The New York Herald Newspaper, June 20, 1866, Page 8

3 RECONSTRUCTION. Report of the Minority of the Committee of Fifteen. SOLID FACTS AND. ARGUMENTS. THE CONSTITUTION AND THE LAWS, Were the kiebel-States Ever Out of the Union ? No, Are They Now in the Union fo¥es. The undersigned, a minority of the Joint Committee of the Senate and House of Representatives, constituted ‘ender (hd concurrent resolution of the 13th of December, 3865, making it their duty ‘to Inquire into the condition ef the States which formed the so-called Confederate Btates of America, aud to report whether they or any of them are entitled to be represented in either house of. Congress, with leave to report by bill or otherwise,” not Deing able to concur in the measures recommended by the ma) rity or in the grounds upon which ‘they base ahem, beg leave to report. In order to obtam a correct’ apprebénsion of the sub- Jct, and as having a direct bearing upon it, the under- wigned think it all important clearly to ascertain what ‘was the effect of the late insurrection upon the relations ef the States where it. prevailed tothe general govern- ment, and of the people, collectively and individually, NSW YORK HERALD, WEDNESDAY, JUNE 20, 1966, way not arise, ise question which inno way changes the charaoter of the contest us between the government and the insurrection. The exercise of such rights may be u 8a} nur’ tne character of ane conic to ustain our Mie i one, that of the fore the United States District Court for usetts, Judge 8) ae, referring to the supposed effect of belli- gerent rights which it was conceded belonged to the gov- Verpment during the rebellion, tm giving it when sup- ‘presed, the rights of conquest, declared :— It bas been aupposed that if the government have the right fs Relugerent them after the rebellion Is suppressed it will have (he Tights of conquest, audthats State and ite inhabi+ tants may be permanently divested of all politi. eal a territory, co ages aud any portion of spe overture the no new title, and merely #¢ of, that of which ft has sovere'guly, Dak aeply iainiaine iis previous sights, When J sovere'gn! y ns a . the United States take p in of a rebel -dintelct. the; merely vindicate their tide. Under deapous governments the coniiscation may be unlimited;. but under Our government the right of sov ty over any portion of @ State is given and limited by the constitution, and will be the same after tho war as it was befure, In the other an application for the habeas corpus to Mr. Justice Nelson, one of the Judges of the Supreme Court of the United States, by James Egan, to be dis- charged from, an imprisonment.to which he bad been sentenced by a military commission in South Carolina, for the offence of murder, alleged t0 have been commit- ted in that State, the discharge was ordered, and in an opinion evidently carefully prepared, among other things the Judge said ;— For all that appears, the civil local courts of tlie State of South Carolina were 'in the full exercise of their judictal functions ut the time of this trial as restored b; iuppres- “lon of. the rebellion, some seven months previously, aid by the revivaot the laws and the reorgaulgation of the State enemy ai government in obedience to and in conformity with stitutioual duttes to the federal 1U Indeed, long pre. eoustituting the Southern States. 'To this inquiry they Aherefore first addressed themselves, | First, as to the States,-- Did the. insurrection, at its eommencement or any “subsequent time, dissolve the eonnection between the States and the ganeral govern- ment? In our judgment, so farfrom this being a ‘‘profit- ese abstraction,” it isa vital inquiry; for, if such rela- ‘on was not disturbed, such States during the rebellion were as completely component States of the United Btates as they were before the rebellion, and were bound ‘Wy all the! obligations which the constftution imposes. ‘Was not this their condition? If it was, they are entitled ‘0 the rights and privileges belonging to’States underthe wonstitution. The opposite view alone can justify the @enia! of such rights and privileges. ‘That a State of ‘the Union can exist without possessing them is incon- gistent with the very nature of the government and terms jef the constitution. “In it$ nature the government is formed of and by States possessing equal rights and powers. States unequal are not known to the consutn- ‘en. In its original formation perfect equalfty was se- eured. ‘They were granted the same representation in ighe Senate, and the same right to be represented in the ‘House of Representatives, the difference in the latter Weing regulated only by a difference in population. But every State, however smal! its population, was secured ‘ome representative in that branch, Each State was given ‘the right, and the same right, to participate in the elec- tion of President and Vice President, and all alike were secured the benefit of the judicial department. The constitution, too, was submitted to the people of each tate, separately, and adopted by them in that capacity. convention which framed it considered, as they ‘were bound to do, each asa supreme sovereign, that ould not be subjected to the constitution except by its ‘ewn consent, That consent was consequently asked and given. The equality, therefore, of rights was the eendition of the original thirteen States béfore the gov- ernment was formed, and such equality was not only not Saterfered with, but guaranteed to them as well as in Pegarl to the powers conferred upon the general govern- ment ax to those reserved to the States or to the of the Mates. The same equality is secured to those ‘which bave been admitted ‘into the Union since the con- ‘@itation was adopted. In cach mstance the State ad- has beem ‘‘declared to be one of the United ‘on an equal footing with the original States in ail wespects whatever.” The constitution, too, so far as ‘most of the powers it confers on the general govern- 4 are concerned, operates directly upon the le fthor rate capacity and on all alike. Fada cit ‘wea, therefore, of every State owes the same allegiance to the géneral government, and is entitied te the game protection. The obligation: of this allegiance #28 not within the I pal power of hie State to, enn! or evade. It is le paramount and per- and for that very reason it is Saremount duty of the general governme: ‘@ allow (6 the citizens of each State the rights secured to their full enjoy- such rights by com- nen ee the United States, Fea convic- tion the cau where