GJN
IS PUBLISHR?)
KVEBY FKIIiAY MiM.'Xixci.
j, R. I>1" BORROW AMI .JOHN UIJTZ,
ON
JULIANA St.. opposite the Mengel House
BEDFORD, PENN'A.
TERMS;
*2.0fl a year if paid strictly in advance.
If not paid within six months £2.30.
If not paid within the year £3.00.
& git******
atiomeysat law.
roilN T. KEAGY,
J ATTORNEY AT LAW.
BEDFORD, PKNX'A.,
(,Sera to give satisfaction to all who may en
ifj.t their legal business to him. Will collect
L C IITVA OB evidences of debt, and speedily pro
oar,! bounties and pensions to soldiers, their wid
ur heirs. Office two doors west of Telegraph
office. prll:'66-ly.
T 11. CESSNA,
J. ATTORNEY AT LAW,
Office with JOHN CBSSNA, on Jnlianna street, in
the office formerly occupied by King & Jordan,
and recently by Filler & Keagy. All business
entrusted to his care will receive faithful and
prompt attention. Military Claims. Pensions, Ac.,
speedily collected.
Hertford, June 9,1865.
M'L. E. V- KEUB
nIiARPE <t KERR,
A TTORXE YB-A T- LA W.
Will practice in the Courts of Bedford and ad
ji.ining counties. All business entrusted to their
ire will receive careful and prompt attention,
pensions, Bounty, Back Pay, Ac., speedily col
lected from the Government.
Office on Juliana street, opposite the banking
■ a u- of Reed & Svhcll, Bedford, Pa. mar2:tf
PALMER,
•' Attorney at Law, Bedford, Pa,.
Will promptly attend to all business entrusted to
his care.
VU, Particular attention paid to the collection
~f Military claims. Office on Jnlianna st., nearly
site the Men gel House.) junc23, '65.1y
J. R. I URBonnow JOHN
Dl" It BORROW & LUTZ,
At TO K.VE I*s A T LA I! *,
BEBFORD, PA.,
Will attend promptly to all business intrusted to
their care. Collections made on the shortest no
tire.
They arc, also, regularly licensed Claim Agents
ind will givfc special attention to the prosecution
fclaims against the Government for Pensions,
Bar'; ''ay, Bounty, Bounty Lands, Ac.
Office on Juliana street, one door South of the
House" and nearly opposite the Inquirer
r,, April 28, 1865:t
ESPY M. A LSI P.
IJ ATTORNEY AT LAW, BEDFonn, PA.,
Will faithfully and promptly attend to all busi
:„■<? entrusted to his care in Bedford and adjoin
counties. Military claims, Pensions, back
ay, Bounty, Ac. speedily collected. Office with
Mann <fc Spang, on Juliana street, 2 doors south
.■•'the Mengel House, apl 1, 1864.—tf.
MMM. A. POINTS,
ATTORNEY AT LAW, BEDFORD, PA.
Ri- i-cctfiiliy tenders bis professional services
• the public. Office with J. W. Lingenfelter,
Kn Juliana street, two doors South of the
•Mcngle House." Dec. 9, 1864-tf.
TNIMMKLL AND LINGENFELTER,
lY ATTORNEYS AT LAW, BEDFORD, FA.
Have formed a partnership in toe practice of
the Law Office on Juliana Street, two doors South
• f the Mengel House.
aprl, IS64—tf.
fOIIN MOWER,
.J ATTORNEY AT LAW.
BEDFORD, PA.
April 1,1364. —-tf.
DEXTISTS. ~~
C. X. G - MINNICn, JR.
DBF.NTI.STS, BEDFORD, PA.
<)pee hi the Bank Building, Jvtiana Street.
All operations pertaining to Surgical or Me-
I Maanical Dentistry carefully and faithfully pcr-
I firmed and warranted. TERMS CASH.
janti'6s-ly.
D 1 ENTISTRY.
I. N. BOWSER, RESIDENT DENTIST, W OOI>-
IBKJ. v, Pu., visits Bloody Run three days of each
j nvnth, commencing with the second Tuesday of
I the month. Prepared to perform all Dental oper-
I li s with which he may be favored. Terms
I ■'■' kin the reach of all and strictly cash except ly
I ial contract. Work to be sent by mail or oth-
I . must be paid for when impressions are taken.
I sags, '64:tf.
PHISICUHS.
WM. w. JAMISON, M. D.,
\\ BLOODY RUN, PA.,
l ':; v. !fully tenders his professional services to
the ; -pic of that place and vicinity. [deefctyr
I). H. PENNSYL, M. I).,
I (late Surgeon 56th P. \ . A.)
BLOODY Res, PA.,
''iters his professional services as Physician and
surgeon to the citizens of Bloody Run and vicin
decl.tyr*
[\R. B. F. HARRY,
II Respectfully tenders his professional scr
to the citizens of Bedford anil vicinity,
and residence on Pitt Street, in the building
■ riy • ri;pjed bv Dr. J. H. Ht ftus.
April 1,1864—t1.
■ 1 L. MARBOURG, M. D.,
|'J. Having permanently located respectfully
I 'vr.d.rs his pofeesional services to the citizens
I ' Bedford and vicinity. Office on Jnliana street.
I Ifi'site the Bank, one door north of Hall & i'al-
IwrV office. April 1, IS64—tf.
HOTEL*.
I BEDFORD HOUSE,
■ H AT HOPEWELL, BEDFORD COCKTY, PA.,
BY HARRY DROLLINSER.
I '' r (ry attention given to make guests comfortable,
B'i; ■ top at this House.
