The Daily empire. (Dayton, Ohio) 1865-1867, 1866-08-21
The Question of RestoratiOn-Gen.
Schenck's Speech.


The Question of RestoratiOn-Gen.
Schenck's Speech.
We shall take occasion, during the prog
ress Of the campaign, TO notice and COM
ment upon many Of the points made by
this gentleman, in his speech last Saturday
night, at the Court House.
At present we desire to present some
views upon the question, made between
Congress and the President upon the ad-
mission of Representatives and Senators
from the Southern States.
Gen. ScHEEcK, and all those who deny
this right to representation, assert that
Congress has the right to impose conditions
upon the States as such, before their peo-
pie are entitled to participate in the legis-
lation Of the Federal government. They
say that until these States adopt certain
Constitutional amendments to accord with
the views of Congress, their Senators and
Representatives shall be denied their seats.
The claim made for Congress is distinct
ly this; that that body has the right not
only to propose amendments to the Constl-
tuition of the United States, but to enforce
their adoption-the penalty prescribed by
Congress being the exclusion of the people
refusing to adopt the proposed amendments
from all participation in the legislative
branch of the Government.
1t would seem that claim so preposter-
Gus only requires its clear statement for its
refutation; but, when it is insisted upon by
so large body of men as that which COM
prises the Radicals in Congress, and their
supporters, its further discussion may net
be improper.
What is CongressP 1t is a body which
owes its existence to the Constitution of the
United States, and has no power not con-
ferred upon it by that instrument. 1t is
composed of Representatives elected by the
people of the respective States, voting by
districts, aud Senators from each State
elected by the Legislatures thereof. 1t pos
sesses no power whatever over the struc-
ttre of the Government except that Ofsim-
ply proposing amendments to its Constitu-
ton.
There are but two provisions of the Con-
stitution, Ito neither of which we believe.
however, did General SCHENCK allude) un-
der which any one has claimed Congress
possesses the power alluded to. The first is
Section of Article 4, declaring that "the
United States shall guarantee to eUe,Y State
in this Union republican form Of govern
ment;" the other is Section of Article l,
shat each House shall be the judge Of the
election returns and qualifications Of its oiorl
members"
In reference TO the first, 1t may be said
that the power is not conferred upon Con-
0ress, but the language is ''the Gated States
shall guarantee &c. The clause is moi
found among the enumerated powers OF
Congress which are contained in Section s
of Article |. Congress is in no sense "tht
United States" Besides, the word O,taran-
tee implies pre-existing republican gov
ernment. Mr.. MADISON, in the Federdlist
in reference to this provision, says:
''If the General Government should in-
terpose by virtue of this constitutional au-
thority, it will be of course bound to pur-
sue the authority. But the authority ex-
tends no further than to a guarantee of a
republican form of government, which
snpposes pre-existing government of the
form which is to be guaranteed. So long
bntTtNOFts dh but bAlSbiilE IGBuDliChl
are continued by the States, they are guar
anteed by the Federal Constitution. When-
sUer the States may choose to substitute
other republican forms, they haze q right q
DO so, and to claim the Federal guarantee
for the latter. The only restriction imposed
upon them is that they shall not exchange
republican for anti-republican constith'
tiOns." ltu iir air
This new doctrine is that Congress hai
the right Ito substitute other republican
FORMS" and under the power given "thi
United States" to guarantee simply, Con
oRsss possesses the right to prescribe dHc
dictate the organic law for States.
But it is by virtue of the second CLAUSE
alluded to, eOnferriug upon each House th'
right to Judge Of the election returns ant
qualifications of its own members, tina
Congress has actually excluded the repre-,
sentatives and Senators of the Southern
States from their seats.
This is the exercise of power not con
ferred by the Constitution, and is therefor,
usurpatlon.
The right to judge, does not imply Tn
right TO prescribe qualifications. The Con
stitution itself presents the qualification
for members Of the two Houses of Congress
Representatives must be twenty-five year
ofage and citizens of the United States 70
seven years, and when elected must b
inhabitants of the State in which chosen
Section 2, article /. Senators must b
thirty years of age, nine years citizens an
also inhabitants of the State in whic
chosen. Section 8, article |.
The people therefore have the unquallf
ed right TO select men with these qualinea
tions to represent them In the House 9
Representatives or Senate. To say tina
either branch of Congress can prescrib