vane chen vy antece- dently passed ip made a the punishment. ‘State cannot in its ity be made liable to " an such, under the consti- ation, cannot commit or be indicted for acrime. No proceedings, civil or criminal, can be instituted to ‘ive a State of the benefits of the constituti rt citinens, be they few or many, may bo proceeded ‘against under the law and convicted; but the State re- ‘mains State of the Union. To concede that by the tile. conduct of her own citizens she can be withdrawn the Union ta virtually to concede the right of seces- @en; for what difference does it make as regai result, whether a State can rightfully secede (a maintained by statesmen North as well as tb) or whether by illegal conduct of ber citizens conser to be a State of the Union. In cither ease the is the same; the only difference is that by the one she ceases by law to be a State of the Union, and other by crime, without and against law, ’ But etrine js wholly erroncous, A State once in the jon mnst abide in it forever, She can never withdraw from or be expelled from it, A different principle would @abjet the Un.on to dissolution at any moment. It is, aherefore, alike perilous and unsound. Nor do we see Ghat |t has any wpport in the measures recommended by fhe majority of the committes. The insurrectionary Bates are by these measures conceded to be States of Bhe Union. The proposed constitutional amendment is fo be submited to thom as well as the other States. In Tespects cach is placed on the kame ground. To @eneult © State not in the Union on the propriety of adopting « constitutional amendment to the government of the Umon, and which is necessarily to Afiect those States only comprising the Union, would be ep absurdity, and to allow such an amendment, as States 4a the Union might desire, to be defeated by the votes of Bastes not in the Union, would be alike nonsensical and ‘wnjust. The very measure, therefore, of submitting to ‘gil the States forming the Union before the insurrection @ constitutional amendment makes the inquiry whether at this-time are in of out of the Union a vital one. they are not, alf should not be consulted. If they are, ft Ls ¢ oF y should be, and should be only because they are, very fact, therefore, of such a submis-ion concedes t the Southern States are and never ceased to be of the Union. Tested, therefore, either by the Mature of our government or by the terms of the consti ‘@ution, the msurrection now utterly and happily sup- ge, bas in no respect changed the relations of the where it prevailed to the general government. On the contrary, they are to al) intents and purposes as @ompietely Staves of the Union aa they ever were, end in further support of this proposition, if it need any, We confidently appeal to the fact that the very ware recommended, a constitntional amendment to submitted to such States, furnishes such support. For, ing to and regarding the rights of the other States, gach 2 subdmission bas po warrant or foundatiun except b a7 the hypotheas that they are as absolutely states of Union as any of the other States It can never be, ler any circumstances, a ‘‘profitiees absiraction,’! ber, under the cousit is or is not a an abstraction ‘whether the people of a State once in the Union can ‘voluntarily or by compuision be freed from the obligt- Sons it enjoins, or be deprived of the ~~, @enfers or the protection it afforda A di it Govirine necessarily leade to @ dissolution of the Waion. The constitution sup) that insurrections ‘Waay exist ip a State, and provi for thelr suppression O78 ing Congress the power ‘‘to provide for calling out ‘militia’ for that purpose, The power is not to sub: Wr the Siate within whose limits the insurrection pr and toextinguish it as a State of the Union ; Wat to preserve it ax such by eubduing the rebellion, by @eting on Lhe individdal persons engaged in it, and not she State a The power is altogether vonserva- j it is to proveet a State, not to destroy it; to pre. eat ber being taken out of the Union by individual rime, not in any contingency to put her out. The con- Mouance of the wnion of all the Suatet ts necessary to the intended exisience of the government. The govern- q@ment Is formed by & constitutional association of States, end ty depends on the continuance of the en- ‘tre mn. If one siate te withdrawn from it by qmy cause, to that extent \« the tinion dissolved. Tbose that remain may exist 69 government, but it is not the government the court/iution designs; that consists J, and ite character is changed and te power is di- aminiched by the abseace of any one, A ditorent prin Siple leads to @ disintegration ')at must sooner or later feault in the separation of all and the conenquent des @raction of we government. To suppore that a power preserve may, at the option of the body to whieh it im gree, be weed tO destroy, is proposition repugnant to mon sense: and yet ax the late insurrection was put down by means of that power, that being the only one conferred opon Congress to that end, that proposition is ‘one on which alone it can be pretended the Southera are not in the Union now As well ne at first. ‘The idea that the war power, as such, has been weed, @F could have been used, to extinguish the rebellion is, jodgment of the undersigned, by Pe jon, by for: « ting aa against her any of the rights it secured to her. viouxto this a provisional government had boen appointed by the President, as commander,-in chief of the army Aud navy of the United States (and whose will under martial law constituted the only rule of action), for the special purpose of changing the existing state of thingy and restoring elvil government over the people. In operation of this appointment a new constitution was formed, a Governor and Legi-lature elected under it, and the State placed in the full enjoyment or enuiied te the full enter nent of all ber constivational and privileges. ‘The’ conatitutlo: {tweet the Uuien were thereby enjoyed and obeyed. and were wa binding and authoritative over the people of the State as in any other portion of the counter, Indeed. the moment the rebellion was suppressed and the government growing out of it subverted, the ancient laws resumed their Acoustomed sway, subject only to tle new reorganization by the appointment of the appropriate officer to give them ope- ration and effect. ‘This reorganization and appointment. of puulle Lauctionries, which was under the superintendence and direction of the Prosident, as comimander-in-chief of the army and. navy of the country, and who, ax such, had iously governed the State. frou imperative uecessity by lial law, had already ‘place, and the ne- cossity no longer existed. This opinion is the more authoritative than it might~ otherwise possibly be esteemed from its being the first elaboraie statement of the reasons whieh governed the majority of the Supreme Court at the last term im their judgment of the case of Milligan and others, for the de- cision that military commissions for thé trial of civilians are not constitutional, We submit that nothing can be more conclusive in favor of the doctrine for which they are cited than these judgments. In. the one the propo- sition of conquest of a State under a war to suppress an insurrection is not only repudiated by Judge Sprague, but because of the nature of our goverument it is con- sidered to be legally impossible. “fhe right of sovercignty over any portion of a State” will, he tells us, “only be the same after the war as it was before.’’ In the other ‘We are told that ‘‘the suppression of the rebellion’? re-. stores the rights of the State, and that when her govern- ment is reorganized she is at once in the full enjoyment or entitied to the full enjoyment of all her consttutional rights and privileges. Again, a contrary doctrine is inconsistent with the ob- af ‘on which the government is under to earh citizen of a State. Protection to each is part of that obligation; protection not only aa against a foreign, but a domestic foe. To hold that it isin the power of any part of the people of a State, whether they constitute a majority or ‘& minority. by etigaging in insurrection and adopting any measure in its prosecution to make citizens wno are not e in it, but are opposed to it, enemics of the United States, having no right to the protection which Be constitution i Is pA med td to their logiance, is a8 as it 18 flagrantly unjust. During pe ane the exigency may any a denial of suot jon and sn ¢ uno! tizen to incon. venience or ioat bat, the contest over, the exigen: ceases, and the to afford him all the immuni-* tres and advantages of the constitation (one of which is the right to be represented in Congress) becomes absolut ~~ imperative, A different rule would enable the government to escape & clear duty and to @ gross violation of the comati- tation. It bas Been said that the Supreme Court have entertained a different doctrine in the prize cases. in the opinion of the undersigned, is a clear misappre- hension. One of the jm those cases was rebar, a ra Ky as was being waged ee Koad extinguishment insurrection, igerent as between the United States and other nations, velonged to the former, court giance to the rnment, farily asgumes a continuing obligation to the govern- ment. Neither jicament was true, except upon the hypothesis that the old state of things continued; in other words, that the States, notwithstanding the insur- rection, were continuously and are now States of the United States, and their citizens responalble to the con- stitution and the laws. Second—What is there, then, in the present political condition of such States that justifies their exclusion from representation in Congress? Is it because they are without organized governments or without govorn- ments republican in pointot form’ In fact, we know that fhey have goveruments completely organized with legislative, executive and judicial functions, We know that they are now i succs jon; no one within their limits questions their legality or is denied their protection. low they were formed, under what auspi- ces they were pickin i are inquiries with which Con- gress has no concern, ' The right of the people of a State to form a government for themselyes has never been questioned. In the abeence of any restric- tion, that right would be absolute; any form could be adopted by them that they might determine upoh, The constitution imposes but a single restriction upon such right—that the government adopted shat! be ok “a republican form’. ‘thus is done in the obliga- tion to guarantee every State such @ form. It gives no power to form @ constitution for a State. It operates alone upon one already formed by the State. In the ‘words of the Fideralist (No. 44), “It suppoees a pre-exist- ing government of the form which is to be guaraniced. It ts not protendad that the existing governments of the States in question are not of the required form. ‘The ob- Jection is thag they were pot legally established ; but it is confidently submitted that that is a matter with which Congress has no concern. The power, to esiablish or modify a State government be! exélusively to the people of the State. When they 1 exercise it, how they shall exereise it, what provisions it shall contain, it ix their exclusive right to decide, and when de. cided their decision ts obligatory upon everybody and independent of all Congressional control, if such govern ment be of a republican form. To convert an obligation of guarantee into an authority to interfere in any way tn the formation of the government to bo guaranteed is to do violence to language. If it be said the Presi. dent did illegally interfere in the organization of such governments the answers are obvions, First, if it Was, if the people of auch States not only have not, but do not complain of it, but, on the contrary, have pursued his advice and are satisfied with, and are living under the governments they have adopted, and those governments are republican in form, what right has Congress to inter- fere or deny their legal existence? Second, conceding, for argumont’s sake, that the President's alleged inter. ference was unauthorized, does it not, and for the same reason, follow that avy like interference would bo equally unanthorined? A different view is not to be maintained, decause of the differ in the nature of the powers conferred upon Con, and the President, the one being legislative and the other executive, For it is be er A and upon the same grounds beyond the scope either to form a government for the poople of @ State once in the Union, or to expel such @ State from the Union, or to deny, temporarily or mily, the Tights which betong to a State apd her je under the constitution. Congress may admit new jos; but a State once admitted ceases to be within its control, and can never be brought within it. What changes her to make in her again people may at any time think neither Congress nor constitution is a matter with wni any depertment @ general geyermment ean inter: fere, wnless such changes make the State ernment