The Conservative. (M'connelsville, Ohio) 1866-1871, 1866-08-17
inflicted such untold misery upon the

/ y
country.
| assume, therefore, that the laws of
the Union enacted pursuant to the Con-
stitution are paramount, neither weak
ened nor affected by the laws of the
| Statc-that no State can sccede from
tho Union, either temporarily or per-
mancntly--that the ordinances of seccs-
sion, though bearing the names of the
| States, were the acts of unauthorized
men, who temporarily usurpod the
| power-that during the whole contest,
from its beginningto to its close each and
! all the States notwithstanding their
! ordinances of secession, were States of
the Union, and at the close of the con-
test the usurpcd power was withdrawn
ana the supremacy Of tho Union ac-
lnowledged by the authorities of the
/ States.
II follows as necessary consequence
that even in the heat and violence Of
the rebellion thc States in which rebel
violence most prevailed were each and
all Of them, as States. entitled to their
representation in the two Houses of
Congress. Such was clearly the undcr-
standing Of the statesmen who then
ruled the stormy scene Tennessee was
represented after the ordinance of Sc
ccssiOn in that State was passed and ]
know it was the express wish of Prcsi-
dent Lincoln that Borland the Senator
from Arkansas, whose term had not
expired, and who had taken no part
in the rebellion, should come to Wash
ington and resume his seat in the
Senate.
The difficulty existed not in the right
Of the State TO be represented, but in
the means of clecting and certifying
Senators and Representatives. With
that difficulty the House of Congress
had in the first instance nothing to do
but when the State returned its'Scna-
tors and mcmbcrs NcH il was the PROV
incc of the two Houses of Congress
each TO examine the credentials Of the
proposed member Of It's own body, as
certain whether the members OF each
were duly appointed, and whether they
personally coniOrmed to the requisites
which each House had established for
its members.
1t cannot, therefore, be nationally
| contended, that State i'm which the
rebellisel has been suppressed, the or
dinance of secession recindcd and am
nullcd, and the power of the Union nc
| lSnowledgod, can be denied its repre-
sentation in tho two Houses of Con-
gress, because it has been. for time
controlled by men in state of revolt
when that very condition, while it eX-
isted, did not deprive it of its right of
representation. But thus far those
States have been denied as States their
representation in Congress without
question rs to the qualifications of the
individual members or the regularity
Of their election.
1t willbo difficult to establish q po-
sitiOn that portion of the Senate and
the House, which have thus rejected
misrepresentation ola part Of the States
as States, is a legally constituted Con-
grcss under the Constitution. They,
Of course, have the power which the
Constitution gives thcm-the Senate
to reject any and all such members,
individually, for the reason that they
do not represent Their several States
the House, that they do not represent
their appropriate districts. The Con-
stitution defines in express terms the
power ofeach House over thomembcrs
who offer themselves for recognition.
The second section Of the first article
of the Constitution provides that "the
House Of Representatives shall be com
posed of members chosen every second
yearly the people Of thescvcral States,
that is to say, of each and all the
Estates" TO this there is no excep-
tion and no Imitation 1t includes
States which havo been in revolt as
well as those which have been always
loyal
Another clause Of the same article
provides that when vacancies happen
-in the the representation from any
State, the Executive authority thereof
shall issue an order for I'm election.
Here is no qualification, no requisite
condition Of the State-to entitle il toits
representation. How docs any portion
OF Congress, on committee selected by
a part Of Congress, acquire the power
to lay down conditions and deny repre-.
sentation to States that do not conform
to them?
The third section provides that the
Senate Of the United States shall be
composed Of two Senators from each
State, chosen by tho hoLegislaturc thereof
for six years.
The fifth article provides that 'nol
state without its consent shall, oven by
an amendment Of the Constitution, be
deprived of its equal suffrage in the
senate SO clear is tho construction
Of the Constitution, so fixed tho pur-
pose of the Convention, that even an
amendment Of the Constitution would
be void, that should attempt to deprive
a State for single day, under any con
difions, of its due eroprcscntation i'm that