The New York Herald Newspaper, July 10, 1867, Page 8

: j a Knee t:) WASHINGTON : Thad Stevens’ Reconstruction Bal Passed in the House. Debate in the Senate on Mr. Trumbull’s Bill. Letter of Gexeral Sickles to Senator Trambull. Be Favors Universal Suffrage and General Amnesty as the True Solution of the - Reconstruction Problem. Wasnisecron, July 9, 1867, 11:30 o'Clock P.M. Letter From General Sickies to Senator ‘Tramball. General Sick!es’ letter to Senator Trambull, on recon> mtryetion matters, about whieh there bas been so much gpecutation, leaked ont to-day from the Senate Judictary Commitice, Itis regarded as a heavy blow at radicalism, and many efforts were made to suppress it, but ip vain, Senasor Prumball is said to have striven hard to keep it from tho public, throngh the fear that it would damage the republican party ; whilo.on the other hand the Presi- @ent, 1t is believed, will be gratifed at ite publication. ‘The following is the letter: — Cnaunraton, 8, C., July 5, 1867. Mv Dear Sin—I have decided not to begin registration fm this disirict untii Congress determines who shall be registered. ‘I trust, therefore, that it will be the plea- sure of Congress to extend the time for the completion of my registration, say © tober or November. If 1 pro- pnow and drsrogard the wishes of the President my would be regarded as mbordiaation. If I fol. Jew his tntimations they probabiy be revistered Rot eligible, according to the true interpretation of the ects of Congress, it ts meant that all who have held any office, federal, State or munivipal, having faxen an oath of oflice to support the constitution ef the United States and aftorwards engaged f rebellion, or given id or comfort, & are distranchised, thin should bo expressly deciared otherwise, if left to construction, it may be held that no other officers are included than (hose classes enu’ te arvicie sixth of the Reconstruction act id that even @ © Wese a Tull pardon removes the disqualification, If it is meant t exclide lawy: they should be ex- presaly mentioned, or else described by some classifica for exam after the word “office” add ‘any Aicensod ailing or employment or profession;”” other- wise, if the siigibility of lawyers be left to construction, &® muy be held that a lawyer is pot a pubtic officer, @ithouch a functiovary of a court or otter judicial body. Pa Fated upon the Presiden Congresvional p'an is expressed in tho Howard con- stitutional amendment, leaving suffrage to be regutaied by the soveral States, and imposing ‘wpen certain ciasses of persons disqualifications for office a8 a punishment for rebellion anda safeguard for the future, That plan having been efused by the rebel States Congress passed the Roos. struction act, which formsa tecond scheme of recon- struction, entirely distinct in principle and plan from the former. In the second pian C 88 head and conscrvative feature of the first pian. Now it seems to me that tho true conservative guara' tee Lg Teaction is in the addition made to the loyal vote 10° enfranchisement of the colored people, ng done, the occasion for the disqualification @laneo ceases, Hence the true solution, I believe, is to declare with universal suffrage a general amuesty, mawing the exceptions, A more liberal amnesty in my judgment, essential to the success of the n- of reconstruction. It will entarze the ange of popular choice for the important judicial, ex- ecutive and jiegisiative d uments of the btate gov- ernments, otherwise inconvenientiy confined to classes, very few of whom are fit to hold office. The people ean surely be intrusted te judge and select from those ‘who took part in the rebelll the men at once quail. fed and sincere in their adiesion to the new ord ‘@f things, Such men being eligible to office will have metivos to identify themselves with reconstruction ana te support the views of the majority. ‘ever, men of tprog e experience in public business” ‘ere needed for the governments in the South, and & Je troly unfortunate that at such a moment nearly all who know anything of public affairs are 4 |, and iy those who could fill judicial stations, This exposes the experiment of general suf- ‘frage wo needices hazards, If the experiment fatis it is ‘ore likely to fail from the inability of the people to 1 office those who could and would assure success, ‘would have been advantageous perhaps to bave re- many disaffected persons, especially judges, and magisti in the execution of the sixth the act of 2, if competent successors been found among these who are eligible to would regard the possession now of a choice for civil officers as one of the most instrumentalities im the execution of the milt- thority conferred upon district commanders. As it 4 myself prevented, as will bo the people by and seeuring for the public service men of aptitude baracter, Ww Fepentence is as certain as the tion of the most concistent loyalist, In truth, tuis ‘of some of the courts outruns the of many @ the faithful. With reterence to other practical sug- gretions, 1 wight be useful if Congress, by one of is ng chars of the he operation of the Reconstruc- ton acts aud the further legisiation required, Very re- D. BE. SI KLES. Trower, Chairman Judiciary Commit- States Senate, Circular to Collectors of Customs. ‘The following circular, addressed to Collectors of Customs, has been issued — Treasury Departwent, Joly 8, 1867. With @ view to secure uniformity m the manner of Pevetving and certifying manifests of vessels arriving at American ports, Colle tors of Customs will observe tue foliow ing tosiructions:— ‘Vessels coming from any port or piace in Canada must ‘Weport at the fires place of arrival inthe Unived States, Presenting to the Collector or other legally authorized eficer of the Customs a manifest of cargo on veard, from what ot place shipped, and what gunmen im the United States destined, and specity- that there ia no other merchandise on board than @ach as bas been described, to which maniiest and speci- ‘Scation the said master mast make oath before the Col- Beevor of Customs, If any portion of the merchandise en the manifest fs destined to be landed iret port of arrival, the Coliector of such proper entry of it ia made, and will inake the certi- fBcaie of such landing on the vessei’s manifest, and per- mit the vessel to upon her voyage to the next ‘tat which ber manifest shows she bas merchandise to Merchandive described on the manifest as destined for ather than the first port of entry, may, if desired by the owners thereof, be landed and entry made at any Jet and the manifest must in such cases be cor- ected and certified to by the