Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-03-17
TTEF POWER or CONGRESS To IN
CITDE THE SOUTHERN STATES.

t--.a.NllNltA lIlk0 Aft NhlA~llA+lAlNllll
polity and law, as eXpoUnded by III
fathers Of Jurisprudence and eNempletie
by British precedents in Pariiamen
when We fell upon the following in OF
country neighbor, the Prince Ge0rQiU
in which we have been su well antic
psted that we beg to adopt the views S
ably expressed. deferring till anotht
time what further We had 10 say on ia
deeply interesting subject. This mannt
of viewing this great question D. worth
the most earnest and solicitOJIs reiie,
tiOn:
From the Marlboro Prince GeorEian-'
The President has given notice 10 Con
gress that the Southern States an
States Of this Union, and that the
have the same right Do representation Il
Congress that the other States have; al
absolute right. This Is a grave proceed
ing on the part of the Executive Govern
meut ID calls on the ruling majority i
the Legislative Department Solemnly
consider what power they have to eN
clude the Southern representatives. 1t /
"a question that may 20 to the OrganiZn
ti0n Of Congress. Until Congress
legally organized, there Is no Congress.
That the radicals see this question ma,
arise is shown in the debates on the yet'
message. Mr.. Fessendsu, OF Maine, ans
Mr.. Howe. OF Wisconsin, inquired in Tia
Senate if the President took that po
sition.
The decision Of this grave question
was made in the first instance by Z
strange sort Of authority. The clerk @
the old House Is appointed TO call tn,
roll of thenew; ana be undertook TO de-
eide what names should De put on the
II aTr Q . all g Hla#
been in The rebellion. Had the Presi'
dent. the only one of the coordinate
brauchr- of Government then iH fuuc-
tion. proclaimed at that time that the
Southern States were restored % the
Union. and all their rights in IL, the
clerk would not have presumed 10 eX'
clude any member elect who brought
the ordinary and regular credentials
Then :he members would have been
seated, and could not have been eX-
PEELED.
The effect Of the Illegal exclusion oi
mem bers of the Legislature has not been
debated in this country. II i, OF may
become, the extreme question Of tht
government de J0ctJ and government
dc j5ge- Ia England, great lawyers, as
well rs the leaders of the popular party,
have asserted doctrines on this point that
deserve 70 be considered i'm this country,
II We mean 10 preserve the right of the
people 70 elect the Legislature
IN I76s, Wilkes was returned 10 Par
lament by the electors of MiddieseS
after he had been expelled 10y the vote O
the House Of Commons. The House de-
clared that expulsion created incap8city,
and refused 70 admit him. The decision
we regarded as an invasion Of the right
Of election by the people. 1t met with
prompt and strenuous resistance. Thai
great lawyer, Lord Camden, then Lord
Chancellor of England, declared in the
House Of Lords: i consider the decision
as a direct attack upon the first priuci-
pies of The Constitution: and If in the
judicial ccercise u 5HU office, were u
paw anyregard 10 thator 10 any othersuch
vote passed IN opposition % the known
and established laws of the land, ! should
look uD0n myselfas d traitor 10 my trust
and an enemy 10 my country
The popular constituencies Of the King
dom took the matter up with warmth.
They petiti0ned the King 10 dissolve The
Parliament and order general election.
The cities Of London and Westminster
and the county Of MiddieseE, were vehe-
meHr I'M these movements. The " ad-
dress. remoustrance, and petition Of the
Lord Mayor, Aldermen, and the Livery
Of the city Of London, Ia Common HaI
Assem- bled, =" stated their complaint OF Lht
decision Of the House Of Commons with
areat plainness and severity: " The
majority Of the House Of Commons have
deprived your people Of their dearest
rights. They have done a deed more
ruiuous in its consequences than the levy
ing Of ship money by Charles the ], Cl
lie dispeBsiug power assumed hy James
the TT. A deed that must yai0te al The
future proceedings Of this Parliament,
for the acts af the Legislature cannot be
valid without 8 legal House Of Com
mons"
The King answered. as our Congress
now asserts, that the return OF a mem-
beT was a matter for the House 10 decide
on.
