History of the Thirty-Ninth Congress of the United StatesBarnes, William Horatio
History
History of the Thirty-Ninth Congress of the United States
Barnes, William Horatio
United States -- Politics and government -- 1865-1869; United States. Congress (39th : 1865-1867)
"I have a word or two more to say. My honorable friend from Illinois,
as it seemed to me--his nature is impulsive, and perhaps he was
carried further than he intended--seemed to intimate that the
President of the United States had not acted sincerely in this matter;
that his usurpation was a clear one, and that he was to be censured
for that usurpation. What has he done? He has vetoed this bill. He had
a constitutional right to do so. Not only that; if he believed that
the effect of the bill would be that which he states in his Veto
Message, he was not only authorized but bound to veto it. His oath is
to 'preserve' as well as to 'protect and defend' the Constitution of
the United States; and believing, as he does, and in that opinion I
concur, that this bill assails the Constitution of the United States,
he would have been false to his plighted faith if he had not returned
it with his objections.
"He desires--and who does not?--that the Union shall be restored as it
originally existed. He has a policy which he thinks is best calculated
to effect it. He may be mistaken, but he is honest. Congress may
differ with him. I hope they will agree sooner or later, because I
believe, as I believe in my existence, that the condition in which the
country now is can not remain without producing troubles that may
shake our reputation, not only in our own eyes, but in the eyes of the
civilized world. Let the day come when we shall be again together, and
then, forgetting the past, hailing the present, and looking forward to
the future, we shall remember, if we remember the past at all, for the
exhibition of valor and gallantry displayed on both sides, and find in
it, when we become one, a guarantee that in the future no foreign
hostilities are to be dreaded, and that no civil discord need be
apprehended."
Mr. Trumbull said: "The opinion of Judge Curtis, from which the
Senator read, was the opinion of a dissenting judge, entitled to very
great credit on account of the learning and ability of that judge, but
it was not the opinion of the court, and an examination of the entire
opinion, which is very lengthy, would perhaps not sustain the precise
principles the Senator from Maryland laid down. But, sir, I have
another authority which I think of equal weight with that of Judge
Curtis--not pronounced in a judicial tribunal it is true, but by one
of the most eminent members of the bar in this nation; I may say by a
gentleman who stands at the head of the bar in America at this
time--an opinion pronounced, too, in the exercise of official duties;
and I propose to read a few sentences from that opinion, for it is to
be found reported in the Congressional Globe containing the
proceedings of this body less than ninety days ago. This is the
language:
Public-domain text, read in full here on John Shaqi.
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