■ Hoji well, July 29, 1361.
I 5 A \ liEKK.
• -
■ REPP o. E. SHANNON P. RENRJUCT
ipVPP, SHANNON & CO., BANKERS,
Rl\ BEDFORD, PA.
■ HANK OF DISCOUNT AND DEPOSIT.
■ LLECTIGNS made for the Eu.-t, West, North
I ! t i ith, and the general businc.-".* of Exchange,
ItiMFip'ted. Notes and Accounts Collected and
I'tiaittances promptly made. REAL ESTATE
and sold. " apr.10,'64-tf.
JEHKLEK, AC.
I [''UN lIiIMUN lb
R J CLOCK AND WATCH-MAKER,
I i'l the United States Telcpraph Office,
BEDFORD, PA.
I watches, and all kinds of jewelry
I Rt.iptly repaired. All work entrusted to his care
I >rr- *ntcd to give entire ."atisfaeti'>n. [nov3-Jyr
I IVVNIEL BORDER,
■ Y PITT STREET, TWO DOORS WEST OF THE BUD
' i> BOTI i., RKBFOUD, PA.
IM T(; HMAKER AND DEALER IN JEWEL
RY. SPECTACLES. AC.
I ..!l kee l' on hand a stock of fiDe tlold and Sil
■ , V t'tcbis, Sjieetacles of Brilliant Double licfin-
B \ Scotch Pebble Glasses. Gold
H "a • hain?, Breast Pins, Finger Rings, best
B •vlv' Cold Pens, lis will supply to order
H • thing m his line not on hand.
B
tobacconists.
9 W. CROUSE A CO.,
I ' WHOLESALE AND RET lit
I I'OIiACCONISTS,
fl "'' r *cist of the Post Office, above Daniel
■ i'an.V' wc 'ry etore i Bedford Penn'a., are now
■ ' to sell by wholesale or retail all kinds of
I a< co ? Cigars auil Kiiitfi'.
B ' '".f/'tgafs promptly filled. Persons de-
B Bin thoir line will d well to give
I ® a call. b
■ Oct. 2n, 'fts,
31 u enure r.
A LOCAL AND GENERAL NEWSPAPER, DEVOTED TO POLITICS, EDUCATION, LITERATURE AND MORALS.
DFRBORROW £ LITZ Editors and Proprietors.
SENATOR TRUMBULL ON THE
VETO.
The consideration of the Civil Rights Hill
was resumed in the United States Senate
after the President's veto, on Wednesday,
the 4th. The correspondent of the "Adver
tiser" writes. —
The entire interest of Congress was cen
tered in the Senate to-day, the floor being
occupied for nearly two and a half by
Senator Trumbull in review of the Presi
dent's late veto message and in support of
the Civil Rights Bill. The speech isconeed
ed by everybody to be one of the few great
speeches of recent years, and is commented
upon by members of all political views as a
masterpiece of clear and coneise logic.
A brief outline of the speech with some
notice of the speaker is thus given by the
"Salem Register:"—
Judge Trumbull is an eminent jurist, hav
ing been for five years on the bench of the
Supreme Court of Illinois, and. in the U. S.
Senate, a Chairman of the Judiciary Com
mittee. He reviewed in detail the Presi
dent's objections, and answered them satis
factorily to the friends of the bill. He show
ed by a decision of Chief-Justice Marshall
that a citizen of of the United States is a
citizen of any individual State. He showed
by precedents in our history that naturali
zation need not be by individuals, but may be
"collective," as when all the whites of Tex
as, or Florida, or Louisiana, were made
citizens. He agreed that States are repre
sented in either house of Congress and
through their Legislature, and that Con
-sress must therefore ascertain whether these
legislatures are loyal. He quoted the 1 res
ident against himself, contrasting passages
in his best considered speeches while Sena
tor. with his present positions. He showed
further that the President had done, with
out authority, in the South, precisely what
this bill proposes to do by law. and demon
strated that his course in the South was a
proof of the neessity and wisdom of the bill.
Mr. Trumbull thus commenced: —
Mr. President, — 1 fully share with the
President of the United States the regret
expressed that ho was unable to sign The
bill to protect all persons in the I nited
States in their civil rights, and secure the
means for their vindication. I regret it on
my own account, because the just expecta
tions raised when the bill was presented to
the President before Us iatrcdrrcrinn into the
Sfcnate have been disappointed. I regiet 11
on the President's account, beeause it is
calculated to alienate him from those who
elevated him to power, and would gladly
have rallied around his administration to
sustain him in the principles upon which he
was elected. But above all, sir, 1 regret it
for liberty's sake, to secure which to our
selves and our posterity this Government
was founded, let, if the bill is unconstitu
tional or unjust to the whole people, 1
would not have had the President approve
it. That its provisions are not unjust to
the whole or any portion of the people, nor
unconstitutional, I shall endeavor to show
by a candid and dispassionate examination
of die President's various objections.
He begins these objections with the very
first lines of the bill, which declare that all
persons born in the 1 uited States, and not
subject to any foreign power, excluding In
dians not taxed, are citizens of die United
States. The bill, as originally introduced
did not contain this provision. It was be
lieved by myself and many others that all
native-born persons, since the abolition oi
slavery, were citizens of the United States.
This was the opinion of Mr. Bates, the At
torney General of Mr. Lincoln's administra
tion; the opinion adopted by his administra
tion, and acted upou since by ail depart
ments of the executive department, including
the Secretary of State, who has issued pass
ports to persons of color, recognizing them
as citizens, ft was '..lie opinion expressed
by Mr. Marcy, when Secretary of State,
that all persons born in the United States
were citizens of the United States, not re
ferring, of course, to slaves, slavery at that
time existing in the country.