anti blican, aod then it can only be under the obli to guarantee that it be ubdlicam = Whatever may he Sopa of the they can, under that power, interfere in the formation and character of the constitution of such States prelimi. nary to admission into the Union, no one has ever pre- tended that when that admission is had the State can in be brought within ite infiuence. The ts ex. hausted when once executed, the er forthwith pase- ing ont of is reach, ‘The State admitted, like the original thirteen States, becomes at once forever i indent of Congressional contrel, A different view would change the entire character of the government, an ite framers and their cont: designed and un- derstood it to be, They never intended to make the State governments subordinate to the general govern~ ment. Each was to move supreme in its own orbit; hut at each would not alone have met the of s government adequate to all the wants of the the ‘two, in the language of Mr. ee the one having the power tion ‘in affairs which concerned only," the otner, « citirons of other ite each {s paramount, i i 2 iH if 5 é i ! 4 é i i rs ta § ? u : i oF i z is a ; i YW it p | 3 i z ¥ ! z H z 2 oe ia the Ly foundation, ‘The Senate. What sibly arise from Southern representation? Are the = canal te tauneet erase is (onto mi to the destruction of our institutions by eg eee or any other influence of Southern mem! How disparag- ing to themselves 1s‘such an apprehension! Are they apprehensive that those who may succeed them from hetr respective States | may be wo fatally led. astray? low disparagit supposition to the patriotivm and wisdom of their constituents! Whatever effect on mere ly success such a representation we shall not stop to inquire. The idea that ‘the country isto’ be kept in turmoil, and their rights their citizens de- in power of a ined without im- and gross dereliction it. Nor do we deem graded, with a view to th party, cannot for a moment be en! puting gross dishonesty of purpuse of duty to those who may entertain it necessary to refer particularly to the evidence taken by the committee to show that there is nothing in the present condition of the people of the Southern States Ubat warrants on that ground a denial of tepresentation to them. We content ourselves with saying that, in our Opinion, the evidence most to be relied upon, whether regarding the character of the witnesses or their means of in shows that representatives from the. Southern States would prove perfectly loya. We specially refer for this only to the imony of Lieutenant General Grant. ‘His loyalty and bis in- teligence mo-ene can doubt. In his letter to the ident of the 18th of December, 1865, after he had recently visited South Carolina, North Caro- na and he says:—“Both in travelling and while stopping I saw much and conversed freely with the citizens of those States, as well as with oflicers of the army whovhave been among them. The following are the conclusions come to by me:—I am satisfied that the am ta eine een eye accept the present situation of irs in fait e questions whieh have bitherto divided the sentiments of ihe people of the two secti very and State rights,.qr the right of a State to secede from the Union—they ‘regard as having been settled'forever by the highest tribunal— arms that man can resort to, I was pleased to learn from the men whom! met that they not only accepted the decision arrived at as final, but that now the smoke of battle has cleared away'und time has given for reflection, that this mn nate one for the country, they receiviug.the like’bencfits from it with those who opposed them in the field and in, the cause. ‘observations lead me to the conclusion that the citizens of the Senthern States are anxious to return to se/f-government, of the Union as soou as possible; that while recoustructing they ‘want and require protection from the government; that they are in earnest in wishing to do what they think is required by the government—not humiliating to themas citizens—and that if such a course was pointed out they would pursue It in good faith. It isto be regretted that there cannot be @ greater commingling at this time be- tween the citizens of the two sections, and particularly of those entrusted with the law-making power.’’ Seces- sion, as a practical doctrine ever to resorted to, is almost utterly abandoned. It was submitted to and hile ena count ain re Nor cay the under- ned imagine why, revival is anticipated as possi- the committee have not recommended an amend- committee to be practi- past, TS oe taken by a the opinion of all the leading Southern men who hitherto entertained it, The desola- tion around them; the hecatombs of their own slain; the of the men of the other States, axhi by unlimited expenditure of treasure and of blood, an it love of the Union so sincere and deepscated is seen ‘will hazard all to maintain it, have con- vinced the South that as a practical doctrine secession is ex! for ever. State secession, then, abandoned, and slavery abolished by the ~outhern States themaelv: what statesmanlike grou which the con- All admit pe demanded every consideration of duty and policy, and none deny that the sctuadinterest of tife country is toa great extent involved in such admission. The staple produc- tions of the Southern States are as important to the other States ag to themselves. Those etaples largely enter into the wants of all alike, and they are also most important to the credit of Those staples will never be produced as in the past until real peace, resting agit ‘can alone rest on the equal and uniform operation ‘of the constitution and laws on all is attained. To that a brave and sensitive people will gi ¢ an undivided attention to the increase of mere material wealth while retained in a state of practical inferiority and ia mere folly. They desire to be again in the Univn, to enjoy the benefits of the constituuon, and myoke you to receive them. They have Constitutions free from any intrinsic objection, and have agreed to every stipulation thought by the President to be necessary for the protection and benefit of ail; and in the opinion of the undersigned, they are amply sufficient. Why exact, asa preliminary condi- tion to representation, more? What more is supposed advisable? First, the repudiation of the rebst debt; eecond, the denial of al) obligation®to pay for manu- mitted slaves; third, the inviolability of our own debt, If these provisions are deemed necessary they cannot be defeated, if the South were disposed to defeat them, by the