Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1865-09-19

indicates that in the performance of the func-
tons devolved on the houses respectively,
they act separately Each acts for itself
Each is the sole judge of the election and
qualification of its members. The House has
nothing to do with the election dc, of Sena-
tors aud the Senate has nothing to do with
the election &c Of NJ members.
But again the constitution says teach house
shall be the Judge Of the election de-" Does
this clause grant Legislature lower to Congress?
Does it authorize Congress to pass law on
the subject. Clearly not. The function which
it is required to perform is simply ju licial.--
Each house is to Judge, in other words, it is
to ascertain judicially, by the examination of
evidence, whether each member possesses the
constitutional requisites of eligibility, and to
cecide according to the evidence. In sup
port of this view Of the subject, refer to the
opinion of that distinguished jurist and con-
stiutional lawyer, Chancellor Kent. In his
Com Vol. Page 234, he says: ssEach
house is made the sole judge Of the election
return and qualifications offs members x <
as each house acts in these casesin judicial
character, its decisions. liketh decisions. of
any other court ofJuaice, ought to be regu-
lated by known principles of law. and strictly
adhered to for the sake of uniformity and GER
tainty"
think I am warranted therefore, in say
ing that this clause Of the constitution con.
ftrs no power on Congress to prescribe
test oath, like that required by the act of
1862
The only remaining clause which bears on
the subject, is the one already quoted, which
pr yides that members of Congress, and all
executive officers, State and Federal, shall rake
an oith to support the constitution of the U.
IS. 1t would require keener vision than
possess, to discover in this provision any
legiiima authority to require any Other test.
It-can only be deduced by very strained
process of reas onng, from the clause forbid
dug the application of any religious test
This system of reasoning involves complete
! inversion Of the true rule of construction APP
plicable to the constitution, and assumes
that Congress possesses all powers which are
not prohibited specially, instead of only those
which are granted.
Upon fair view, then, Of all the clauses OF
the constitution having any reference erect
or indirect to he point under discussion. l
am at loss to perceive any authority dele
gated to Congress to pass any such law.
If we then turn from the language Of the
constitution, and consider the subject in the
i light of expediency and common sense [ think
We will fl nd the objections to The exercise Of
such power, equally strong IF Congress
has the power to provide Que kind of test
oath, why may it not provide any other, it
may, from party feeling or prejudices, deem
lexpedient. If the power exists, where are the
| Limitations to it9 The only limitation which
seems to be recognized, is in regard to re-
lieious test. Iftliis be true, then Congress
may pass law providing for property quail
ifcation, or any political test it may think
proper. If this be conceded, then what is to
hinder dominant faction from perpetuating
its power, by providing test oath which will
render all persons ineligible to Congress, who
have opposed their peculiar policy? The pre-
cedent would be fraught with danger, and
powers, hedeel in by constitutional restIic-
tions, into an absolute despotism, regulated
! and controlled only, by the viii of doul-
nant majority. AS the South is destined, in
all future time to be in hopeless minority,
/ it should be the last to surrender the safe
guards of its rights provided by the constitu
ton. We should make the issue at the out.
set. We should deny the right of Congress
to pass any such law. II our representatives
should be ex luded. we should appeal to the
people. trusting that their patriotism wonld
frown down all such efforts at injustice, and
speedily re-estabsh the government on its
fruo 40 ctifuf;f p,i hocic
In regard to the true construction of the
oath itself much diversity cf opinion seems
to exist. Ny competitor. Mr.. Lewis, says he
can take the cath. while cannot This is the
strong objection which he,and his supporters,
make to my election They say, why elect
me, when it is obvious that I will not be
allowed to take my seat.
Mr.. Lewis is an honorable and high toned
gentleman, and have no doubt he thinks he
can with PROPHECY take the oath I think
he is in error on that point, and believe thar
my chance of being received into Congress is
better than his. He seems 10 think thai ali
thai is necessary r. secure his admission is
that he shall akethe oath In this think
he is mistaken. II the. radicals have the
power they will exclude obnoxious members
NHuout IcSdIu tO uc Va IL. uCy Will 20 Uc.
hind he GA h, and enquire in'o all he an e.
ceden of every claimant of u sea-. If hey
do this, now will Mr. Lewis and t? + is a
ma ero public no olie y, ha he sougb-, ob
rned. and execu ed large con RACES ri h the
Confedera government make iron to be
used for mill airy purposes. Surely it was
qui c as s rong an evidence of hos iii he
!. S. on his par 70 furnish is enemy iron
20 make cannon and sho', and shell, 20 kill
federal soldiers, as i was on niue 10 give, and
in public speeches, 20 urge others 10 give
food and clio hing % furnishing and naked
soldiers, and he prisoners Of DO b comba an s
Mr. Lewis and differ to the true construction
of the oah HI and occu led the same ost on If
opposition to the war | fed and clothed Cnnfeder-
ate soldiers. and made speeches urging Others 10
10 the same. He fed and clothed sosoiers and
manufactu ed large quantities Of irQnfor the Com
f. deracy, under speci contracts with it. He
seems To think that his opposition to the war
reaches tt rough and gives colour to all his dn
ring the that as he invountarilv lnvo lvel
in The that that want of voition will apply to
all hs acts In nv judgement the oath requires