Evening Star Newspaper, January 7, 1867, Page 1

THE EVENING STAR - IS PUBLISHED DAILY,/SUNDAY EXCEPTED) AT THE STAR BUILDING, Southwest corner Penn'a. aotnue and Lith street BY WwW. D. WALLACH. cr stiegreivenin i The STAR is served by tae carriers to their subscribers in the City and District at Tex CENTS PER WEEK. Copies at the counter, with or without wrappers, Two CexTs each. PRICE rOoR Matine,-Three months, ’One Deiler and Fifty Cents; stx months, Three Dol- ders; one year, Fire Dollars. No papers aro sent from the offce longer than paid for. The WEEKLY sTAR—published on Friday ‘ mortning—One Dollar and a Half a Year, TELEGRAMS. &c. ‘There bas been considerable excitement the liquor dealers and sporting frater- soars in Boston within the past few days in tonsequence of the nume raids and seize ures at their establishments by tne State con- stabulary. it is known tba* amovement is on foot to operate against the State constabuiary in the Legisiatare, and thé ultra temperance people are a'so prepsring to advocate more stringent measures thanever. Although half a dozen prominent establishments were visited on Friday night, arrests made. aad all their implements seized, they were in full operation the next day, and at one place it is said nearly three Dundred persons were present. There was a great fire at Yokohama. Japan on the 26th of November, by which two-thirits of that town and the best and most important part of that foreign settlement was destroyed. The French consul lost his office and ail his private property. The Eng.ish consul also soffered. The new house buiit for the Ameri- ean consulate was also burned, with the whole range of old consulate buildings. The French. American, Prussian, and English post offices, with nearly all the private resi- dences, were burned. The proposition veing entertained by the Jeading hotel keepers in Boston, to shut up their hotels if the course of the constabulary 1s continued was intended to be kept secret until definitely acted upon, and is making no Ivtle sensation where it has become known, particularly among mercantile people. The prosecution against the principal hotels, how- ever, is not carried on by the State constabu- Jary. but by the counsel of some of the smali dealers, who doubtless desire to disgust the Legislature and the public with the law. On Jast Thoreday night the railroad station at Schlesingerville, IL, on the old La Crosse railroad was destroyed by incendiaries. A number of treight cars tetonging to the Mil- waudie and Si. Paul Railroad Company aad 8 quantity of valuble freight were destroyed, and the track torn up im several places. The perpetrators were the farm mortgagees. All efforts to obtain their names have proved una- vailing A newsboy of Toronto, Canada, named Henry Martm, whose father was killed at Bull Xun, bas fallen heir to 200,000 through the death of an uncle, who accumulated a large fortune in Texas, to save which he joined the Confederate army and was killed at Shiloh. Detectives bave been searching tor young Martin for the last three months. Having found him, they left with him for Rochester where his mother is residing. The Rio Grande Courier of the 23d of Decem- ber has been received. Escobedo has not been captured or hung. as reported. but was ‘well on his way to Monterey on the 2ist. The Liberals were then evacusting San Luis Po- and then marching on Monterey, Corti. had joined his fortunes with Canales, xnd bad proclaimed against Juarez, but favored no one in particular. They were going to Tam- pico to arrest Gomez. ‘The early action of the Maryland Legi-la- ture looking to the repeal of the obnoxions features of the Sunday law, according to the estimation of mavy, gives much satisfaction in itimere to those who are anxious to have the Sunday cars. It is expected that the Legis- fature will soon grant this privilege to the Baltimore City Passenger Rat'road Company. A London correspondent writes that the Canadian detegates, rather than aceede to the act giving Protestants privileges refused to Catbolics, will return without adopting any pian of contederation. Tne Hon. John Ross bas left Montreal for England to wateh the in- terests of the Protestants on the part of the cor- peration of McGill College Im the cellar of the Unitarian Church, in Past Cambridge, the Massachusetts constables bave over twelve hundred dollars worth of liquors stored. A cousiderable portion of this was taken at the several boteis in Bington, and will probably be re.urned to the owners under the recent decision of the Superior Court, which was to the effect that liqnor found at botels copnot be confiscated. Mr. Peryis Spears was murdered on Sun- day night (6th alt.) in Warren county, Mis- sissippi, by a band of negroes, and his house burned after being sacked. A portion of the plunder was found in the house of the negroes twoof whom had been arrested, but the others escapea. A New York carman named Samnel J Eben ve, XXIX. ', WASHINGTO? + ‘time in this Congress to do whatever was to be done. He was not, however, in favor of hist- ing a matter of this kind toorapidily. He was willing to afford opportunity for members of Congress to give due consideration to tbe measure pr d. He believed that it ought to be done, but was not willing to go into it unless it could be done thoroughly and cer- tainly. Mr. Spalding, of Ohio, opposed the proposed action very earnestly. He did uot velieve that any good wonld resuit from it. Mr. Higby, of California, thoncht it the most Momentous question that had been presented Tor the consideration of the members of this Congress, and deprecated any Hasty action. Mr. Washburne, of Lilinois, did not think that impeachment was possible; agd while he believed that the President had done maay things sériously objectionable, he thought that the proposition for impeachment should be re- ferred to one of the staading committees, in order that it should be regularly and dispas- sionately con<idered, betore bemg presented for the formal action of the House. Mr. Houtwell, of Massachusetts, supported the proposition of Mr. Ashley. He thought the work should be commenced by the presen Congress. ‘The deba e was quite spirited, Mr. Bingham