The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1864-08-19
government under which they are appoint

S0CU8ulz0U Oy tho prOp0Et OOueusuISOua
authority, and its decision is binding on
every other department of the govern
ment, and could not be questioned in q
judicial tribunal. It is true that the con-
test in this case did not last long enough
to bring the matter to this Issue; and, as
no Senators or Representatives were elect
ed under the authority of the government
of which Mr.. Dorr was the head, Congress
was not called upon to decide the contro-
versy. Yet the right to decide is placed
there" ...., s..
Even the Presidents proclamation, of
the 9Th of December, formally declares
that " Whether members sent to Congress
from any State shall be admitted to seats,
constitutionally rests exclusively with the
respective houses, and not. to any extent
with the Executive"
And that Is not the less true because
wholly inconsistent with the Presidents
assumption in that proclamation of right
to institute and recognize State govern
ments in the rebel States, nor because the
President is unable to perceive that his
recognition is nullity if it be not conclu-
sive in Congress. at e"' h-..ao-.
Under the constitution the right to Sem
ators and Representatives is inseparble
from State government. ..-. a. b. d
If there be State government, the
right is absolute. po4+.# I-4 .
If there be no State government, there
can be no Senators or Representatives,
chosen. .." .ii" 80 ..t.l.sasm -
The two houses OF Congress are ex-
pressly declared to be the sole judges of
their members. ... e. ...- .,..ti. ..
When, therefore, Senators and Repre-.
sentatives are admitted. the State govern
ment, under whose authority they were
chosen, is oonclusively established, when
they are rejected, its existence is as con-
clusively rejected and denied. And to
this Judgment the President is bound to
submit. as... ..
The President proceeds to express his
unwillingness "to declare a constitutional
competency in Congress to abolish slavery
in States" as another reason for not sign
ing the bill.
But tho bill nowhere proposes to estab-
lish slavery in States.
The bill did provide that all slaves in
the rebel States should be manumitted.
But as the President had already signed
three bills manumitting several classes of
slaves in States, it is not conceived pos
sible that he entertained any scruples
touching that provision of the bill respect
ing which he is silent.
He had already himself assumed a right
by proclamation to free much the larger
number of slaves in the rebel States, un-
der the authority given him by Congress
to use military power to suppress the re-
belliOn and it is quite uncomfortable the
President should think Congress could
vest in him discretion it could not exer-
else itself.
1t is the more unintelligible from the
fact that, except in respect to small part
of Virginia aud Louisiana, the bill only CO.
vered what the proclamation covered
added congressional title and judicial
remedies by law to the disputed title I'M
der the proclamation, and perfected the
work the President professed to be so
anxious to accomplish. n.
Slavery as an institution can be abolish
ed by change of the Constitution of the
United States or of the law of the State,
and this is the principle ofthe BILL
1t required the new Constitution of the
State 10 provide for that prohibition and
the President. in the face of his own
proclamation, does not venture to object
to insisting on that condition. Nor will
the country tolerate his abandonment
yet he defeated the very provision impos-
ing it! .....-.
But when he describes himself, in spite
of this great blow at emancipation, as
" sincerely hoping and expecting that a
constitutional amendment abolishing slav-
cry throughout the nation may be adopt
ed" we curiously inquire on what bis ex-
pectation rests, after the vote of the House
of Representatives at the recent session,
and in the face of the political complexion
of more than enough of the States to pre-
vent the possibility Of its adoption within
any reasonable time and why he did not
indulge his sincere hopes with so large an
instalment of the blessing as his approval
of the bill would have secured.
After this assignment Of bis reasons for
preventing the bill from becoming law,
the President proceeds to declare his pur-
pose to execute it as law by his plenary
dictatorial power.
He says
Nevertheless l am fully satisfied with the
system for restoration contained in the bill as
the very proper plan far the loyal people of
any State choosing to adopt it and that am,
and at oil times shall Ie prepared to give the
executive aid and assistance to any such PEG.
pie, as soon as the military resistance to the
United States shall have been suppressed in
any such State and the people thereof shall
have sufficiently returned to their obedience to
the constitution and laws of the United States,
in which cases military governors will be ap-
pointed, with directions to proceed according
to the bill.
A more studied outrage on the legisla-
tive authority of the people has never been
perpetrated.
Congress passed q bill; the President
refused to approve it, aud then by procla-
matioh puts as much of it in force as he
sees fit, and proposes to execute those
parts by officers unknown to the laws of
the United s. ates and not subject to the
confirmation of the Senate.
The bill directed the appointment of
provisional governors by and with the
consent 0f tho Coooto