The Elk advocate. [volume] (Ridgway, Elk Co., Pa.) 186?-1868, 1865-11-25
From the Patriot C. lnion.
The next Congress-Is it to
be q sectional "Rump," or
the National LEGISLATURE.


be q sectional "Rump," or
the National Legislature.
Within a few weeks the Congress Of
the United States will meet at the
Federal Capital, Subjects Of the most
1nomentous Importance will occupy its
deliberate considerations Our system
of government will be put to the most
severe test, aud the consequences Of con
gressional action will he either union,
harmony, peace and prosperity, or anar-
cby and war. The people are not yet
aroused To the vital Importance OF the
constitutional. conci}iary and peaccable
adjustment of the questions which are to
be considered aud determined. The ad.
mission OF the representatives OF the
States late in revolt against Federal au
thority is, in itself, Que which creates the
most serious anxiety and apprehension
The Constitution Of the United States
is the supreme law Of the laud 1t is as
sovrcigu in its dccrees over Congress as
over any department Of Government or
Individuals. 1t commands, declares,
directs, aud 40 party but that which
ordained it can evadc OF refuse obedi
rncc to its behe,ts.
BY the Constitution each State is
equal, and has the right Of representa-
tion in the Federal Legislature. Neither
Congress, the President nor the Judi
ciary. can disrrancnise State as pen
atty tor its action. That the power of
Judging OF tho qualifications of the
members of that body is an inherit con
stitutiopal power, is admitted. That
the exercise Of this power is not limited
or restricted toany section, Or subdivi-
sion Of the whole, is not only a Just and
logical, but it is also constitutional
consequence of the premises. The de
termination Of the qualifications of any,
is the DUTY of all those not within the
stated disqualification. Each State be.
ing entitled to its voice and acts must be
III the first instance, represented in the
organization, which is preliminary to the
determination Of the question, else the
absurdity would exist Of question of
qualification Of membership being ad-
Indicated by those who themselves were
not clothed with the legal power to de-
eide The forms which the law pro-
viLcs to enable the representatives from
States to assume their functions, are the
modes by which the sovereign people of
the States declare they have discharged
their duty to the Federal compact ; that
they have elected their presentatives
in the Federal Legislature. Then fol
lows an organization of Congress for the
function orlegislation, and then attaches
the power to determine if any one claim
ing to exercise this function is unright
fully making this claim If Congress
can pass rule Of action, binding on its
succeeding Congress. by which the con-
stitutional right Of STATE is destroyed,
then a minority Of representatives, and
less than half the States Of the Union.
could dtJraachi8e the other States.
This is easily accomplished If the
" "L2erh Of the House." elected by deod
Congress. can, by the act of this doiunct
legislature. declare of his own will who
are to be the members Of a living Con-
gress, then the constitutional idea of the
Federal legislature is but the caprice Of
a partisan, or the agent Of revolution.
ary faction. Again, one Congress can
not do'rD,ine the qualifications 0f the
4aerlJerS OF its successor. The Gov
ernors Of the States, by proclamation,
declare certain persons meulbers Of Con
cresS for their States The certificate
Of the Governor is the title ofsuch mem
Der to exercise his representative rights !
aud perform his duties The first right /
is to take part in the organization of the ,
body, and the first duty is to prevent !
those without right from usurping fhe /
representative character The will of a .
clerk cannot set aside these rights. This /
would be revolution -war-anarchy-
destructive Of one of the elements of
constitutional government. There is no
law to Justify it, since the rule which
mescrhes the 7afjcS Of the Uerk, made
hy GeIunct Congress, is but ruie of
eric" Of proceeding, binding only on
the body that made it.
4 lar is IA rule of action made BY com
netcnt authority, for the government of
those within its jurisdiction. 1t is law
ill it is repealed. But rule made by
y Congress, to bind an equal authority, |
and not within its Jurisdiction, is not a
I"", One Congress may make a rule
that Congress must meet at twelve
o'clock, noon, but the next Congress is
not bcupl b. this rule. 1t may meet