speaking in bis usual impalsive style, and Mr. Stevens exhibiting a corresponding degree of earnestness. There appeared to be a general disposition upon the part of those present to voie for any imguiry imto the matter as to whether the President sbouid be impeached, while a large number were of the opinion that he ought to be impeached at once. Mr. Bingham made the point that articles of impeacbment, for the reasons he had previ- ously stated, shoula not be preferred during the present Congress tor want of time. He re- minded gentlemen that the trial of Warren Ha: lasted seven years, It was finalty determined that no resolation looking toward the impeachment ot the Presi- Gent sbould be adopted unless sanctioned by a vote of two-thirds of the Repablican members Jn caucus, and that in the meantime all resoin- tions on the subject should be referred to the Judiciary Committee of the House without debate. The caucus was in session about two hours TROUBLE IN TEXAS The Civil Versus the Military Authority. Some days since acapias was served on Maj General Heintzelman, by order of the sneriff of Guadaloupe county, charging him with the commission of some offences against the laws of Texas, commited by his subordinate offi- cers Acting under his (Heintzelman’s) orders from superior authority. General H. refused to comply with the summons to appear before Judge Baldwin, the U.S. District Attorney in a letter in which he says: “A few days since | was served witha pias from Seguin. Guadaloupe county, Tex by Judge Ireland, notoriously disloyal. 1 re- plied by furnishing the orders under which I acted, and the letter of my adjutant oom | enclosing it to the agent of the Freedmen’'s reau at Seguin. He has been indicted for theft for cts committed by another under that or- der. Neither he or 1 went to Seguin. The present disturbed condition of the country will not admit of my leaving my post. I wonld not deem my lite safe in the hands of the legal sutboriues, as 1 know two individuals who were recently taken from the jail in Belton, Bl county, Texas, by @ mob and pnt to death There is astrong feeling against all officers who bave been im any way instrumental in susinining the United States laws, particularly those connected with the Freedmen’s Bureau. The evident object of the process isto an and oppress me for performing my duty, « through me to throw discredit upon the I nited States authorities, in this State.” Judge Baldwin sustained the position of yeneral Heintzelman im an elaborate opinion. Chief Justice Taney, in the case of Ableman ys. Booth, reported in 2t Howard, page 25 said the State authorities conld never have attempted fo grave an offence against the Majesty of the laws of the United States as t) have imprisoned an Ojfficer and at- tempted the imprisonment of others while in the discharge of sworn and imperative nation- al and official duties. No State judge or court, alter (Ley are offic y informed that the party is imprisoved under the authority of the United States, bas any right to interfere with him, or to require him to be brought before them; aud if the authority of a State,in the form of judi- cial process or otherwise, sbould attempt to control the marshal or other anthorized officer ,or agent of the United States in any respect in the custody of the prisoner, it would be his Starr has been arresied for the robbery of his | duty to resist it, and to call to his aid any force employers, Sims & Bro.. during the iast <ix months of $7,000 worth of revolvers and rifles, many of which were sold fora portion of the r value. The greater part of the plunder has been recovered. The U.S steamer Don returned to Fortress Moproe Saturday. having been disabied off Hatteras. The Gettysburg met her there, and Admiral Porter and Assistant Secretary of ~ State, Frederick W, Seward. embarked op ber te continue their journey. é A bogns check swindler, whose name has not yet been made Known, was, arrested in New’ York Saturday for victimizing Freire Bros., E.S. Jaffrey & Co.. Lathrop, Luding- ton & Co., and others. The amounts in each case are not very large. The Ohicago and Rock Island and Pacific -Ratlroad Company has commenced work on ‘he extension between Des Moines.and Coun- cil Biafts. ‘The Sandwich Istands were visited by a se- vere shock of an earthquake November 27. A yoleano burst out shortly afterward, but no damage is reperted. A meeting under the auspices of the Balti. Tere association for the moral and educgtional imprevement of the colored people is to be held at Towusontown. Md. on Wednesday. Ex-Seeretary Harlan. who bas been in Charleston, S_C., for a few days past, left for Washington Saturday night. ‘An anknown man féll from the train on the Centpal read, Georgia, yesterday morning, aad bis head was severed from his body. @ The Spanish squadron emgaced in the bom- oo gg of Valparaiso has arrived at Man- ta. ‘The city government of nearly atl the Mas- Sacbusetts cities will be inaugurated to-day. ‘The Republican members of the House of Representatives held cancus Saturday eve- Zing In the ballof tne House. The Hon. G. W- Scotield. of Pa.. was called to the chair, and.Hon. Ignatius Donnelly, of Minn., acted as secretary. Between fete | and sefenty members were present. Although the sub- ject ander cone: ma galled forth a epir- sted. disoussion, the preceediegs of the caucis weee. on the whole, marked with great nar. Ineny. Mr. Spalding, of Ohio, introduced @ resolu- bor effect that no measures looking to- ward the achment of the President of tue United States should be presented the H monless previously agreed upon in cau- © is was afterward amen with a z iso that, before apy final action be taken ¥ & caucus, ibe subject sho: be referred to ume ittee.on the Judic: . Mr. Asaley, of Obio, moved a further amendment of Mir. Spaiding’s reselution, to the effeet that no articles of impeacaoment the ake beeterted arithout first coming inger the toeration f 4 caucus. This) was Mr. Steveus. of Penn, mowed that the whole enbyect be Inid upon the table. This de. eae the negative by a vote of nearly (wo ‘Theor fesolu¥onas amended was final- ee ot a between Mesers. involved m the — fa whether the House