North Branch democrat. [volume] (Tunkhannock, Pa.) 1854-1867, 1864-08-17

L.
the will Of Congress than his Government in
/ Louis lana and Arkansas. ......
The Judgment of Congress which the
| President defies was the exercise of an au-
thor,ty exclusively vested in Congress by
abe Constitution 20 dete mine what is the
established Government in State, and in
its own nature and by the highest judicial
authority binding on all other depart mcnts of
the Government. ....
The Supreme Court has formally declared
that under the fourth Sc stson of the fifth ar
ticle of the Constitutions; requiring the z. S..
10 guarantee to every State a republican form
of government, 1T ItSts With Congress to
decide what government is the established
one in a State - and when Senators and
Representatives of State are admitted iato
the councils OF a Union. the Authority of the
Government under which they are appoint
ed as we'll as its republican chara cter, is
recognized by the proper constitp lIonal au
thorlty, and its decision and is binding on
every other Department of the Government
and could not be questioned in judical tri-
| bunal. 1t is true that the Contest in this
case did not last long enough to bring the
mattel TO this issue and, as 10 Senatrrs or
| Kepres entatives were elected under the au
rhority of the government of which Mr..
Eorr the bead, Cong ress was not called upon
TO decide the controversy, Yet the rigIt to
decide is placed there"
Even the Presidents proclamation of the
8'n Of December, formally declares that
Whether memb,rs sent to Congress from
any State shall be admitted 20 seats, consti-
'ulioualy rests exsluslVely with the respect
We Houses, aud not to any extent with the
Execu i've"
And that is not the less true because
wholly inconsistent with the Presidenl's
assumption in that proclamation of right to
institute and recognjze State Governments
in the rebel States, nor because the Presi
dent is unab lie to perceive that his recogu-
Congress. ............ -....
| Uuder the Constitution, the ri sht to Seua
tors Representatives is inseperable from
State Government.
II there be State Government, the right
is absolute.
| If fthere be no State Government, there
can be no Senators or Representatives cho-
| sen.
The two Houses of Congress are expressly
declared to be the sole judges Of their own
| members
When, therefore, Senator'S and Represen-
| tatiVeS are admitted, the State Government,
under whose authority they were chosen, is
| couclusively established; when they are re-
jected, Its existence is exclusively rejected
and denied and to this Judgment the Presl
| dent is bound TO submit.
| The President proceeds to express his
unwllingness TO declare constitutional
competency in Congress to abolish slavery in
| States" as another reason for not signing the
! bill. a- yf .-
But the bril- nowhere proposes to abolish
slavery in the States. "a
The bill did provide that all slaves in the
| rebel States should be monumnled.
But as the President had already signed
three bills manumit ing several classes of
slaves in States, ii is not conceived possible |
hat he entertained any scrupIes touching
that provision of The bill respecting which he
is silent.
He had already himself assumed right by |
by proclamation to free much the larger |
number of slaves in the rebel States, under |
the authority given him by Congress TO use
military power to suppress the rebellion
aud it is quite inconcevable that the Presi- |
dent should think Congress could vest in uin |
discretion it could not exercise itself.
Its the more uninteligibIe from the fact |
that, except, in respect to a small part of
Virginia and Louisiana, the bill covered sonly |
what the proclamation coVered-added a |
Congressional title and judicial remedies
by law to the disputed title under the prcc-
lamation, and perfected the work the Presi-
dent professed TO be 50 anxious 20 accom.
rlish. FRS
Slavery as an instr tuition can be abolished !
only by a change Of the CONSTITUTION Of the
United States or Of the law of ;he States /
and this is the principle of the bill.
1t required the new Constitution of the
State to provide for that prohibition, and the
President, in the face Of his own proclamation
does not venture to object to inss ting on
that condition-yet he defeaed the only pro.
vision imposing it
But when he describes himself, in spite of
this great blow at emancipation, as "sincere-
" hopiog and expecting that a con stituti onal |
amendment abolishing slavery throughout
'he nation m ay be adopted" we curiously
inquire on what his expectations rest, after
the vote of the House Of Representatives, at
the recent session, and in the face of the po
Il