The Cadiz sentinel. [volume] (Cadiz, Ohio) 1864-1911, 1866-08-15

states, entitled TO their representation m
the two Houses of Congress. Such wa,
clearly the understanding Of the statesmen
who then ruled the stormy scene. Tennes
see was represented after the ordinance 81
secession in that State was passed; and ]
know IL was the express wish of Presiden.
Lincoln that Borland. the Senator from Ar
kansas, whore term had not expired. and
WHO had taken no part in the rebellion
should come to NashIngton and re sumo his
seat in the Senate.
The difficulty existed not in the riglt OF
the State. to be represented. bat in the mems
of c%lcciing and certifying Senators and Rep
reSCntnIiyeS. With that difficulty the
House of Congress had in the first Instance
nothing to do; but when the State returned
its Senators and members. then it was he
province of the two Houses Of Congress
each m ex mine the credentials of the pro
posed member of its owl body, a-ccrtain
wether the m NIB of each were day ap-
pointed, AMI with r they personaliy con
10 ned to the lie l~uisiies Which cash House
had eS'a lished for its membcrS.
IL con not, Il e ctore, he nationally con.
tended, that IA State in which the rebellion
has been suppressed, the ordinance of sc.
cesSlon rcScinded and 6nuulled, and the
power Of the Union acknowledged, can be
denied Its representation in the two Houses
of Congress, because it has bccn for a time
controlled by men In a state revolt. when
that very condition, while it existed. did not
deprive it of its right Of approximation
But thus far those States have been.denied,
as STATES. their representation in Congress
without question as to the qualifications Of
the individual members, or the regularity OF
their election.
1t will be difficult to establish a position
that a portion of the Senate and the House.
which have thus rejected the representation
of a psrt Of the States as States, Is a legal.
" constituted Congress under the Constitl-
ton. Thea, Of course, have the power
which the Constitution gives thcm-the
Senate to reject any and all such members,
| lnLlvlduall- for the reason that they do not
represent their several States; the House,
that they do not represent their appropriate
districts. The Constitution defines in OK
press terms the power of each House over
the members who offer themselves for rec
ogrition.
The second section of the first article Of
the Constitution provides that ''the House
OF Representatives shall be composed Of
members chosen every second year by the
people Of the several States this is to say,
as each and all of the States" 70 this
there is no exception and no limitation. 1t
includes States which have been in revolt as
vel as those which have Keen always 10y
al.
Another clause Of the same article pro-
vides that when vacancies happen N the
representation from any State, the Execu
tive authority thereof shall issue am order
for an election. Here is no qualification, no
no requisite condition of the State to en-
titled 1t TO its representation. How does
any portion Of Congress, or a committee SC.
lected by a part of Congress, acquire the
power to lay down conditions and deny rep
resentation to States that do not conform to
them?
The third section provides that the SEN
ate of the United States shall be composed
of two Senators from each State, chosen by
the Legislature thereof for SIX Yeas.
The fifth article provides that mo State
without its consent shall, even Ivy an amend
ment of the Constitution, be deprived Of its
equal suffrage in the Senate" SO clear is
the construction Of the Constitution, so fix.
ed the purpose of the Convention. that even
an amendment of the Constitution would
be void, that should attempt to deprive a
State for a single day, under conditions. Of
its due representation in that body.
But the Constitution make ample pro-
vision for the prevention oliI!cgal intrusion
in either of those bodies, and puts it in the
power Of each to exclude from itself all
Members and Senators who are unfit from
any cause, %natioua' ormorai, ior want ofduc
election, due certificate, defect of loyalty
to the Union or moral character. to hold
their places in either of those bodies.
Hence it is very clear to my mind that
the exclusion Of States as States for any
reason, supposed Or alleged, is a violation OF
their constitutional privileges. ] e mem
bcrS who may be in ossession Ct the Sen
ate Chamber and House Of Representatives
have the same right to assume that New
York as that Georgia is unfit to be reprcsen-
ted until it complies with their prescribed
rtquisitions; and if the exclude eleven
States they may exclude twenty, and each
will affect alike the Constitutional legiti-
macy of the body, which thus lays down
conditions for admission and refuses it to
those who do not comply with those condi-
tons. The wrong would be more glaring
If a majority were excluded, but the prin-
ciple would be the same.
ltmay be said that in the Senate there
would not be a constitutional quorum if
'wen!y were eXcludeg, but what OF that!
h A inc o.nalng eiicahcy OF me NonStl-
luton ana 'Nefo Is an END Oh the afsu-
nle m
WIN a view TO the present and 1nture
quiet OF me country, | am anxious that the
present state OF things should cease to
exist
Laws sormally enacted by the members
and certified, approved by the officers Of the
two Houses and the President, must be re-
organized by our courts without inquiring
into the regular constitution of each of the
powers enacted them, out whatever comes
in the form Of law, emanating from a single
branch of the law-making power, is in my
judgement omen to examination. A. for