The president does not object to_ this
declaration in the bill a- unconstitutional.
He docs, however, say that "it does not
purport to declare or confer any other right,
of citizenship than Federal citizenship.'
[Mr. Trumbull then made several quotations
to show that Mr. Johnson was in error in
respect to law and fact in his statements:
"The power to confer the right of State cit
izenship is just as exclusively with the sev
eral States as the power to confer the right
of Federal citizenship is with Congress. The
right of" Federal citizenship, thus to be
conferred on the several excepted races,
before mentioned, is now for the first time
proposed to be given by law."]
By these various treaties, resolutions, and
acts of Congress, it will be observed that
Frenchmen and Spaniards, Mexicans and
Indians, have at different times been made
citizens of the United States; and among
tliern some of the very classes mentioned in
this bill; and vet the president tells us that
this right of Federal citizenship is now for
the first time proposed to be given by law.
THE PRESIDENT'S DILEMMA ANSWERED
"If," savs the President, "as is claimed
by many, all persons who are native born
already.arc, by virtue of the Constitution,
citizens of the United States, the passage
of the pending bill cannot be necessary to
make them such." That is trim; but is the
President to lea in now for the first time
that rule to be found in the very horn-books
of the law, that an act declaring what the
law is one of the most common of acts pass
ed by legislative bodies? When there is
any question as to what the law is, and for
greater certainty, it is the most common
thing in the world to pass a statute declar
ing it. May opinion is, such was the opin
ion of the attorney general, such my oninion
of 'he present Secret aryof State; such the
opinion of Mr. Lincoln s administration in
an its departments; such I believe to be the
prevailing opinion in the I nited States, that
all native born persons not subject to a
foreign power, arc, by virtue of their birth,
citizens of the 1 nited States, But some
dispute this; but hence, for greater cer
tainty,, it is proper to nnss this law; and
the fact of its being a declaratory act is now
made a reason for disapproving it by the
president.
"But if such is not the law, ' says the
President, "the grave question presents it
self, whether, when eleven of the thirty-six
States are represented in Congress it the
present time, it is sound policy to make our
entire colored population, and all other ex
cepted classes, citizeus of the United States.
This is a standing objection in all the veto
messages of the President, not urged, it
sdbms, against all bills, for the President
tells us in bis message that he has signed
some forty bilk Why is it made an objec
tion to thift bill? The i'resident does not
state it as ah objection applicable to this
particular bill. It is a general objection
which he makes applicable alike to all bills;
and if there i any thing in it, no bill can
pa.-.: the Oortgn of the United States till
these States are represented here. Sir,
whose fault is it that eleven States are not
represented? Bv what fault, of theirs is it
that twenty-five loyal States, which have
stood by this Union, and by the Constitu
tion, are to be deprieved of their rights to
legislate? If the reason assigned is a good
one now. it lias been a good one all the time
for the last five years. If the fact that somo
States have rebelled against the Govern
ment is to take from the Government the
rreht to legislate, then the criminal is to
take advantage of his crime, the innocent
are to be punished for the guilty.
TIIE RECENT PROCLAMATION.
Within a few days, the President has is
sued a proclamation, not of peace as the
Senator from Nevada (Mr. Stewart) seemed
to suppose : not a proclamation declaring
that the Rebellion is over, but that in cer
tain States it is over. The President does
not tell us that Texas, one of the States
that were in Rebellion, is in a condition to
be represented here. And, if we are to
wait for these eleven States, before legisla
ting, must we not wait for Texas? The
same principle would require us to wait for
Texas as for the others? and she has not
reorganized any form of government. Those
States which have undertaken to reorganize
have not yet been recognized as having a
republieau form of government, entitling
them to representation. The Representa
tives chosen by most of them are persons
fresh trom the rebel Congress, or from the
rebel armies,—men who could not take the
requisite oath to entitle them to admission
to scats. Arc we to abstain from all neces
sary legislation for the nation until these
States shall he admitted to representation,
which, as organized, refuse to send Repre
sentatives entitled to admission, and insist
on thrusting into Congress men whose bands
are dripping with the blood of loyal men ?
Is the \ ice-President of the rebel Confede
racy, is his colleague, one of the Senators
in the rebel Congress, to some here to legis
late for the loyal people of this country ?
Are the men who organized a government
that carried on a four years' war against us,
—as the result of which this nation has had
to spend more than three thousand million
dollars, and as a consequence of which,
more than a quarter of a million of patriotic
heroes have laid down their lives upon the
battle field and in army hospitals,—are those
men to come here to legislate for the loyal
people of this country? Sir, States can
only be represented through State organiza
tions. The members of t his body can only
be ''Wed by State Legislatures. Members
of the other house can only be elected in
pursuance of State laws. Hence, as * pre
lum nary to any representation of a State in
either house of Congress, it must first be
determined whether there is a State govern
ment; whether there is a State Legislature
having authority to elect Senators,—having
authority to provide laws under which Rep
resentatives may be elected. There certain
ly was a time when there were no such leg
islatures in any of these eleven States:
there was a time when the only organized
government iri any of them was hostile to
the United States; when every officer in it
had abjured his allegiance to the United
States, and sworn allegiance to a govern
ment hostile thereto. Will anybody pre
tend that while the State Government was
in such hands, it was entitled to representa
tion in either house of Congress ? If not,
shall we not inquire whether it has passed
out of such hands, and into the hands of
loyal men ? And who but Congress is com
petent to make this inquiry ? Mr. Lincoln
in the last speech he ever made, alluding to
his plan of reconstruction, said "I distinctly
stated that this was not the only plan which
nfight possibly be acceptable; a nd also 1
distinctly protested that the Executive claim
ed no right to say when or ichether numbers
should he admitted to seats in Congress from
such States."
