Daily Richmond Whig. [volume] (Richmond, Va.) 1865-1869, 1866-03-05
A Grave Constitutional Question Concur
rent and Joint Resolutions.

AhOoSAAN-N~~Nf
The resolution Of that central despotism at
Washington, the Committee Of Fifteen, which
declares that no Senator or Representative
" shall be admitted into either branch Of Con
" gress from any Of the said States (Southern)
"until Congress shall have declared such
90 States entitled 10 such representation, has
passed both Houses Of Congress.
It is almost universally said that as this is
concurrent resolution, simply, it does not re-
quire the signature OF the President. This
opinion appears to be acquieSced in with that
unquestioning acceptance usually accorded to
axioms only. We protest against this doctrine,
and think We can demonstrate that it is un-
tenable. Let us examine it by the light of the
Constitution. Article i0h, section seven, pa
ragraph two, of that instrument provides
that EVERY BILL which shall have passed
'sthe House of Representatives AND the Senate,
&" shall, before it becomes law, BE- presented
.s 10 The President of the United States; if he
" approve, lee shall Sig, It, but if not, he shall
return it with his objections to that House in
which it shall have originated" &c.
Section seven, paragraph one, of the same
article provides rs follows:
{" Every order, RESOLUTION, or vote to which
d" the CONCURRENCE Of the Senate AND House o.
/" Representatives. may be necessary (ercept on
question Of ayOig7ua0D SHALL Re PRE-
" SCENTED To THE PRESIDENT OF tue UNITED
90 STATES; and before the same shall take effect,
shalt b. aDDrOCed Jy him, or, being diSap-
proved by him, shall be re-pasScd by two
&" thirds of the Senate and House of Represeu-
{" tatiyes, according TO the rules and limitations
prescribed in the case Of a BILL
Now, what is "biIl," order" SO resolu-
ton, or vote" which requires the CONCUR
RENEE" of the two Houses of Congress but ga
concurrent bill, order, resolution or vote, that
must, by the terms Of the Constellation, be pre-
scented to the President, and be approved aud
signed by him before it '' shall take effect"
But one solitary exception is made" except
on a question Of adjournment"
BY what authority can Congress set aside
these provisions OF the Constitution By par
lamentary law? Parliamentary law is only
the creature Of CongreSS-ot inferior dignity
TO the Constitution, and cannot, by any legsla-
tive legerdemain, be made TO contravene and
annul the provisions ofthat Instrument. There
is some mystery about this thing that We can
not penetrate. A distinction is made between
"ioint' and concurrent" orders, resolutions,
&c. The former are said to require the PreSi-
dents Intervention, the latter, not. Under
other constitutions this distinction may be
legitimate, but under the Constitution of the
United States, whose provisions on this subject
we have cited, the distinction appears to us al
together violent, unauthorized and arbitrary.
Those provisions declare that bill, order, res
olution or vote, Except on a question of adj
jOurnment,) that requires the "coRcHTeHcs' Of
the two Houses of Congress, shall be presented
to the PreSident-and until il can be shown
that bill, resolution or vote requiring such
"conclurence" is not concurrent bill, reSo-
luton or vote in contemplation Of the ConSti-
tuition, then such bill, resolution, &c, must be
submitted to the President. But, say these
parliamentarians, it does not 60 to the President
because it is concurrent" That is the very
reason, according to our view, why the Con
stitution requires it to 60 TO him.
1t is important to the South that this subject
shall be Investigated. IT, by a parliamentary
device, repugnant to the Constitution, we are
to see our representatives excluded from Con-
gress, we should not stand by and acquiesce in
its Justice. We should at least expose and
protest against it.
To the President it is in the highest degree
important. Is he, by the uSurpatiOn OF CO.
ordinate branch Of the Government, To be
stripped Of one OF his most vital powers Is
he TO be removed, As it were, 10y a parliament
tary iuggle Perhaps there Is no adequate
cause for solcitude in regard to the President.
lie has shown himself 50 abundantly able To
take care Of himself that all miSgiyings as to
his safety may be promptly dismissed. Ii this
mystery, rs 10 the sovereign efficacy and power
of concurrent revolutions shall be the i'm
posture that We suppose it To be, we may eN-
pect the President to thunde, against 1t with
a well-timed proclamation, or To explode 1t by
some more decisive measure.
There is another view of this subject, which
we shall briefly glance at. The Constitution
saws" EACH House shall be the Judge Of the
election returns aud qualifications OF its mem
bers." Sc. When the Constitution says edch
it does not mean both. ltcreateS, as to the sub
iect indicated, an Independence on the part o
each House, not a n,.ttaIity. 1t requires then
to act separately, not jointly, and neither car
part with its control, or share that control owe
its members with the other House.
BY another clause of the Constitution
"eaeh House" may punish its members fol
discrderly behavior, &c. Separate actloniS en-
joined here as in the case Of election returns
qualifications Of members, &c.
Congress cannot, in either of its branches
abdicate its constitutional functions neither
can one House divide with the other thos,
powers cOntided by the Constitution exclusively
to itself. The members OF the House are NO
members Of the Senate, aud cannot, withou
violating the Constitution, without transccudin.
its legitimate limits, and diSregardiug the rela
tionS established by the fundamental law, par
ticipate in the adjudication of questions touch
ing the credentials and qualifications OF tn
members of the Senate. The same views AZ
ply to a participation by members Of the Senat
in the like affairs of the House. The mutu,
assentand concurrence Of the two Houses cam,
make such action valid and legitimate, sine
the Constitution would thereby be changed I
indirect and unauthorized methods. The la
guage Of the Constitution is that each Hoa
shall be the judge of the election returns al
qualifications Of ITS OWN MEMBERS"
Again, the action of the respective Hous
of Congress in regard to the election retur
and qualifications Of its members, is not d
signed, by the Constitution, to be directed
the aggregate delegations from States, or e
tire sections, but to be directed to the iRdi,
daaLs applying for admissiOn-Oue at a time.
In whatever aspect this resolution of Il
Committee of Fifteen, which has passed Il
80 uonses of Congress, is viewed, it is unco