Collector or other principal e@icar of the customs at that HB. McCULLOC! Hig a £ a ol ETETEE R Secretary of Treasury. FORTIETH CONGRESS. First Session. i SENATE. Waauinerox, July 9, 1867. ‘MA FRUMPCLL’S RECONSTRUCTION BILL. Immediately after the reading of the journal Mr. @avesvis, (rep.) of Li, moved that the Senate proceed ‘te the consideration of the Reconstruction bill reported ‘Dy bim yesterday. ‘Mr, Scuuxza, (rep.) of Mans, hoped not. He hopeda Mite time would be given for the morning business. Tie ‘wiabed to call up his resolution to rescind the resolation He appealed to the Senate to take this up, Mr, Feeanvpen, (rep) of Maine, reminded Mr. Sumner be yesterday said be would keep thts resolution be- the Senate every Gay, #0 that no good would be ac- plished by voting on 1k now. he would not keep it before the Senate pase tt, sappone it is voted down to-Asy ? yon l ahall regard that as a wrong cou- govern myself accordingly. ‘The question was then taken on Mr. Trombull's mo- ‘Blon, and tne Reconstruction bill was taken op. Mr. inant ling further in the con- eideration is bill I deem {t necessary to prosent to ~the Senate some of the considerations which, poopy a the yudgment of the comm: Congress, Pro- snd carried out in the spirit in which ved, it is believed that this additional cE in § NEW YORK HERALD. WEDNESDAY, JULY 10, 1867. They raised armies and soncht to maintrin their homile tude. Every vestige of loval authorits, 60 far as the ied States were concerned, was utterly overthrown are, aitenved wi je, the government by force of armp in ercshipg out these inimical governments, in overthrowing the enemy, What, then, was the condi of the people ia the spring ot 1865 in these rebel ‘ States? Covfessediy they had no civil governments whatever. The governments that existed before ibe war had been for years oxiunguished, overthrown and destroyed. fhe governmeats of the of ne country we ourselves by fore of arma had pat down, Now as a necessity resulting from this confiet of arms and growing out of the belligerent character of this cou- tract, our military had contro! over the of these States, Why? Because there 25 BO government there. The enemy's government Of course could net ve tolerated, becanse at an expense Of miiiions and ban- dreds of millions of money, and thousands and beudreds ‘of thousands of lives we had deat it, The evemies Of the government had destroyed the legitimate xovern- ments, Then to prevent auatehy and to preserve the peace eur military commanders hed authority to con- tro) temporarily the people whom they had conquered ; for thin was & Vast Go) At was the overthrow of governinent of the and the authority of our Srmies to govern them by the power of the General ava tho soldiers was just ag. complete in Carotina as 2:0 Cali- fornia, when we conquered it from the Mexicans, 1 think all will aduatt that for some peried of time—some make it shorter than others, but for some period of thme, whether a day or a week, a month or a Year—the miitary had authority to preserve the peace and to govera the country, as far as necessary for that pur- josef aniil civil govermnents could be inaugurated, iow how jong this miMtary government could be con- tinved is.a question ieft in the direction of the sovereign wer of the United States, exercising its authority 10 @ spirit of our institutions and iv subordination of the constitution, 1 agree, sir, that this military power should not be continued a day longer than is necessary to the restoration of civil government in these rebel States which are loyal to the Union aud true to the con- stitution, But bow long? That is to be decided by tho circumstances, of which the soverewn government, the Congress of the United States, is to judge,’ not the executive nor the judicial trbunals, It is & question over which “tho judicial tribunais can @ no juried ction, They caonot try political questi: they will be bound by the decsions of the other. department of the government, Now, sir, this military authority was cou'inued by the President of the United States for a time, in the absence of any Jogislation by Congress, and rightfully continued. ‘Tho President of the United States then, while this military Power was in existenee, undertook to inaugurate civil governments in these States. Had the civil governnents which he undertook to inaugurate been managed by men true to the country and loyal to the flag, they would havo boen recognized, and whole question would have Deen settled long ago, But anfortunately the enemies of the country, the very men who set up the hostile gov- ernments which cost 80 much money and blood to ov throw, took possession of the new governments; and the Congrees of the United States when it assembled, finding this to be the condition of things, avd that the President had withdrawn the military power and leit these govern- ments in the hands of the very men who had controlled them daring the w: decided that they were not legal govercments, but provisional merely-—not absolutely null and void, but exisung by sufferance only. Congress then proceeded to declare that, there being no lega! governments tn those States, the military power should be restored and should be exerersed over nti! civil governments could be vet up therein, Mr. "Trambull then adverted to the opinion o( the Attorney General, which he charactenz das in preposterous, aad in conclusio ex. plained the provisions of the bill before the venate, Mr. Wicsox, (rep.) of Masa, regretted tha: the Com- m1 wo on the Judiciary had reported the second section of the bill, which authorized the commanding cenerals to remove civil officers, instead. of reporting a section vacating ail civil offices in the South, aa contained in the bill which be (Mr. Wilson) bad offered Ho believed if this had been done, as he advised last winter, the friends of reconstruction would to-day be fifty to one hundred thousaud stronger in the rebel States than they are, Ninety-nine out of ahandred of these officials are dis- Joyal men, In some Sates they are behaving well. There were no military officers in the South to detail for civil duvies, a8 provided in this bill. and if there were it would not Ee proper to use them for that purpose, Mr. CoxKun, (rep.) of N. Y., inquired of Mr. Wilson where the authority was for the appointment by military commanders of civilians to fill offices in the South, and pon be the nature of the Offices they held, whether Mr, Wrison contended that Congress has a right to authorize military commanders to make these appoint- ments in the manner he bad suggested. The operation of the Military bili had been very