Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1866-12-11

were thenceforward to be considered merely as
conquered territories The Legislative, Ixeeu-
tive; and Judicial Departments of the Cow
ernInent }haHe, however, with great distinct!
ness and uniform consistency, refused to sane
ton an assumption SO Incompatible with the
nature of our republican SYSTEM. and with the
protessed objects of the war. Throughout
the recent legislation of Congress the nndeS;
niable fact makes itself apparent, that these;
tens political communities are nothing less
than States of this Union. At the, very COM
mencement of the rebellion each House de:
ciafed, with d unanimity as remarkable as it
was significant, that the war was not sswagedy
on, our part, in any spirit of oppression, nor
for rany p1rpose OF conquestOr sdbjugatioD, nor
purpose of Gverthrowing or interfering with
the rights or established institutions of those
States, but to defend and maintain the supre-
macy of the Constitution and all laws made
| in pursuance thereof, and to preserve the
Union with all the dignity, iequality1 and
rights of the several States upimpaired; > and
that as soon as these objects" were eacconi-
plished the war ought, to cease. In some
instances Senators were permitted to con.
tinue their legislative functions, while inpths
et instances Representatives were elected and
admitted to seats after their. States had form
ally declared their right to withdraw from the
Union, aud were etdea9orihg tohdaintaih that
right by force. 2All fthe States whose peopEe
were in instruction as States were eincluded
III the nppOrtionment of the direct tax of
twenty millions of dollars annually laid upon
the United States by the act approved 5th of
August, 1861. Congress, by act of March 4,
1852, and by the apportionment of represen>
tation Hereunder, also recognized their pre-
sence as States in the Union and they have
forjudiciai purposes, been divided into dis
tricts, as States alone can be divided. The
same recognition appears in tie recent legis-
lation In reference to Tennessee, which evil
IDENTITY rests upon the fact that the functions
of the State were not destroyed by the re-
beilOn, but merely suspended and that prin-
ciple is OF course applicable to those States
which, like Tennessee, attempted to renounce
ii err places in the Union. EEi9E'7cE
The action of the Executive Department
ofthe Government upon this subjec has been
equally; definite and uniform, and the purpose
OF the war was specifically stated in the Proc
larnation issued by my predecessor on the 22d
day of September, 1862. II was then solemn
ly proclaimed and declared that sshereafter,
as heretofore, the war will be prosecuted for
the object of practically restoring the consti>
tutiOnal relation between the United States
and each of the States audthe people thereof,
IN which States that relation is or may besus-
pen ed or disturbed" t t..~ 3ag -it.
The recognition of the States by the Judi
eial Department of the government has also
Eccn clear and conclusive in all proceedings
affecting them as States, had in the Supreme,
Circuit and District Courts! SHY T. r'
In the admission of Senators and Represap-
tatives from any and all the States, there can
be no just ground of apprehension that per-
sons who are disloyal will be clothed with the
powers Of legislation; for this could not hap.
Pen when the Constitution and the laws are
enforced by vigilant ard faithful Congress
Zach House is made tho ssiudge OF the cleo
tons, returns, and qualifications of its own
Tnenlbers," aud may, with the concurrence
OF two thirds, expcl member" When a
Senator or Representative presents his certi.
ticate of election, lie may at once be admitted
or rejected; or, should there be any question
as to lrls eligibility, his credentials may be re-
terred for investigation to the proper commit
tee. If admitted to scat, it must lie upon teyi-
deuce satisfactory the House ofwhichh he thus
becomes a member, that he possesses the re-
fuisite constitutional! and legal qualifications
Ii refused admission as member, for want of
due allegiance to the Government, aud return
ed to his constituents, they are admonished
that none but persons loyal to the United
States viii 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 vitality affecting the restorationof the Union
and the permauency of our present form of
goycrnmentfmy convictions, heretofore ex-,
pressed, have undergone no change but, on
the contrary, their correctness has been con-
frmed by reflection and time If the ad.
mission ofloyal members to seats in the re-
spective Houses of Congress was wise and
expedient year ago, it is no, less wise and
expedient now. If this anomalous condition
IS right now-if, in the exact condition of
these States at the present time, it is lawful
to exclude them from representation, do
not see that the question will be changed ty
the efflux of time, Ten years hence, if these
States remain as they are, the right of rep>
resentation will be no stronger-the right of
exclusion will be no weaker: io3
Duty Of tie Executive. q"
The Constitution of the United States makes
1t the duty Of the President to recommend to
the consideration of Congress ''such measures
as he shall judge necessary or expedient." [
know of no measure more imperatively de-
manded by every consideration of national in
terest, sound policy, aud equal justice, than
the admission of loyal members from the now
unrepresented States. This would consum-
mate the work of restoration, and exert a
most salutary influence in the re -establishS
ment of peace, harmony, aud fraterpal feel
ing. 1t would tend greatly to renew the con-
fidence of the American people in the vigor
and stability of their institutions. 1t would
bind us more closely together as nation, and
enable us to show to the world the inherent
and recuperative power Of a Government
founded urOn the will of the people, and es.
tablished upon the principles of liberty, jus