Sir, this proposition, that no bill is to be
passed because certain State,- are unrepre
sented, when it is their own fault that they
are unrepresented, would, if sanctioned and
acted upon, be utterly destructive of the
Government.
FOitKIGNERS, OItUTESE, GYPSIES.
But the President tells us that the bill, in
effect, proposes a discrimination against
large numbers of intelligent, worthy, and
patriotic foreigners, and in favor of the ne
gro. Is that true ? What is the bill? It
declares there shall be no distinction in civil
rights, between any other race, or color,
and the white race. It declares that there
shall be no different punishment inflicted
on a colored man, in consequence of his col
or, than that which is inflicted on a whit e
man for the same offence. Is that a discrimi
nation in favor of the negro, and against the
foreigner,—a bill, the oniy efi'ect of which
is to preserve equality of lights?
But perhaps it may be replied to this that
the bill proposes to mr.ke a citizen of every
person born in the United States ; and,
therefore, it discriminates in that respect
against the foreigner. .Not so; foreigners
arc all upon the same footing, whether
black or white. The white child, who is
born in the United States a citizen, is not
to he presumed at its birth to be the equal
intellectually with the worthy, intelligent,
and patriotic foreigner who emigrates to this
country, and, as is suggested by a senator
behind me, even the infant child of a for
eigner born in this land is a citizen of the
United States long before his father. Is
this, therefore, a discrimination against for
eigners?
The President also has an objection to the
making citizens of Chinese and Gypsies. I
am told that but few Chinese are born in
this country, and whore the Gypsies are
born I never knew. (Laughter). Like
Topsy, it is questionable whether they were
born at all, "but just come." (Laughter.)
But, sir, perhaps the best answer to this
objection, that the hill proposes to make
citizens of Chinese and Gypsies, and this
reference to foreigners, is to be found in a
speech delivered in this body by u Senator,
occupying, I think, the seat now occupied
across" the chamber by my friend from Ore
gon (Dir. Williams), less than six years ago,
in reply to message sent to this body by Mr.
Buchanan, the then President of the United
States, returning with lm objections what
was known as the Homestead Bill. On
that occasion, the Senator to whom I allude
said, "But this idea about poor foreigners,
somehow or other, bewilders and haunts the
imagination of a great many. I am con
strained to say that I look unon this objec
tion to the bill as a mere quibble 011 the part
of the President, and as being hard pressed
for some excuse in withholding his approval
of the measure ; and his allusion to foreign
ers in this connection looks to me more like
the ad captand-um of the mere politician or
demagogue than a grave and sound reason
to be offered by the President of the United
States in a veto message upon so important
a measure as the Homestead bill.'
Mr. Sumner and .Mr. Johnson —\\ ho was
the Senator ?
Mr. Trumbull—That was the language of
Senator Andrew Johnson, now President of
the United States. (Laughter.) That is
prokJbiy the best answer to this objection,
thon'.h f-houbl fomPy have ventured to
BEDFORD, Pa., FRIDAY, APRIL 97, 1866.
use such harsh language in reference to the
President as to accuse nim of quibbling, of
demagoguery, and of plajdng the mere pol
itician in rending a veto message to the Con
gress of the United States.
The President also makes some other al
lusions in this veto message of a similar
character. For instance, he speaks of the
impropriety of marriages between whites
ana blacks, and then be goes on to say, "I
do not say that this bill repeals State laws
on the subject of marriage between the two
races," Then for what purpose is it intro
duced into this message ? Not surely as an
ad captandum argument to excite prejudice,
—the argument of a demagogue and politi
cian. Mr. Johnson could not do that, hav
ing condemned such Quibbles in Mr. Buch
anan.
CIVIL ANI) POLITICAL RIGHTS.
The president further says, J If it he gran
ted that Congress can repeal all State laws
discriminating between whites and blacks in
the subjects covered by this hi'l why, it may
be asked, may not Congress repeal in the
same way all State laws discriminating be
tween the two races on the subjects of suf •
f rage and office? If Congress can declare by
law who shall hold lands, who shall testify,
who shall have capacity to make a contract
in a State, then Congress can by law also
declare who, without regard to color or race,
shall have the right to sit as a juror or as a
judge, to hold any office, and finally to vote
in every State and Territory of the United
States. '
Perhaps the best answer I could give to
tbis would be the answer of Andrew Johnson
himself, lie undertook to recognize S.tate
governments in the disloyal States. When
he did so to whom did he extend the right of
suffrage? To the blacks? No, sir; but he
extended the right of suffrage to those who
were authorized to vote under the lawe of
those States before the Rebellion: and,
when urged to allow loyal blacks to vote,
what was his auswei? That he had no pow
er; it was unconstitutional. But he has
claimed and exercised the power to protect
colored persons in their civil rights and if it
be true that protection in civil rights carries
with it the right of suffrage what becomes of
the position which he assumed when he ex
tended civil rights to the negroes, that he
had no constitutional power to extend to
them the right to vote,—that it was a right
vested in the State with which he could not
interfere? But, sir, the granting of civil
of rights does not, and never did, in
this country, carry with it political rights,
or, more properly speaking, political priv
ileges. A man may be a citizen in tbis coun
try without righ f vote or without a
right to hold office. The right vote and
to hold office inthe States depends upon .be
legislation of the various States. The right
to hold certain offices under the Federal
Government depends upon the Constitution
of the United States. [Mr. T. then intro
duced several quotations from Blaekstone,
Kent, and others, shown what are meant by
civil rights, j
"The equality of rights is the basis of the
commonwealth," is said in a note to Kent;
and Kent himself, in speaking of these rights
says, "The absolute rights of individuals
may be resolved into the right of personal
security, the right of personal liberty, and
the right to acquire and enjoy property.