ood, he said; bat it would be necessary to put the friends of the country into the civil offices of the th in order to insure the suc- cess of the measure. It was not true that there wore not loyal men’ enough in the South to hold these offices, There were plenty of them all through those States. Mr. Wilson moved to amend the bill by striking out the tecond section, and inserting vacating all civil offices iu the rebel States, author. izing the military commanders to fill them by appoint- ments or rea] tmenta, Mr. Cowxuin denied the right to authorize military commanders to appoint civilians who were not and could not be subject to their authority. It might be a consum- mation devoutly to be wish bat it was surrounded with difficulties, as an examination of the grounds on which it was based would clearly show, The J Committee had considered the tion as by Mr. Wileon, and had conch ‘that the right to en- act it was at least doubtful. Committee had in tte fourth section of the bill ratified aod confirmed the acts of lary commanders: already done in removing Civil officers and appointing other citizens in their stead. The bill said that General Sberidan was right in removing Govornor Wells and ap- pointing Mr. Flanders in his place. If so he would be right in removing Governor Throckmorton, and ee other citizen in his place, Ir. Conmune said ft was true there was an apparent inconsistency here; but the fourth section was retro- spective only, and, if not constitutional. it could, at any rate, do no barm in the future. Wilson’s proposi- tion’ was prospective in its operations ; if adopted, and a'ferwards found to be ino ive, whole sys- = joe cngsnta it would fi a ee ae ir. HUYSRN, (rep.) 1. Jey the amendment of Mr. Wilson. The bill of the Jadiciary Committee rendered all the civil officers in the Sou:h yer'eas for evil, and he did not see the necessity for ir, Wilson's prop sition. He (! hipriin oo would not add one jot or one tittle to what Congress hi deciared to bea finality, and he would not, therefore, vote to turn ten thousand or fifteen thousand civil officers out of office. He believed a policy of mildnoas and conciliation, tempered by justice and right, would do more to restore harmony and peace than any policy of confiscation and disfranchisement. as participated in by the yeas and nays were demanded on Mr. Wilson's amendment, and it was disagreed to:— Yeas—Mossre. Cameron, Fowler, Ross, Sumner, Thayer, Waite, Wilson Wavs—Mosars. Anthony, Bayard, Buckalew, Conkling, Cragin, Drake, Davis, Edmunds, Fessenden, Frelinghuywen Grimes, Henderson, Howanl, Johnson, Morgan, Patterson of NH, Ramsey, Tipton, Trumbull, Van Winkle and Wil- jey—21. Mr. Bocxatew, (dem.) of Pa, presented an amend- ment, which he asked to have printed for future action, that on the election of mombers of the House of Re- Presentatives each elector shall be entitled to a number of votes equal io the whole number of Representativ: to which the State is entitled, and he may cast them all for — candidate, or divide them among the several 08. mendment was ordered to be printed. Baig A ye to — the second rection by Providing commanding general may appoint Civilians to fill offices vacated ‘under that section. Mr. Eomwonns, (rep.) of Vt., spoke against this amend- S Mr. Yares, (rep.) of TL, spoke in favor of it. The whole bill was based npon the idea that there were no Jegal governments in the South, and there could be no objection whatever to this particular part of it. He wanted military men for military work, but there wore loyal men in the South fally equal to these duties, aud be wanted to see them appotu! Harlin, Howe, Nye, ates—11. ‘Mr, Witson said the people were detter protected in life, ‘and property in the South under the Military Dill than ye wanted to en- ‘Mr. Covxuno, ailading to the removal by General McClellan of the Maryland Legislature, asked if General McClellan bad the right to appoint another Legislature in place of the one deposed. Mr. Moxnit1, (rep.) of Maine, said the case was not to the point. Maryland nad not rebelled; im the Southern States the governments have been withdrawm and must be established The Senate at forty minutes after four o'clock adjourned. HOUSE OF REPRESENTATIVES. Wasmwotos, July 9, 1867. The reading of the journal having been dispensed with, the Speaker presented copies of the laws of Idaho and of the journal of the third Legislature of Arizona, which were referred to the Committee on Territories. THE RECONSTRUCTION MILL, ‘The House then resumed the consideration of the Ro- construction bill, which Was pending aithe adjournment yesterday. Mr, Brooxa, (dom) of N. Y., as the minority of the committees which reported the bill, addressed House ded the House that twenty- 0 was now fed by the Britieh Un » covenant with hell.” After the hon, to which ti dootrine had ied, Mr. Wiliiam Lioyd Garrison bad sense enough to withdraw himself from the country, leaving to the party which & policy that sought tow, after emanc:; 7 four millions of blacks, to disfranchise and per rovers ht millions of whi et on eight m is Of whites. The first Br the Bilt deciared void ment of four of the inal States of the Union and six of the later States, It not only declared Megal, but void, He deen jains of Marathon and at Ya Dut never was he filed wi such enth as at the tomb of Washington, jonticello and other piaces of historical interest in Virginia; and yet this State, with a record thus was to be struck out of the Union the land of Pinckney, &u: A DIN, declared Joga! and valid. The third section author. jaa the boards of registers, compored of white, blac! bime and yellow, to disregard the oaths voters to refuge them registration, with- out any svbdjeetion em the of those Doards to federal officers er any other a hority. fourth section siruck at the very government of United States, in depriving of all jurisdiction agai district commanders, or officers acting ander thei Bhority, not ony the courts of the State, bur the courts of the United Staics, He knew not what the Presid: of the United States would do; bat he knew what bimself waa!d do before sending this bill back to Con ress, He would seud Sheridan to Maveachusetts and Jaina, and won'd send Sickles to Walrussia to teach the x. But they threatened to impeach the Pre- sidentand to put in bis place the President of the Renate. Lettnem dose, If he were President John- fon @ would never atlow Congress to enforce upun him ntirely subversive of the constitution of the United States, ‘Mr. Garren, (rep.' of Ohio, songht to interrapt Mr, Brooks with a qnes'ton, bat the Srraker stated that the gentleman from