that all the clergymen
ployed belonged TO the Church Of England, and mel
Presbyterian was among them. tIaughterl
Mr. SUMsEa-ls MI Hadley Presby terianp j,
Mr.. CoNKIING, trep.) Of N. My impression Is that
Mr. Hadley is a Methodist.
Mr.. lnAysa, trep.l OF Neb., inquired what church
hcCracken belonged 70.
Mr. Cameron had never found out who he was. tho
Secretary OF State mad not had the funds we would not
have had hcCracken 1saughter.b
Mr. Summers amendment was lost
After further debate Mr. RAMSEY moved 10 strike ~ut
twenty as the nunocr or authorized special mail agents.
and nser twenty-five saying that number necessary
Tor the business Of The department number Of spe
ca agents we're required on tho man steamers crossing
the Atlantic, az tue mails Tor Chicago and elsewhere
were made mp on board the steamers.
Inc amendment was aaopted
Mr. PATTERSON irep.l OF " III, had supposed thai an
bi would pass without opposition; that the Senate
ia favor Of retrenchng tho expenses which had grown
so large during the war; but he had found that on that
point he had been verdan lie uded to the universal
removals from once 70 make way for the Presidents
friends ana said y the SPOTS we're 70 belong % tho