admission into Congress of their representatives. Nothing is more probable, in the opinion of the under- signed, than that the South would adopt them; but those measures the Committee connect with other con- ditions, which we think the people of the South will never adopt. ‘They are asked to disfranchise a numerous class of their citizens, and also to agree to diminish their representation in Congress, and, of course, in the clec- toral college, or to admit to the right of suffrage ther colored males of twenty-one years of age afd upwards, aclass mow in a condition of almost utter ignorance, thus placing them on the same political fuot- ing with white ertizens of that age. For reasons so ob- vious that the dullest may discover them the right is not directly asserted of granting suffrage to the negro. That would be obnoxious to most of the original States, so much go that their consent was not to be anticipated. But the plan proposed, becanse of the limited numoer of negroes in such States, will have no effect on their repre- sentation, and i is ight may therefore be adopted, while in the Southern States it will materially lessen their number, That such States will assent to the mea- sure can hardly be expected. The effect, then, if not the purpose of the measure is forever to deny represent- atives to such States, or, if they consent to the condi- tion, to weaken their ‘representative power and thus probably secure a continuance of such 4 party in power ‘as now controls the legislation of the government. The ‘Measure, in its terms and its cfect, whethet desigued or not, is to degrade the Southern States. To consent to it will be to consent to their own dishonor. The manner =: of present the constitutional aiwend. ment, in opit of the undersigned, is im} politic and without precedent, The several amend- ments su ed have nO connection with each other; , if adopted, would have {ts appro- wriate effect if the others wore rejected, and each, there. fore, should be submitted as.a separate without subjecting it fo the contingency of rejection if the States Mylsabiemeasugs “shuld be submitted 12 the poopte, vi upp, to the people, tnd not in auch dGonsection with these which they may think unnecessary and dangerous as to force them to —_ all. The repudiation of the rebel obligation to com ie for the loss of slave property, and the inviolability of the debts of the government, po matter how contracted, are provided for by some of the sections of the amendment We have no doubt that these measures would meet the approval of all the States; but these no State can sanction without sapction- ing others, which we believe will not be done by the Southern States or by some of the Northern States, To force negro suffrage upon any State by means of the penalty of alos: of part o€ {ts representation will not only, we think, be imposing a di g'Dg provision, bat is virtually to interfere with the Tight of each State to regulate suffrage for itself without the control of the governme f the United States, Whether that control be exerted directly or indirectly, it will be considered, as we think it ix, @ fatal blew to the right which every State jn the post has held vitaly the right to rogu- franchise, To punish a State for not it in @ particular way, 80 as to give of the people the privilege of suf- frage, is but seeking to acy lich incidentally: ‘what, if jt ehould be done at all, should be done directly. No reason, in the view of the nes can be sug- gerted for the COURSE ed than a belief Ahat sacha interference not be sanctioned by the Btates the actual | ‘ he t i d 5 358 HY it it i it if 2F g i ; t nity and endurance of our political fabriv de: » "In his inaagaral adaress of the 1861, which received almost -universal, approval of the be said, ‘‘no: of itsown eeedoe can teetally cata ‘of the Union,” ‘and that in the view of the constitution and the laws the Union is unbroken, and to the extent of my ability I shall take care, as the constitution itseM expressly enjoins upon me, that the laws of the Union be faithfully executed inall the States.” Second—Actual conflict e ‘The South, it was believed, misappretended the of the iment in it on, and Congress deemed it important to dispel that misapprehension by declaring what meg was, This was done in July, 1861, by their passing the Crittenden resolution. The vote in the House was 119 for it, andin the Senate 30 or to curtail or interfere in any way with the rig! the States is in the strongest terms thus disclaimed/&nd the only avowed ‘asserted to be ‘‘to defend and maintain the spirit.of tho constitution and to preserve the Union and the dignity, equality and rights of the several States unimpaired. aD by the act of July 13, 1861, empowered "the t to declare by proclamation, ‘that the inhabitants of such State or States where the insurrection existed are in a state of in- surrection against the United States,” and thereupon to declare ‘all commercial intercourse by and between the same by the citizens thereof and the gitizens of the Vuited States shall cease and be uniawful’’ ‘‘so long as such condition of hostilities shall continue,” Here, also, Congress evidently deals with the States as in the Union, and to remain in the Union. It seeks to k¢ep thenr"In’ by forbidding commercial intercourse between their citi- zens and the citizens of tho other States, go long, and 80 Jong only, as insurrectionary hostili:y shall contunue. ‘That ended, they are to be as at first, entitled to the same intercourse with citizens of other 5! that they en- Joyed before the insurrection. In er words, in this ‘act, ag in the resolution of the sime month, the dignity, equality and rights of such States (the insurrection ended) were not to be held in any respect impaired. ‘The several proclamations of amnesty issued by Mr. Lin- coln and his successor, under the author.ty of Congress, are also inconsistent with the idea that the parties in- cluded within them are not to be held in the future re- stored to all rights belonging to them as citizens, <A. wer to is @ power to restore the offender to the condition in which he was before the date of tho offence | pardoned... It is now setteld that @ pardon removes not only the punishments but all the Joga) disability conse- quent on the crime. (7 Bac, 4. B. Tit. Par.) Bishop on Criminal Law (vol. 1, p. 713) states the same doctrine. ‘The amnesty so declared would be but ataise prevence if it be now held to leave the parties who havo availed themselves of it in almost every ichlar in the eondj- tion