The New York herald., 1869-01-26


failed to comply with the reconstruction laws. and
a not therefore, entitled to representation In Con-
gress. On this subject the Reconstruction Commit
tee is divided; but majority OF them favor Pane's
proposition. and 1t viii be sustained by majority
| Of the House.
The Case of the Georgia Senator.
| Senator Trumbull, from the Committee on the Ju-
dietary, made minority report to the Senate TO-
day, in which he had the concurrence OF Senator
Hendricks, advocating the claim to admission OF
Joshua A. Hill, OF Georgia, Senator elect from that
State. The document was drawn up by Mr.. Trum-
bull, and Is q lengthy clear and candid exposition
OF the right Of Mr. Hill to his seat in the Senate The
majority report was chiefly framed by Senator
Stewart, and was agreed to- in both its details
and conclusion, by Senators Edmunds and
Rice. Senator Conkling concurred in the con-
clusi0n that Mr. Hill ought not to be ad-
mitted, and agreed that the report be made.
Senator Freinghuysen soncurred, also in the
conclusion with the qualification that Mr. Hr ought
not now to be admitted. Senator Trumbull starts
out in his report by saying that after careful
siderati0n OF the law and the facts in the Of
Joshua A. Hill he Is forced to the conclusion that
there is nothing to nvaldate the claim OF tnat gen.
eman TO his scat in the Senate Of the United States
Joshua A. Hill he finds In the first instance, to pos
sess all the requisite personal qualifications for
Senator. Nothing was advanced to show that he
had ever fatered In his devotion to the Union. He
was a true Union man when life and happiness were
endangered in being one. He was duly elected BY
the Legislature Of Georgia, which was organized
in strict accordance with the reconstruction acts Of
Congress- and was SO declared in the written report
Of Major General Meade Against his moral or polti.
cal Integrity no charges were discovered, and the
only objection the majority Of the committee could
find was that the legislature which elected him had
four Senators and three Representatives in its body
who said to be ineligible under the fourteenth
amendment to the constitution, and that therefore
his election was invadated. In any legislature num-
bering as many members as that Of Georgia the same
number Of persons could be found who might be de-
clared ineligible by reason Of being frauduently
elected, or from other causes; but until committee
Of investigation had pronounced upon their case
these members could not be debarred from
exercising the privileges Of the rest. There was
evidence however, before the committee that the
case OF those against whom charges were preferred
in the Georgia Legislature as being incapable Of
qualifying under the fourteenth amendment was
duly passed upon by the members themselves, who
were the properly authorized party to decide In
such an instance. This objection he looked upon as
being entirely too weak to sustain the against
Mr.. Hill. Mr. Trumbull then addresses himself to
recapitulation and commentary on the various
stages Of reconstruction, from the provisional
to the final admission Of the State Of
Georgia. In the contest between the Pre-.
sident and Congress the latter finally tri-
umphed, and laid down the principle 1t has since
maintained, and which the people OF the North en-
dorsed at the ballot box, that the final admission
Of any one OF the eleven Southern States depended
solely upon the adaptation Of its constitution to the
Reconstruction laws OF Congress- This was the
guarantee that was asked and in complying with 1t
seven States were restored to their place in the
Union. Congress did not mean to lay down laws to
govern the local organization OF these State govern
ments further than to require the adoption Of the
fourteenth amendment, the provisions Of which
regulated the eligibility OF persons to hold ONCE.
Congress having decided that Georgia entitled to
representation through the state government organ
ized under the reconstruction acts, on complying
with the conditions therein named It is not
competent for either house, now that the
conditions have been compiled with, to re-
fuse admission to members on the ground that
the State is not entitled to representation. For
either house to do so would be for such house to
set aside solemn act Of C0ngress, passed by
both houses, and TO repudafe the principle on
which 1t differed from the President and went be-
fore the people IN the popular elections. The House
OF Representatives conforming to the law OF Con.
gress, has admitted to seats the Representatives
from Georgia, against whom no personal objection
was made, without any further inquiry than whether
Georgia had compiled with the conditions OF the
act OF June Is, 1858. No attempt was made in
that body to revise the decision OF Congress. The
precedent now attempted be set is dangerous and
nmical In the extreme to the integrity OF our free
institutions. It will not do to ignore the existence
of the powerful political party that lost the last great
election. few years hence they may, by revou-
tion OF power be IN the ascendancy, and following the
example sought to be established In the case OF this
Georgia Senator, there would be no inconsistency in
their rejecting the Senators from Illinois or any other
state whose political aIlliations were not In har-
mony with their own. In conclusion, Mr. Trumbull
cites q number OF reports to show the manner In
which the organization OF the Georgia Leglsla-
ture was effected and how the election OF
Joshua A. Hill was conducted. The expulsion OF
the colored members OF the Legislature is shown to
have taken place over month after the election OF
Hil and could not be held to efYect the dprori act
by any process OF law reasoning The letters and
memorials, written to influence the case Mr.. Trum-
bun looks upon as being Of too trining weight In
the important matter OF deprivng lawfully elected
Senator Of his seat. The majority report OF the
Judiciary Committee has but one argument aeainst
the admission OF Hill-namey that four Senators and
three Representatives said to be in the Legisla.
ture that elected him who were ineligible by
virtue OF the fourteenth amendment. whether
these ineligible Representatives toted Tor
Hill or the other two candidates there
y no evidence 70 shQv The report takes the ground
that the Legislature was rendered incapable OF
legally elecng United States Senator by reason Of
the seven tainted sheep in its midst. and, resting
itself on this argument protests against Mr. Hills
admission. II deals In good deal OF defamation
about the outrages and usurpations OF the Georgia
Legislature and states that In period OF about
year the officials OF the Freedmcns Bureau reported
$50 murders attempts at murder on loyal coored
persons In the State not to speak OF outrages on the
loyal white population. BY comparison the minority
report Of Mr. Trumbu has the superiority, as far as
facts, logic and fair play are concerned.
The Louialana Contested Election Case.
The contested election case from Louisiana excites
more than ordinary interest," account OF the negro
Congressman Mcnard being one Of the contestants,
or rather the renreaenfafiye of one Of the confes