Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1864-06-07
Mr.. Summers Resolution,

a matter Of controversy, not only between those
generally supporting the Administration and
their opponents, but between the warmest advo-
Gates Of the war and of all proper measures forthe
suppression Of the rebellion. We have already
noticed that the question has arisen 10 Congress
upon the application of persons from Arkansas
for a seat in the United States Senate. 1t is now
thought thatthe Senate will refuse the application
Of Messrs Fishback and Baxter from Arkansas,
and that their action in this case will be followed
by similar action in the Senate and House when |
persons claiming to be Senators and Representa-
tiyes from other seeded States shall present them
selves for admission. And it was in immediate
connection with the presentation Of the creden-
tals Of Mr.. Fishback that Senator Sumner offer
ed the following resolution:
ResOiped, That a State pretending to secede
from the Union, and battling against the National
Government to maintain It's position, must be
regarded as rebel State, subject to military oc-
cupatIon and without representation on this
floor, until it has been re-admitted by a vote of
both Houses.
We notice that some republican papers are as
sailing this resolution admitting practically that
the rebel States have 10 fact gone out OF the old
Union and the phraseology Of the resolution
renders it obnoxious 10 this criticism. But so
far as the resolution affirms il to be the duty Of
both Houses of Congress to declare the status OF
the States which have passed ordinances of seces-
sion and waged war against the Government, the
resolution seems to be not only wise but neces-
sary
Take the State Of Arkansas, for instance That
State has attempted to secede from the Federal
Union. Its State organization, so far as it could
do so, has separated from the Government at
Washington, and allied itself to the rebellion ut
Richmond. There is but q small porto Of the
State now held by Union men, and they only &C
cupy It by the strength Of Federal army
Technically the State is not out OF the Union (;
that Is, the territory and people Of the State are
still within the jurisdiction Of the United States
Government, and amenable to its laws. But it
had, until recently, no loyal State organization,
and therefore it did not exercise the functions Of
a State in the Union. The majority Of he voters
OF the State were rebels, and so far as it had any
State organization, il was not recognized at
Washington either by the President or by Con-
gress. Since then, however, a fraction Of the
people Of the State have organized themselves
into government, call themselves the State
Of Arkansas, and ask for two seats in the United
States Senate. Aud the question presented by
Mr.. Summers resolution, apart from the merely
verbal criticism upon it, is not, Shall the Govern
ment be recognized and the Senators admitted
but it is Who shall determine whether the or
eaninaton is entitled to recognition as the Stat,
Of Arkansas
1t is very clear III the Presden, has no au
thorily or right to settle this question. 1t is nc
part Of his official functions to recognize State
government as existing, or declare il out Of ex
stence He is simply the Executive, and it /.
bis duty to see that the idlrs are executed, and 10
perform any other duty imposed upon him by the
Constitution. As COMMANDMENTS Chief he may
undoubtedly recognize this or that person as gov
ernor Of Arkansas, but his action in the premise.
binds nobody but HIMSELF il makes no man
govern OIL lie may possibly legally appoint a
military governor as a military necessity, but
when he does SO, he creates only military off
Ger and il he sees fit to bound his district by
State lines, he is at liberty to do so and he would
be equally at liberty to include two States undel
one governor, as he does frequently include two
States or more in one military department.
But the Constitution does give Congress certain
., rights 10 regard to States The first part o
Sec s. Ant. 1, Of the Constitution is as follows
e New States may be admitted by Congress, int,
this Union but no new State shall be formed OIL
= erected within the jurisdiction oCany other State
II nor any State be formed BY the junction Of two
e or more States or parts Of States, without The
= consent Of the legislatures Of the States concern
ed, as well as Of tie Congress,
d Each House Of Congress has also the sole con
}, stitulional right to Judge Of the qualifications o
:. all persons who claim seats in their RESPECTIVE,
e Houses
4. From these provisions Of the Constitution it il
a pretty plain that the trainers Of that instrumen
It intended to leave questions respecting the exist
a enoe of State in the Union, to be decided b,
IS Congress, if by anybody and iDasmuch as Con
II gres, is the Judge Of the credentials and qualf
cations Of members, it must also have the righ
n TO 60 behind the credentials and ascertain. wheh
P, er there is any State to be represented, or any
|. valid State organization to be entitled to repre-
/, sentatop.
But if each House decided this question for il
is sell it might lead TO confusion the Senate, fol
r, example, admitting applicants, and the House ex
GLIDING others from the same Stae and therefore
). SO far rs the question Of State organization il
Il concerned, ii is eminently desirable that the two
Ii Houses should agree upon some uniform practice
!. II the language Of Mr.. Summers resolution i,
" objectionable it can be easily modified but thai
!. portion Of it which declares substantially thai
II persons claiming seats as Senators or Representa-
tives from the nsurgent districts, ought not to be
y admitted to Congress, except after the concurrent
l. action of the two Houses recognizing the exist
J. ence Of loyal State organizations ought to, and
we trust will receive the sanction of the Ssna,,
o and House.
J.. SECOND DIBrRcT, We cannot refrain from
expressing qualification ct the unanimous nom.
IL