New York had, in the outset of his re- marks, mtimaced that he desired not to be Leng Sox 1. ith, Mr Brooms continued his arrument against tl Tf there waa anvthing that grieved bim more thai thing else tn these late times it was the assent of law: ‘on the other side to have the Bill of Rights and Mayoa Charia overthrowa, The semi-barbarous barons who wrested Mana Charta from Ki John had stipulated, m 1216, that no freemen should be deprived of h'e, tiber'y or property without dane form of law; but here, in 1867, twelve milions of people were deprived of all rights of trial by their peers, and were subjected to the mere will and caprice of five wititary despots, He.qio- ted from the Declaration of Rights of Massachusetts, Vermont and other States to show that the people of the North were once jealovsof their rights and tiberties, Tne gentleman from Pennsyivania (Mr. Stevens) had at first proposed only confiscation in the Sonth; but this bill ptaord not only the property, bnt the lives, libert es and personal rights of twelve mMlions of penp'a in tho poser of military offivers, The bil was, in the face and eves of afl written history, in utter violation of every natiral and national law, and its anpporters. would ype, manv of them, to deplore that they had ever given it sanction or sapnort. Even the Tar'ars when they con- quered Obra did not destroy the institutions of China, but assimilated them to their own. There was no parallel in history for this acrexeept in the Inhuman conduct of the Doke of Alba, This taw was not as respect- able as the rule of the Czar or the Emperor of Austrin, for when the Hungarians were svbjngated their civil rights were resnected. Tho least Inteliigent of all the races on this continent had been selected to go into partnership with the white race in the government of this country, The Haytien and tho Liberian were wiser than the supporters of this bill, for no white man was allowot to hold real estate or take any part in the government there, All bistory showed that such experiments 28 this of comming'ing races were dieastrous, In concn sion, ho declared that this was the proudest hour in his life, when he could make bia remonstrance against the ontrageous and infamous principles of this military tyrannical bill, Mr. Garvrein, referring to Mr Brooks’ allusions to the ograrianism of Senator Wade, reminded him and the House that that senator had disclaimed the senti- ments imonted to bim. Mr. Woon, (dem.) of WN. ¥., then took the floor in op- position to the bil. He reviewed tho bistory of the reconstruction measures and of the action of the Prest- dent, expressing some donbdt as to the constitutional power of the President to do what he had done in estab- lishing provistonal governments in the Southern States at the close of the war, but c'niming that the President had simply made an effort to give to those States rov- ernments consonant with the constiution, and to carry out practically the mtention of Congress, so far as it was then anderttond, Convress had waited for two years before it had passed any law on the subject of Teconstrnc'ion; and the question then was, sivco the passage of the military act of last ses. sion, as to what its proper constraction was, The military commanders created by the law differed among themselves as to its construction, and General Schofield '\ad come from his district to W ington to consult with President Johnson aa to what us duties were under the law, A General Jackson would have given to those military commanders his own view of the law, and would have required them to carry it out, But President Johnson did no such thing. He called upon the Inw officer of the rovernment, consulted him, sub- mitted the law to him. and transmitted to the district co.nmanders the opinion which that law officer had given, What was there wrong in that? And vet they were told that this session was called by the action of ‘Attorney General Stanbery, and disrospec'fnl and sourrilans resolutions had been aimed a: the Attorney General by the gentleman from Ohio (Mr. Schenck). H argued against the constitutionality of the law in gen: ral and in detail. When Stato officers were romoved, as provided in the second section, and others appointed in the'r places by the military commanders, they then be- came federal officers and the constitution placed in the President alone the appointment of federal officers. So was this section unconstitational, Gea. Sickles, acting a3 an imperial despot, required the sum of $500,000 to carry np npr programme in the act, and demanded also that the navy of the United States shall be subject to his orders. Powers over life, liberty, property, mar- riage contracts and social relations were in that imperial Major General Dan Sickica, Was that 80 designed? If so he wanted it plainly stated in ths ‘bill, He did not want to have another censtructive act As to the third section, regulating Tegistrati ‘he did not see why such a roundabout means should be resorted to, Why not simply appoint &@ select committee, who should be members of Con- oon ‘That would bea shorter and mmplor way, and as fair towards the people ef Btates as that provided in the section. The tourth section places the district commanders and their subordinates above the laws. No matter what crimes they might commit— murder, robbery, rape. This fourtn section declares that no civil court of the United States or of any State should have tf juriediction over them. Was that to be de- fended? - As to the fifth section, which provides that no. district comman ier shall be relieved from the com- mend assiened to him uniess the Senate should first consented and advised thereto, he showed that nove of those officers, no matter what crime they com- mitted, could be removed by the President They were responsible only to Congress, and Congress was to ad- journ in a few days, not to most again, ne hoped, until December. In conclusion, he said the people of the South are entirely indifferent as to whether or not yeu allow them to vote. They want bread; they want se- curity to life, liberty and property; they want to be allowed to live in peace, Give them that securit; en them rest, Grievously have they erred, I advit. ut grievously have they suffered for it, You panished them during the war; you punished them at the close of the war, and you have age ‘them every hour since the close of the war. ‘our military satrape are among them. The people have no rights; the ne- groes can butcher them and do butcher them. White femaies are loft at the mercy of the brutality of their former slaves; while if a white man inflicts the