Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1866-08-22
Letters on rho Political "situntion.o

Letter. en- the Political "situation.n
No. 8.
EDITOR News: In my last I proposed
examine in this some other conclusions
which are said to, and some which &C.
.ually do result, from the fact Of the
States being in and not out Of the Union,
and as such, entitled to full and equal
rights and privileges with the other States
in the Union. AS among those said to
result from this doctrine is that the va
lidity Of the State Governments Of the
so-called seeded States cannot be looked
to or questioned for a moment. In my
Judgment, this conclusion is drawn more
from the imaginau ons Of Il distorted and
distrustful mind rather than from q sound
intellect. In judging of the cleo
tons, returns and qualifications of its
own members, each house can most I'M
questionably, Of constitutional right, in
ouire into and determine the validity Of
the election and laws under and by virtue
Of which the applicant claims to have
been elected. To determine the validity
Of the election and laws under and by
virtue of which tho applicant claims a
seat, the validity Of the government which
passed the laws and provided for the cleo.
ton can most unquestionably be inquired
into by the house to which the applicant
seeks admission. Suppose, for instance,
that there should be two State Govern
men,s in a State, each claiming to be the
legal or valid State Government, as was
the case in the States Of Pennsylvania and
Rhode Island at one TIME; and suppose
further that under and by virtue OF laws
enacted by each Of these State Govern
ments, representatives to Congress should
be elected. In this case there would be
two sets Of representatives from the same
State claiming to be aud to represent the
State, or each Congressional District OF
the State - each asking admission to
seats in the two Houses of Congress.
Now in a case Of this kind could not
each House, when the question came
up for the admission of each Of the
two sets Of representatives, inquire
into and determine which Of the twd'
State Governments was the valid and le-
gal State Government and entitled to rec
ignition and acknowledgment by the ad-
mission TO seats and to equal political
power with its other members, of the rep
resentatives elected under and by virtue
Of the laws enacted by such State Gov
enmentss I think it could most unques-
tionably. 1t could do so under that
clause Of the Constitution providing
that Zach House shall be the judge Of
the election. returns and qualifications OF
its own members" or as one OF the
houses of a coordinate branch OF the
Government Of the United States under
that clause (sec. t., Art. ~, providing
that THE United States shall guarran-
tee to every State in this Union a republic
can form of Government" Mark the
words in this clause, "to erery State in
this Union" II they are not "tn thi,
Union" then the United States Govern
ment is not bound to guarantee to them a
republican form Of Government.
But this is DEPRESSING from the question
we have under consideration. We pro-
pose to speak of the powers conferred, by
Tue Coull5 III " IVA khAo
Of the Constitution hereafter, but just
now and here we choose TO keep in view
the main question we have been consider
ing, that is, as to whether each House Of
Congress can, Of constitutional right, in
ouire into and determine the validity or
legality of the State governments Of the
so.called seeded States, when applicants
present themselves for admission to seats
on the floor Of each House, at least to the
extent Of recognizing and acknowledging
such State government, as being the legal
and valid government Of the State, so far
as to admit the applicants to seats and
equal political power with its other mem
bers, who may be elected by such govern
ment? II each House Of Congress did
not have this right and power, under and
BY virtue of the Constitution, it would
result in the case cited above, Of a double
representation from a State that the people
Of such State would lose their representa-
ton in Congress, the Government OF the
United States, its power to guarantee q
republican form Of Government to each
State in the Union and each House Of the
Congress Of the United States-its right
to Judge of the elections, returns and quail
iications of its own members. Now to
sum up a little. We think it clear from
the foregoing considerations that each
House Of Congress can investigate or in
quire into and determine whether an APP
pllcant for admission to a seat is legally
and consntutionally qualified, and that
such House is the sole and exclusive judge
of this question /; and further, whether the
State Government, under and by virtue OF
the laws Of which the applicant claims ad-
mission, is a legal and valid, as we'll as a
republican form of Government to the
extent at least of recognizing and ac-
knowledging such State Government as
being the legal and valid Government Of
the State in so far as to admit or reject or
refuse the applicants to seats and to equal
political power with its other members,
who may have been elected under and by
virtue Of the laws enacted by such Gov
eminent. Now If the foregoing conclu-
sions are correct, cannot either House OF
Congress refuse admission ? or if admitted,
expel ga man whose hands are red with
the blood Of loyal men ," Cannot such
House determine whether a State Govern
ment is a valid and legal, as we'll as a re-
publican form Of Government, to the ex-
tent, at least, Of determining whether the
Representatives Of such State are entitled
or not to admission to seats on the floor of.
such House, and equal participation with
its other members in political powers In
other words, cannot such House deter
mine whether such State Government Is
in an attitude Of loyalty to and in har-
mony with the Constitution Of the United
States, to the extent of determining whether
the Representatives of such State are en-
titled or not to seats on the floor of such
House? CIy1s.
"MIDDLtSo."-When the bill to add
territory to Nevada was up for discussion
in the Senate, Stewart remarked that Ne
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