The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-01-18


these bills who no longer represent their consuenc
but are acting In entire defiance Of the people who sent
tnem mere referring 10 the bill passed. the other day
touching the Supreme Court Mr. Brooks said You
may overthrow Andrew Johnson you may destroy the
Haytis, Jamaicas and Africas; but when you throw
yourselves against that bulwark OF the constitution
your puny arm wiz shake and quiver aud lay blasted at
the hrsl dow you strike against IT,
Mt HUBBARD, dem OF Conn, said that the bill now
under struck at the lowest foundations OF
CONSTITUTIONAL law and free government. howhere on
tho face OF tho globe could there be government Free
ana permanently free, unless It is on constitutional
basis Outside OF this il Ia either an absolute despotsm
OF . RUE OF popular tumults, crime and anarchy.
Whenever any portion Of the constitution IL battered
down. no matter whether by rebel States In
arms or by popular tumult or audacious
usurpatfon on the part OF any IN the government,
then we are IN the midst OF revolution and matters
power OF the sword by the force OF ncci-
dental majority In Congress- He started out with this
proposition with regard TO the bill before tho House
namely, II was measure OF revolutionary character
and usurpaiion in his deliberate Judgments measure
OF adeiant aud audacous usurpation. Challenged BY
the House 10 give proof Of this fact he found in the
bill now before them He called attention to that part
OF 1t which declared that 'the called civil govern
ments in said States respectively shall not be recognized
as valid and legal governments either BY the
or judicial power OF the United States Why did this
House propose regulate the decisions the Supreme
Courtf Was 1t not from conviction that the Su-
preme Court Is now organized that Court would declare
the bill to be But the majority here. by
their proposed legislation did not intend that the Supreme
ourt should stand against Its execution The majority
take sold Of the court by providing that wohirds Of
Its Judges are reqsrea TO pronounce decision on the
question sof constitutional law. He here simply an
nounced his opinion that tbs House designs to emascu
late the judiciary of the United States When such
act shall ec passed there would be nothing but tho shell
OF the Supreme Court-mere husks. Let him suggest
whether II would not be manly and noble act ID them
for. sSe suprss Court to be challenged by that ba
La. II should not stand the scrutiny OF that court,
then lot IAN should DC ho by sno c0aT
Hubbard then proceeded to reply TO the remarks hereto
fore made by Mr. bingham, saying, In the course OF his
gvess may pass the question of the existence OF
state, then Congress might in ITS anacisn abolish
send ses him G back Nnio Ri, oonsuen The
great West might giants power
for tyrannical purposes A. might abolish every Eastern
cep appeal to that trbunai-the Supreme Couri He
did not howevor, acknowledge that his existence as
representative was dependent on the majority OF this
House He denied the power Of the majority TO- expei
his State Ind to cast him out OF the House having no
constituency behind him; and yet he Understood that
this bill assumed, tho very fundamental principle on
which the government based that this House had
the right to blot out one or ten Saes OF the Union and
thus keep their representatives out OF Congress He did
not that Congress was Infamous bat he did say that
THIS DILL was more than Infamous He held that every
ton here as no had 70 the enjoy ment OF lilo and pro-
perty These rights appertained to him as
OF an accidental majority to deprive HIM
Of them This bill simply contained the principlcso OF the
keep can" Under this bill tho majority Of Congress
change tho government OF one state another or
trampe II out OF the Union permitting " TO como
back when II IL acceptable to a dominant majority. Hc
then proceeded further to discuss the BILL characteziDg
1t as measure OF an arbitrary usurpation. because II Az
tempted TO strike down tho Executive as well us tho
judicial department OF the government, and make the
existence of states dependent on tho majority OF CO.
ordinate branch Of tho government lie gave
that General Grant should accept this law and execute
IL IN tho manner required no would DO taking on him
sell q load which would break his back
before the people at the Presidential election.
