Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1866-12-07

EaC6- LUH&fGS8s however, yet 4EBAlal-
ted to admit any of these states to rep
resentation and it was not until to-
wards the close of the eighth month
of the session that an exception was
made in favor of Tennessee, by the ad-
mission Of her Senators and Represen-
tatiyes.
I deem It a subject of profound re-
gret that Congress has thus far failed
to admit to seats loyal Senators and
Representatives from the other States,
whose inhabitants, with those of Ten
nessee, had engaged in the rebellion.
Ten Sfates-more than One-1ourth Of
the whole nUmbeT-remaiu without
representation the seats Of fifty mem
beTs are yet vacant-nOt By their own
coHsent, not By 3 failure of election
bat By refusal of Congress to accept
their credentials. Their admission, it
is believed, would have accomplished
much toward the renewal and strength
ening Of our relations as one people,
and removed serious cause for dise0n-
tent on the part Of the inhabitants of
those States It would have ae-
corded with the great principle enun-
ciated In the Declaration Of American
Independence, that no people ought to
bear the burden Of taxation, and vet
be denied the right of representation
It would have been IN cOnson1nce
with the express provisions of the
Constitution. that leach State shall
have at least one Representative, and
that no State, without its consent.
shall be deprived Of its equal suffrage
In the Senate These provisions
were intended to secure TO every State,
and to the people Of every State, the
right of FepresentiOn in each House Of
Congress; and so important was it
deemed by the trainers of the Consti-
tuition. that the equality of the States
In the Senate should be preserved, that
not even by an amendment of the
Constitution, can any State, without
its consent be denied a voice in that
branch of the National Legislature.
1t is true, it has been assumed that
the existence OF the States was termin-
ated by the rebellious acts of their in
habitants, and that the insurreetiOn
having been suppressed, they we're
thence forward to be considered mere
II as conquered territories. The Leg
islative, Executive. and Judicial De
partments of the Government have,
however, with great distinetness and
uniform consistency, refused TO -saBc-
tioR-au assumption so incompatible
with the nature Of our republican sys-
TEN, aud with the prOfessec objects of
the war. throughout the recent leg
islatiOn of Congress, the undeniable
fact makes itself apparent, that these
ten political communities are nothing
less than States of this Union. At
the very commencement Of the rebel
lion, each House declared, with a
unanimity as remarkable as it was sig
nificant, that the war was not "waged
upon our part, IN any spirit Of Oppres-
sion, nor for any purpose of conquest
or subiugatiO0, nor purpose of over
throwing or interfering with the rights
or esta blished 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 the dig
nifty, equality, aud rights of the several
States Unimpaired; aud that as soon
as these object" we're accomplished
the war ought to cease" In some in
stances, Senators were permitted to
continue their legislative functions.
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 endeayOring to
maintain that right by force of arms
All of the States whose people were
In insurrection, as States, were inclu-
ded In the apportionment of the direct
tax of twenty millions of dollars annu
ally laid upon the United States by
the act approved 9Th August 1861
Congress, by the act of March 4, 1852.
and by the apportionment Of represta-
ton Hereunder, also recognized their
presence as States in the Union and
they have, for judicial purposes, been
divided into districts. as States alone
can be divided. The same recognition
appears In the recent legislation in
reference to Tennessee, which evident
" 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 TenOunce their places in
the Union.
The action ofthe Executive Depart
ment of the Government upon this
subject has been equally definite and
uniform, and the purpose of the war
was specifically stated In the PrOcla-
nation issued By my predecessor on
the 22d day of September, 1852. It
was then solemnly proclaimed and de-
clared that hereafter, as heretofore,
the war will be prosecuted for the OBJ
ject of practically restoring the cOnsti-
tutiOnal relation between the United
States and each of the States and the
people thereof, IN which States that
relation Is or may be suspended or
disturbed
The recognition Of the States by the
Judicial Department Of the Govern
ment has also been clear aud conclu-
sive In all proceedings affecting them
as States, had in the Supreme, Cir
cult, and District Courts
In the admission of Senators and
Representatives from any and all Of
the States, there can be no Just ground
of apprehension that persons who are
dislOyaf will be clothed with the pow
ers of legislation for this could not
happen when the Constitution and the
laws are enforced by a vigilant and
faithful Congress. Each House is
made the Judges Of the elections, re
turns, aud qualifications of its own
members, and may. with the con-
currence of two thirds, expel mem
her" When a Senator or Representa-
tive presents his certificate Of election
he may at once be admitted or reject
ed or, should there be any question
as to his eligibility, his credentials
may be referred for investigation to
the appropriate committee. IF admit
ted to a seat, it must be upon evidence
satisfactory to the House of which he
thus becomes a member, that he pos
sesses the requisite constitutional and
legal qualifications IF refused ad-
mission as a member for want of due
allegiance to the Government, aud re-
turned to his constituents, they are ad-
monished that none but persons loyal
to the United States will be allowed a
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
vitaly affecting the restoration of the
FfrSnv, nn1 Ah,