The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1866-12-06
MARIlNSBJRG WEST VIRGINIA. THURSDAY DECEMBER g. 1866

eeutive and Judicial Departments of the
Government have, however, with great
dlstinctness and uniform consistency,
refused to sanction an assumption so in
compatible with the nature of our re-
publican system, and with the protested
objects of the war. Throughout the re-
cent legislation Of Congress-, the unde-
niable fact makes itself apparent, that
these ten political communities are moth
ing less than States of this Union.
At the very commencement of the re-
belliOn, each House declared, with a
unanimity as remarkable as it was sig
nitlcant, that the war was not "Waged,
upon our part, in no spirit of oppres
sion, nor for any purpose of conquest Or
subjugatiOn, nor purpose of overthrow
ing or interfering with the rigE Is or es-
tabiished institutions of those states,
but to defend and maintain the suprem-
aey Of the Constitution and all laws
made in pursuance thereof and to pre-
serve the Union with all the dignity,
equality, and rights of the several States
unimpared; and that as soon as these
Objects were accomplished the war
ought to cease.'
in some instances, Senators We're per-
mitted to continue their legislative
functions, while in other instances Rep
resentatives We're elected and admitted
to seats after the States had formally de-
clarcd 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 III in
surrection, as States, We're included in
the superintendent of the direct tax OF
twenty millions OF dollars annually laid
ry,tt nI 40
proved 9Th August 1861.
and by the apportionment of repre-
sentation hereunder, also recognized
their presence as States in the Union,
and they have, for judicial purposes,
been divided into districts, as States
alor can be divided. The same recog-
milton appears in the recent legislation
in reference to Tennessee, which evil
IDENTIFY rests upon the fact that the func-
tions OF the State were not destroyed by
the rebellion, but merely suspended;
and that principle is of course appli-
cable to those States which, like Ten
nessee, attempted to renounce their
places in the Union.
The action of the Executive Depart
ment of the Government upon this sub
ject has been equally definite and uni
form, and the purposes of the war was
specifically stated in the Proclamation
issued by my predecessor on the 22d day
of September, 1862. 1t was then solemn
ly proclaimed and declared that here
after, rs heretofore, the war will be
prosecuted for the object OF practically
restoring the constitutional relation be-
tween 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 Govern
ment 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 dis
loyal will be clothed with the powers of
legislation for this could not happen
when the Constitution and the laws are
enforced by a vigilant and faithful Con-
gress. Each House is made the "1uage
of the elections, returns and qualll-
cations 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 may at once be admitted or
rejected; OF, should there be any ques-
ton 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 member, that
he possesses the requisite constitutional
and legal qualifications. If refused adj
mission as member for want of due al
legiance to the Government, and re-
turned to his constituents, they are adj
monished that none but persons loyal
to the United States will be allowed q
Voice in the legislative councils of the
nation, ai,i the political power and
moral influence OF Congress are thus eff
iectively exerted in the interests of
loyalty to the Government and fidelity
TO the Union. Upon this question, SO
vitality affecting The restoration of the
Union and the permanency OF our
present form of government, my con-
Ni.tons, heretofore expressed, have
undergone IN change; but on the con-
t.ssrN, their correctness has been con-
t;rnaed by re'lNcton and time.
If the adriis-ion of loyal members to
seats in the respective Houses OF Con-
syres. was wise and eXpedient Il year