of atatives of the Tnirty- Ninth Comgress coulda p actlelesot im. peacbmeet or which the President could te tied by the Senate of tbe Forteth © or whether. should articles of 11 be now - and the neve them wert con- eluded at ration present Con- grees, t would haveto be renewed ig tne | | SC. U. Fortiet ares. ’ Wr con: Mr. Stevens. of Pa, took the ground that the Senate did nutexpire with the on the 4th of Mareh next, it being a perpetual body. r. Bingham, of Obio, heid diferent apia- that-might be necessary to mamtain the au- thority of law against illegal interference. The pith and moment of the ¢ase, summed up, is simply that an officer of the United States, obeying the orders of his superior, as in this instanee, cannot be interfer with by State authority. The question as to the propriety of your proceedings is inquirable into only by the esa that placed you here and bade you Go thatthing. As-well mightthe President of the Lnited States be dragged trom a Uahinet meeting. on @ civil process, for signing the death warrant of the conspirators, as for you to be carried away from your post on civil process Hints AvourT Hovsexesrine.— We will give to intellect, to religien and't. all virtues, the bonor that belongs tothem. And stil) it may be boldly affirmed that economy, taste, skill and peatness in the kitchen bave a great deal te do in making life happy and prosper. ous. Nor is it imdispensably necessary that a house should be filied with luxuries. The qualifications for ali good housekeeping can be displayed as wellon a smaliscaleasonu a large one. Skillful cooking ie as readily discovered in a nicely baked potato, or a respectable johnny cake. Xs in a nut brown sirloin ora brace of canvass-backs, The charm of good hosseteepine. is the or- der of —— and taste displayed in atte tion to little things, and these little things have & wonderful influence. A dirty kitchen and bad.cooking have driven pate Sone from bome ‘to seek for eomfort and happiness somewhere else. Domestic economy is ascience—a theory of luge which all seasible women ought to study and practice. None of our excellent girls are fit to be married until they are thoroughiy efor in the deep snd profound mysteries of the kitchen. ‘ See to it, all ye who.are mothers, that your daughters are all accomplished by an experi- mental knowledge of good housekeeping. VENTILATION oF Rooxs.—A tew days ago, amongst our city intelligence, was the account of a gentleman in his sleep- ing chamber at an hotel in this city through an escape of gas. This all comes through de- fective venulation. Jf there ‘had been any proper meansim the room tor the supply of fresh air, the gas womid not have been sut- pe ecapain 3 powerful tu have a the cer of the untortunate gentleman e ventilation of sleeping Sonconsahe 4m the houses of New York should be e carefully a:tended to. Owing to the use of steves, there are generally nO open fire places as in houses, whereby a draught of pure air could be kept up any ee pr er 5 oe Efrat are teu: ept ly closed, an 28 a sleeper breathes the sume vitiated here This could easily be remedied. A ven- lator formed ona very simple plan could be on attached to sanavegt oor ee = am \ cans oes one tothe lower rt ofthe door. Thus the nce of a regu- fire place and chimney, would be no pre- ventive toensuring afree ¢ircaiation of air throughout the room: and there would be no occasion for our chronicling such ac: as suffoestion by the escape of gas, which are very common. —N. ¥, Sun. §@-A man in Europe goes to prisom for mx toonths for having three wives. S7-Four s have been in consulta- Nellie Dean, aged twelve, is skaty: sonderteily is Pittsburg. Peet weer B7-Ubicage erected $2,000,000 werth of new ess. | building last year. Lh MeCtellan is expected back from Earope, early in the Spring. p's Property bas been livelled : BOA Chicago. an ijlady of fourtsenelo with a young pe bes pads. of ta was — ried three weeksand then got a divorce. Bn ee eee ae Jobs, arguing that se ove-third of the presant | to ¢wo poer ald wemen Sevators would go out on the President could not after: 1 to be red by & Sepate cemposed of ore-third new embers on articles partially tiedby thepre- ceding Senate r ¢ 7 Unconstitutional, the Texas say law. ‘were two handrad arrests in New "York on Year's day. j OF A negro in New York bit ofa ig eat: y p vens thought (bere would be ample | nose on New Year's day. } Qn decision, at least to decal pur] PRESIDENT’S MESSAGE. ™M \e of the President of the United States, Returning Entifiea “An A 4 tive Pranchise in the District of Co bia.’ en To the Senate of the United States - Ihave received and considered & bill enti- ted “An act to regulate the elective franch we in the District of Columbia,” passed by the Senate on the 13th of December. and by the House of Representatives on the succeeding dey. lt was presented for my approval on ‘sth nitimo—six days after the adjourn. ment of Copgress—and is now returned with my objections to the Senate, im which House it originated. Measures having been introduced, at the commencement of the first session of the pres- ent Congress, for the extension of the elective tranchis persons of color in the District of Columbia, steps were taken by the corporate autborities of Washington and Georgetown to ascertain and make known the opinion of the people of the two cities upon a sabject so im- vedi ely affecting their welfare as a comma- nity. The question was submitted to the peo- be atepecial elections, held in the month of w cember, 1°65, when the qualified yoters of shington and Georgetown, with great una- nimity of sentiment, expressed themselves opposed to the contemplated legislation. In Washington, in a yote of 6,556—the largest, with but two exceptions, ever polled in that city—only thirty-five ballots were cast tor negro suffrage; while in Georgetown, in an aggregate of $13 votes—a number considerably in excess of the average vote at the four pre- ceding annual elections—but one was given in javor of the proposed extension of the elec- tive franchise. As these elections seem to have been conducted With entire fairnes=, the result must be accepted as a truthfal expres- sion of the opinion of