Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-08-08
A4GRSE8s ls88al.7,.o5lrT;ardI


there Is no exception and no limltatl0nsi3l
includes States which have been iRsrevolt
as well as taUseawhieh have bespf always
'InoathIer Clause OF fGe osahs artielS pro-
videsl that when vaeahcies Happen indthei
representation from amy State, the EKeeBT
tivsRuthoFity thereof shall Issue sah. order
for.an election. Here Is no Qualification, no
requisite condition of the State to entitle fti
Ito It's Representations Howe does anydp6r-a
tion of COngressp or a COMMITTEES, selected
by a part az Congress, acquire. the power 70
Jay down conditions and deny represen-
tation to States that do not cohiorm9to
them? JiEnIaJIh bnH ssIEL9rD hJ1Jai3 b.
The third section provides that, the Sem
ate of the ,Unitcd Ststes shall be comp0sed
of two Senator'S from each State; chosehi
by the Legislature thereof for SIX years. n
THE. fifth article provides that "no'btaee
without itso6hsentsH sHailJ event by an amends
ment of the Constitution, be deprived Gifts
equal suffrage in the Senete.p' So clear Is
the construction of The Constitution, 50 FIX
ed the purpose Of the Convention, that even
an amendment of the Constitution would
be void, that Should attempt to, deprive q
State for single day, under any conditions,
of its, due representation in that body:
But the Constitution makes ample pTovis-
lon tor the pfevention of illegal intrusion
in either of those bodies, and puts it ip the
power of each to exclude from itself all
Members and Senator's who are unfit nom
any cause, national or moral, for want Of
due election, due certificate, defect of 10y
atty 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
alstlT rt,ytlo
members who may be ifl possession of the
Senate Chamber and House of Representa-
tives have the same right to assume that
New York as that Georgia isI unfit to be
represented until 1t complies with their
prescribed requisitions; aud If they may
exclude eleven States they may exclude
twenty, and each win affect alike the cons
stitutional legitimacy Of the body, which.
THUS lays down conditions for admission
and refuses it to those who do not comply
with those conditions. The wrong would be
more glaring ifoaNmaj ajoffty were excluded,
butthe principls would be the same. .aar-
U 1t may be said that in the Senate there
could not be constitutional quorum II
twenty were excluded, but what of thatP
Admit the binding efficacy iof the OOnsti+'
tutionrand there is an end of the argument.
p With view to the present aud future,
y L
the present state Of things shouldetase To-
exist. 'fd 0) ie1is3h ~ yfU teil l.G A
Laws formally enacted by the members
and certified, approved by the officers OF the,
two Houses and the President, must be rec
ognized by our courts swithoutinquiringi in
to the regular constitution Of each, OF, the,
powers enacting them, butIwhatever comes
in the form of law emanating, from q single
branch OF tbe law making power, is In nay
Judgment open to examination. AS for
example, if but one-third of the States
should meet and take possession of the
hallsiofe tile Senate and House Of Repre-
sentatiyes, enact resolves IN, the form Of
law without executive sanction or ree0g-
| nitiOn,. it would be- absurd to say that the
courts would be boqud bo hold that such
resolves were law, without having power
| to inquire into the eonstitutiOnality of the
assembly enaetingt them This is but an
dfortiOri, ease, the principle is precisely the
! same with that before us. ltisf quite in7
material whether one-third or two thirds
of the States e5excluded from particpa1
tion in tue enactment. Admit the, right ot
inquiry into the constitution of the enact
! ing rbodygin one case, the same right follows
| in the other, and the illegltimacy in the one
| case is as clear as in the other. This diff
Guilty applies TO the Civil Rights bill, to the
taast Freedmen's Bureau bill and to the Con-
Institutional Amendment. II 'i'mf f'7q SHi"
|, This ,Objactioh. together with the consti-l
tutiOnal difficulties in the several bills, can
be brought before the, courts, and 1t Is not
ttbo much to say that their decision viii be
lidoubtful on that point, if on that alone.
On such reflection as ! can give il, think
", e, X ;5 : SoiY Y"S1 Z r. n
Tn;s "oS oF oo,,rsa doos to; eosSs
TStatS ,nol bRiS a5iftoSs Il ifbs
.YftgIto J I. ~ II =
RtoPe6 S'1S p Guy aIp NpSi Np5 5S1i' u sgH"Tfl
III II w%,TS @ ' havs ev SHisSinG eject and b1bue
TIL "a; 30 X snS pni
Pa reasonSgle saeriIlce 10 Sonsssg{tGa ana
si on %S ~ ~ ia Iost sessio,,
ns Too ,oiti6t, M racsiSs5 ~
Sa,,ot;aS % 1f th6 III For tgyotayer
90 4 i u = HF ~ So',n,. a,,)ha ~ ~
SiiS =, ,t,,,t tt,S ae;,;, -
so pob ~ 20 Ia H'I r. 90 ,ha ITni,ed Stsths
1he BenGh anu par on .ne Dn1Ceu HUaies, aIsF,
yuIs,ue vi ,,,i ,t H. :, e.
on %a. of f,h.mai;d;,v has, TaSv w;il
W " a,,5 &, ,es
the rIoSs Cfj,be 1noniS ss tb,sv lyvp ia haoe
~, - ~, h., =. .CGso,r,s, ;,,' ,,hi.h al
Se - 1t''d ,,'oD 3, Co. w. ho
aa,ed ''~S0 W. ~ SNtSt
Thsra' ss ~ a.ons nn 20 rged for
5;ss;, f ,i,a nia,,aso S 20; aotad StatnSs ~
~ ~
SIe eStetasnIG 9OH"O u SrS Y X
2SlppTuoi s ~ IVY VIZ y us
- ra,oin nder i, ta hands of tSe prSssnt ssS
%a;oritv and II IL not I think generalJy
goy Gnu - is,ti'.ToI 10 nvH Siii I'm S'tht s'3
Saa ~ tHH ~ coss siu
s In.; n M e S Ss ,,seSSeas md snseisi,v
t%oentsI cases @ will continnaIiy aTiseSin ths
opinion of she party in power. The pres