These rights have been justly considered
and frequently declared by the people of this
country to be natural, inherent, and inaliena
ble."
The President, in his Annual Message,
says, "The American system rests on the
assertion of the equal rights of every man to
life, liberty, and the pursuit of happiness. "
How is it that every person born in these
United States owes allegiance to the govern
ment? Every thing that he is or has —his
property and his life —may be taken by the
Government of the United States, in its de
fence or to maintain the honor of the nation;
and can it be that our ancestors struggled
through along war, and set up this Govern
ment, and that the people of our day have
struggled through another war, with all its
sacrifices and all its desolation, to maintain
it; and at last that we have got a government
which is all powerful to command the obe
dience of the citizcu, but has no power to
afford him protection? Is that all that this
boasted American citizenship amounts to?
Go tell it, sir, to the father whose son was
starved at Andersonville; or the widow
whose husband was slain at Mission Ridge;
or the little boy who leads his sightless lath
er through the streets of your city, made
blind by the winds and sand of the Southern
coast; or the thousand other mangled heroes
to be seen on every side that this Govern
ment, in defence of which the son and the
husband fell, the father lost his eyes, and
the others were crippled, had the right to
call these persons to its defence, but has no
right to protect the survivors or their friends
in any right whatever, in any of the States.
Sir, it cannot be. Such is not the meaning
of our Constitution. Such is not the mean
ing of American citizenship. This Govern
ment which would go to war to protect its
meanest —I will not say citizen—inhabitant,
if j'ou please, in any foreign land, whose
rights were unjustly encroached upon, has
certainly sonic power to protect its own citi
zens in their own country. Allegiance and
protection are reciprocal rights.
Judge TrumbuH proceeds to consider the
other sections of the bill, and in detail to
defend them, with great ability and logical
ncoteness, from the objections which Mr.
Johnson had brought against them. He de
rive;-- the materials of his defence in great
measu.e from the President himself, those
acting under his authority. Thus:—
' 'THE BILL UNNECESSARY.''
"But." says the president, "I do not ap
prehen d thai the couflicting legislation which
the bill seems to contemplate is so likely to
occur as to render it necessary at this time
to adopt a measure of such doubtful consti
tutionality." That statement makes it neces
sary that I should advert to the facte, and
show whether there is any likelihood ofsuch
conflicting legislation; and my testimony
comes from the President himself', or those
acting under his authority. [Mr. T. then
quotes statements in respect to laws in sev
eral States.] Now, sir, what becomes of this
declaration that there is no necessity for any
measure of this kind? Here are the laws of
Texas, of Mississippi, of Virginia, to which
I have referred; ana laws equally oppressive
exist in some of the other States. Is there
no necessity to protect a freedmao, when he
is liable to "be whipped if caught away from
home? No necessity to protect a freedraan
in his rights, when he is not permitted to
hold or Tease a piece of ground in a State?
No necessity to protect a freednmu inhis
rights; who will be reduced to a slavery worse
than that from which he has been emancipa
ted if a law is permitted to be carried into
effect? Sir, these orders emanate and this
information comes from officers acting by
Presidential authority; and yet the President
tells us there is no danger of conflicting
legislation.
lie says, "In the next place, this provi
sion of the bill seems to be unnecessary, as
adequate judicial remedies could be ldopted
to secure the desired end without invading
the immunities of legislators.' Lit us see
if they could. If adequate judicial means
could be provided without invading these
immunities, why, let me ask, did ne not
adopt them? [Mr. T. then quoted orders
issued the present year, by the President's
authority, by Generals Uanby in Louisiana,
Terry in Virginia and Sickles in North Caro
lina, directing thai. "Ail laws shall be ap
plicable alike to all the inhabitants;" No
person shall be held incompetent to sue,
make complaint, or testify because of color
or caste;" "To secure the same equal jus
tice and personal liberty to the freedmen as
to other inhabitants, no penalties or punish
ments different from those to which all oth
er persons are amenable, shall lie imposed
on freed people;" &c. j Why, sir, here are
the very provisions of this bill embodied in
military orders issued under Presidential
authority. And yet the President tells us
there is no necessity i'or this bill.
OBJECTIONS TO OTHER SECTIONS.
The President objects to the third section
of the bill, that it gives the district courts
exclusive jurisdiction of all crimes and offen
ces committed against the act. Well, sir,
that is no new ttiiDg. The United States
Courts have always had jurisdiction of
crimes and offences committed against the
United States laws. [Mr. T. then speaks
of the President's objections to the fourth,
fifth, sixth, and seventh sections.] But, sir
all these provisions of the bill are copied
from the statute of 1850, known as the
"Fugitive Slave Act," for which Andrew
Johnson voted. [Mr. T. stated that that
act had been repeatedly beld by the courts
to be constitutional'; and that its machinery,
which had become infamous when used for
keeping human beings in bondage, might be
as properly and honorably used for securing
their liberty, as a loyal soldier might use a,
weapon wrested from rebel hands. He then
stated that the eigth and ninth sections had
been copied verbatim, et literatim from a
statute enacted March 10,1838, and approv
ed by Martin Van Buren. The remainder
of the speech wc give in full.]
