The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-10-18

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ed in. Congress; and no Goyernment
(Which gives In one State a power to a
man which 1t requires two and a halt
TO exercise inanother State, is repubH-
l can IN form. St . -
The speaker concluded with an ear
work and ttiumph phahtIy elect their cam
isF-z fF5{fli -SS----l-.---z-.J asia0
i THE YRUlLPs, q c6SEREss. s.
r. An able ana ms 1ruciiTSes iArtieIe. y
SO From tas PlsiIddetplta american.
L, It Is aisighfhcaut fact that the 'framers
OF the National CQnstitpt lion gave the
ihrst placa in that instrument, not to the
liExecntive, not to the Judiciary, but to
1.-THE Legislative power. It was thus
placed because, In the, estimation Of our
Iltoretath hers, this was, to, be- through all
Ettme the sdisunctively republican fea9
ture of the Governments. In other ma
tions the Legislative body was composed
| In a large degree ofgthe aristocr0cy, and
was clothed with powers too limited to
enable IT sto. protect the rights of the
Peep In this nation 1t was intended
that the legislative body should be the
y the very first article OF tho National
Consultation is devoted to it, and the
desSttpt ion OF, this bod y, Its constitu-
ents, election quail itications and pow
ers, consumes more space than does all
the rest of the original Constitution.
This fact speaks volumes of the impor-
tance attached to this department Of the
Government above all others. Nor
could 1t be otherwise, when we consider
the democratic-republicah principles
upon which the Government was based,
and to how great an extent 1t was de-
signed to make this Government of
the people; by the people, and for the
people. The preseminent dogma was
the right of selt-government, which
could not be attained by autocracy,
oligarchy, aristocracy, theocracy, nor
any other known form of government.
To call 9 Government republican be-
cause the people elect an antocrat, vest
ed with all the powers of government,
would be nonsense. It was for this
reason that the legislative power was
given the first and largest place in the
Constitution. :
Nothing could be more striking than
the very opening clause of this first
article of the Constitution: "ALL 1egia-
latiYe powers herein granted shall be
vested in a Congress of the United
States, which shall consist of a Senate
and House OF Representatives." Let it
tPe here observed that this gives the
whole legislative power of the govern
ljment into the hands of the Congress.
IL IS q common error to suppose that
because the Gonstit tuition gives the Pre-
| sfdeut the veto twas intended that the
Executive should be part Of the law
Ismaking power; but it will be perceived
| by the express language of the first ar
tlcle, as quoted above, that "dX legisla-
tive po%ers'' are given, not to the Pre-
stdent and Congress, but to Congress
exclusively. The President, according
70 this article, has no share whatever in
the legislation of the nation, He can
refuse his ,signature to a law, and as
sign his reasons therefor; but he can
take no part In the preparation of a
law, and especially il entirely trans
cends his sphere to dictate what course
the legislation of Congress shall take.
should not have found the Constitution
saying at the very outset that all legis-
lattve powers are vested in Congress
alone; for then 1t would have been me-
cessary to say in Congress. and the Pre-
stdent. The trainers of the Constitu-
ton were especially careful to guard
against making the President part of
the legislative department, and this
care was intended to guard against
usurpation, aristocracy and despotism.
Scrnunizing closely the Language of
this first article of the Constitution, it
will be seen that It speaks of the legis-
1atiye body as s'a Congress of the Uni
ted States" not Of all the States, but of
America, not embodied as States, but,
in the Language of the preamble to the
Constitution, In their capacity asitEttle
people of.the United States" 1t seems,
too, as though the trainers of the Con-
stitution had, with prophetic wisdom,
foreseen and guarded against Johnson's
plot based on the absence of members
from the rebel States, for they express
ly said in the fifth section of the first
article, that "eAch house shall be the
| Judge of the election returns and quail
ications of its own members, and q
majority ofeach shall constitute a quo
rum to do business" Here, by making
a majority of each house a quorum to
do business, the institution repudiates
| the notion that all the States must be
Represented in Congress- In order to
make that body legal. It is also par
ticularly specified that Congress alone
Iishaflg deal. with the credentials and
| tquahfc ations offts own members. Not
q shadow of justification can be found
in the Constitution for the Presidents
:usurpation of authority to dictate who
shall be admitted to Congress and who
shall not. He cannot revise the list of
lmemberss he cannot give. an ounce of
additional weight TO any members
claim to p seat and what he has at
tempted is an unwarranted outrage
l1ieBy the eighth section of the first arti-
ole Congress is empowered TO t'spr0Vide
for the common defense and general
welfare of the United States.n Nothing
could be broader, fuller or more genere
Gus than this gin of power. It covers
all that Congress deems necessary TO
Secure the republic against future dan
llger from the renewed machinations of
the rebels. 1tis essentially s!tO provide
for the common defense and general
lylEelfare" that Congress resorts to the
test oath, the probati tionary exclusion of
the amendment of the Constitution. 1t
| is for this purpose that Congress passed
the Civil Rights bilIand the Freedmen's
tBureaul billy and the necessity under
which tl1ise legislation has occurred Is
mentioned in the second paragraph OF
the tenth section OF the same article,
which SAW; s'N6 State shall, without
theconsent of Congress, lay any duty
dn t6nhbges keep troops or ships OF war
In time of peace, enter into any agree
ment or EompAct With another State, or
ffth q foIaign Power, or engage In war
ttn1esss aGtn6lly invaded, or In such inn
uiirent danger as. will not admit of de-
81. Us 1t requires no argument to show
that every one of these ten excluded
states has been guilty Of the grosest
intgae etiona Of this section, and Congress,
I pelng Clothed with tftas spowRrstO Hpro-
TIDE tQr the common defense and gem
eEsli4 eitara, p is only doing itSL duty
q Furnishes these rebel States by
lst9 ing them to at least d prubat atom.
nFss paragraph o., this tenth sec
Iaptf Is even more direckiand explicit.
4s says that sno State. shall enter into
treatYs alliance or 0aISdefutioll,
gram let Of marque and reprisal.