the people of the Dis- trict open the question which evoked it. Pos- sessing, as an orgavized community, the same popular rightas the inbabitants of a State or Territory, to make known their will upon matters which affect their social and political condition, they coald have selected no more appropriate mode of memorializing Congress upon the subject of this bill than through the suffrages of their qualified voters. Entirely disregarding the wishes of the people ofthe District of Columbia,Congress has deemed it right and expedient to pass the measure now submitted for my signature. It, therefore, be- comes the duty of the Executive, standing be- tween the legisiation of the one and the will of the other, fairly expressed. to determine wheth- er be should approve the bill, and thus aid in placing upon the statute-booxs of the nation a law agains! which the people to whom ir is to apply have solemnly and with such unanimity protested, or whether he should return it with Bic objections, in the hope that, upon récon- sideration, Congress, acting as the representa- tives of the inhabitants of the seat of govern- rent, will permit them to regulate a purely Jecal question, as to them may seein best suited to their interests and condition. The District of Columbia was ceded to the United States by Maryland and Virginia, in order that it might become the permanent seat of government of the United States. Accepted by Congrese, it at once became subject to the “exclusive legisiation” for which provision is made ia the Federal Constitution. It should be borne in mind, however, that in exercising its funcue the law-making power of the District of Columbia. the authority of the Vational Legisiature is not with limit, bat that Congress is bound to observe the letter and spirit of the Constitution, as well in the enactment of local laws for the seat of govern- Tent, as in legislation common to the entire Uniov. Were itto be admitted that the right sto exercise exclusive legislatien in all cases whatsoever,” conferred upon Congress unlim- ited power within the District of Columbia, bills of attainder and ex post facto laws might be passed and titles of nobility granted within its boundaries. Laws might be made “respect- ing an establishment of religion, or prohibiting the tree exercise thereof: or abridging the free- dom of speech or of the pres*: or the right of the people peaceably to assemble and to peti- tion the Government for a redress of griev- ances.” «The right of the people to be s@cure in their persons, houses, papers, and effects, against unreasonable searches ana seizures,” might with impunity be violated. The right of trial by jury might be denied, excessive bail required, excessive fines impesed. and cruel and unusual punishments inflicted. Despo- Usm wonld thus reign at the seat of govern- ment of a tree Republic, and, as a place ot per- manent residence, it would be avoided by ali who preter the blessings of liberty to the mere emoluments of official positior. It should ajso be remembered that in legista- ting for the Distriet of Columbia, under the Federa) Oonstitation. the reiation of Congress to its inhabitants is analogous to that of a Le- gisiature to the people of a State under their own local constitution. It does not, therefore, sevm to be asking too much that. im matters pertaining to the District, Congress should nave a like respect tor the will and interests of 1s inhabitants as is entertained by a State Legislature for the wishes and rosperity ot thoce for whom they legislate. ‘he spirit of our Constitation and the genius of our Goy- erument require that. in regard to any law which is to affect and have a permanent bear- upon a people, their will should exer: at t a reasonable influence upon those who are sciung in the capacity of their legisiators. Would, tor instance, the Legisiatare of the State of New York, or of Pennsylvania, or of Indiana. or of any State in the Union, in oppe- sitien to the expressed will of a large majority ofthe people whom they were chosen to rep- resent, arbitrarily force upon them, as voters, All persons of the Atrican or negro race, and make them eligible tor office. without any other qualification than a certain term of residence within the State? In neither of the States named would the colored population, when acting together, be able te produce any t social or political result. Yet, in New ork, betore be cat vote, the man of color must ful- fill conditions that are not required of the white citizen; in Pennsyivania the electi franchise fs restricted to white freemen: while in Indiana negroes and mulattoes areex; Tess) excinded from the right of suffrage. It araiy serms consistent with the principles of rieht and justice that representatives of States where suffrage is either denied the colored man, or grentea to him on qualifications Tequiring in- telligence or property, should compel the peo- ple of toe Districtof Columbia to try an experi- ment which :heir own constituents have thu farshown an unwillingness to test for them- selves. Nor does it accord with our republi- can ideas that the principle of self-government should lose 1s force when applied to the resi- dents of the Distr: merely because their leg- isiators are not. like those of the States, respon- sible, through the ballot, to the people for whom they are the law-making power. ‘The great object of placing the seat of gov- eTnment under the exclusive legislation of Congress, was to secure the entire independ- dence of the General (:overnment from un- due State influence, and to enable it to dis- charge, without danger of interruption or in- tringement of its authority, the high functions men iL was created by che le. For important purpose it was to the United States by Maryland and Virginia, and iteertainly never could baye been contem- plated, as one of the objects to be attained by lacing it under the e: we jurisdiction of Tonerses, that it woul 40 Di P' otal ciples and theories. While, indeed, the residents of the seat of government are not citizens of any State, and are not there- fore allowed a voice in the electoral college, er representation in the councils of the nation, they