The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-11-02

As we approach the day fixed for the as
sembling of Congress, the question Of admit
ting the representatives from the States re
gently in rebellion awakens deeper interest
and attracts more general attention. 1t is the
real or vital question Of the coming session,
and upon its decision hangs the fate of nearly
If not all the measures which will come before
that body to be acted upon. In view of tho
fact that the leading radicals are preparing to
oppose the admission of those members, the
first point for consideration is: what power
has Congress in the premises under the con-
stitution! Has Congress the constitutional
right to reject the members elected In the
Southern States, in q body, in the face Of the
fact that they come with certificates showing
that they have been duly elected In accord
ance with the laws OF those States governing
such elections, and backed with proclama-
ton from the President, declaring that the late
instruction has been suppressed, and that the
States have been restored to their normal con-
dition?
Section fifth Of the constitution declares that
each house shall be the Judge Of the elections,
returns and qualifications Of its own members"
Now, what is the true intent and meaning of
this provision? It certainly does not mean
that Congress has the power to prevent any
State in the Union from being represented in
the national legislature. 1t cannot be posi-
BILE that It will bear any such construction, by
implication or otherwise, for that of itself
would lead to endless controversy and an
archy. Under such an Interpretation the State
of New York might elect Senators and Repre-
sentatives, pledged and instructed for some
definite policy, all the balance of the States the
very opposite, and, when they come to take
their seats, they could reject the members
elected from New York, declaring that they were
not qualified. The same rule might apply to
Massachusetts or any other State. This would
be. comforting unlimited power, which every
body must see would be dangerous in the ex-
IRENE, and clearly was never intended by the
trainers Of the constitution. On the other
hand, the common sense construction OF that
clause is, that Congress is limited in it's power
in the premises to the questions whether the
elections were held in accordance to law;
whether, according to the returns, the person
applying for his seat was duly and legally,
elected, by having clear majority Of the votes
p6lled also whether he is qualified to become
a member under the requirements Of the con-
stitution. It is evident that this is all the
power Congress has on the subject, and that
the provision of the constitution was intended
to limit it to those very points. If not, why
were they so clearly and fully Expressed Its
trainers were thus explicit in order that no ad-
vantage should be taken Of any State, and its
representatives shut out from the deliberations
through any within Of the others.
The first point to consider in deciding the
question, "has Congress the power under the
constitution to reject the Southern Representa-
tives?' is, we're the elections in those States
legally held? Congress will have to take the
position that they were legal, or assume the
alternative, and declare that the States had the
right to secede, and that their ordinances Of
secession were legal. The President in his re-
organization policy, acts upon the basis that
the States were never out of the Union There
has been no action Of Congress which shows
a different conclusion by that body. The only
way to treat the subject then, is, that it was a
mere insurrection, gotten up by Southern men
to accomplish . purpose. Neither JEFF. Davis
nor any other person can be arraigned for the
crime of treason upon any other hypothesis.
Taking this as granted, the first duty Of the
government after the outbreak Of the rebellion,
was TO suppress the insurrection. The moment
that was accomplished, and the organized
bands put down, the States revert TO their nor
NAL condition; and II necessarily follows that
the President is in duty bound to see that the
laws are enforced, that the people have an OPP
portunity to reorganize their local govern
ments and elect Representatives 10 Congress.
This ia the work which the President has been
doing for the last six months. In most of the
Southern States the local governments have
been fully organized and elections held for
Representatives In Congress. The constitution
provides that "the times, places and manner Of
holding elections for Senators and Representa-
tivcs shall be prescribed in each State by the
Legislature thereof" Now this has been done
by oil the Legislatures Of the Southern States
where the elections have been held. II
therefore follows that the only excuse
which Congress can have to declare
the elections illegal is to assume that the
Southern States are ont of the Union. This
not only endorses the legality Of secession, but
also admits the fact that the Southern con-
fedcracy was legal government, and that the
property Of the Southern States can be held
for the redemption Of The bonds issued by that
government.
It is the duty Of the President to send into
Congress messages on the state Of the Union.
This is the only mode which that body has to
obtain official information In regard to the con-
dition Of any section. It was upon the data
furnished by President Lincoln In his official