The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-01-21

70 yield 70 ths pejudcss Of the people the NORTH and
Of course he understood what that meant
Mr. BIsoHAn, IA closing the debate, SAD nav NV
gentlemen who have deemed h their duty 70 Oppose
this BILL and regret 70 say that with them denuucaton
assumed the place Of argument and tha. IN ne s'0sm
OF their denuncation the voice OF reason Itself was
silent Those gentlemen who. whether conscious OF
not have been lending themselves In the heat and
party question whom they should consider the inter-
es Of the common country have enacted precisely Inc
roe which was played when the "a, Ssna was az
those mighty men whom God taught 10 1--we for glory
and for beauty. The arguments used at that day
against the ratification OF the constitution as
approved by Washington and his associates
that II conferred, for the common defence,
Tor the suppression Of and TO rsps
government Gentlemen might have found all their
arguments As we'll and a. orcby stated By the dema-
ment and ratification Of the constitution they have
stated themsolves ! answer ths sort Of argument IN
me words Oh men VINO gu. ~ ~
men that ever lived upon the earth or TO whom were
ever entrusted the destines OF q great people. The
language Of Hamilton was-and 4 ought 70 be written
In this discussion the very iniels Of your doors
that at 10 in vain That you impose constitutional
1s s sns 80
father Of tho constitution, took up the words
and reiterated them In another form, sayng:-t - IN
vain that you attempt TO impose Institutional resrc-
tons on the impulse OF se.preservation." higher
law-gver than Madison Hamilton anterior 10 the
the government Of individual and Collective men Pre-
Thy lfe" It's the duty OF the nation, entrusted
1t IS with the grandest and nobes trust thai ever was
committed 70 political society," TO preserve It's own life
That life assaed for tour long years by armed re-
volt and treason Three years have elapsed since the
surrender OF the armies OF the rebellion, when the
cloud OF battles lifted from the stricken fields Of thu
Potomac TO the banks Of the Rio Grande the fact
disclosed that State institutions constitutional state gov
ernments, had persisted in that conflict The people Of
the United states asked no indemnity Tor the past;
they asked only security for the future. In
sented in the year 1866, It was only asked
OF these late insurgents in arms that irrapealable
covenant should be placed in tho constitution Of The
which would mako like rebellion forever impossible,
and which would realize by the silent majesty and voice
Of the law the grand purpose for which tne constitution
itself the establishment; Of Justice
aud the security OF liberty That IL what was asked
The people Of the North accepted It. They accepted il
with a unanimity without parallel in the political con-
tests Of this age or OF airy age. 1t was rejected re-
jecsed with sccrn and contempt BY those madmen who
but yesterday lifted up their hands in violence against
tho holy temple OF ibertes and stand here,
the OF The people to take the ana
70 o. S a.
them as never struck haLds In that mad
revolt to accept these conditions and be returned
the LANGUAGE Of the bill, ITO political power in the
Union" Let the people Of this country decide between
whether the people OF the South shall impose taxa
ton to reimburse the Of the rebellion; whether
emancipated slaves, and whether they shall into
the halls OF Congress In the persons OF their senators
ed faith Of this nation That the issue which made
up here. That is the issue on which we so 10 the
people, That Is the ground which enact this law
We say TO the General of the Army Carry cut the pro-
visions Of this act in good faith Ny colleague tMr
Cary rises in his scat and asks whether the General or
the Army responsible he. violate this law and
tampe,upon the rights OF the people regret that
colleague deemed hs duty make such inquiry say 10
the General OF the Army 70 every other judicial
and executive officer ofa,he government, that he is
neither above the people nor above the peoples laws
The General of your army IL but .he creature Of Con-
ann fvuau Mt VIII
General may unmake him to-m l answer my
colleague further that by the filth section OF the BILL If
this law he Ia liable by its very terms be arraigned
before the civil tribunals OF the United States In
on convection is liable to take bis place tho peni
tertiary and pay forfeit not exceeding $4,000 trust
that my colleague is satisfied with the severity Of the
penalty. Another objection raised by these gentlemen
Il that invade the privileges and powers OF the judi
ciary. respect tho judiciary - much as any
fsnasr bus A' cannot forget in this contest
II would. the utserance Of that profound thinker
Montesquen who, speaking q the three departments
OF the government-the Executive the Legislative and
the Judiciary touching these matters which
go foundation OF society," the Judiciary next TO
and has not tho power to execute that, save the
pleasure Of the Executive The Judiciary has its func
oDs % ssa S e .s ana IN the
faithful and honest performance OF Its functons but
the judiciary Of the United States has no power to
revise the questions entrusted exclusively to the sgs
lative department OF the government az to whether
. ISsato is within this Union or not, or as
TO whether It has q republican form Of gov.
that high misunderstanding in the Rhode Island case
and has soemnly decided that Is question for the
political department OF the government and that the
decision OF 1t by that department concludes tia judi.
ciary II must be se-svident that II the Judiciary Of
ter and to decide to-day contrary the decision Of
Congress, that south Carolina has republican govern
ment and has the right to exercise political power in
the Union might decide tomorrow OF the rest Of the
States that they republican and
are not entitled exercise political power That would
10 decide away the life Of the nation Sir the nation,
life 10 the keeping Of the nations laws, and the Su-
preme Court cannot touch IT, The moment the Supreme
Court dares interfere with that question lays vo-
lent hands on the very ark OF the covenant OF the
people and Il ought TO suffer annihation. Touching
the authority vested In the General Of army by
this btu read as though 1t had been written Tor this
very emergency, the line In your constitution which
cones the power and puts end 70 all debate and that
is that Congress shall have the power 10 prescribe rules
that is lawsl for the government Of the land and
val forces This takes away nothing from the Executive
si tive honor faithfully to execute he laws" Not make
them. but faithfully to execute them In and
form the laws themselves prescribe Tor their
ton and that there might be mistake about IT, that
even the wayfaring man, though fool might not err
therein the makers Of the constitution the
executive power should take care that The laws be faith
fully executed They took care, further 10 provide
that the President should be bound by oath, that
chain OF adanant which binds the conferences Of to
the throne Of Eternal Truth and Justice, to faithfully
carry out the lava Let that be- DONE and all Is we'll
with the republic. Gentlemen. do not talk about
this law expressing anybody, or injaring anybody,
or outragng anybody. IL was the right Of
inurng ANY body ouragng anybody 1t tho righs
OF this triumphant people to make inquest for food all
over that land which rich with the blood Of
braves and to consgn the offenders there either
10 the darkness Of the grave to sleep the sleep
felons or TO an eternal Punishment 1t is otherwise
with them This people has right 70 insist upon II that
civil governments shall be restored and restored
speedily In accordance with their own Law
that vast track OF country. IL has three
times the territorial extent Of the empire
Of France and Is capable in tho hands OF honest ntel-
gent frcemsn OF furnishing homes Of abundance and Of
comfort to three limos the population OF France-to
more than one hundred millions OF freomen. II is a
part OF your native land and OF mine, and stand here
as the representative Of the people to insist that u shall
rise from It's ashes clothed In the form and dignity
OF law and invite there the industrial power Of the rc
rcsentatives OF every civilized nation the globe, and
that II shall pay It's tribute from year year and from
generation TO generation into tho Treasury Of
mon country IN order 10 make good our pledged faith
to the living and to the dead defenders Of tho republic
Let this DO DONE Mr. Speaker and all Is we'll with the
republic. Let DO done and the dream Of Its illustr
GUS founders Is fully realized Let Il DO done and the
word will 90 out ovcr all the world that will shake the
foundation OF every tyrants throne and compel every
hAYA