HISTORY OF THE BILL.
Mr. President, —I have now gone through
this veto message, replying with what pa
tience I eould command to its various objec
tions to the bill. Would that I could stop
here, that there was no occasion to go farth
er ; but justice to myself; justice to the
State whose Representative 1 am ; justice
to the people of the whole country, in legis
lation for whose behalf I am called to par
ticipate ; justice to the Constitution I am
sworn to support; justice to the rights of
American citizenship it secures, and to hu
man liberty, now imperiled,—requires me
to go farther. Gladly would I refrain from
speaking of the spirit of this message; of
jhe dangerous doctrines it promulgates ; of
the mcoitc'stcncies and contradictious of its
author; of his encroachments upon the. Con
stitutional rights of Congress ; of his as
sumption of uHicarranlcd powers, which, if
persevered in. and not cheeked by the peo
ple, must eventually lead to a subversion of
the Government and the destruction of lib
erty.
Cougress, in the passage of the bill under
reconsideration, sought no controversy with
the President; so far from it, the bill was
proposed with a view to carry out what were
suppos d to be. the views of the President,
and was submitted to him before its intro
duction into the Senate. lam not about to
relate private declarations of the President;
but it is right that the American people
should know that the controversy which ex
ists between him and Congress in reference
to this measure is of his own seeking. Soon
after Congress met, it became apparent that
there was a difference of opionion between
the President and some members of Con
gress in regard to the condition of the rebel
lious States and the rights to be secured to
freedmen..
The President, in his annual message,
had denied the Constitutional power of the
General Government to extend the elective
franchise to negroes: but he was equally
decided in the assertion of the right of 'eve
ry man to life, liberty, and the pursuit of
happiness. This was his language: "But
while I have no doubt that now, after the
close of the war, it is not competent for the
General Government to extend the elective
franchise in the several States, it is equally
clear that good faith requires the security
of the freedmen in their liberty and their
property." There were some members of
Congress who expressed the opinion, that,
in the reorganization of the rebellious
States, the right of suffrage should be ex
tended to the colored man, though this was
not the prevailing sentiment of Congress.
All were anxious for a reorganization of the
rebellious States, and their admission to full
participation in the Federal Government, as
soon as these relations could be restored with
safety to all concerned.
Feeling the importance of harmonious
tion between the different departments of
the Government, and an axious desire to
sustain the President, for whom I had al
ways entertained the highest respect, I
had frequent interviews with him during the
early part of the session. M ithout mention
ing any thing said by him, I may with pro
priety state, that, acting from the consider
ations 1 have stated, and believing that the
passage of a law by Congress, securing
equality in civil rights when denied by State
authorities to freedmen and all other inhab
itants of the United States would do much
to relieve anxity in the North, to induce the
Southern States to secure these rights by
their own action, and thereby remove many
of the obstacles to an early reconstruction,
1 prepared the bill substantially as it is now
returned with the President's objections.
After the bill was introduced and printed, a
copy was furnished him; and, at a subse
quent period, when it was reported that he
was hesitating about signing the Frecdmen's
Bureau Bill, lie was informed of the condi
tion of the Civil Rights Bill, then pending
in the House, and a hope expressed that if
he had objections to any of its provisions he
would make thcin known to its friends, that
they might be remedied, if not destructive
of the measure; that there was believed to
be no disposition on the part of Congress
and certainly none on my part, to have bills
presented to him which he could not ap
prove. He never indicated to me, nor, so
tar as 1 know, to any of his friends, the
least objection to any of the provisions of
the bill after its passage. The bill wasr fram
ed, as was supposed, in entire harmony with
his views, anu certainly in harmony with
what he was then, and has since been doing
in protecting freedmen in their civil rights
all through the rebellious States, it was
strictly limited to the protection of the civil
rights belonging to every freeman, the birth
right of every American citizen, and care
fully avoided conferring or interfering with
political rights or privileges of any kind.
THE PRESIDENT'S INCONSISTENCY.
The bill neither eenfers nor abridges the
right of anyone, but simply declares, that,
in civil right, there shall be an equality a
mong all classes of citizens, and that all
alike shall be subject to the same punish
ment. Each State; so it does not abridge
the great fundamental rights belonging un
der the Constitution to all citizens: may
VOLUME 39; NO 17.
grant or withhold such civil rights as it
pleases. All that is required is that in this
respect its laws shall be impartial. And yet
this is the bill now returned with the Presi
dent's objections, and such objections! What
are they? That "in all our history, in all our
experience as a people living under Federal
an J State laws, no such system as that con
templated by the details of this bill has ever
before proposed or adopted." Havel not
already shown in the action of the President
himself; through (Jen. Sickles, declaring
that all laws shall be applicable alike to all
inhabitants, and in various acts of Congress,
a precedent for every provision of this bill?
"The details of the bill,'' says the Presi- |
dent, "establish for the security of the color
ed race safeguards which go infinitely beyond
any that the General Government has ever
provided for the white race." With, what
truth this can be said of the bill which de
clares that the civil rights, and the punish
ment ol all races, including of course the
colored, shall be the same as those of white
persons, let an intelligent public judge.
' "lhey [the details], says the President,
"interfere with the municipal legislation of
the States, with the relations existing exclu
sively between a State and its citizens, or be
tween the inhabitants of the same State, —an
absorption and assumption of power by the
General Government, which, if acquiesced
in, must sap and destroy our federative sys
tem of limited powers, and break down the
barriers which preserve the rights of the
States. It is another step, or rather stride,
toward centralization, and the concentration
of all legislative powers in the National Gov-
All this is said by a President
who, by his own fiat, issued through General
Howard, set aside an act of the Legislature
oi Mississippi, and, by another order, through.
