The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-05-19
:. COLUMBIA. :
Saturday Morning, May 10, 1865.
The Rump Congress mot a Legal
Body.

TnG nunap SOhSre6S NOT u AcSNA |
Body.
We extract from the National Intel
Hgencer, of the 14th, the following
article under the caption of ga Sc
rious Question-Is the. present Con-
gress Legal Body
The first great paramount question
before every new Congress is to de-
termine who are the members of both |
Houses. This question should, in |
the logic of events, take precedence |
of all others. 1t is on the same
principle that when meeting of min
listers or ambassadors take place, the |
first. que 1tion before all others is the
verification of their powers. The
first duty of Congress in assembling
in December should have been like
wise to verify their powers AL who
are entitled to seats in Congress should
have been, with as little delay as pos
siblo, admitted, because they were
the depositaries of the powers of the
country. ;r.
To do otherwise-to go on exer-
cising the functions of Congress with
numbers of persons excluded whose
rights to seats are perfect-is the
grossest violation of the Constitu-
tion that can be conceived of.
AS the matter now stands, each
House has totally neglected to con-
slider whether the applicants from
the seeded States are entitled to
their seats.
The Joint Committee have made
report proposing certain amendments
to the Constitution, with provisions
that the Representatives and Sena-
tors from such States as adopted the
amendment should at once be admit
ted to their seats.
After these amendments are adopt
ed, if they are adopted, then the
question will come up, whether the
particular individuals claiming seats
are entitled.
That is the question we insist
which should be decided now.
Certain persons are here claiming
seats in Congress, and, in violation
of all the practice of the past, of
every precedent, of the spirit of the
Constitution, each House persistent
ly refuses to entertain the question of
right.
This legal question; this question
for the decision of which each House
by the Constitution is made the sole
Judge" this question, in the high
est sense judicial question, each
House, in violation Of its most sacred
duty, refuses to consider.
1t is difficult to imagine greater
dereliction of duty. It is difficult to
conceive of q greater violation of the
Constitution. Alas! what mockery
to talk of the Constitution, when
those who have been chosen to ad-
minister the Government, and who
take an. oath ''to support the Consti-
tution,'' refuse to consider the claims
of these Representatives and Sena-
tors deputed by many States to
participate IN the great powers dele
gated to Congress by the Constitu-
tion.
We know that there are some
people who laugh at the idea, econ
stltutlonal restrictions" but we are
not of that class, for, if the Consti-
tuition has no vitality, what security
have we for any right?
In this paper we have on several
occasions taken the ground that the
men who now pretend to legislate in
the national capitol did not compose
the constitutional Congress of the
United States. We also expressed
our regret that President Johnson
had approved any action of the $50
called Congress, whether by Act or
joint resolution. The decision OF
Judge Abel, of New Orleans, which,
we publish this morning, corrobo-
rates the position we have maintain
ed, and we hail the above article from
the Mtelligemce'' as harbinger of the
good news that the President will not
much longer recognize the cabal in
the capitol as the Congress. Let
him take this ground, and restoration
and reconstruction will speedily
follow. He will have with him the
hearts land the hands, if necessary !
of the whole true and patriotic men
of the United States.
Southern Railroad Convention.
Aeon vaDtJOO of fI,c prao;,1o,tr =, =, i