are, nevertheless, American citizené, en- titled as such to every guarantee of the Uon- stitution, toevery benefit of the laws, and to every right w ie to citizens of eur -commpon country. ail matters, then, affect- ing their domestic affairs, the spirit of our democratic form of goyernment that their wishes should be consulted and respect- ed, and ht to feel that, sifeush not permitted practically to participate in concerns, they are nevertheless under a pater- pr 'y. 11 wasevidently contemplated that questions would be loft to their srg er aia Goes y rw: n- lation over government.. the Consti- tation was ag ander it was as. oni wear ete ee wou. manicr are, ved from their own suf frages.” Ihen, for the first time, oont hoa ee eee dent 2, 1D ® 2 fuouaed the v it consider District of Columbia, tion in the Congress sbould be immediately exercised, Wem to. "consider it asthe capita) of a great 1g “< po seem — nation, advancing with unexampled rapidity in @rte, in commerce, in weaith, and in popa- lation, and poseessing within itself those re- sources which, if pot thrown away or la- mentably misdirected, would secure to ita Jong course of prosperity and self-government.” ree years had potelapsed when Congress 8 called upon to determine the propriety of Tetroceding to Maryland and V. ja the ju- Tiediction of the territory which they bad re- spectively relinquisbed to the Government of the United States. It was urged, om the one band, thatexclusive jurisdiction was not ne- cessary or useful tothe Government; that it de- pry ‘he ipbabitants of the District ot their political rights; tbat inacb of the tame of Con- gress was consumed in hk to it; that its government Was expensive; that Congress was not competent to legislate for the District, because the members were strangers to its local concerns; and that it ‘Was an example of a government withvut rep- Tesentation--an experiment dangerous to the liberties of the States. On the other hand, it was held, among other reasons, and success- fully, that the Constitution, the acts of cession of Virginia and Maryland, and the act of Con- gress Accepting the grant, all contemplated the exercise of exclusive legislation by Uon- gress, and that its usefulness, if not its neces- sity, was inferred from the inconvenience which was felt tor want of it by the Congress of tue Confederation: that the people them- selves, who it was said had been deprived of tbeir political rights, had not complained and did not desire a rewrocession: that the evil might be remedied by giving them a represen- tauon in Congress when the District should become sufficiently populous, and in the mean- time a local legislature; that if ihe inhabitants had not political rights, they had great polit- ical influence; that the trouble and expense of legislating for the District would not be great, but would diminish, and might in a great measure be avoided by a local legislature; and that Congress could not retrocede the inhabit- ants without their consent. Continuing to live substantially under the laws that existed at the time of tbe cession, and such changes only having bee made as were suggested by them- selves, the people of the District have not sought, by a local legislature that which has generally been willingly conceded by the Con- gress of the nation. As 4 general rule, sound policy requires that the Legislature should yield to the wishes of a people, when not inconsistent with the Consti- tution and the laws. The measures suited to one community might not be well adapted to the condition Of another; and the persens best qualified to determine such questions are those whose interests are to be directly affected by any proposed law. In Massachusetts, tor in- stance, male persons are allowed to vote with- «ut regard tocelor, provided they ss a certain degree of intelligence, In a population in that State of 1,231.066, there were. by the census of i860, only 9,602 persons of color, and of the males over twenty years of age there were 339,196 white to 2,602 colored. By the same official enumeration, there were in the District of Columbia 6(),764 whites to 14,316 per- sons of the colored race. Since then, however, the population of the District bas largely in- creased, and it is estimated that at the present time there are nearly a hundred thousand whites to thirty thousand negroes. The cause of the augmented numbers of the latter class needs no explanation. Continguous to Mary- land and Virginia, the District during the war became a place of refuge for those who escaped from servitude, and itis yet the abiding piace of a considerable proportion of those who ought within its limits a shelter trom bond- age. Until then held in slavery, and denied all opportunities for mental culture, their first knowledge of the Government was acquirea when, by conferring upon them freedom, it became the benefactor of their race: the test of their capability for improvement began when, for the first time, the career of free industry and the avenues to intelligence were opened to them. Possessing these advantages but a lim- ited time—the greater number, perhans, baving entered the District of Columbia during the jater years of the war or since its termination— we may well panse to inquire whether, after so brief a probation, they are, as a class, ca- pable of an intelligent exercise of the right of suffrage, and qualified to discharge the duties of official position. The people who are daily witnesses of their mode of living, and who have become familiar witb their habits of thought, bave expressed the conviction that they are not yet competent to serve as electors, and thus become eligible for office in the local governments under which they live. Ciothed With the elective franchise, their numbers, al- ready largely in excess ef the demand for labor, would be soon increased by an influx from the adjoining States. Drawn from fields where employment is abundant, they would in vain seek it here, and so add to the embarrassments already experienced from tne large class of idle persons congregated in the District. Hard- ly yet capaple of forming correct judgements upon the important questions that often make the issues of a