The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-02-07

Lieutenant w. A. Clarke. or the United states NAVY,
10 accept gold medal from the King OF the Ncther-
lands and o similar one authorizing Lieutenant ".
A. Clarke, OF the navy, to accept gold medal IRON
The Emperor OF the French.
Mr.. HOWE. rep.l OF Wiz, introduced bi to grant
lands 10 the superior aud state Line Railroad Re
Tered 10 the Committee GU Public Lands
THE TENURE or OFFICE Law.
On motion OF MIR. EDMuNDs the Senate took up the
bil TO repeal the tenure Of Office law. Mr.. Ednunds
said the bill, as II had come from The House, pro
posed to remove all legal restrictions nom the Presi
dent In the exercise OF the power OF appointments
and removal. The Senate Judiciary Committee haa
not thought II to do that ana had therefore re-
permit the President TO suspend civil 0iicev wnen-
ever IN ms judgment public good may require ",
subject to the approval u the Senate, and without
giving specific reasons for such suspension. The
majority OF the Committee OF which he was not
one had thought IL 1T that the heads OF the Depart
ments should be subject to removal the viii Or the
President alone, aud had reported an amendment to
that effect.
MI. MORTON rep, OF Ind, was In favor OF the
total repeal OF the law. lie believed ii was Q mis-
take In the beginning, and did not believe the public
but ON the contrary felt satisfied that the law had
been used, 10 some extent 70 put thieves IN office,
and keeping them there he liked the amendment
proposed by the committee, far Il allowed the
President TO choose the members OF his cabinet and
thought the idea Of ever deprivng q President OF
which would allow the President to suspend an ON
Ger during The session o. Congress without irving
reasons for such suspension would make the bill
worse than the law IL proposed 10 repeal
Mr.. HOWE did not think IL wise to except Cabinet
officers from the general provisions " The law. He
could not see any reason why a President should be
allowed to dismiss Cabinet Officer at pleasure
when he wonld not also be at liberty TO dismiss the
head Of the Internal Revenue Department or any
military, naval or judicial officer. he conld moi
agree with the senator from Indiana (Mr. Norton
pus e sss s & E az ns
could Just as readily dispose OF dishonest officer
Me- ina sa ~ 1s so y rs sas hone
that the Senator from Vermont tr EdInnnis) would
press the bill upon the attention Of the Senate every
day until IL should pass, and ne was in favor Of
passing 1t IN the form in which it had come from the
House, Internationally repeating the law.
me discussion continued until the expiration OF
Inc morning hour, when the Senate resumed the
consideration or
THE CONSTITUTIONAL AMENpMRkT
Mr.. DAVIS. ldem.) OF KY, was entitled to the floor
but said he felt TOO unwe to speak, and yielded the
usSs wS pyS 3 Ss T0 ts sa propo sss
our system Of government; Ours il divided sys.
TEN. We have state S0vefhnient and Ieleral
government ana tne sitEeRs owe a!legance 70 DoiN
lutte sovereignty: each is endowed with limited SOW
ereignty The STATES sovereign except so fur az
they have parted with their sovereignty unuer the
constitution OF the United States: and the federal
government Is sovereign Just far as the cpnsttu
ton or the United states has clothed il with sover
eighty. ours - compost system, simple III theory
yet sometimes difficult IN practice This division or
power In our government distinguishes from every
OLHef form OF government thaL has ever existed
upon the EARTH and it was in ibis feature Of i. that
our ancestors believe they had made a great adj
vance In the science Of human government From
the mperfcctloD Of human language II D. Impossible
TO define the position Of the State governments aud
the federal government clearly as 10 leave no
for doubt: but here are some points in the con-
stirution where these powers are 40 clearly defined
and distinguished that no man in his sense can be
for moment mistaken In regard TO thcrn. Upon
the question whether the power 10 negotiate sui
fragc should DO delegated 10 the federal govern
ment or reserved % the States Inc understanding
aud opinions Of the trainers OF our constitution
that even Mr. Hamilton tho great representative
night aiIl0st say me ncaTnaticn--eI federalism.
into the constitution Of the United States power ~
the general government TO control the question OF
calculated to destroy tie cove fments Ui The states
yet tht is what TINS amendment proposes TO do.