least per- sonal punishment on a negro it is sent abroad to the country and used as an argument?for farther oppres- sions and further injuries, Let all this stop; let this people come back into the Union whieh ther fathers fought to establish; let vs be once more friends and broibers; let as avail ourselves of their industry acd agricultural products, to revive the credit of the couuiry — to reduce the taxation which is now bearing us jown, # Mr. Srrvews, (rep.) of Pa, now intimated his intention to move the previous question, first modifying the Oftn section by striking out the words ‘‘or unless he shail consent to be #o relieved.” and inserting instead of them the words “or in arrest for an offence punishable by dis- missa! from the army, or disqualified by sickness from the performance of bisa daty.”” Several amendments were proposed by Mersra, Schenck, Baker, Butler, Coburn, and Garfield, but Mr. Stevens deciived to permit any of them to be offered. ‘The House seconded the previous question by a vote of 89 10 47, and Mr, Stevens, being entitled to one hour to close debate, yicided twenty minutes to Mr. Bingham, who ad‘ressed the House in support of the bill. Mr. Brvomam, (rep.) of Ohio, said be had hoped that when the commitice appointed the House had made a report adhoring to the ‘istation of Congress \t would bave moet no serious objection among gentlemen on any side of the House, He that the spirit of patriotism would, in the of this great question, rise above the narrow spirit of party; that gentlemen would forget in this sapreme movement of the republic that they were domocrats or repoblicans, and remember only that they are Americans, and that at least they bad bat one constitution, one country and one destiny. He stood here to strip every man of the disguise of @ pretended patriotism who objected to giving to the people of those fen States lately torn and distracted by armed rebellion the power to for thomssives with the consent of the triumphant organized nation, ad instead of meeting the quostion in that spirit, gentlemen came here and exibited themsetves in the unenviable character of mero eaters up of syllables and snappers up of unconsidered trifles. ret ‘The gentieman from New York (Mr. Brooks) cal to mind the clustering memories of Marathon ‘and Thermopylm, forgetful of thoce grander memories engraven on the heart of the nation from the fields of Shilob and Stone river, Chickamauga and the Heights of Kenesaw, Antictam and Gettysburg. That geatioman Temembered Pagan antiquity, but forgot the living nt, He remembered the republican institutions of olden time, and forgot the grander republican insti- tutions of the modern timo. He remembered ant grew eloquent over the’Magna Charta which the barons six hundred years ago wrung from the trembling hands of imbecile king, and forgot that greater, grander, nobler Chart which Washington wrang from the hands of George the Thirt. In conciusion, Mr. Bingham argued that the disfranchisement complained of in the bill was only temporary, and would not ap [+ Any more than twenty-five thousand men, ard that when those States should become rebabilitated no dir franchisement whatever would rem: It did not be- come the gentleman from New York to mouth about democratic pnoct nd yet claim that in Soath Caro- 1 jority ehali rule the majority. He claimed that no human mE could torture the Bill into any- uing itl to out the will of the nation. ‘Mr. Expamper, (dom.) of Win, asked and obtained per mission of Mr. Stevens to occupy the floor, Me desired ton, but the laiter mot con- gent to more thi mn minutes Mr, Evpaivem said by grace we live, move and have our being, and by grace he was allowed ten minutes time only on this tmportant question. He hoped he was fot irreverent in returning his thanks to the gentieman from Pennsylvania for the gracious gift. He could not with the gentleman that these ten are not States in the Union; and yot if all the Blood shed # and treasure spent within the last six years were not in vain, then every State was a fiving State, and being in the Union, they are entitied to every privilege aod right State, Bai abrogate age mont, General = unpede No one here opimon, It had tenced the time for proposed Now, be asked, did the opinion of the Attorney the execation of Mr. Stevens closed the debate, He that a smaii portion of the biame President since Congress adjourned is charg: use of improper bere the biil, and that to an indistinct: know! of the condition of the coun- = try which we were legtilating for If we had all agreed, as we have since peo that the States lately in rebellion were conq' tery, and sublect to this nation as conquered territory, aud if we had treated them according!y we should bave had but very litle troubie in reconstructing this government upon the principle of the admission of new States. But we were ‘not all perfectly prepared for it in our understanding of the laws of nations, nor is it wonderful that we should have been thus wandering im our views. I will state what I suppose te have becm our real condition, The nation was affhcted with a civil war which fora time was an insurrection that divided its sway, Some twelve millions of invabiiants claimed that they Do loncer be- longed to this Union; they set up an independent gov- ernment; they formed all the machinery of agovern- meni, both of a national government and of a state vader that national government, and they raised large armies to de(end their At the period when woe declared a blockade we admitted them to be not an independent matiom, but an indepen. dent Ddelligerent, raising above ipsurrection, and entitled to all tne privileges and sabj-ct to all the liabihties of an independent belligerent, The nations of Europe so treated them, we so treated them; in short, there can be mo doubt o! the fact that we were then at waras two independent nations, It depended on the conqueror whether he would treat the one that was canquished after the war as a vanqnixhed nation, or whether he should punish him for violation of ‘the sovereign rights of the nation in addition, We con- quered, What did we conquer? We conquered the Confederate goverament; we conquered ail the States forming the Confederate government; wo conquered a government which, by its own deciarations, owed no allegiance to the government of the United States. That they should pretend, after that, that they had ono right uuder the constitution which they had thus repu- diated and attempted to destroy, and that they were still States within the Gmion, as asserted by the geniieman from Wisconsin (Mr, Eldridge), looks to me like a bold