political contest, they could readily be made subservient to the purposes of designing persons. While in Massachusetts, under the census of 1360, the proportion of White to colored males over twenty years of age was one bundred and thirty to one. here the black race constitutes nearly one-third of the entire population, whilet the same class surrounds the District on all sides, ready to change their residence at a moment’s notice, and witb all the facility of omadic people, in order to enjoy here, after a short residence, & privilege they find nowhere else It is with- in their power, in one year, to come into the District in such numbers as to have the su- preme control of the white race, and to govern them by their own officers, and by the exercise of all the municipal authority—among the rest, of the power of taxation over property in which they have no interest. in ‘nu. setts. where they b: enjoyed the benefits of 4 thorough educational system, a qualification of intelligence is requ‘ |, While here suffrage 4s extended to all, without discrimination, as well to the most incapable. Who can prove a Teridence in the District of one year, a8 to those persons of color, who, comparatively few in number, are permanent inhabitants, and hay- ing given evidence of merit and qualification, are recognized as neeful and responsible mem bers of the community. Imposed upor an u willing people, placed, by the Coustitution, under the exclusive legisiation of Congress, it would be viewed as an arbitrary exercise of power, and as an indication by country of tbe Earpore of Congress to compel the wen tance of pegro suffrage by the States. It would engender a feeling of opposition and hatred be- tween the two races, which, becoming deep- rooted and ineradicable, would prevent them from living in a state of mutual: iriendliness. Oarefuily avoiding every meas- ure that might tend to preduce such a result, and following the clear and weil ascertained popular will, we should assiduously endeavor to promote kindly relations between them, and thus, when that —— will leads the way, prepare for the gradual and harmonious intro- duction of this new element into the political power ef the country. It cannot be urged that the proposed exten- sion ofsuffrage in the District of Coiumbia 1s necessary te enable persons of color to protect either their interests or their rights. They stand here precisely as they stand in Pennsyl- vania, Ohio, and Indiana. Here, as elsewhere, in all that pertains to civil rights, there is nothing to distinguish this class of is trom cijizens of the United States; they the“full and equal benefit of all laws and proceedings lor the security of assumed, are their suffiages necessary loyal sentiment here; for local governments al- ready exist of undoul fealty to the Govern. ment, and are sustained by communities whieh were among the first to to the Union, and which di: furnished . D. C., MONDAY. JANUARY 7, 1867. N2, 4,316. condition of slavery that bad existed for gen- erations: to-day they are freemen, and are as- sumed by law to be citizens. Itcannot bepre- sumed. from their previous condition of ser- vitude, tbat, asa class, they are as well in- formed as to the nature of our Govern- ment as the intelligent foreigner who e® our tand the bome of his choice. in the case of the latter, neither a resi- dence of five years, and the knowledge of our institutions which it gives, nor attach- ment to the principles of the Constitation, are the only conditions upon which he can bead- mitted to citizenship. He must prove, in ad- dition, & good moral character, and thus give Tearonable giound for the belief that he will be Jaithiul to the obligations which he assumes as & citizen of the Republic. Where a people— the source of all political power—speak, by their suffrages, through the instrumentality of the baliot-box. it must be carefully guarded Against the control of those who are corrupt 5 ackinoy de and enemies of free institutions, fi it ean only become to adh neni and social system & safe conductor bealthy and pop- ular sentiment when kept tree from demoral- izing influences. Contrelled, through fraud and usurpation, by the designing, anarchy and despotism must inevitably follow. In the hands of the patriotic and worthy, our Gov- erument will be preserved upon the principles of the Constitution inherited from our fathers. It follows, therefore, that in admitting to the ballot-box a new class of voters not qualified for the exercise of the elective franchise, we ‘weaken our system of government, instead of adding touts strength and durability. In returning this bill to the Nenate, I degply regret that there should be any conflict of opinion between the Legisiativeand Executive Departments of the Government in regard to measures that vitally affect the prosperity and peace of the country. Sincerely desiring to reconcile the States with one another, and the whole ~ore to the Government of the United States, it has been my earnest wish to co- operate with Congress in all measures having for their object a proper and complete adjust- ment of the questions resulting from our late civil war. Harmony between the co-ordinate branches of the Government, always necessary jor the public welfare, was mever more de« manded than at the present time, and it will tmerefore be my constant aim to promote, as far as possible, concert of action between them. The differences of opinion that have already occurred have rendered me —, the more cautious, lest the Executive shonid encroach upon any of the prerogatives of Congress, or, by exceeding, in any manner, the constita tional Hmit of bis duties, destroy the equi- librium which should exist between the sey- eral co-ordinate Departments, and which is so essential to the harmonious working of the Government. I know it has been ar that the Executive Department is more ikely to enlarge the sphere of its action than either of the other two branches of the Government, and especially in the exercise of the veto power conferred upon it by the Constitution. It should be remembered, however, that this eens is wholly negative and conservative in ts character, and was intended to operate as a check