The power which chs nendment proposes 70 con.
,.sn. IS strSlnt judges OF election 70 count the
votes ID the states anu secure the results OF the
cUlored vote: Tor this constitutional provision which
You propose Is nothing more nor less than
mere declaration, unless Congress have power To
iegisatc and carry ir into effect. Necessarily, there
lore The power Of enforcing 1t must 60 With IT, ana
IL that goes with II where Is 20 be the cndf How
many officers o. the governnenrmusf be- sent intD
the States to take charge Of the elections 10 see
that the persons for Whose benefit the amendment
made are permitted to vote The Senator frum Mas
aachnsetts Mr. Sumner, seems to tnd IN the const.
tuition, AZ II now stands, this power but bis great
teacher Jndge Ssoy thought THAI The attempt To put
such profis Ia the constitution would show pre-
maintain thai the right 10 fix the quaiiiicat ons
Of voters essential 10 republican form o, gov
10 determine for itself who shall and who shall not
vote can be called republican, for II has lost the
power to govern itself; u Congress ran determine
who shall and who shall not vote Ia Indiana, the
people 81 Indiana no longer govern thcInseiyes.
This Is not a proposition by way q amsAdMenl Of
insiona proposition to ovesthrow Tie ccsstiidtAog
!. has llyed. and lls Preservation Of which
suppose. the proposition were to amend the
constitution which declares the United states
shall guarantee to each state a republican
form OF government, by striking opI the
word republican, ana inserting '.m0narch'cali lt
would not he an amendment To the constitution: it
would he revolution. But II Is scarcely less so for
the federal government TO take to Itself the control
the suffrage In the states, because in doing so
Il strikes at tue life Of our republican institutions
1t IN essential TO che liberty vi state and To the
liberty OF the individual within the state that the
state shall be unrestricted IN its power TO govern
itself; and in order To govern Itself il must have the
right TO determine VINO shall vote and who shall
not vote, because IL s IN this voting power
tnat tue government o. TINS country resides.
10 Capitalization. 10 when tine war gave new life,
which IL hurrying s on with aveociiy which makes
every honest lover OF his country tremDe for tiie
future, and which makes the excited and fauaticsl
men nj our time leap for loyunlGss we reslsf
this tendency successfuly-rhc days Of our rcpublk
can institutions are already numbered IL should
be remembered that the great nsss Of our rivnis
and liberties are defended. not by the laws of Con
live What defends me, "A citizen VI Wisconsin, a.
my rights Of person and property Not the laws
Of Congress- but the laws OF Wisconsin,: SDd repeat
that unless resist this cenfraIizing tendency
ana revive among our people more love for the
states end more respect Tor the rights OF the states
liberties are gone Mr. Dooirtle cited the sue.
ccssjve platforms and acts " the republican party
extracts showing. as he claimed, steady advance
towards continuation.
Mr.. BAyAED, tien.p of DEL, followed he denied
that the general government could properly, under
any circumstances, assume che right 10 rontroJ sur
fraGe IN the States, because he regarded ours a. a
government o. specially delegated powers al powers
not ~ delegated being reserved to the
states. Hat n Congress should insist upon
submitting this amendment the SUBMISSION, if
good latin were 70 be observed. should
he made 10 convention Legislature, elected with
special reference to the ratification reJection OF
The amendment, and " II were 30 made lie lott cou
dent the people u the several states would never
consent 10 Bartender their State rights A. 10 the
special Ojcci OF the amendment the enfranchist.
ment u the negro, he regarded u ~ IN experiment,
which, II carried out must result disastruJsy 10 the
black race because nc held II 90 he wcl established
truth that where two races Of men ~ country
different their fusion euuaiisv