General Terry, an act of the Virginia Legis-*
lature, and forbade any magistrate or civil
officer from attempting to execute it; who,
through General Canby, ordered the State
Courts in his department to suspend all suits
against persons charged with offences lor
which white persons were not punished; and
we all know the penalty which would have
been visited upon State judges or officials for
violations of any of these orders; a President,
who, alter vetoing a provision of the Freed
inen s Bureau bill, because it secured the oc
cupancy of land under Major-Gen. Sherman's
order, for the limited period ef three years,
himself issued an order within less than thir
ty days afterward, through H. W, Smith,
Asst. Adjt. General, declaring that grants of
land to the freed people, in cempliance with
General Sherman's special field order No.
15, dated Jan. 16, 1865, will be regarded as
good and valid.
Well may we exclaim, in view of these acts
of the President, in his own language, when
discussing a veto of President Buchanan:
"Oh, consistency! Thou art a jewel much to
be admired, but rarely to be found." In view
of these facts, who is it that is breaking down
the barriers of the States, and making strides
towards centralization? Is it Congress by the
passage of this bill, or the Presideut, who,
without law, is arrogating to himself far
greater powers than any conferred by this
bill? Let it not be said that the President
exercises these vast powers by virtue of the
war power. He told us in his annual mes
sage that the war was over; and whether over
-or not, no incidental powers are vested by
the Constitution in the President—either as
President, or Commander-in-Chief of the ar
my. That instrument gives Congress power
to make all laws necessary and proper for
carrying into execution all powers vested by
the Constitution in the Government of the
United States, or in any department or offi
cer thereof. The President is required, in
carrying out his powers, to act in obedience'
to Inc, the very thingwhich he refuses to do.
He says, "The tendency of this bill must
be to resuscitate the spirit of the rebellion."
What assumption in one icho denies the au
thority to punish those who violate United ,
States laws under color of Slate authority!
a doctrine from which the Rebellion sprang,
and in entire harmony with the declaration of
Mr. Buchanan that there was no power to
coerce a State. But, sir, out of the mouth of
Senator Andrew Johnson I will prove that
President Andrew Johnston has violated the
spirit of the Constitution, if not its letter, in
vetoing this bill. It will be remembered that
the bill passed both Houses of Congress by
more than a two-thirds majority,—the vote
in the Senate being yeas 3:5, nays 12; and in
the House,yeas 111, nays 38.
I will read from the remarks of Senator
Andrew Johnson on the veto of the Home
stead bill by Mr. Buchanan. "The Presi
deut of the United States presumes—yes, sir,
I say presumes—to dictate to the American
people and to the two Houses of Congress, in
violation of the spirit, if not the letter, of the
Constitution, that this measure shall not be
come a law. Why do I say this? 1 ask, is
there any difference in the spirit of the Con
stitution whether a measure is sanctioned by
a two-thirds vote before its passage or after
wards? When a measure has been vetoed by
the President, the Constitution requires that
it shall be reconsidered, and passed by a
two thirds vote in order to become a law.
But here in the teeth of the Executive, there
was a two-thirds vote in lavor of this bill.
'1 he vote was 36 to 2 in this body. The two
Houses have said this bill is constitutional
and right.
"In the other House, reflecting the popu
lar sentiment of the nation, the vote was 112
to 51; ten more than two-thirds majority
which the Constitution requires; and, when
there is a two-thirds vote for a measure. I
say it is against the spirit of the Constitution
for the Executive to say, "No, you shall not
have this measure; 1 will take all the chances
of vetoing it." Apply this language to the
facts connected with this bill and then say
who has violated the spirit of the Constitu
tion.
TIIK AMENDMENT OTHERWISE A CHEAT.
This bill in no manner interferes with the
municipal regulations of a State which pro
tects all alike in their rights of person and
property. It could have no operation in Mass
achusetts, New York, Illinois, or most of the
States of the Union. How preposterous
then, to charge, that, unless some State can
have and exercise the right to punish some
body, or to deny somebody a civil right, on
account of his color, its lights as a State will
be destroyed. It is manifest, that, unless this
bill can "be passed, nothing can be done to
protect the i'medmen in their liberty and
their rights, whatever may have been the
opinion of the President at one time as to
"good faith requiring the security of thefreed
men in their liberty and their property." It
is now manifest from the character of his ob
jections to this bill that he will approve no
measure that will accomplish the object. [That
the second clause of the constitutional
amendment gives this pawer there can be no
question. Some have coutended that it gives
the power even to confer the right of suffrage.
I have not thought so, because I have never
thought suffrage any more necessary to the
liberty of a freedman than of a non-voting
white, whether child or female; but his liber
ty under the Constitution he is entitled to;
and whatever is necessary to secure it to him
he is entitled to have, be it the ballot or the
bayonet. If the bill now before us—and
which goes no farther than to secure civil
rights to the freedmcn —cannot be passed,
then the Canstitutional amendment proclaim
ing freedom to all the inhabitants of the laud
is a cheat and a delusion.
I cannot better conclude what i have to say
than in the language of Mr. Johnson on the
occasion of the veto of the Homestead Bill,
when, after staling the fact that the President
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was inconsistent, and changed his opinion
with reference to a great measure and a great
principle, is no reason why a Senator or Rep
resentative who had acted understandingly
should change his opinion, he said, "I hope
the Senate and House of Representatives,
who have sanctioned this bill by a more thaa
a two-thirds majority, wiil, according to the
Constitution, exercise their privilege and
power, and let the bill become a law of the
land, according to the high behest of the
American people."
