Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1866-12-13

would have accorded with the great princ-
pie enunciated in the Declaration of Amer
ican Independence, that no people ought to
bear the burden of taxation, aud yet be de.
MED the right of representation. 1t would
have been in consonance with the express
provisions of the Constitution, that "each
State shall have at least one Representative"
and "that no State, without its consent,
shall be deprived of its equal suffrage in
the Senate These provisions were intend.
ed to secure to every State, and to the peo-
pie of every State, the right of representa-
tion in each House of Congress; and SO im.
portaut was it deemed by the trainers of the
Constitution that the equality of the States
in the Senate should be preserved, that not
even by an amendment of the Constitution
can any State, without its consent, be de-
MED voice in that branch of the National
Legislature.
STATUS OF THE UNREPREsENTED STATES.
1t is true, it has been assumed that the
existence of the States was terminated by
the rebellious acts of their inhabitants, and
that the insurrection having been surpres
sed, they were thenceforward to be cohsid
cred merely as conquered territories. The
Legislative, Executive, and Judicial De-
partmeuts of the Government have, how.
ever, with great distinciuess and uniform
consistency, refused to sanction an assump-
tiou 80 incompatible with the nature of our
republican system, and With the professed
objects of the war. Throughout the recent
Legislation of Congress, the undeniaole fact
makes itself apparent, that these ten politi
cal communities are nothing less than
States of this Union. At the very com.
mecement of the rebellion, each House
declared with unanimity as remarkable as
it was significant, that the war vas not
"waged upon our part, in any spirit of op.
preston, nor for any purpose of conquest
or subjugation, nor purpose of overthrowing
or interfering with the rights or established
institutions of those States, but to defend
aud maintain the supremacy of the Consti-
tuition and all laws made in pursuance
thereof, and to preserve the Union with all
the dignity, equality, and rights Of the
several States uuimpaired; and that as sooD
as these objects were accomplished the
war ought to cease" In some instances,
Senators were permitted to continue their
Legislative functions, while in other instan.
oes Representatives were elected and ad.
mitted to seats after their States had for
mally declared their right to withdraw FROM
the Union, and we're endeavoring to main,
tain that right by force of arms All of
the States whose people were in iasurrection,
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 5th August,
1861. Congress, by the Act of March 4,
1862, and by the apportionmeut of repre-
sentat!on Hereunder, also recognized their
presence as States in the Union and they
have, for judicial purposes, been divided
iuto 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 func.
tious of the State were not destroyed by
the rebellion, but merely suspended; and
that principle is of course applicable to
those States which, like Tennessee, at
tempted to renounce their places in the
Union.
The action of the Executive Department
of the Government upon this subject has
been equally definite and uniform, and the
purpose Of the war was specifically stated
in the Proclamation issued by NY predeces-
sor on the 22d day of September, 1862.
1t was then solemnly proclaimed and de.
clared that thereafter, as heretofore, the
war will be prosecuted for the object of
practically restoring the constitutional re.
lation between the United States and each
of the States and the people thereof, in
which States that relation is or may be sus,
pended or disturbed"
The recognition Of the States by the
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.
10 the admission of Senators and Rep
reseutatives 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 Legislation 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-thlrds;
expel member" When a Senator or
Representative presents his certificate of
election, be may at once be admitted or re-
jected; or, should there be any question as
to the eligibility, his credentials may be
referred for investigation to the appropriate
committee If admitted to seat, it must
be upon evidence satisfactory to the House
of which he thus becomes a member, that
he possesses the requisite constitutional and
legal qualifications If refused admission
as member for want of due allegiance to
the Government, and returned to his con-
stituents, they are admonished that none