they would have been in if they had rejected tt. Such areslly it ts thought, would bo a foul blot gu tl good name of the nation. In the prosent state of the country the exeitement which efists, aod which may mislead legislatures already elected, wo think that the maturodsense of the peoplo is not likely to be ascer- tained on the subject of the proposed amendment by its submission to existing State legislatures, If it should be done at all the submission should either be to legislatures hereafter to be eleoted, or t6 conventions of the people chosen for the parapet. Congress may select either mode, but they have selected neither. It may be sub- mitted to logislatures already in existence, whose mem- bers were heretofore elocted with no view to the consid- eration of such @ measure, and it may consequently be monte’ tho ‘ majority of the people of ae States isapprove of it in respect. there were no ‘other objections to it we think it most objecti le. UY the ‘whole,’ therefore, whether regard be had to the naturo or the terps of the constitution, or to the legislation of Con; dar- Jaflcial departments, be to the contuct of the Exect: or to the conduct 0 "4 ‘tive, ‘the cnaersigued ern. confidently sabmit that the south- ‘States are States in the Union, and entitied to every right and privilege belonging portion of their citizens be tipvally prescribe, is & questiontrrespecti’s of the right ti a qu irrespective 0 of the States to be Against the danger, whatever that may be, of the admigsion of dish or disqualified members into the, House or Senate, the power of cach branch to provide by refusing such ad- mission. Each by tho constitution is made the. judge ef the election, returns and qualifications of its own mem- bers. No other department can interfere with it. Tie decision concludes all others. The only corrective, when error is committed, is to be found in the responsibility of the members to the people. | But it is bolieved by the undersigned to be the -clear duty of each house respec- Those States inelude a territorial area of 850,000 square miles, an area larger than that of five of the leading na- tions of Europe. “They have a coast line of three tbou- sand miles, with an internal water line, including the Missisipp!, of about thirty-six thonsand miles, acricaltural products in 1850 were xbout $560,000,000 in value, and their population 9,664,656. ‘Their staple pro- dactions are of immense and growing importance and ‘are aimost peculiar to that region, That tho North is deeply interested in having such a country and people restored to all the righis and privileges the constitution affords, nO sane man, not blinded by mere party con. siderations, or not a victim of ig pralction, can fora moment doubt. Such a is also Meces- sary to the peace of the country, It is not only. impor. Wealth which that portion tant but vital to the. of our country 1s bie of. It cannot otherwise be fully deveiuped. ery hour of il Political restraint, every hour the possession of the rights the constitution gave is denied, ix, not only ima political but a material of great injury to the North as well as tO the South. The Southern planter works for he Northern brethren as well as for himself. His labors heretofore inured as’ much, it not more, to their advantage as to hie, While harmony in the past between the sections gave to the whole a prosperity, a power and ® renown of which every citizen bad reason to be proud, the restoration ‘of such harmony ‘will immeasurably increase them all. Can it, will it, be restored as long an the South i= kept in political and dishouoriug bon 5d ‘And can it not, will it not Be restored by an opposite policy? By admitting her to ail the rights of the cdusti- tition, and by dealing with her citizens as equals and as brochers, not as inferiors aud enemies, Suen a course as this will, we are certain, be seen to bind them heart and soul to the Union, and inspire them wéth confidence im its government by waking them fecl hak all enmity is forgotten, and thatjustice is being done to them. The result of such @ policy, we believe, will at once make ua in very truth ono people, as happy, as prosperons and as powelTul as ever existed at auy period of time, white its opposite will keep us divided, injuriously affect the particilar and general welfare of citizen and government, and it persisted in can but resuit in danger tothe ma- tion, In the words of an eminaut British 5% now nO More, “a tree constitution and large exclusion trom its be: NOt Bubsist together, Ure Constitution will destroy thet, or they will destroy the constitution.” It is hoped that, heeding the warning, we sitall guard against the peril by removing its cause. ‘The undertigned bave not thought it Decesary to ex. amine into the legality of the measures adopted, either the late or the nt President, for the restoration of the Sonthern States,” Tt is Suiteiout for their pr to say thai if those of President Johnson are not ji by the constitution, the same may at least be said of those of his We deem such an examination to be unnecessary, Kecause, however it might result, the people of the several States, who poescaied, as we have bofore said, the exclusive right to decide for themselves what cousuiution they should adopt, ‘comstitations ny neither, have adopted thine under they respectively live, however, whether the measures are legsi or not are liable to censure, object effect a complete and early union of all the States; to make the ceneral government, as itdid at first, embrace ail the Staten; w extend ite authority and secure its priviteges and bless ngs to aii alike Ti rity of mo- tive of Preaident Johnson in this particular, as was to have been a ea i# admitted by the er the committee to beyond doubt, so that, “w er may have been tie wnoonstitationality of his course, and its eadency o the exebutive poder, hey fo et lor a moment impute ‘0 him any such design, bat cheer- C And to say, in concluston, that he sins against light ané closes his oyes to the course of the Pre- sident during the rebellion who ventures to Impeach his Surrounded insurrectionista, be stood CANADA. Preeeedings im Parliament—The Docu- meute Relating to the Release of the St. Albans Robbers to be Called For. SPMCIAL TELEGRAM TO THE NEW YORE ALD, . Orrawa, C. W., June 19, 2666. Mr. Galt, the Finante Minister, said im Parhament to- day, im reference to the Supply bill, that he hoped to be uble to open the financial budget on Tuesday next, and in committee of supply on Friday next Mr. Holton, the