The Sun.
London, England, 1866-12-17 00:00:00

INCONSISTENCY OF CONGRESS.

It is true, it has been assumed that the existence
of the States was terminated by the rebellious acts
of their inhabitants, and that the insurrection hav-
ing been suppressed they were thenceforward to
be considered merely as conquered territories. The
Legislative, Executive, and Judicial Departments
of the Government have, however, with great dis-
tinctness and uniform consistency, refused to sanc-
tion an assumption so incompatible with the na-
ture of our republican system, and with the pro-
fessed objects of the war. Throughout the recent
legislation of Congress, the undeniable fact makes
itself apparent that these ten political communi-
ties are nothing less than States of the Union. At
the very commencement of the rebellion, each
House declared, with a unanimity as remarkable
as it was significant, that the war was not " waged,
upon our part, in any spirit of opposition, nor for
any purpose of conquest or subjugation, nor pur-
pose of overthrowing or interfering with the rights
or established institutions of those States, but to
defend and maintain the supremacy of the
Constitution and all laws made in pursuance
thereof, and to preserve the Union with all the dig-
nity, equality, and rights'of the several States un-
impaired ; and that as soon as these objects were
accomplished the war ought to cease." In some in-
stances senators were permitted to continue their
legislative functions, while in other instances repre-
sentatives were, elected and admitted to their seats
after their States had formally declared their right
to withdraw from the Union, and were endeavour-
ing to maintain that right by force of arms. All of
the States whose people were in insurrection, as
States, were included in the apportionment of the
direct tax of twenty millions of dollars annually
laid upon the United States by the act approved
sth August, 1861. Congress, by the act of March 4,
1852, and by the apportionment of representation
thereunder, also recognised their presence as states
in the Union ; and they have, for judicial purposes,
been divided into districts, as States alone can be
divided. The same recognition appears in the re-
cent legislation in reference to Tennessee, which

evidently rests upon the facts that the functions of
the State were not destroyed by the rebellion, but
merely suspended ; and that principle is of course
applicable to States which, like Tennessee, attempted
to renounce their places in the Union.
The action of the Executive Department of the
Government upon this subject has been equally de-
finite and uniform, and the purpose of the war
was specifically stated in the proclamation issued
by my predecessor on the 22d day of September,
1862. It was then solemnly proclaimed and de-
clared that " hereafter, as heretofore, the war will
be prosecuted for the object of practically restoring
the constitutional relation between the United States
and each of the States and the people thereof, in
which States that relation is or may be suspended
or disturbed." The recognition of the States by tie
Judicial Department of the Government has also
been clear and conclusive in all proceedings affect-
ing them as States, had in the Supreme, Circuit,
and District Court.
THE PRESIDENT FIRM IN HIS POSITION.

, In the admission of senators and representatives
from any and all of the States there can be no just
ground of apprehension that persons who are dis-
loyal will be clothed with the powers of legislation,
for this could not happen when the Constitution and
the laws are enforced by a vigilant and faithful
Congress. Each house is made the " judge of the
elections, returns, and qualifications of its own
members," and may, " with the concurrence of
two-thirds expel a member." When a senator or
representative presents his certificate of election, he
may at once be admitted or rejected ; or, should
there be any question as to his eligibility, his cre-
dentials may be referred for investigation to the
appropriate committee. If admitted to a seat, it
must be upon evidence satisfactory to the house of
' which he thus becomes a member, that he possesses
the requisite constitutional and legal qualifications.
If refused admission as a member for want of due
allegiance to the Government, and returned to his
constituents, they are admonished that none but
persons loyal to the United States will be allowed
a voice in the Legislative Councils of the nation, and
the political power and moral influence of Congress
are thus effectively exerted in the interests of
loyalty to the Government and fidelity to the
Union. Upon this question, so vitally affecting
the restoration of the Union and permanency of
our present form of Government, my convictions,
heretofore expressed, have undergone no change ;
but, on the contrary, their correctness has been
confirmed by reflection and time. If the ad-
mission of loyal members to seats in the respec-
tive Houses of Congress was wise and expe-
dient a year ago, it is no less wise and expedient
now. If this anomalous condition is right now—
if in the exact condition of these States at the pre-
sent time it is lawful to exclude them from repre-
sentation, I do not see that the question will be
changed by the efflux of time. Ten years hence, if
these States remain as they are, the right of repre-
sentation will be no stronger—the right of exclusion
will be no weaker.