absurdity. Yet that was the doctrine of tno Presi- dent; that the doctrine which gentlemen are fighting about, We deciared them to bs conquered inces; We were treating them under military law. jow, what is the law in reference to provinces con- quered from a foreign independent beliizerent? When you cooquer from @ foreign nation or from an inde- pendent belligerent the territory that is conquered is governed by military power, by the Com:ander-in- Chiof of the army—who in this case was the Presideat— until tne legislative power of the nation shall have spoken and directed what taws sball govern. But the moment that the legislative power of the nation inter posse, the military authorities cease to exis., and the Commander-in-Chief of the army has no more to say (0 it than a corporal in the ranks. He has to say just woat that legislative power orders him to say; be has to do just what that legislative power orders him to do, and he can do nothing else. A deal is said about the President acting as Commander-in-Chief of the army while be was superceded in his authority by ‘Congress. I have no fanit to find with, hia mainiainmg military rule. But he assumed to exercise legisiative powers; he assumed to establish governments; he assumed to appoint civil officers; he assumed that that conquered territory should receiv: back precisely the constitution of the loyal States and be entitied to all the privileges they ever had. No part of that came within the power of the Commander-in- Chief of the army. If Congress sends an army to quell tho Indian war in Nebraska, Congress orders them to go there, What do tho officers do? They pass no act of legislation; they co there and order these troops when to charge and when to retreat; they drill thom; they put them through ail the military exercises, They can do no act which looks like regulating the object of the war or the object of the army. eo constiti- tiom takes express reservation to show that there can be no such power; it expressly declares that Con- gress shall by power to make all rues avd regulations for government of the land and naval to do with ; the Judiciary has nothing to do with it, Congress 18 the only power. Congress has enacted rules and articles of war. Can the President of the United States interfere with them? Can he add new articles, new rales, new regulations? No euch thing. The mili- tary officers that were sent as commistioners in these States were simply appointed as ts of army, 4 assign them to that duty, they agents of Congres. And neither President nor any person an, under him has the right to interfere or do anything but exactly what Congress has said. It can be meceren, < sAhe, $0 oe Pp tion that Congress— and Congress alono is the power recoastruct—is can the power that can admit these outlving States, I deay that the President bas any right to cail on the Attorney General, or on any other branch of the government, to interfere in any act of such reconstruction. to the agent appointed by that was known before this to the ry colored parties to the constitution; they are the ovnstructing powers; they are the substantive body, Territory, ho ‘ever acquired, by purchase or conquest, or by inherit- ance, is the property only of that substantive powor, add that power is bound ap by the constitution; thi power alone ts governed by the constitution, but ds not extend for any purpose into any Territory or cot quered province. ‘ny, then, talk about the constitation Tegulating the action pf Congress tn @ province, in a Territory, in a State, whether conquered from a leg: i- mate State, or an illegitimate state? I may be asked bow one would treat the Con‘edcrate States of America? Just as Congress chooses, They are our property; ther citizens are our subjects; their lives, their hberties are rubject to the trotied by the Jaws of buman ty, thore is no branc! of the government, there is no power in the government, except what I have mentioned, that has any right to ii re, Or (O Bay One word on the subject, If you wish to pun sh the malefactor for vio+ Jated majesty, that is another question. Possibly you might do #0 through your .courts of practico—at least you might attempt it; but I do mot suppose can do it But thi is one thing cloar, that territory not being yet declared by Congress of restoration, it is ander the military authority of the government; and any tribunat constituted by the military authority any militry tri- ba any court martial, can try any of those who beionzed to the belligerent forces, Jefferson i) man of the confederacy conquered by us, is thi subject to trial by military tribunal. If I bed my way I would long ago have orgvized a military tribunal under military power, and I would have put Jeflerson Davie and ail the members of his cabinet on trial for the mur- ders at Anderson’ the murders at ca tee shooting down of of war in cold biood. ery Ne for those crimes, It was a 1 give no opin- punishment as in my judg- epee & wired. I would car: going, yet there is no iaw nor policy under heaven aud no sexse of justice that wil condemn that real heroic, much endur- bas been bunced io inst him should be ahot down without further trial er) not going to shrink from saying that [ think such punisomeot I do not say, nordo ask that Anybody should be execated in this country, There has go to bea mickly humanity here, which alongside of for fear I it catch it is now held by one of the most |i ny gentleman in the country (If ri Gerrit Si on the rebels aod pay & portion of tLanghter.) I shall come some day to ha with Horace Greeley about that, therefore 1 need not way anything farther. 1 believe I have said enough to explain my views on the subject, aud now 1 ask for voto, As Mr. Stevens concluded his remarks there was ¢on- Siderabie applause on the part of the members, ‘The amendments to the bill offered yestorday by Monera. Wilson, of owa, and Benjamin were severally agreed to, ‘Mr. Woop moved to tay the bill on the table, Nega- The bill as with the modification made by Mr. Stevens in the section, as shown in the pro- coodings, was them passed by a vote of 119 to 31, as fo — Yess—Mésera, Allison, of Obie, as Baker, Baldwin, — a, Ben, burs, 1 ion, Harding, tro kate heh bet a | © an argument Spaniding, Starkweather, Stevens of N. H., Stevens of Pa., Tate, Taylor, horas, Troworidge, Pultehell, met Van Aernom, Van Hora of N. ¥., Van Horn of Mo. Wai Washburn of Wis., Ws Hoteb: feove. “Shtgresvess Stowers, ions, ona, S we ‘Trump and W. ne. Taber, Van Auken, THE ATLOGED REVEVUE FRAUDS IN NORTH CAROLINA, motion of Mr, Houauen, (rep ) of N. Y., the secre- ‘Treasury was dirvcted to furnish