able leader of the smal! opposition party, immediately ‘expressed the hope that the papers already furnished on the subject of would be brought down betore the. discussion of the budget should be opened, Mr. Holton has been ily arid 18 still op} to Seeman ieee ee vy tte be in view of Fenian- of the provinces has far more significance than at t prepared Pape. org ie tion of the ce Minister, giving a statement money for frontier sorvice from the. first.of Jnly, 1865, to the seventh of Aprii, 1860, was to-day sul to Parlia- ment. The aggreg of within the dates named amounts to $ the Outstanding balances unpaid on the seventh of April ‘were $127,496. ‘ Among the notices given to-day in Parliament was one by Mr. Laf:amberz, that he wiil call for all documents received by government from Justice Coursol, referring by to the inquiry into the circumstances connected with ‘the release of the St. Albans raiders, Notice was given hy Mr. Walibridge that he will move for a Committee of ‘Whole to consider the subject of granung five bundred thousand acres of crown land to ald in the of a railway from Belleville to and Marmora, D’Aroy MoGee, in a jo Parliament to-day, said ‘that the nt provincial government of Canada 1s only @ provisional government, because of the prospect of confederation. An address to the Governor General praying for the abolition of all postage rates on newspapers in Canada and the reduction of postage on letters from five to three cents, was submitted to-day by Mr. Laframberz. The Attorney General bas announced in Parliament vy emg onecep ey ry Canada with the last man and t pou: ee LAKE DISASTERS, ‘A Large Number of Vessels Wrecked and Disabicd During the Late Gale—Several Lives Lost. he Buvvato; June 19, 1866. - The Hepress gives the followimg list of marine disas- ters:— ‘The schooner Three Friends and an unknown bark are ashore at Fairport, Ohio (Lak@ Erie). ‘The schooner Harriet Ross is on the rocks at Eagle Harbor, Lake Superior, . No details, ‘The propeller Cuyahoga, with a cargo of oats, collided at Port Huron, and sunk. ‘The bark R. J. Winslow'gollided with the schooner iriacatade Williams at Aux Point, Lake Brie, No par- 1 Captain hates dae of the brig General Worth, a ports an unknown vessel, bottom upwards, o/ Tshiaba onic. ‘ : 10 Sunnyside and the schooner R. J. Gibbs lost most of their canvas. The schooner J. M. Lee dragged anchor and went hea night near Buffalo harbor, and is going to jeces, ‘The brig S.C, Walbridge is ashore sixteen miles from. Slgretand, ‘A fag bes gong to ber sisimance, . schooners Suow Bird and Darien are ashore near Euclid, Ohio. ‘The schooner Jennie. P. King capsized off Long Point Cut, Lake Erie, and all hands lost, ‘Crxveraxp, Jone 19, 1866. ‘The schoowers Highland Chief, Almira and Josephine, with wood, are ashore, and a large schooner, name un- known, is pounding at anchor at Fairport. ’ Two large barks ar also ashore just east of Fairport, Tho schoon- ‘ers Darien and Suffell, with lumber, are also ashore, Tue schooner Euclid and the bri Williams aro badly damaged by pounding at their docks here. The storm is over, Court of General Sessions. AN ALLEGED MANSLAUGHTER Before Recorder Hackett. The whole of y: ‘was occupied in he pe an im dictment for manslaughter wgainst Daniel and Miles O'Reilly, charging them with causing the death of Pat- rick Donnelly. Assistant District At Bedford opened the case for the people. A numberof witnesses were examined for the tion. The evidence in this case disclosed the fact that an old grudge existed between the prisoners and Donnelly for some weeks prior to the murder. At about nine o’clock on the evening of the 22d ao No. rteenth street, in this city, when Reilly, without justification, struck d . Powerful blow under left ear; the parties clinched ‘and wore afterwards separated. A second acuflle onsu in which Miles O'Reilly aud his brother Daniel took. deceased, when Daniel O'Reilly was seen blows with a knife i Miles = i Person: Dr. Samuel Beck, of this city, by the Uunart MARRIAGES AND DEATHS. Married. ' Baxwuy—Gace.—On Tuesday, June 19, at Brookiy F. D., by Rev. Charles H. Payne, P. F. Barym, Jr... Beitasyor, Conn., to Guram, eldest caugbter of the late Samuol Gage, Jr., of New York. No Bmco—Ayprus,—-At Wood Lawn, Pawlet, Vi, on Tuesday, June 12, by the Rev. John Kiernan, Major M. D. Birgo, of Grand ich., to Conpauaa C,, young- est daughter of-the late Ezra Andrus, Esq. No cards, Gturut—Cours, —On Tuesday, June 12, by the Rev. ©. dD. G. W, Grimmer to Canam M., youngest daugh- tor of the late Joseph Coles, al! of this city, No cards. Hett—Rvss.—Op Sunday, June 17, by Rev. 8. D. Brown, Mr. F. H. Hort, of Rochester, to Miss Mary E. Rosn, of New York. by on ‘Ma1t—Mason, —In Brooklyn, on Satarday, June 16, the Rev. James Gallagher, Avotru May, Frankfort Maine, to Vincisia, daughter of the late James oe a —on Wednesday, Jane 13, by Rev. M. j— Mans. , Jane 4 L. oven, ears United States army, pt C Matias, of Fortress M@proe, to Movin J., daughter of the late Willian Mears, of City county, Va. Ovrcaut—Arrizny.+-On Monday, June 18, by the Rev. joseph 4. Waite, Mr. Jony Ovrcaur, of this city, to vita, daughter of Leonard Appleby, Esq., of Spote- At Yonkers, on Tuesday, June 19, by Rey. D. M. Seward, Fraxxiwy J. Orranson, of New York city, and Jomm M. Sravcmm, of Brooklyn, L. I. Died. , June 19, Exta, only 1 year agd 10 mont of the funeral, from hei ite Tendon 12 Nia set, e this (We at two oeloc! Bagyxax.—On Tuesday, June 19, of consumption, + noth emma aged 23 years, a native of Queens county, atlend the funeral, from No. 20 Christgpher street, Wednesday) afternoon, at two o'clock. Mvim.—Suddenly, on Sunday, June 17, Sanam, William H. Muir, The relati attend the o'clock, ves and are respeétfully invited far ue (dae aera g eral, the above » this (Wednesday} orning, at Il o'clock. His remains will be interred ip MeNaty,—On Fane 19, Hoc McNwu his late residence, No. iid Gaye e funeral in Thuraday’s Notice of aRK.—On Tuesday, June 19, ralong and lingers ing illness of heart disease, Park, in the 60tn year of her Quackxnnosn.—At Morristown, N, J.,on Sunday night, Juno 17, Connztivs B., son of Jobn J. Quackenbush, in the 22d year of his red The relatives and frionds of the family are invited to attend she funeral, from the First Reformed Dutch church, Hackensack, N. J., this (Wednesday) afternoon, at half past 1 o'clock. for Huckengack leave Chain bers street ferry at a qnarter to twelve A. M., and return at a quarter to four and a quarter past five P. M. Ruopm.