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-
poseerthrowing or interfering with the rights
establishedorofv 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 di,
nity, equality, and 0
rightsss
n of the several States un-
impaired ; and that
soon
tonas these objects were
accomplished the war ought
cease." In some in-
stances senators were
permitted to continue their
legislative functions, while in other instances
their seats
repre-
sentativesst were elected and admitted to
the
after their States had formally declared their rights
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, 18G1. 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 Tennepee, 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
applicableto 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 the
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-