upom unconstitutional, hasty, and im- provident legislation, and as a means of pro- tection against inyasious of the just powers of the Executive and Judical Departments. Lt is remarked by Chancellor Kent that “to enact Jnwe is & transcendent power: and, if the body tbat possesses it be a full and equal represen - tation of the people, there is danger of its pressing with destructive weight upon all the other parts of the machinery of government. It bas, therefore, been though« necessary, by the mi skilful and most experienced artists in the seience of civil polity, that strong bar- riers should be erected for the protection and security of the other necessary powers of the Government. Nothing has been deemed more fit and expedient for the purpose than the pro- vision that the head of the Executive Depart- ment should beso constituted asto secure a requisite share of independence, id that be should have @ negative upon the passing of da and that the judiciary power, resting on A still more permanent basis, should have the right of determining upon the validity of iaws by the standard of the Constitation.” The necessity of some such check in the bands of the Executive is shown by reference to the most eminent writers upon our system of government, who reem to concur in the opinion that encroachments are most to be ap- prebended from the department in which all legislative powers are yested by the Constitu- uuon. Mr. Madison, in referring to the diffi- culty of providing some practical security for each against the invasion of the others, re- marks that “the Legislative Department is everywhere extending the sphere of its actiy- ity, and drawing all power into its impetuous vortex.” «The founders of onr republics «** seem never to have recollected the dang trom legislative usurpations, which, by as- sembling all power m the same hands, must jead to the same tyranny as is threatened by Executive usurpations.” “In a representa- uve Republic, where the Executive magis- tracy is carefully limited, both in the extent and the duration of iis power, and where the legislative power is exercised by an assembly which is inspired by a supposed influence over the people, with an intrepid confidence in its own strength; which is sufficiently nu- merous to fee] all the passions which actuate & multitude, yet not so numerous as to be in- capable of pursuing the objects of its passions by means Rares ema cape pepe cen the enterprising ambition of this department that Se pom le ought to indulge ali their jeai ousy and exhaust ajl their precautions” “The Legislative Department derives a superiority in eur Governments from other circumstances. Its constitutional powers being at once more extensive and less sueceptible of precise limits, itcan with the greater facility mask, under complicated and indirect measures, and eu- croacbments which it makes on the co-ordi- nate departments.” -(Uh the other side, the executive power being restrained withia a oar- rower compass, and being more simple in its nature, and the judi: described by Jandmarks still less uncertain, projects of usu ition by either of these de; mente ‘would immediately betray and them- selves. Nor is this all. As these Legislative Department alene has access to the pockets of the people, and has in some constitu’ fall discretion, and in alla prevailing ti ence over the pecuniary rewards of those who fill the other departments, a dependence is thus created in the latter which gives still greater tacility to encroachments of the former.” We have seen that the tendency of republican vernments is to an aggrandizement of the lative, at the expense of the other depart. ments.’ Mr. Jefferson, in referring to the early con- stitution of Virginia, objected that by its pro- visions all the powers of government—iegis- lative, executive, and judicial—resulted to the lative body, holding that “the con- centrating these in the same hands is precisel, the definition of uespotic government. It will be no alleviation that these TS will be exercised by a F asingle one. One dred and seventy-three despots would surely be as oppressive as 0: “As little will itavail Unat the: chosen by ourselves. An elect: Was not the Government we fought for, but one which should not only be founded on free principles, butin which the powers of governmert should be so divided and balanced among se bodies of magistracy as that no one could transcend their limits without SSeS Lar een es others. ‘or 7. i that Con id its foundation on this which ment time. ax no barrier was bt ee ena we a ui seones soabar owe Waeepenc =) tensi and less capanle of being br a Witbin precise limits than those o the other departments. T ecutive autBority are easily markec out aod Gefined. It reaches few objects, and these are known. It cannot transcend them wrihon: p>. ing brough: im contact with the other de ments. Laws may check and res'rein a4 bound itsexercise. The same remarks 'y With still greater force to the jadiciary. [he Juriediction is, or may be, bounded to a te © bjects or Persons; or, however geweral and nlimited. its operations are necessarily con fined to the mere administration of private and public justice. It cannot punish withon: law. It camnot creave controversies to act upon. It can decide only upon rights ana cases as they are brought by others befo: It can do ing tor 1 . it mast do thing for others. It t obey the laws if st corruptly administers them, it is sunjected tothe power of impeaenment. On the other and, the legisiative power, except in the few cases of constitutional probibition, is aniim - ved, Itis forever varying if6 means and is ends {t governs the institutions, and laws. ana public policy of the country. It reguiates ali its vast interesté. It disposes of all ite property Lok but at the exercise ef two or three branche of its ordinary powers; it levies all taxes. Girects and appropriates all sapplies: it gi the rules for the descent, disiribation, ana devises of all property held by individuals. 