Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1866-12-05

i he Legislative, Executive, and Judcllal
Departments Of the Government have,
however, with great di-tinctness and uni
form consistency, refused to sanction an as
sumption so incompatible with the nature
of our republican system, and with the
professed objects Of war. Throughout the
recent legislation of Congress, the undeni-
able fact makes itself apparent, that these
ten political communities are nothing less
than States of this Union. At the very
commencement of the rebellion each
House declared, with a unanimity as
remarkable as il was significant that the
war was not 'waged, upon our part, in
any spirit of oppression, nor for any pur-
pose of conquest or subjugation, 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 in pursuance thereof, and to
preserve the Union with all dignity, eqali-
ty, and rights of the several States unim-
paired; and that as soon as these objects"
were accomplished the war ought to
cease" In some instances, Senators we're
permitted to continue their legislative func-
tons, while in other instances Representa-
tives were elected and admitted to seats
after their States had formally declared
their right TO withdraw from the Union,
and were endeayOriDg to maintain that
right by force of arms. All Of the States
whose people were in instruction, as States,
we're included in the apportionment Of the
direct tax of twenty millions of dollars am
nually laid upon the United States BY the
act approved 9Th August, 1861. Congress
by the act of March 4, 1862, and by the
apportionment Of representation there
under, also recognized their presence as
States in the Union; and they have, for ju-
dicial purposes, been divided into districts,
as States alone can be divided. The same
recognition appears 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 re-
nounce their places in the Union.
The action of the Executive Department
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 my prede-
cessor on the 22d day of September, 1852.
1t was then solemnly proclaimed and de-
clared that thereafter, as heretofore, the
war will be prosecuted for the object Of
practically restoring the constitutional re-
lation between the United States aud each
of the States and the people thereof, in
which States that relation is or may be sus-l
pended or disturbed" ..s ESQ =.
The recognition of the States by the Ju-
dicial 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 Courts.
In the admission Of Senators and Repre-
sentatiYes from any and all of the States,
there can be no just ground of apprehen-
sion that persons who are disloyal will be
clothed with the powers of legislation for
this could not happen when the Constitution
and laws are enforced by a vigilant and
faithful Congress. Each House is made
the fudge of the elections, returns, and
qualifications of its own members" and
may, with the concurrence Of two-thirds,
expel a member" When a Senator or
Representative presents his certificate of
election, he may be at once admitted or
rejected; or, should there be any question
as to his eligibility, his credentials may be
referred for investigation TO the appropriate
committee. If admitted to q seat, it must
be upon evidence satisfactory TO the House
of which he thus becomes a member. that
he possesses the requisite constitutional
and legal qualifications. If refused
admission as a member for want of
due allegiance to the Government,
and returned to his constituents, they are
that none but persons loyal to
the United States will be allowed voice in
the Legislative Councils of the Nation, 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 effecting the restoration of the
Union and the permanency of our present
form of government my convictions, here
tofore expressed, have undergone no change;
but, on the contrary, their correctness has
been confirmed by reflection and time. If
the admission Of loyal members to seats in
the respective Houses of Congress was wise
and expedient year ago, it is no less wise
and expedient now. If this anomalous
condition is right now-if, in the exact con
dltion of these States at the present time,
it is lawful to exclude them from represen-
tation, do not see that the question will
be changed by the effiux of time. Ten
years hence, if these States remain as they
are, the right Of representation will be no
right of exclusion will be no
weaker.
The Constitution of the United States makes
it the duty of the President to recommend TO the
consideration of Congress such measures as be
shall Judge necessary or expedient." l know of
no measure more imperatively demanded by
every consideration Of national interest sound
policy, and equal justice, than the admission of
loyal members from the now uurepresented
States. This would cOnsummate the work Of
restoration, and exert a most salutary influence
in the re-establishment of peace. harmony and
fraternal telling. 1t would tend greatly to re-
new the confidence of the American people IN
the vigor and stability of their Institutions. 1t
would bind us more closely together as a nation,
and enable US to show to the world the inherent
and recuperatiye power Of n Government found
ed upon the will of people. and established
upon the prime pies Of liberty, justice and intel
Hgence. Our increased strength and enhanced
prosperity would irrefragably demonstrate the
falacy Of the arguments against free institutions
drawn from our recent national disorders by the
enemies of republican government. The admls-
sion Of loyal members from the States now eX-
cluded from Congress, by allaying doubt and ap
prehension. would turn capital now awaiting an
opportunity for investment, into the channels of
trade and industry. II would alleviate lne pres
cut troubled condition Of those States, and, BY