New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-06-28
Hen 0rleans $epMbnea,s.
OFFICIAL JOURNAL Of THE UNITED STATES.
uFFIrIal JOURNAL OF THE CITY OF NEW ORLEANS



lw.hinston DUNE ~ 4,S dispatch to tho Ne" Y0f'
Any information concerning the political
opinions and views of the new Attorney
General will be interesting at this particu-
lar moment, and Republicans especially
may be grsti6ed to learn that his opinions
on certain constitutional questions,
ofthe fourteenth and fifteenth amendments
to the constitution of the United States, are
AZ far advanced, and as broad, even, as
those of Judge Bingham, than whom there
il not in Congress man who has more
hr-reaching grasp of constitutional ques-
Al the last session of the Fortieth Congress
that body began TO take cognizance Of the
condition of things in Georgia which fol-
lowed the expulsion of the colored members
from the Legislature. Mr.. Alderman was
among the witnesses summoned to testify as
to affairs in that State, and as to the correc.
tives which should be applied, Many of the
opinion were local in their character, and
have since been superseded by a change in
the nature and condition of things, but his
views on other points are very interesting at
this moment. After giving history Of the
outrsges and difficulties which attended the
voting ct his own town of Elbert0n, in the
election of 1868, he referred to the insecurity
laxity in enforcing the laws, and said:
"1 think, however, that some action by
Congress is desirable, and that action should
be founded upon the power which Congress
possesses under the fourteenth amendment
Of the constitution, which forbids any State
from denying to any ~ class OF Its citizens the
"By Mr.. Beck: Question In other words,
you think that carrying out the fourteenth
amendment by Congressional legislation, ap-
piicable to al the States, would be q sufd-
Client protection to the people of Georgia?
Answer-I think there should be some
special legislation over the people Of Georgia.
gress passing under that amendment. for q
particular State, legislation which did not
bear upon all? A. With all due Difference, l
think not: the amendment provides that no
State shall deny to any person within its
Jurisdiction the equal protection of the law,
and think when any State does deny that
protection, Congress may enact law bear
stance, the composition Of our General As.
sembly is supposed, and think correctly,
to stand in the way of the enactment of
such laws as will do justice to oil classes of
people; the composition of that Legislature
has been changed, In violation of what
understand to be the constitution Of Geor-
gia; think there is machinery, which Is
still potential, that Congress can put in mo-
ton and correct the defects in the compost
ton of the State Legislature"
This was in December, 1868, before the
composition of the Legislature had been cor
rected BY action Of Congress. and at time |
when the representatives of Georgia were |
absolutely on the floor of Congress.
by Mr.. Beaman: Q. You think, then, the |
reconstruction laws have not been executed |
in Georgia? A. think they have been ex.
ecuted, but that Congress may resort to this |
legislation under the powers given by the |
fourteenth amendment to the constitution. |
20. Then you think the present govern
ment Of Georgia is provisional /? A. No, sir.
ready been adjudicated by Congress.
30. Do you think Congress could pass
law to assemble convention in the State
of Massachusetts, and correct any wrong
existing there! A. Undoubtedly; think
Congress has fixed up the very machinery
in that amendment to enable you to do this;
I do not see of what use the first section Of |
this last amendment is, unless it is applica.
Die to just such Q case.
20. Then could not Congress directly re- /
instate these men who are excluded? A.
Perhaps Congress might. think it would
be better TO use the machinery of the State;
/ think the fifth section of that amendment
to the Constitution of the United States
gives Congress full power over the legisla
ton Of an; State.
"Q.-Do you mean to be understood that
Congress has power by law to require con.
vention to modify the constitution of your
State? Alt has power to reassemble the
in my judgment; and l will
state why believe the machinery provided
is perfectly applicable to this case. In my
Judgment, Congress, under the amendment
of the constitution, has the right to remove
the government of any State which fails to
do justice as required under that article of
the constitution. Still, however, by an
other part of the constitution, Congress is
bound to do it in way that such State
and the manner have pointed out, by con-
vening the convention, would carry out
that provision, the convention having 80
recently been elected by the people, and not
having finally adjourned:
20. Then it comes to this, that Congress
may call q convention in any State in the
Union to review and amend their constitu-
ton? A. I think so; have no doubt Of the
fact that Congress possesses such power and
under that amendment of the constitution.
other ideas about the condition Of affairs in
Georgia at that time, which are not pertinent
now, inasmuch as the status of affairs has
changed since that time. He is,
however, an earnest advocate of the imme.
1iate admission of Georgia. and if confirmed,
Congress will be apprised of that fact, in
case of much further delay on the subject.
:. ILLNEss OF CELEBRITIES.
New swiadllns Scheme.
A special to the Louisville Courier.J Journal
nays: |