RESTORATION A NECESSITY. - REASONS FOR DIME.

DIATE REUNION.
The Constitution of the United States makes it
the duty of the President to recommend to the con-
sideration of Congress " such measures as he shall
judge necessary or expedient." I know of no mea-
! sure more imperatively demanded by every consi-
deration of national interest, sound policy, and equal
justice than the admission of loyal members from
the now unrepresented States. This would con-
summate the work of restoration, and exert a most
salutary influence in the re-establishment of peace,
harmony, and fraternal feeling. It would tend
greatly to renew the confidence of the American
people in the vigor and stability of their institutions.
It would bind us more closely together as a nation,
and enable us to show to the ivorid the interest and
recuperative power of a Government founded upon
the will of the people, and established upon the
principles of liberty, justice, and intelligence.
Our increased strength and enhanced prosperity
wouldirrefragably demonstrate the fallacy of the ar-
guments against free institutions drawn from our
recent national disorders by the enemies of Repub-
lican government. The admission of loyal mem-
bers from the States now excluded from Congress,
by allaying doubt and apprehension, would turn
capital now awaiting a❑ opportunity for invest-
ment into the channels of trade and industry. It
would alleviate the present troubled condition of
those States, and, by inducing emigration, aid in the
settlement of fertile regions now uncultivated, and
lead to an increased production of those staples
which have added so greatly to the wealth of the
nation and the commerce of the world. New fields
of enterprise would be opened to our progressive
people, and soon the devastations of war would be
repaired, and all traces of our domestic differences
effaced from the minds of our countrymen.

DANGER OF CONSOLIDATION.-ABSOLUTE DESPOTISM

A PPREII ENDED.

In our efforts to preserve " the unity of govern-
ment which constitutes us one people," by restoring
the States to the condition which they held prior to
the rebellion, we should be cautious, lest, having,
rescued our nation from perils of threatened disin-
tegration, we resort to consolidation, and in the end
absolute despotism, as a remedy for the recurrence
of similar troubles. The war having terminated,
and with it all occasion for the exercise of powers of
doubtful constitutionality, we should hasten to
bring legislation within the boundaries prescribed by
the Constitution, and to return to the ancient land-
marks established by our fathers for the guidance of
succeeding generations. " The Constitution which
at any time exists, until changed by an explicit and
atdhelt
itiipcaoent of the whole people, is sacredly obli-
gatoryall." " If, in the opinion of the
1 people, the
he distribution or modification of the con-
stitutional
t be powerscorrectedby bea,nin any particular, wrong, let
i
a
which the Constitution designates. But
ißnutthleetway in
there
be no change by 0
usurpation; for" " it is the cus-
tomary weapon
by which free Governments are
destroyed." Washington spoke these words to his
countrymen, when, followed by their love and
gratitude, he voluntarily
keep in
ntarilyretireadllfrorn thingswe withintrhe cares of
public life-
pale of our constitutional powers and cherish the Fede-
eresce thed
Fede-
ral Union as the only rock of safety,,, p rib
by Jefferson as rules of action to endear to his "coun-
trymen the true principles of their Constitution,
and promote a union sentiment and action equally
auspicious to their happiness and safety." Jackson
held that the action cf the General Government
should always be strictly confined to the sphere of
its appropriate duties, and justly and forcibly urged
that our Government is not to be maintained nor
our Union preserved " by invasions of the rights and
powers of the several States. In thus attempting to
make our General Government strong, we make it
weak. Its true strength consists in leaving indivi-
duals and States as much as possible tothbeumtseinlveists;
in making itself felt, not in its power,
beneficence ; not in its control, but in its protection ;
not in binding the States more closely to the centre ;
but leaving each to move unobstructed in its consti-
tutional orbit." These are the teachings of men
whose deeds and services have made them illustrious,
and who, long since withdrawn from the scenes of
life, have left to their country the rich legacy of
their example, their wisdom, and their patriotism.
Drawing fresh inspiration from their lessons, let us
emulate them in love of country and respect for the
Constitution and the laws.