Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1871-03-29
Our Washington Correspondence.

that III Will enter upon no legIsidion eAoePe
the deficiency bill-defciency bills are always
in order here, appropriations are always
overrun-and the Ku-Klux legislation, and
it is now discussing resolution instructlng
its judiciary committee to report some bill
for Furnishing Ku-Klux outrages. When it
will get through debate and pass the resolu-
ton, cannst be told,-when the committee
can agree to a report is, if possible, more
doubtful-and when the Senate will get to
vote on any such report, it is quite impossible
to predict with certainty.
The House has persistently voted to adjourn
at the earliest possible day, and it is still of
that mind; although the Presidents message
which has been referred to a committee, will
be first carefully considered. 1t is worth
mentioning, in respect to this message, that
the President has changed his mind several
times about it. Until Thursday, although
continually importuned to do so, he has de-
clined to send in message recommending
legislation as to affairs in the South, but he
has, at the same time, agreed with those
who thought Congress had better adjourn,
and with those who thought it ought not to
adjourn Wednesday he promised to send in
message; Wednesday evening he concluded
not to do so Thursday afternoon, after
consultation with his special favOrites, he
finally sent in his communication. As re-
suit of it, it now seems probable that some
sort of a law intended to have effect upon the
operations of the Ku-Klux-Klan, will be
agreed to after tedious and belligerent de-
bate in which both sides will try to make
political capital but when this result will
be reached your readers can judge as well
as l.
The defects,-or rather the deficiencies
in the present laws, and which the Presi-
dent thinks ought TO be remedied, - are that
they only provide for what has been hitherto
supposed to be the only constitutional remedy
for such evils The President has now full
power to use the army and navy and militia
to enforce all federal laws and all violations
of the laws of the United States are now
cognizable in the United States Court. The
United States courts also have jurisdiction of
offenies against persons as voters. But muir
der, ar son, robbery, whippings, are low only
crimes by State law and the courts have
hithert1 held that such crimes, when com
mitted in the limits of State, cannot con-
stitutionally, be declared to be offences pun
ishable by United States laws. When the
State authorities, according to the provisions
of the constitution, call upon the President
for aid in suppressing disorders in the State,
the President has now full power to send the
entire army, if he chooses to do 50, in response
to the call and he is just now exercising that
power in the case of South Carolina. New
interpretations Of the constitution are now g,
however, pressed on the attention OF Con
gress interpretations which practically
obliterate the line Of division between State
and federal authority, and make it the duty OF
! Congress to do, in a State, whatever in the
opinion of those who happen for the time to
be majority Of that body, the State ought
to do, and has failed 10 do. Under this rule
of int expectation, if the system Of education
in Vermont does mt suit a majority of Con
gress, that majority may adopt any other
system it pleases and compel Vermont TO ac-
cept it and be taxed to maintain it. If the
State judicial system of Vermont is mt ad-
ministered to suit Congress, then Congress,
according to this doctrine, may practically
abolish it, and put the federal system in its
place. In short, this Interpretation Of the
constitutional powers of Congress, puts every
institution of the States at the mercy Of what
may for the time be political majority Of
Z D,r,7Ilf.ov, -.
in other words, it abolishes the States. 1t
should be borne in mind that this view of the
constitution goes entirely beyond what was
even claimed during the most trying times
in the recent rebellion. No Republican
doubts the power of Congress to suppress an
instruction, by using the army, and taking
control of States, if the instruction renders
such step necessary nor does any Repub-
lcan doubt the power of Congress and the
President to enforce the laws Of the United
States everywhere, by armed force if need be
| All that power now exists in the laws, and
when the Ku Klux outrages amount to re-
sistance to the authority of the United States
they can be dealt with under the present
statutes. When they stop short Of that, the
offenses are equitable by State laws and
the fact that the States fail for any reason to
hunt out and punish the offenders, cannot
confer any additional powers upon Congress.
This, [ understand, is the opinion Of many
Republicans in both Houses, and it is thi.
opinion which has thus far prevented any
legislation upon the subject
The action of the Senate in refusing to %
into general legislation will prevent the re-
peal of the duty on salt and coal during thi'
session in fact that was the purpose of the
Senate in fixing limit to the legislative
business it would enter upon. Very many
projects are earnestly pressed upon the atten.
tiOn of Congress but this decision gives them
decidedly the cold shoulder The resources
of the lobby are, however infinite, and if
Congress remains in session much longer i
will be difficult to maintain the restrictive
resolution of the Senate Besides the San Do
mingo commissioners will be here next weeI
with the favorable report they were expected
to make when they were appoin ted, and the
President may change his mind and conclud,
to ask Congress to consider the subject O
annexing half of the island of San Domingo
to put Baez in pocket money and get up &
war with Hayti. To be sure the President.
friends now give out that nothing more is tt
be done-except printing the report of the
commissioners-until December. as this il
not considered favorable moment for push.
ing that scheme. Nothing but the most lib
eral use of executive influence and pat
ronage could now secure for this measure
even majority, much less the two thirds
vote required to ratify treaty And while