Gen. Grant was arrested and fined for fast
driving in the streets of Washington last
week.
A Bill has bf en introduced in into Senate
to provide for the National defence by estab
lishing a uniform volunteer militia through
out the Unite! States.
Secretary Stanton left Washington on
Wednesday morning oa a visit to his moth
er, and returned next day. The efforts for
his removal on the part of Rebels and Cop
perheads are unceasing, but it is not likely
that they will be successful.
A Resolution prohibiting the sale of spir
itous liquors in the Capitol building passed
the Senate on Wednesday by a vote of yeas
.33, nays 2 —Messrs. Davisj of Kentucky,
and McDougal of California voting in the
negative.
A bill has been introduced into the Ohio
Legislature to prevent conductors on street
railways from collecting fares excepting from
such passengers as are provided with seats.
The object of the proposed law is, of course,
to prevent the overcrowding of cars.
On the recommendation of Postmaster
General Dennison the President has nomina
eed Joseph S. Knipe, Postmaster of Harris
burg. Pa., vice George Bergner removed,
and sent his appointment to the Senate for
confirmation.
The Reconstruction Committee are still
considering a plan for restoration and the
Constitutional Amendment in regard to
representation, which is said to meet with
great favor among the varied political ele
ments of that party.
The House Committee on Commerce were
instructed to-day to see what legislation is
necessary to prevent the introduction of
cholera into this country. The committee
will probably report a bill prohibiting over
crowded emigrant vessels from landing.
ONLY TWENTY-SIX DAYS FROM JAPAN,
—A gentleman in Boston has received a
telegraphic dispatch, via San Francisco,
from Japan, which was only twenty-six days
coming. This is believed to be the quickest
time yet made.
A cony of the resolutions passed by the
Pennsylvania Legislature, asking Edgar
Cowan to resign the U. S. Scnatorship,
was ordered by a subsequent resolution of
the Legislature to be sent to the President
i of the United States and to each Senator
l and Representative in Congress.
THE COTTON CROP.— Mr. De Bow, pub
lisher of the Southern Review bearing his
name has testified before the reconstruction
committee, and stated his conviction that
the cotton crop of the South this year will
not exceed 1,500,000 bales, and that the old
stock of cotton is substantially exhausted.
Owen's Lake, among the Sierra Nevadas,
in California, is a natural (an pit; its waters
are so strong of borax, alum, alkalis Ac,that
one craught will poison a man, and one im
mersion clean a dog of his hair; and Indians
seeking refuge in it from white men's bullets
find a sharp and sure watery grave.
Gov. Hamilton, of Texas, declines to be a
candidate for the office he now fills by mili
tary appointment. His main reason is tlmt
he is poor and without a home, and cannot
afford to spare four years of his life in offi
cial duties, while his family arc in urgent
need of his labor.
It is also understood that the President
has appointed ex-Governor Johnston, of
Pennsylvania, Collector of Internal Revenue
at Pittsburgh, though the nomination has
not yet been sent to the Senate. It is inti
mated that there will be other changes in
the Pittsburgh offices.
WAR IN EURO RE. —There are threatcn
ings of a war between Austria and Prussia.
At last accounts each power • was moving
troops rapidly to ts frontier, and we may
expect to hear by every arrival that hostili
ties have coximcnced. The strife is for the
possession of the Sehleswig-Holstein Duch
ies.
A NEW Constitutional amendment on the
subject of representation is to be brought
before Congress at an early day for which
it is believed a two-thirds vote can be had
in both Houses. It denies representation
to that portion of the people when males
over 21 years of age are denied the right of
suffrage, except for crime or participation
in Rebellion.
Two bills to equalize the distribution of
National currency are pending before tho
Senate Finance Committee. Both are look
ing to the same end, though one, introdu
ced by Senator Fessenden, proposes to in
crease the national banking capital $15,000-
000, so as to fill the pro rota to which some
States and Territories aie entitled.
Loyal Republicans are arriving atjVash
ington daily from the South, who strongly
oppose any modification of the test oath
looking to the admission to Congress of men
who were identified with the late Rebellion,
but, on the contrary, desire its provisions
to be made still more stringent, and assert
that in their opinion the Radicals arc the
truest and best friends of the Southern peo
ple.
SECRETARY STANTON lately wrote to Gov
ernosßrownlow requesting that those rebels
under indictment by the civil Courts <>f
Tennessee should be left to the disposal of
the military authorities, as they had been
paroled. Governor Brownlpw replied, sta
ting, among other things, that he had no
right to interfere with the State Courts,
and for various reasons declined granting
the Secretary's request.
IMMENSE IMMIGRATION. —The immigra
tion returns show that 15,010 emigauts land
ed at New York during the month of March,
a number, 1,105, in excess of the same time
in 1864, wnen there was considered an im
mense immigration, and 8,839 more than
arrived last year, in March. The total for
the three months of this year is 32,469; for
the same time last year it was 13,956, and
lor 1864, 25,475.
The Case op the Savannah (Ga.) Na
tional Rffcbijcan.-— Many of the Sena
tor- an 1 Representatives have heard cf tho
extra--udinkry proceeding, returning to the
former rebel owners the Savannah National
Republican , and depriving its able, tearless
and loyal editor, Mr. Hayes, of the fruits of
His patriotism and industry. Tins is, if pos
sible, the very worst specimen of Andrew
Johnson's idea of restoring the Union.
"My policy" has never had so capital au in
terpretation as this. — in*/*. Cor. P/ula.
Press.