1: controls the sources and the resources of wealth. it changes at its will the whole fabric of the laws. it moulds at its pleasure almost al! the institutions which give strength, and comfort. and dignity to society. the pext p t the direct, visible representative of the will of the people in all the changes of times and eir- cumstances. It has the p a8 Well as the powers of numbers. It is easily moved and steadily moved by the strong impulses of pop ular feeling and popular odium. it obeys. without reluctance, the wishes and the wiil o! the majority for the time being. The path to public tavor lies open by such obedience and Mt finds not only support. but impunity, in whatever measures the majority advises, even though they transcend the constitutiona limits. It has no mote, therefore, to be ous, or scrupulous in itsown use of pow ana it finds ambition stmulated and its arm strengthened by the countenance and the courage of nombers. These views are not Pena of men who look with apprehension pon the fate of republics; but they are also freely admitted by some of the strongest ad- vocates for popular rigbte and the permanen- cy of republican institutions.” + pariment should have a will of its own > Each should bave its own independence se- cured beyond the power of being taken .way by eitber or both of the others. Bat at the same time the relations of each to the other should be te strong that there shovid be a mu- tual interest to sustain and pfotect each other There should not only be constitutional means, but personal motives to resis! en- croachments of one or either of the othe Thus, ambition would be made to counterac Ambition; the desire of power to check power And the pressure of interest to balance an op- posing interest.” “The judiciary is naturally, apa almost necessarily, (as has been already said,) (he weakest department. It can bave nO means of influence by patronage. Its pow - ers can never be wielded for itself. 11 has no command over the purse or the sword of the nation. It can neither lay taxes nor ap- propriate money, nor command armies, or ap - point to office. Itis never brought imto con- tact with the people by constant appeals and solicitations, and private intercourse, which belong *o all the other departments of govern- ment. Itis seen only in controversies, or in trials and punishments. Ite yigia justice and imparuality give 1 no claims to favor, how- ever they may to respect. Itstands solitary and unsupported, except by that portion of public epinion which is interested only in the strict administration ©: it can rarely secure the sy: upport either of the executive or the leg ture. If they are Not (as is not unfrequently the case) jeal- ous of its prerogatives, the constant necessity of scrutinizing the acts ofeach, upon the ap- plication of any private person,and the painful duty of prenouncing judgment that these acts are a Geparture trom the law or Constit: tien, can bave no tendency to conciliate kind - ness or nourieh infivence. 1t wonid seem, therefore, that some additional guaras would, under such circumstances. be necessary to Pretect this department from theabsolute ao Minion of the others. Yet rarely have any such guards been applied; and every attempt to introduce them has been resisted with a peTtipacity which demonstrates how slow Popular leaders are to mtroauce checks upon their own power, and bow slow the peopie are to believe ‘bat the judiciary ts the real bulwark of their hbernes.” “If ary depa: ment of the Government bas undue influence, or absorbing power, it certainly has not been either the executive or judiciary.” “In addition to whathas been said by these distinguished writers, it may also be urged that the dominant party in each House may, by the expulsion of a sufficient number of members, or by the exclusion from represen- tation of a requisite number of States. redace the minority to jess than one-third Congress by Ubese means, might be enabled to pass a law, the objections of the President to the contrary botwithstanding, which would render impo- tent the other two Departments of the Govern- ment, and make inoperative the wholesome and restraining power which it was imtended by the iramers of the Constitution should be exerted by them. This weuld be a practical concentration of all power in the Congress of the United States—this, in the language of the Sutbor of the DecMhration of inde; lence. would be “precisely the definiuon despotic Government.” 1 bave preferred to reproduce these teach- ings of the great statesmen and constitutional ote age of the early and Iater days of the Re- public, rather than to rely ag upon an ex- pression of my own opinions. We cannot too often recur to them, especially at a conjunc- wre like the present. Their application to our actual condition is so apparent that they now come to us as & living voice, to be lisi- ened to with more attention than at any vious period of our history. We have Cos and are yet in the midst ef popular commotion. ‘Lbe passions aroused by & great civil war are Still domimant. It is nota time favorable to that calm and deliberate judgment which ix the only safe guide when changes in measo our institutions are to be made. The now before me is one of those changes. It initiates am untried experiment, for a ple who have ssid, with one voice, that it is not for their good. This alone sheuia make ué pause; but it is not all. ment bas pot been tried.or so much as de- manded by the people of the several States for themselves. In but few of the States has su, an innovation been allowed as giving the ba! lot to the colored population without any other qualification than a residence of one ana 42 most of them the denial of tne allot 10 this Tace is absolute, and by fundamental la: placed beyond the demain of ordinary legisia tien. In most of those States the evil ef such suffrage would be but, small as ic would be, itis guarded by constitutional bar- Tiers. Here the innovation assumes formida- ble proportions, which may easily grow to such &n extent as to make the white popula- ton & subordinate element in the body politic. After full deliberation upon this measure, 1 cannot bring myself to approve it,even upon local considerations, nor yet as the beginning of an experiment on a larger scale. 1 yield to — in ene i rule of general suffrage w timguishes our asa tion. But there is a limit, —~! ‘