-—At Hempstead, L. I., on Suaday, June 17, Wiiuiam Ruoprs, in the 68th year of his age. The relatives and friends of the family aro invited to. attend his funeral, from his late residence, this (Wednes- day) afternoon, at one o'clock, Cars leave James slip at eight and half-past ten A. M., returning at half-past two and twelve minutes past five P. M. Ryay.—On Tuesday morning, June 19, Jui Ryax, of the parish of Turin, county of Westmeath, Ireland. The relatives and friends are respectfully requested te attend the funeral, this (Wednesday) afternoon, at two o'clock, trom 157 East Ey teenth street. Savin.—On Tuesday, June 19, Mary Staviy, aged 20 after a long and. painful’ il! which she bore ristian resignation, daughter of Thomas and the Slavin, natives of the parish of Kill, county, Ireland. é The relatives and friends of the family are respectfully invited to att-nd the funeral, from the residence of het father, 295 First avenue, on Thursday afternoon, at one clock precisely. Sronz.—In Jersey City, on Monday morning, Jone 18, at 9 o'clock, Mrs Marganer Stove, widow of Fortuow tus Stone, aged 81 years, 2 months and 3 days, *Tis finished, tis done, the spirit is fled, Our mother is gone, the Christ ah is dead; The Christ an .s ) ving, throngh Jésus’ love, And ladly receiving a kingdom above. The friends of the family and those of her sons, Jo- sep B. and David W, Stone, of her son-in-law, Benjamin F. Champney, and of her daughters, Mra. Jobn G. Mc- Laughi n and Mrs Cornelius Van. Riper, are respecifully invited to attend the fuperal, from the Trinity Methodist ‘piscopal church, in York street, Jersey City, on Thura- day afternoon at two o'clock. 66 itn late vaN.—On Monday, June 18, Mary Scuvax, aged ars, ‘elatives and friends of the family are respectfi ins vVited to-attend the funeral, from her late residence, No. 7 (Centre street, this (Wednesday) afternoon, ai one o’cloc! Vaxck.—On Tuesday, June 19, Gronce B. Vance, youngest son of William and Sarah Vance, aged 2 years and 2 months, ‘The friends and acquaintances are respectfully invited: to attend the funeral, from the residence of the parents, 293 Franklin street, corner of Greenwich, this (Wednes day) afternoon, at two o'clock. The remains will bé taken to Calvary Cemetery for interment. ‘Vancx.—On Monday, Jane 18, of consumption, (ronce C. Vance, aged 18 b years, ‘The friends of the family and of hia brothers Henry and Jobn are respectfully invited to attend the fanerai, from the Methodist Episcopal Church, Seventh strect, om ‘Thursday afternoon, at two o'clock. VasCixzr—On Monday morning, June 18, Axx Stray- usr, wife of Isaac VanCleef, im the he > teed of her age. The friends of the family are {ivited to attend the ee ed Spore 7 by) gg street, this (Wed: ) ‘at half. ree. Wakxer.—On hina morning, June 19, after a line gering illness, Gorcx T. WARNER, aged 67 years, Funeral services will take place at bis late residence, Wost Fiftieth street, second door wost of Sixth avenue, Tht ‘clock. The friends of on Thursday at enght the family are respentully invited te attend, without fur ther notice. ‘The body will be taken to Poughkeepsie fop interme! ‘Waseren.—At Elizabeth, N, J., on Tnesday, Jane 19, Euitx P., wife of Bela C. Webstei ‘The friends of the family are lly invived to at end the funeral, Christ , on Thure and . friends of the family are invited te attend the funeral, from the residence of Lah ae No, 32 Johnson street, corner of Adams, this ( enday) it rendered peculiarly !my Tadies ‘are leaving the city for, the ring scorching heat of summer will asauredl; Charma tinless they are plentifully eu of proof in the shape of Gt ITALIAN MEDICATED. SOAP. The well known to require repetition iseqpen certain remedy for all cutaneous Riny Tnenas, Beate, orm, Sal Sunburn, Tan, Sallowness, &e. nothing can equal It, Established ayenter, of gore Poundat Dr, FELIX GOURAUD'S old depot, 439 B way, below Grand street, and of principal druggists, A THstimony. T ingert this’ testimony as an acknowledgment of my titude to Dr. O’Tool*, for having cured me of consump- lon of five years’ atanding: I had aved very known reme- dy for the cure of the disease. but without benefit, M breathing grew so short, and cough so distressing: that was anal to sleep during the ni or worl cng Se day. My friends and family had pall hopes of my if en fetovery, T have used Dr, O'Toole medicines for the three months, with such bene®t that I can atvend te baainess as wel atany time during my life. My health in good and the Grate Sekar, of my disease are gone, GE ERSOP, 02 Eighth street To M. G. O'Toorn, M. D., ‘2 East Sixteenth streets New York. There is scarcely a sti or avenue in the city there do not reside patients who have been cured of ( pion by these medicines. All who suffer with Cough, in the Cheat, Spitting of Biood, Sheriness of Breathi | szmptoms of Congumption, will be Denebited se remedies. —RHEUMATIAM OF YEARS S[ANDING Te BEING « daily cured by a few doses TCALFE’S Great Remedy. RIGGS CURATIVE FOR 1D CORNS, IN~ ‘famed bunions, ingrowing nafl Brigg’ Allevia- {or for common corns Hriggs’ E: jon for rhenmatie, gtender and sweaiy foot. y druggists, 8, Surgeon Chiropodists, . Brening pain ik Bi ails be By Mal Be ‘ae OWN WITH THE DUST. —BRO' tallic Weather strips and Window excl feiave’mintars (row doors aud windows of every descrip ‘with their free ave at ail iasen, "Addreat Strip a 644 Broadway. VORCES SPREDILY OBTAINED FROM THE Western in accorlance with their statutes - box ‘ork Post office. Oo TO THOMAS BR. AG! GREENWICH AND M here ind Teas, Coffees, Viab, ‘ sa crerytaing aos ckesper them a7 store in New BYES MADE NEW—WITHOUT SPECTACLES, doc" malied free Address » Foot, % Db, eae York. Be ra a ns a a js New Yo Confidential for the Married. sonia one a fareos B.'B. Foote, M.D way, New ORNS, BUNIONS, BAD Nat TENDER FEET, ac, Gases tering ee hae nas PATENT MB- Tork. Bent free im 1,130 Broad~ Medical Common “ 109 1m nm Sent b; everywhere, pow Contents tablen sent Tr? the author, B. B. b SO, Preetwane a4 fon free, a SA. Mor. MI allda of Ssetence oa Someeli JIBLEY & STOOPS. 643 All ines to rent! treet, . ja and Howe's 1 — _———— + 55 dae reson THE WoRLD. REGUL. ae pe Ay, a ala PILLS, Superior to sugar, ay, ‘ Sever stew ‘The, enix vegetable gubetitnte, for eainne! or and superior to all Beedle pe in peneral hee ee THEY PURIFY THR BLOOD: 6) REC LAte THE SYSTEM, xp pura! eg. iver, bowels, Ridmeys, skin and ether DISKASED HUMOR® Price % cen's per bos. nr Ey 8 on. i ne 6 SECARR cuatro amas ast 0 creer TEE A LADUB. Bread ven,