The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1865-11-12
The Power OF Congress Under the
Constftutfon.

semhlins g Congress, tho 1uession vi ad-
mitting the representatives from the States
recently in rebellion awakens deeper in
terest and attracts more general attention.
1t is the real or vital question Of the com
ing session, and upon it's decision hangs
the fate of nearly if not all the measures
which will me 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 i'll the promises under the consti-
tuition? Has Congress the cons titutional
right to reject the members elec ted in the
Southern States, in body, in the face OF
the fact that they come with certificates
showing that they have been duly elected
in accordance with the laws Of those States
governing such elections, and backed with
proclamation from the President, declar-
ing that the late instruction has been
suppressed, and that the States have been
restored to their normal condition?
Section fifth of the constitution declares
that "each house shall be the judge of the
elections, returns and qualifications of it's
own members" Now, what is the true intent
and meaning Of this provision? 1t certain
ly does not mean that Congress has the
power to prevent any State in the Union
from being represented ill the National
Legislature. It cannot be possible that it
will bear any such construction, by impli
lead to endless controversy and anarchy.
Under such an Interpretation the Statc'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
the members elected from New York, de-
claring that they were not qualified. The
same rule might apply to Massachusetts
or any other State. This would be con-
ferring unlimited power, which everybody
must see would be dangerous in the e1-
treme, 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 its power in the premises to the ques-
tions whether .he elections were held in
accordance to law; whether, according to
seat was duly and legally elected, by hav-
ing clear majority OF the votes polled;
also whether he is qualified to become
member under the requirements OF the
constitution. 1t il evident that this is all
the power. Congress has on the subject,
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 advantage
should be taken of any State, and its rep
resentatiyes shut out from the delibera-
..
The first point to consider in deciding the
question, ''has Congress the power under
the Constitution to reject the Southern
Representatives ?" is, were the elections in
those States legally held? Congress- will
have to take the position that they were
clare that the States had the right to Sc
cede, 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 Cangress
which shows a different conclusion bv that
body. the only way to treat the subject
then, is, that 1t was q mere insurrection,
gotten up by Southern men to accomplish
a purpose. Neither jeff. Davis nor any
other person can be arraign ed 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 normal condition; and it
necessarily follows that the President is in
duty bound to see that the laws are en-
forced, that the people have an opportunity
to re-organize their local governments and
elect Repre- sentatives to Congress. This
Is the work which the President has been
doing for the last six months. In most of
the Southern States the local governments
ddNC bcSd iuily OTS;iHlZetl anu clcCllollS
held for Representatives in Congress. The
Constitution provides that the times,
places and manner of holding elections for
Senators and Representatives shall be pre-
scribed in each State by the Legislature
thereof" Now this has been done by all
the Legislatures of the Southern States
where the elections have been held. 1t
therefore follows that the only excuse which
Congress can have to declare the elections
illegal is to assume that the Southern
States are out of the Union. This not only
endorses the legality of secession, but also
admits the fact that the Southern Confedc-
racy was q 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
Il L.. ilaat