The Placer herald. [volume] (Auburn, Placer County, Calif.) 1855-1991, 1868-09-26

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Senator from Wisconsin. Originally a
Democrat he very early joined the Repub-
lican party, and by his fine talents and
high personal character contributed greatly
to build it up in the Northwest. He was
an ardent Union man and supporter OF the
war and of Mr.. Lincoln and his Admins
.ro+ion. Having been elected to the United
ctotos Senate he continued to act with tho
Ranublican party until the Radicals OBJ
,,;noa the control of it, and departing
wholly from the principles and policy OF
tha party and Of Mr.. Lincoln and his Adj
mipistration during the war, engaged in
their revolutionary and unconstitutional
negro military policy of reconstruction in
the South. He voted with Fessonden,
Grimes. Trumbull, and other Republican
Senators against conviction OF the Presi-
dent in the abortivo impeachment. His
sneech will be read with interest by all
fair-minded men of whatever party.
FELLOW Crr1zENs:-Great questions now
divide the public mind; questions of fl
nance, and questions growing, out OF re-
construction, involving tho rights OF States
and the power of Congress to force negro
suffrage upon the States OF the South
against their will. 1t is impossible for me,
in a single address, to go over the whole
ground, and to discuss, in all their bear
ings these great questions, and am COM
PEELED, therefore, TO contlne myself mainly
to the consideration OF one OF them, on this
occasion, and that question will BIO the
great question of reconstruction; and first
OF all, tellow-citizens, let us inquire which
department of the Government has power
under the Constitution to mako peace. For
this is fundamental.
The Hon. Schuyler Colfax, who lives in
this Congressional District, and who is the
candidate of the Radical party for Vice
President Of the United States, in speech
made about year ago, in the town where
| reside in Wisconsin, said: " The Consti
stitution of the United Statos gives to Con-
gress the power to declare war, and, there
fore, of necessity, Congress has the power
to make peace" Is that true Docs tho
Constitution give to Congress tho power to
make peace? Suppose we have been ell
gagged in long and bloody struggle with
foreign power, and peace is to be made,
which department OF the Government Is
charged with the responsibility OF negoti-
atng the terms of peace? 1t Is the Presl-
dent of the United Statos who is authorized
by the Constitution to make treaty OF
peace, and " hon that treaty is made to sub
NIT it to the Senate of the United States
for their ratification, and if two-thirds of
the Senate shall concur in its ratification,
the treaty becomes established as the SUI
prene law of the land, and peace is made
mon the terms OF the treaty. Congress
has oower to negotiate treaties; Congress
has NO power to make peace with foreign
powers The people of the United states,
under the Constitution, which wisely dis
tributes tho powers OF tho Government,
have clothed the President OF the United
States with the treaty-making power, sub
jeet only to the advice and consent OF tile
Senate.
How does this stand when civil war
arises, and after tho close of the civil war,
peace is to DO made. Which department of
the Government is clothed with this i'm
portant power? Is it Congress or is it tho
President? That is the question. 1t is
fundamental. 1t lies at the very bottom of
reconstruction or restoration to the rights
of citizenship of all the people of the South
and therefore you will allow me to discuss
this question seriously. For my purpose,
follow citizens, is not to appeal to your pas
sions nor your prejudices, but to appeal to
your judgments, your consclences, your
patriotism as mon, no matter to what party
you belong.
LOU me eau your altenlion W 1Lo lao' .na'
Wheh tle Cohsututioh was mage, tlie mon
VINO lauo ~, the wlsess 1ouy vi hlen, pSi
naps' slla1 ever assempleu upon e.s eal'h,
roiuseu W siSo Congress .nS powei W MANI
peace, ana wlen one eeht,elnan propos99t1'
NJ tnaI Goaive.ielon ena' oonsloss s,,o h,'t
t to. oliy nave tlle power W oGcla,e war pu.
oe power h also 10 maze Peaue, ~ was s.rionen
Uuv AZ VIZ OonTentioi', anu 1le po"e f W
mans i Peace was le,t 10 1he rrosluenI " che
ohlteu states, ana az having control VI the
"9 % power. .:
Ill mere ~ tl1ls lurther cause IN the Oonsu-
M'lon' Mhioh becomes ali-mportant 1or us
49, W oonsaueL; tor ~ iles az me very iouHua-
n uoh VI n1ahih9 peace WIN inc people 0i !ile
Soutn. ~ III sno power 10 PARDON. Wnlcn
ue ;l ,nlene VI lhe government Is ciotneu
Miri .ils iiion PLeroRaIlve 10 PARDON Oel,
S S,uly IL Is not tne Congress OF 1ne Unitea
5 Jo',t ~ 10 Ihe IIesloen.' anu !le [resl-
I horo Az atohe. 10 nm, ana 10 nm alone,
,%,u 'iie peop1e VI !ne United STATES, ny
b bilao ", .lio Oohs5rtutioh, lntIustea tiils
H;S Sn PneroeMtlve. me communion ,, pro.
s shuTS Ia ~ many wofas. Inc fresldehs
,n%ii aaxo power W grant leprieVgs ana
Stot -,
s SII es except In cases OF impeachment.
,nr u uS,iei uases, an ether onehses, no mat
r ,oi h MHaI thoy NAV be, wheher ofienses OF
9 orSa;1, Or tfeason' or murder, or ooun-
s on,;e,.inS Whatever the o1ehses may DC
p raaiS sne laws OF the united states 10 me
now v1tuem., ana 10 the resident alone tle
p powoi was given TO grant pardon ana am
,no1,s ' !, anu, 1eilow-cltizens, tnat l may
nlan ne n tliis polnt perfectly clear that may
plove siis before you IN light SO clear ana
d f.nip,e aug PLAIN that every chlld may un-
oe it. that no person can be mistaken
10 nay mave rlght to be mistaken, VII! read
tbss 1 su d lew sentences from the decision OF
as to the Uo9rt on 5ns
a ps[aoh !. and as to the effect OF the pardon
nr yvr ~ ~ granted The CONSTITUTION
t tho Dues, says the supreme Court "that
ra, u resident shall have power to grant
tbp e Wn;e ana pardons for offenses against
.ne United States, except in case of impeach-
Ih mt,,d ana the power thus conferred is un-