The Daily empire. (Dayton, Ohio) 1865-1867, 1866-04-14
Have We q Constitutional Con-
UPeSSp


The New York World affords us, in an
article, the main points of which we APP
pend, n clear, and, to dispassionate, can
did mind a conclusive argument on the
now all-absorbing question before the
country, is the present Congress such a
body rs is prescribed and required by the
Constitution, and are its late revolutionary
acts justified and authorized by that or
ganic instrument? To every sensible, pa
triotic reader-to all who would not have
their law-makers become ld,o-Gredkers, the
reasoning of the writer in the World is es-
pecially commended:
The composition of Congress is pre-
scribed in the Constitution. The Constitu-
tion declares that Congress shall consist of
Senate and House of Representatives.
"Ihe Senate Of the United States" we quote
the language of the instrument, shall con-
sist Of tco Senators from each State" Have
we any such Senate? Are there 1.-TWO Sem
ators from each State ?'' There is similar
provision in relation to the House of Rep
resentatives; but as the same reasoning
will, in the main, apply to both Houses, it
will suffice to discuss the legality of one.
We take the Senate in preference, because
that is the branch which has already passed
the Civil Rights Bill over the veto. 1t is
clear, on the mere reading of the words,
that we have no such Senate as is provided
for In the Constitution of the United States.
We have no Senate consisting of two Sem
ators from each State" A full Senate con-
sists of seventy-two members; the Rump
Senate, even when all the seats are filled,
consists Of only fifty.
1t may be said, and truly said, that the
presence of every member of the Senate is
not necessary to give validity to its pro-
ceedings. The Constitution itself provides
that majority OF the Senators shall form a
quorum. But he same Constitution pre-
SttHles that the absences are U0tuntdry. If a
State fails to elect, or its Senators fail to Mt
tend, that is quite different thing from
the exclusion of States from their repre-
sentation. So careful is the Constitution
that every State may be represented, that
If vacancy occurs in the reeesss of n State
Legislature, the Governor is empowered
to make atemporary appointment until the
Legislature meets. The Constitution ex-
empts the members of both Houses from
arrest during their attendance, and in going
and returning from Congress. These pro-
visions evince the solicitude of the Consti-
tuition that States shall be deprived of theiI
representation by nothing except sickness
death, or voluntary failures to elect.
Turning TO another part of the Constitu-
tion, we find that the most emphatic Of al
its provisions Is a prohibition to erctad'
States from their representation IN the Sen
ate. Everything else In the Constitution, Ii
open to alteration by the amending power
this alone is guarded from change by the
power which can make all other changes
mo State, WITHOUT IT'S CONSENT, shall b.
depriped Of its equal suffrage in the Senate
IL Is absurd TO say that Congress may do, a
its own discretion or caprice, what not even
the amending power may ever dare at
tempt.
Let us suppose that three fourths of th'
States should overstep the limits by whicl
the Constitution has, In this one particular
hemmed in the amending power and should
90 through the form Of reducing the Senat'
from seyenty-one members TO fifty, by de
priying the twenty-five smallest States o
one Senator each, without their consent
Would Senate thus constituted be lega
body? Would laws passed by II have any
binding obiigation? Assurediy not. i
would be as clear case of revOtatfon as I
is possible TO suppose. What the remedy
would be, is another and more difficult
question. But there can be no doubt at al
that such pretended amendment, II actet
on in the organization Of the Senate, wouit
overthrow the Constitution. But zifsna
even the amending power can take away