The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1866-12-11

Ue cOuSlueTeu meTefy Dc cohquereu terTl-
tories. The Legislative, Executive and
Judicial Departments of the Government
have, however, with great distinctness and
uniform consistency, refused to sanction
an assumption so incompatible with the
nature of our republican system, and
with the professed objects of the war.
Throughout the recent legislation of
Congress, the undeniable fact makes it.
self apparent, that these ten political
communities are nothing-less than States
of the Union. At the very commence
ment of the rebellion, each House declar-
ed, with unaHimity as remarkable as it
was significant, that the war was not
''waged, upon our part, in any spirit of
oppression, nor for any purpose of con-
Iqnest subjugatiOn, nor purpose of over
Throwing or interfering with the rights or
Established institutions of those States,
but to defend and maintain the suprema-
Icy of the Constitution and all laws made
lin pursuance thereof, and to preserve the
/ Union with all the dignity, equality, and
rights of the several States unimpaired;
land that as soon as these objects" were
accomplished the war ought to cease. -
In some instances Senators were permit
ted to continue their legislative functions,
while in other instances Representatives
were elected and admitted to seats after
their States had formally declared their
fright to withdraw from the Union, and
} were endeavoring to maintain that right
by force of arms All of, the States
whose people were in insurrection, as
States, were included in the apportion-
ment of the direct tax of twenty millions
of dollars annually laid upon the United
States by the act approved 9th August,
1851. Congress, by the act of March
"A, 1s62,and by the apportionment of rep
Presentation thereunder, also recognized
their presence as States in the Union;and
lthey have, for judicial purposes, been d.
! yided into districts, as States alone can be
divided. The same recognition appears
in the recent legislation in reference to
Tennessee, which evidently rests upon
the fact that the functions Of the State
were not destroyed by the rebellion, but
merely suspended; and that principle is
of course applica to those States which,
like Tennessee, attempted to renounce
} their places in the Union.
4 The action of the Executive Depart
1 ment of the Government upon this sub
1ject has been equally definite and uni.
form, and the purpose of the war was
specifically stated in the Proclamation is
sued by my predecessor on the 22d day
of September, 1852. It was then solemn.
lly proclaimed and declared that "here.
after, as heretofore, the war will be'prose
cuted for the object Of practically restor.
4 ing the constitutional relation between
the United States and each of the States
and the people thereof, in which State,
that relation is or may be suspended ol
disturbed" .e'
| The recognition of the, States by the
J Judicial Department of the Government
has also been clear and conclusive in all
proceedings affecting them as States, had
: in the Supreme, Circuit and District
Courts. rs 80 .,t.,. k.. .4
i In the admission of Senators and Rep.
, resentatiyes from any and all oflthe
: States, there can be no just ground Of ap.
!. prehension that persons who are disloyal
J will be clothed with the powers Of legisla.
; ton; for this could not happen when the
Constitution and the laws are enforced by
) vigilant and faithful Congress. Each
House is made the 'judge of the cleo
! tions, returns, and qualifications of its
/ own members and mag "with the con,
currenee of two thirds, expel a member.
) When Senator or Representative pre-
f sents his certificate Of election, he may a
/ once be admitted or rejected; or, should
t there be any question as to his eligibility
his credentials may be referred for inves
r tigation to the appropriate committee
g IF admitted to o seat, it must be upor
e evidence satisfactory to the House o
which he thus becomes member, that b,
: possesses the requisite constitutional ant
Illegal qualifications IF refused admis
n sion as a member for want of due allegi
+ ance to the Government, and returned t.
his constituents, they, are admonishet
D that none but persons loyal to the Unitet
lfStates will be allowed voice in the Leg
Z lislative Councils of the Nation, and th,
5 political power and moral influence o
! -ICongress are thus effectively exertad il
d the interests of loyalty to the Govern
t ment and fidelity to the Union. Upoi
: this question, SO vitality affecting the in
d terests of the Union and the permanenc,
O of our present form of Government, m,
!. tconvictions, heretofore expressed, hav
9 undergone no change; but on the contra
n Try, their correctness has been con6rme'
/ lby reflection and time Ifthe admission
. Iof loyal members to seats in the respect
live Houses of Congress was wise and ex
t pedient year age, it is no less wise an,
! expedient now. If this anomalous con
!. dition is right now--if, in the exact con
! ditien of these Statestat the presenttime
4 lit is lawful to exclude them from repre-
: sentation, j do not see that the question
!. Twill be changed by the efiux of time
e Ten years hence, if these States remai
# as they are, the right of representatio
$ will be no stronger-the right of exclu
+ sion will be no weaker.
j, The Constitution of the United State
It makes it the duty Of the President to re
s leommend to the consideration of Con
b Igress s'such measures as lie shall judg
# necessary or expedient." I know of N
measure more imperatively demanded b.
t every consideration of national interest
t sound policy, and equal justice, than tn
C.