any reports bis reganit — wat fs 3 DOORKERPERS, MESSENGERS, ETC. , motion of Mr. Loaay, (rep.) of Iil,, the Doorkeeper to retain the same messengers and em- ports, und Aang the recess of Congress as were to be retained during the last Congress, ‘TRE BOUNTY QUESTION, On motion of Mr. Van Amanam, (rop.) of N. Y., the Secretaries of War and of the Treasury wero directed to inform the Honse what furthor legislation is necessary to facilitate the payment of the additiona! bounty granted by the act of July 28, 1866, of Pa, presented the petition of four “Maryland in favor of universal ‘At halt-past three o'clock the House adjourned. TRIAL OF JOHN H. SURRATT. Defence—Nw Evidence ef Importance Given Yesterday. ‘Wasminaror, D. C.. July 9, 1857. ‘The trial of John 1, Surratt was resumed to day in the Criminal Court, Judge Fisher presiding, and the examina- tion of witnesses for the defence was continued. B, K, Eastman, sworn aud examined by Mr. Bradley— Tam profeseor at the National Observatory ;Jon the night of April M4, 1855, T wan engnged in making observations; the moon rose that night at two minutes past ten o'clock; at @leven o'clock the moon was about fifteen degrees up and was loss than half way between the zenith and the horizon; at half-past seven o'clock that evening the aky was hazy, and at nine o'clock tt was clowly; Tobserved that particu: larly on account of the observation of a planet I was observ. 1g; at eleven o'clock it was so cloudy thi not see taal copt those of the first magnitude could be seen even with a glass; the moon would not have illuminated the north side of any buliding that night; if a house stood west of a corner ‘and faced north it woul | be entirely in shadow. Cross examined by Mr. Fierrepont—On this night, at half- past eleven, I went ougand could = see the form of the moon; Uwaanot aware that Easter had reference to the condition of the moon at the full; the moon was full at four o'clock on the morning of April 11; (Triune Almanac ex- hibited); thetaimanac sav: the moon was full on the 1 it to be full on the lth; T d Tam satisfied I am correct in stating that the moon rose at half-piat ten on April 14, James R. Ford aworn and examined by Mr. Bradley—T nected with Ford's theatre 1n man: ther was tn Richmond, and 1 waa in charge theatre; I knew John W. Booth; had known him ten years; ‘on the marning of April 14 was at the theatre office from ten o'clock till half-oaat eleven o'clock: I went to the Treasury building to get some flags for decorations, and was gone 20 = hour; T prepared the advertisement ‘announcing the President; dvertisements were prepare fore I wer flags; when I left tne after the er the figs, the eurtain was up and rehear. sal had jost commenced; saw Booth that dey at the corner of Tenth and E streets; on the even'ng of the assassination I went to Bultimore with Mra. Ford’s sister and returned at twenty-five minutes past ten; I rode up onan F street car from the depot and ‘arrived ‘at after ten; the assassination bad t the assassination Booth & low afterwards change! to box No. 7; thia was three weeks be. fore the assaasination: on that occasion Booth occupied the box, with two ladies, from the National Hotel; the ladies were the Misses liale; 1 never saw the ladies of the Surratt family; never saw the prisoner at the bar. ‘Cros#-examined by Mr. Pierrepont—I ‘did not know the Miases Hale personally: Knew them to see them; one wat Uitle taller and larger than the other; bota had dark h: ever particularly observed their By Mr. Cairiuglon—Nover remember seeing Booth occupy this box more than twice w th don’t know who the ladies were on the other occasion. juestion by Mr. P.errepoat—During the rebellion which did you take? Mr. Bradley objected, Mr. Pierrepont said they had a right to ask the question, tofind out the animusof the witness, and to show which side he took—whether for the nation or againat {t, Judge Fisher asked if it was ‘to ask the witness 44 to hi-wolltieal opinions, er a8 to which side be took dodiined to have the witness answer. ‘the defence would then ask him— ‘Rot be recalled after being in- had there been conversation {ts on th tide of the street } might have seen aman forty Ry Mr. Plerrepont—Went to bed at eleven o'clock, ant did not hear of the assassination til next morning; 1’ made to my family that T was ised that { should have been out <0 late and not heard of the assassination ; 1 was sitting in front of my house on ixth street; No, S41 was seveniy.tive feet fro.n my house, and where | was sit. fing | did not hear any one talk, but T think I should bave done so if any couversation had occurred from the window of the next hou By Mr. Merrick—T Know I went to bed at eleven o'clock, beetuse my wife called mein, saying it was eleven o° and I told her | would do so when J inished my cigar. “Junes Lamb awora and examined by Mr. Bradiey—Am a scenic artint and was engaged in my profession at Ford's theacre in 1835; on April 14, 1365, [ was In the painting room of the thentre from nine o'clock A. M. until six o'ciow M.; the panting room ts in the rear part of the thea ie commauds a frrll view of the ‘and & portion Orchestra; on that day i was assisted by & Diack boy who eaisted me during the day, and in the even ing he aasisted fn raising the curcain: on April i4there was a rehearsal, lasting (row ten A.M. tid P.M, aud the curtain was up afl the time. By Mr. Plerrepont—I am English by birth, and have lived im ‘this country tweaty-cight years; I took no part ia the lace strnggle. Diyos capress say sympathy with the rebellion during war! Mr. Merrick objected, that the question was not proper tn thivcane The prsunge was indloved for murder aud Dot Toot tne issue. "Judge Fisher said the question could be put, but the wit. ness could answer Or not. as he saw proper. Wiiness—I have expr: pathy with the rebel aide; ‘a 1 saw men butchered oo Th ae nst the ‘didnot lead ang to wish States; if the curtain had been have known it, as it made a good deal of could not have been let down without my f. Plerrepont—The lowering of the curtain would made ad unusual noise, and it would bat ttracted my attention; the boxesdo hot receive their lignt from the 8. Lieutenant Charies | M:, Skipper, sworn—Witness tes Keutenant of police; in 1865 was sergeant of police; wit- ness’ preciact was then in the second ward; there was no Oyster house on the south side of F street, between Ninth Tenth streets: th ; there was an eating saloon on the Givers; be might bare, served. o7ste the ton: 499 Four. ides heard his reputation until after he testitied at be did not know Jobn H. Fé pom trial; Lee told wiuees that