The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1866-12-07


would have accorded with the grea
principle enunciated in the Declara
ltion of Independence, that no peopl'
ought to bear the burden of taxation
and yet be denied the right Of repre-
sentntion. 1t would have been IL
consonance with the express provi
sions of the Constitution, that "cacl
State shall have at least one r, pre-
sentative" and "that no State, with
: out its consent, shall be deprived o
its equal snffragc In the Senate. y
These provisions we're intended tC
: secure to every State, and To the peo
lple Of every State, the right of rep
resentation in each House Of Con
gress; and SO important was 1t deem
cd by the trainers Of the Constitution
that the equality of the States in the
Senate should he preserved, that moi
even ny an amendment of the Con
stitution can any State, without III
consent, be denied voice in that
branch OF the National Legislature
1t Is true, it has been assumed that
the existence of the States was ter
minated ny the rcbellious acts o'
their inhabitants, and that the insur.
rcction having been suppressed, they
were thenccfOrward to be considered
merely as conquered territories -
The Legislative, Executive, and Ju.
Idicial Departments Of the Govern
ment have, however, with great dis
tinctncss and uniform consistency
refused TO sanction an assumption
so incompatible with the nature ol
our Republican system, and with the
lprofesscd objects of the war. Thro'
out the recent legislation OF Con
gress, the undcniable fact makes it.
self apparent that these ten politi
cal communities arc nothing less than
States of this Union. At the very
commencement OF the rebellion, eacl
House declared, with q unanimity as
remarkable as it was significant, that
the war was not "waged on our part
in any spirit OF oppression, nor fo'
any purpose of conquest or suhjngo
tion, nor purpose of overthrowing
or interfering with the rights or es
tablshed institutions OF the States
but to defend and maintain the su
prcmacy of the Constitution and al
laws made in pursuance thereof, anC
to preserve the Union with all the
dignity, equality and rights Of tho
several States unimpuired; and tha
as soon rs these objects were accom-
plishcd the war ought to cease IL
some instances Senators were per
mitted to continue their legislativ,
functions, while in other instance
Representatives were elected and ad
mitted to seats after their States hat
formally declared their right tc
withdraw from the Union, and wert
endeavoring to maintain that righ'
hy force of arms. All of thes,
States whose people were in insurrcc
lion, as States, were included in thu
apportionment of the direct tax o
twenty millions of dollars annual,
laid upon the United States by the
act approved the 5th Of August.
1861 Congress, by the act of Marcel
4, 1862, and by the apportionment OF
representation Hereunder, also rec
ognized their presence as States in
the Union, and they have. for judi
NSrScse, v- s5trscs niono cnn pe divi
ded The same recognition appears
! in .he recent legislation in referenc,
! to Tennessee, which evidently rest
upon the fact that the functions o
the State were not destroyed by th'
' rebellion, but mcr,ly suspended; ant
that the principle is, of course, ap
=, plicable to those States which, lik
Tennessee, attempted to renounc
their places in the Union.
4 The action of the Executive De
partmcnt CT the Government upo
Q this subject has been equally deiinit
! and uniform, and the purpose of tn
:. war was specifically stated in til
H., Proclamation issued by my prcde
ccssor on the 22d day of September
q 1862 1t was then solemnly pre-
= claimed and declared that thereafter
"a heretofore, the war will he prose
cuted for the object of PRACTICAL
r restoring the constitutional relatio
between the United States and eaC
a of the States and the people thereo
in which States that relation Is {
a NAV he suspended or disturbed"
The recognition of the States l
the Judicial Department of the Co
ernment, has also been clear and coI
o elusive in al! proceedings affectir
them rs States, had in the Suprem
!. Circuit and District Courts.
In the admission of Senators ar
c Representatives from any and all
the states'ther can AM bah bsahe ef persons ,ii wb
NJ oi anPItiBtt'hl will he clothed with tn
powers of legislation; for this coul
d; not happen when the Constitutio
and laws are enforced by a vigilar
, and faithful Congress. Each Hous
2 is made the Judge of the election.
returns, and qualifications of its ow
members" and may, "with the cor
cnrrence of two-thirds, expcl men
, ber" When Senator or Rcpreser
, tative presents lis certificate of ele(
ton, lie may ut once be admitted O
rejected; or, should there be an
! question of his eligibility, his Gre
: dcntials may he referred for invest
CATION TO the proper committee.
admitted To seat it must he upo
. evidence satisfactory to the Hous
I Of which he thus becomes member
}. and he possesses the requisite cor