The ministry commanding, as our rad
icsl party now do, great majority IN
both Houses got UP a counter address from
Parliament, admitting the right Of petl-
ton by the people ''as one Of the bless
ings secured by the Revolution, and The
free enjoyment Of 1t a. a matter not o.
be denied" they complain, in high
tone, Of the factiOus abuse Of ID; and e,-
pecially by the city Of London, '-in as
persing and eliminating one Of the
branches Of the Legislature, and eX-
pressly denying the legality Of the pres
ent Parliament, and the validity Of its
proceeding"
The city Of London, nothing intini-
dated in a good cause by the " OmuipO-
tence Of Parliament" answered by 3
renewed petition, setting forth their claim
10 the indispensable right 10 a fall, free
and unmuIiluted Parliament, and asking
for the dissolution Of the present Parlia-
ment a. the only means Of reparation o.
the injured electors Of Great Britain" D."
IN requital Of the censures levelied at
the city by the Parliament, they said
" Whoever las dared, by false suggss
tions. to ALLEVIATE y0ur Majesty rrgarl
from tie city Of London, and your lyya
people. t. an enemy Of your person, and
q betraver Of the Constitution Ihesl
last spirited words, delivered Ey the l.GUi
Mayor Beckf0rd were engraven by tht
city on the statue erected 20 his memory
in GUildhall.
The great popular writer Of the da,
came % the aid Of the popular cause
Juuius "pitched IN" with his fierce Zea
and polished eloQuence. "The city O
London, 4" said he, shave given an exam
by the whole Kingdom. The noble spiri
Of the metropolis is the life-blOod Of TIA
State, collected at the heart; from tina
point it cirsulates, with wealth and vigoi
through every artery of the Constitution
The time is come when the body Of tl
English people must assert their owl
cause. They will not surrender thei
birthriCht 10 ministers, OF parliamcnu
or kings. The city Of London haN
spoken the truth boldly. Even that as
sertion. 50 offensive 90 Parliament, il
1be theory Of the English Constitution
Is sfricHy true. UMerc be- dcfect iH M
TeDreseHtatiOH of The poopte, that lJo'peT
lgLich 0lOHe is cgB0t 10 ue making Q
Iq1rs. - not complete, and The acts q
Parliament, under that circumstance, an
nat the acts of a pure and entire tegis
luton"
In the end the people prevailed, an'
the House Of Commons had % declare 10y
resolution, that the Constitution oil Eng
land and the law Of Parliament secures
the right Of election by the people, as ih'
electors Of MiddleseX had claimed.
What would now be the positl0noi on
Congress, il the President should assef
the Lord Chancellor Camden's doctflh n
Of constitutional law aud refuse, I'm lh
exercise Of has Office, 10 regard Tie vote
or any such VOTE % denying the TigbI o
representation in the legislature, whlci
tbeStates hold underth Constitution" IN
supreme law cfthe land2'i Ornhe shoult
assert, as the city Of London asserted
under the advice Of great lawyer tha
the Illegal expulsion Of members Affect
the Legality Of the legislature, and tn
validity Of all their proceedings W o.
with the great writer whose doctrines ar
now Of such high authority with all WIZ
uphold thep principles of free government
that, if the legislative bodies be incOm
plete and defective, their acts are not tn
acts Of a Legislature
Certainly the President would raise IA
point Of technical nicely, but one of in
dispensable substance, If he should dem
their power 10 make, by expelling or ex
cluding members Of the minority. fha
majority which the Constitution reuuire
30 pass laws over the Executive veto.
B7-On Friday last, a Gaming affai
took place in Richmond, Va, betweel
james p. Rogers and j. M. Peer. ii
.--Ffob The Il ffar had his sklsU f.-4,I i