jarratt. Mr. Gi 1m objected to the witness procending, on the stad that he Kawedation to contract Loe Tea feat boos Fria “Lee nad not been questioned as to this conversation, ‘The Court sustained the objection, and directed the ert. ta aicendy given by Me. Boss as to the conversation with to + "Mr. Bradley asked to have Lee recalled as to this conver. Tt was a question of discretion with the Court, and jon was addressed to Of judicial sation, ee the Court as one scree on. ‘The Court refosed the motion, as It would open the door to endless discussions and multiply testimony to such an qutent that there would be vo telling whea the cass would torminn The Court stated that he bad received a note from James B, Ford, who testified yesterday, wishing to explain an an- awer made by him. Mr. Ford was on the stand, a fala ho wae alwaye a loyal man, and in sympathy with tae North during the rebellion. By Mr, Pi nt— Witness did not say this before be- enace he gi vot Uh it had any bearing on the ease. vavid A, Mr, Merricx—Have zou s telegram sddressed hy ne my A rofial = this city? i. to Jacob W. the counsel ram being read. tested ihat be came on here voluntarily, and without being summoned, The jerpool was then read by Mr, Mere rick. In which that witoe \eatified that he cams on to the trial without being summoned, afer hearing that the seen, was pat to the wit sag summoned, by Mr. One Fington or uny other of the counsel for tn ty pen ‘defence could con:radict Vanderpool ti « ‘wae inadmise! ‘The telegram 19 as follows 90, 1887. ‘To B. W. Vawnenroot. care of Channeey r, at at Law, No, 268 Broadway, New York :— Come on immediately. I be —— trial; man bef dt sinee this witness would Cee eee nha ees a aon Sota in Lee: was @ polices knew ‘ lee magistrate; he might wart Eee. war; knows John Did John Lee ever at the Kirkwood Ho! a il ave believed his word. By Mr. Carrington W linens was on the foree with bir: || pe geoph Ie Rot diacharged; witness a , r. Me will'examine bim as to the cause of Lee's summoned, Kimbal 1 irero-— Witness trial, bus more sinen; nar ‘heard roe were badly of = ‘the trial and many since; heard some peo; was a damned rascal and all that (sensation); mhould not hia gepera! Teputation was very good; bas beard my they wouldn't believe him. Mr, Pierrepont objected to the order of questioning the witness. Mr. Merrick read from hares Keer # of Teine and Huatington, to show a recent decision of the Court. of the United States as to the order of ness established by the Court as to Of a person who has before testifie! in a case pendiog. judge F sher decided tha; It would mat do some people say, but what was the general opinion ss to the repatation of the party whose testimony it was designed to Impesch: there are perso ‘who would say they would not believe some of our bast citizens o2 oath; sush persona are always to be found, asta resuining—Has heard several speak of him before 8 ‘Mr. Carrington—I think the answers of the witness have satisfied the Court that he e:nnot speak of the general repa- reputation, either for do the peopte at large say of bin? ita before the uals so im befor Mr. Mer: here asked the witness what he had heard said of Loe since this trial began. had been said of Lee had grown out of his cage oF not. . Judge Fisher sald he desired to hear no point; he did not intend to allow the character to be damned or sanc vy any rumors ve grown out of the testuuvuy Le unigot Bave given im apy ve, ““Proderick Calvert sworn—Knows Lee; bis ageperaliy i buds" he, wan doubied vn simoet id ‘when he was employed with witness im the ee Stercicke trom what you know of his guneral repata- r. Mer Fi wi o! tion would soa believe aise onoder! oa? 3 Mr. Carrinzion opjected sno questions be i, pot think the Court would rule that the op nioa of t) ought oto the jury to damage the character of a man ine moral to polnt of view. The Court did not see opinion of the witness went w the j what difference it made; "if the they aiso would form their opinion as to the value of such imony. Mr. Merrick re} justion, and Po replied thet he would uot be! ‘Leo's oath if his was at stake. By Mr. Carrington—Witness would not believe Lee's wort from general tion when no inducement existed for inn vo speck falsely; heard hia. repat . every day while the draft was going Guricon, Callabun and others speak of bil cparaes corase Marehals witness wever Provost S witnaaa never a heard that Tr the oft efron “about the time Colonel in the offica from ai me placed in cuarge until after the assassination; he readered service la detecting the aasassinavon ; witness See ee eet oe ei noasst be.eas pomre oso same. not. By Mr. Pierrepont—Witness HN eR Soa aera tes Sa y Coldnel Jas. BR. O”Belrne sworn-—Reaide ia this ity; am, Riis or Tous; sitnoke wae’ Provost Menebal ot the Dio- trict, and had charge of the enrolment ea frees, January 1806, about six months; know John Lee; he was wi ‘chief detective from the time witness the Oftice till within @ few months of the time it 5 Bess was directed to employ him some few monthe por some he was discharged from "ional Es eer eeersaee would take bis statements with many graing Mr. Mi now of the tral and conv ‘Mr, Carrington, obj taht tla be poole wi ia trial where Fooord of atrial wheree, mao was Mr Herrick suld be suculd. offer the 1 viction of Cle«wer, and then the {a any way they chose. Id have adjoura at this point, as bia colleague, Be. from Indixpom is was desirous thatthe defence hot bo deprived of ts ight arm at Mr. Carri stated that & was not the of the prosecut ction press the fvial if counsel ‘on he other side as sick. The Court Booth’s Letter to jation: The Washi Inte’ declares that “no com- munication of any kind frou Booth or of bis aa- sociates in that great crime was over wed by any person directly or indirectly connected with the Na- tional That such a letter had been writen was believed, ‘hat became of it, or what were its contents, have until recently remained a mystery, It ‘appears from a despatch of a Washington correspondent of the New Yor« Hxatp that the fate of the letter and the tenor of its contents have been disclosed to the Judiciary Committee of the House of Representatives by the person to whom the letter was given by Booth.’” AE EVENING RAM. T A MARVEL JOURNALISTIC ENTERPRISB, THE CHEAPSST, CoMPt. Sf ANO ABLES? OF THE EVENING NEWSPAPBRS. PRICE ONS OBNT. FOR SALE EVEZYWHERs. BSOLUTE DIVORCES OBTAINED IN NEW YORK Sag ing ge ei ced Dune or Ae HOWE Kuorney No, 18 Naseem atrents 'VORCES LEGALLY OBTAINED I AP SCENT, without publics or expoere. Good every- where. 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