Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1866-12-13

aJed III the Declaration OF American indie
pendence, that no people ought to bear
the burden of taxation, and yet be denied
the right of representation. It would have
been IN consonance with the express pro-
visions of the Constitution, that ''each
shall have at least one Representative, !"
and that no State, without It's consent,
shall be deprived Of its equal suffrage in
the Senate" These provisions were in
tended 10 secure to every State, and to
the people of every State. the right of rep
resentation in each House of Congress :;
and SO important was it deemed by the
trainers Of the Constitution that the equal
lty 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 denied voice in that branch
of the National Legislature.
Southern States still i'm the Union.
1t is true, it has been assumed that the
existence Of the States was terminated by
the rebellious acts af their Inhabitants, and
that the lnsurrection having been suppress
sed, they were thenceforward to be consi-
dered merely as territories The Legisla-
tive, Executive and Judicial Departments
OF the Government have, however, with
great distinctness and uniform consistency,
refused to sanction an assumption SO in
compatible with our republican system,
and with the protested objects of the war
Throughout the recent legislation Of Con-
gress the undeniable fact makes itself ap-
parent that these ten political communities
are nothing less than States of this Union
At the very commencement of the rebel
lion each House declared, with unanini-
ty as remarkable as it is significant, that
the war was not ''waged, Oh our part, in
any spirit of oppression, nor for any pur-
pose OF conquest or subiugation, nor pur-
pose OF overthrowing or interfering with
the rights or established institutions Of
those States, but to defend and maintain
the supremacy of the Constitution and all
laws made III pursuance thereof, and to,
preserve The Union with all the dignity,
equality, and rights Of the several States
unimpaired; and that as soon as these OBJ
jects' were accomplished the war ought
to cease" In some instances, Senators
were permitted to continue theirlegislative
functions, while in other instances Repre-
sentatives were elected and admitted to
their seats after their States had formally
declared their right to withdraw from the
Union, and were endeavoring to maintain
that right by force. All Of the States
whose people were in instruction as States
were included in the direct tax OF twenty
millions of dollars annually laid upon the
United States by the act approved 9th Au-
gust, 1861. Congress, by the act Of
March 4, 1862, and by the apportionment
OF representation Hereunder, also recog
Missed their presence as States in the I'M
len; and they have, for judicial purposes,
been divided into districts, as States alone
can be divided The same recognition APP
pears in the recent legislation in reference
to Tennessee, which evidently rests upon
the fact that the functions 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, attempted to renounce
their places in the Union.
The The action of the Executive branch
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 nay prede
cessor on the 22d of September, 1862. 1t
was then solemnly proclaimed and declar-
ed that thereafter, as heretofore, the war
will be prosecuted for the object of practi-
cally restoring the constitutional relation
between the United States and each of the
States and the people thereof IN which
States that relation is or may be suspended
Or disturbed
The recognition Of the States by the .Ju-
diclal Department of the Government has
also been clear and conclusive in all pro-
ceedings affecting them as States, had in
the Supreme, Circuit and District Curts
In the admission of Senators and Rep
resentatlves from any and all of the States.
there can be no just ground of apprehen-
sion that persons whe are disloyal will be
clothed with the powers of legislation; for
this could not happen when the Constitu-
tuition and the laws are enforced by vigil
liant and faithful Congress. Each House
is made the Judge Of the election. returns,
and qualifications of It's own members"
and may with the concurrence of two
thirds, expel member" When Sena-
tor or Representative presents his ccrtid-
cate Of election, he may at once be admit
ted or rejected; or, should there be any
question as to his eligibility, his creden-
: tials may be referred for investigation to
the appropriate committee. Ii admitted
to seat, it must be upon evidence salts
factory to the House of which he thus be-
comes member, that he possesses the re-
, quisite constitutional and legal qualifica-
tons Ifrefused admission as a member
for want of due allegiance to the Govern
ment, and returned to his constituents.
} they are admonished that none but persons
loyal to the United States will be allowed
: voice in the legislative councils of the
nations, and the political power and moral
influence Of Congress are thus effectively
{ 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 perma-
) nency Of our present form Of government,
NV COMMISSIONS baratafnre pvprassa1 have