The evening Argus., 1865-09-26
Right of Congress to Reject Persons Re-
turned to II as Members

turned to IL a Members.
We are little surprised that such a paper
as the Springfield Mass. Republican should,
seemingly at least, assume that congress has
the power" to receive into mem bership only
such persons as the ma jority. acting drbitra-
rity and at its mere UiU and pleasure. deem
fl to receive. That paper says,in terms, that
congress has the power To keep out every BODY
not belonging to the republican party. If
that paper uses the word power in its origin
al sense of a physical ability to do any act,
it's position is easily granted. 1t the majori-
ty Is strong enough to keep out or expel ri ct
drHsiS persons tor any reason OF without reas-
on obnoxious to it. it may, OF course, exercis-
ing that strength, do SO. Ii may keep out
men because they have too little or too much
red halr-because they are over six feet high
or under five feet-aud 80 on for any
cause or no cause, as any passion prejudice
or whim may dictate. But If by power is
intended the right or ability under the laws
which governs congress well as all other
parts OF the government and the citizens be-
longing to 1t, we take ii this power is su biect
to very many limitations The constitution
of the United States governs clngress-aud
congress must act In obedience to it in refer
ence as well to membership of its body as to
other subjects Of which it l. given cognizance
by that instrument.
The constitution says that each house
shall be the judge of the elections, returns
aud qualifications of its own mem bers -
Take, then, the case of person applying for
admission member Of the house OF repre-
sentatiye-. Ia thar Case the constitution re-
qllres taH' the electors (oi representatives. lin
each sta,e shall have the qualifications reaui-
site for the most numerous branch OF the
state legislature Ii requires, too. that rep
resentatve shat! be at eaI % years of age. -
Ii requires, moreoycT, JAay lie snail have been
for seven years Ia citizen Of the United
States; and also be-. when elected an .uhab-
liant OF the -ta:e for which he appears ~
representative.
This enumeration se;s forth the particulars
on which congress NAV act when 10 comes 10
be Judge, a. "tn toe election returns and
qualifications Of its members. If congress
finds that persons claiming seats have not
been elected by the constituency required hy
the constitution. or have no credentials for
NAL otherwise or are under 5weuty five
years OF age or are not citizens. or were not
wuen elected, Inna6Itau's OF the state for
which they appear, congress may rightfully bar
them out. TO how many OGher things
| much turther-can this power be extended?
| What authority IL there for going beyond
! these?
| IT state OF this union ssuds 10 the house a
| that ne has not been elected and returned
aud has not the qualifications of age, &c, &c,
| required by the constitution, what right, or,
/ IN other words, power" has Congress 10 re-
iect him? 1t would be hard. 40 long As we
/ respect the dlre:tlous OF the constitution. to
! show any. But If II Is assumed that the con-
/ sttution does not govern in this matter then
! of course, 1t rs conceded that con gress Is ON
nfpotent and arbitrary as to il and that
majority oi Its memUers may do as they
/ please: or, To with caution Western
ism, they d please" lf congress i
not restrained by the constitution, then, rs
We have sand, in referring to tie Springfield
| Republicans assum pJiuC, IL may rigtfuliv
keep out any body and every body it chooses:
and in doing 50 tmay act simply with
view to the interests of the party represented
by that majority, or to crafty any bad pas
zion, envy. malice, hatred and revenge; or
simpiy to humor whim of the moment. LIS
motto would then be that Of all tyrants, SIC
coto sac .y"6eo. 1 order as | will; and no
man has right to ask reason for nv or
ders.
This subject, considering how the public
mind has been abused and debauched in ref
erence TO 1t, might be very prottubly discuss
ed IN multitude OF aspects which il is i'm
possible for us to consider in this brief arti.
Gle. We may remark in passing, that, accor-
ding to the views we have presented, congress
has no risht to question the oyalty OF persons
to whom the state has given q certificate of
loyalty. But suppose person whose antece
dents indicates disloyalty should present
himself and offer to take the oath Of Office he
having been by pardon or otherwise rehabili- |
tated in his civil rights, how can congress. he
being otherwise duly qualified SAY him, Nav?
What force. then, has the act of congress
which gives tha, body power to refuse in such
case?
If congress wishes TO act so arbitrarily and
tyraDnically. possibly there may be no rene
dy short of the uttimO ratio But that such
action is outside of the constitution, is with.
out warrant in it, and is destructive of repub-
hcan liberty, we hope will not be doubted
81. LOUIS Republican.