He did not care how great a man General Grant
was II no. after having fought for the integrity
nail tint n
law he would forfeit all tho honors which he had thus
far noby earned. Tho Marc Antonies who proposed 10
offer this crown to General Grant would find that both
they and he would meet condemnation. This bill aud
all the other reconstruction measures we're got up for
the mere purpose u Afrcanzng the States OF the South
and OF thus ropublicanzing them and making use OF
them 70 neutralize majortes at the North; and the
authors and supporters OF these measures they
members OF the Holy Catholic Church and were In
confessional would be obliged admit that that
purpose and that there was no other purpose :
port Of the b and sent and had read by the Clerk
a letter fiom . gentleman In Alabama whose name he
did wish to make public, but who described himself
officer OF the Frecdmen's Bureau and member Of
the Constitutional Convention, picung tho al
don OF affairs In Alabama and declaring that the dis
position Of the rebels there was more malignant and des
perate than Al any former period.
Mr. WAsiBuRSE, rep Of Ill., stated, In the same con-
nection, that no had received letter from Of the
most reliable gentlemen IN Alabama bearing out the
general statements OF the other letter. and
the that the reDei General Canton stamping
tue state against reconstruction, and was tong the
oolored men that a vote for reconstruction was vote
for open betwoen the rebels aud the coored
Mr. JErCKEs trep.) OF *. l., took the Hoor aud pro-
ceeded 70 eiucidae some Of tho points mixed up 10 the
famous Rhode Island case and to prove from tho
dents in that that the authority and power to decide
what was the constitutional power OF a State was in
noithor the Executive nor the supreme Court, but IN
Congress. He conended that the Reconstruction acts
acts OF benedconce that instead OF being acts OF
asssinat OF ten States, as bad been charged, they
were OF resurrection Of ten States. IL the
grossest pervcrson OF terms to call the reconstruction
policy Of Congress tyranny.
Mr. Ross, dem Of III, addressed tho House against
the BILL winch, he said concerted in the same spirit
that which animated the first bill reported by tho
Reconstruction Committee He claimed that Congress
the constitutional power to pass the proposed
act and that n Congress had tho power would be In
cxpedont to exercise IT, He Claimed that the Southern
states had republican forms OF government--tho
same consitu ions tnat had been recognized by Wash
ing ton early fathers tho republic only mod-
lied abolish slavery and 10 prevent the assump
OF the rebel debt. THIS bill proposed TO suppress
those governments and To substitute for Thorn des
splcabio military dictatorship. Ono OF his col
leagues tblr Farnsworthl had spoken OF democratic
members constitutional screamers; but IN regard TO
MIN, no would ray that II II man could rotate from
bfgAdier genera place INTO CongroSs anu from Con
grsss back again TO brgsder gonoras place. drawing
ray from botn part OF tue iime and who had all his rea
pye3 either IN foreign missions or hunting cotton aud
trading the south, In the army wearing shoulder
slraps he ight well be loyal.
Mr. WAsHguRNE OF Ill asked his colleague 70 whom
bo was applying his remarksf
Mr. Ross "a applied his romarks to just what he
Mr. NAsnsuRSE remarked that bis colleague had made
a charge and refused to back It up
Dir Ross said ho had made no charge Somo others OF
Presidential candidates who were too bondhoiders
candidates
1r. WAsuBunSn said that II the gallant soldier to
whom tho gentleman alluded present, hs COL
league (Mr Ross) would havo dared TO mako the
charge no did. Neither himself his colleague (Mr
Farnsworbl had as some OF their friends hadl loaded
themselves With contracts 70 make money olt OF tho
government and then used that money To break the
eovenment down nor had thoy taken part wi IN The
public enemy Ia time OF war; nor had thoy voted
against punishiDg guenas, nor colluded With the
murd rer OF enrolling onicers and then como into the
House with their hands dripping with blood.
Mr. Ross protested that ho nad done none OF tho
things ith which his colleague charged him.
After many personal illusions between th0 two gontle
mon Mr.. Ross resumed his seat.
AMERICAN CIrIzgssrrIp
Mr.. vAS TRUyP, (dem.l OF Ohio. presented a petition
OF the citizens OF the Twelfth OHIO Congressional dis
praying Congress TO take Legislative action u define
tho status OF naturazed oiti zens, and compel
English government 10 recognize tho validity OF Amer
eau naturalization Referred TO the Committee On
Foreign Affairs.
PROPOSED sALx OF LANDS on THE SEA ISLANDS
Mr.. PAisr, trep) Of WIS.,. from the Committee on