Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1866-12-15

pNtlNN nllAl bN uNliiANNA w 10 NINN'
suffrage in the Senate. These pre-.
cautions were intended to secure 10
every State, and to the people OF
every State, the right Of representa-
ton in each house OF Congress and
so important was it deemed 10y the
trainers of the constitution that
equality of the States in the Senate
should be preserved that not even
by amendment of the Constitution
can any State, without its consent,
be denied voice in that branch OF
the National Legislature. 1t is true
that it has been assumed by some
that the existence of the States has
annihilated by the rcbellious acts OF
their inhabitants and that insurrec-
ton having been suppressed, thcy
were hcnceforward to be considered
merely conquered territories, Tho
Executive, Legislative and Judicial
Departments of the Government
have, however, with great iistinc.
tiveness and uniform consistency re-
fused to sanction an assumption so
incompatible with the nature of our
republican system, and with the pro-
fessed objects Of the war. Through
out the recent legislation ofCongrcss
the. .undeniable fact makes itself ap-
parent that these ten political COM
munities are nothing less tnan States
of the Union.
AT the very commencement Of
the rebellion each house declared
with unanimity as remarkable rs it
was significant that the war was
not waged on the part Of the coun-
try in any spirit of oppression, nor
for any purpose Of overthrowing Or
interfering with the rights or es
tablished institutions of those States,
but TO defend and maintain the ST.
premacy of the Constitution and
laws made in pursuance thereof
and to preserve the Union with all
the dignity, equality and rights of
the several States unimpaircd, and
that as soon as these objects We're
accomplished the war ought to cease.
In some instances Senators were
permitted to continue their legisla-
tive functions, while in other in
stances Representatives were elect
ed and admitted to seats after their
States had formally declared their
right to withdraw from the Union,
and were endeavoring to maintain
that right by force Of arms. All
States whose people were in insur-
rection as States were included in
the apportionmcnt of the direct tax
of twenty million dollars annually
laid on the U. S. by act approved
5th August, 1861. Congress by act
Of Msrc,r.,A Ma -. 1862. -hv-th appor-
tionmcnt of repfgsGa f. Gst.hcre-
under also recognized their pres
ence as States in the Union and
have for Judicial purposes even
divided them into districts as States
alone can be divided.
The same recognition appears in
the recent legislation in reference
to Tennessee, which evidently rests
under the fact that the functions OF
the State were not destroyed by the
rebellion, but merely suspended,
and that principle is of course ap-
plicable to those States which, like
Tennessee, attempted to renouncc
their place in'the Union. The ac-
ton Of the Executive Of the Govern
ment upon this subject has been
equally definite and uniform, and
the purpose of the war was spcci-
fically stated in the proclamation
issued by my predecessor on the 22d
day of September, 1862. 1t was
then solemnly proclaimed ana de-
clared that hereafter, as heretofore,
the war will be prosecuted for tho
object of practically restoring the
constitutional relations between the
United States and each Of the States
and the people thereof, in States
that relation is or may be suspend
ed, or disturbed. The recognition
of the States by the Judicial Depart
mcnt of the Government has also
been clear and conclusive in all
proceedings affecting them as States,
had, in the Supreme, Circuit and
District Courts, in the admission of
Senators and Representatives from
any and all of the States there can
be no Just ground of apprehension,
that persons who are disloyal will
be clothed with the power of Legis-
ton, for this could not happen when
the Constitution and the laws are
enforced by a vigilant and faithful
Congress each house is made the
Judge of the elections, returns and
qualifications of its own members,
and may, with the concurrence Of
two-thirds expel member.
When a Senator or Representative
presents his certificate of election,
he must be admitted or rejected or
should there be any question as to
his eligibility, his credentials may
be referred for investigation to the
committee. lfadmitted
to a seat, it must be upon evidence
satisfactory to the house of which he
becomes a member, that he possesses
the requisite constitutional and le-
gal qualifications. If he is refused
admission as a member for want OF
due allegiance to the Government,
his constituents are admonishcd that
none but persons loyal to the Unit
ed States will be allowed a voice in
the legislative councils Of the Dation
and the political power and moral
influence Of Congress are thus effec-
lively exerted in the interests Of
LOYALTY to the Government and H.
delity 10 the Union. Upon thisques-
ton so vitality efecting the rostora-
ton of the Union, ard the perma-
nency Of our preseIt form Of gov
ernment, my convictions, heretofore
axpraasnd have undergone no change