The home journal. (Winchester, Tenn.) 1858-188?, 1866-12-05

Dc preserved; tnat not even py an amend
rnept Of the Constitution can any State,
without its consents be denied avoice In
that branch In the National Legislature.
It is true, it has been assumed that the
existence Of the States was terrnin ated by
the rebellious acts of their inhabitants,
and that the insurrection having been sup.
pressed, they were thenceforward to Be
considered merely as conquered territories.
The Legislative, Executive, and Judicial
Departments cf the Government have,
however, with great distinctness and uni
form consistency, refused to sanction an as
sumption so incompstible with, the nature
of our republican system, and with the
professed objects, of war, ,Thrpughout the
recent legislstion If Congress, the uhdehi.
able fact makes itself apparent, that these
ten political communities are nothing less
than States Of this Union. AT the. very
commencement of the rebellion each
House declared, with a unanimity as
remarkable, as it was signi6cant that the
war was not "waged, upon our part, in
hny spirit of oppression, nor for any pur'
pose Of conquest or subjugation, nor pur'
pose OF overthrowing or interfering with
the rights or established institutions Of
those States, but to defend and maintain
the supremacy OF the Constitution and all
laws made in pursuance thereof, and 70
preserve the Union with all dignity, eqali-
ty,. and rights of the several States uninl.
paired; and that as soon as these objects
were accomplished the war ought to
cease" In some INSTANCES Senator's were
| ~ 1,cA ~. IL Al - L. IL
tions, 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 endeavoripg to maintain that
right by force of arms. All of the States
whose people were in insurrection, as States,
were included in the apportionment of the
direct tax of twenty millions of dollars an
nually 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 representation there.
under, also recognized their presence as
States in the Union; and they have, for iu-
dicial purposes, been divided into districts.
AZ States alone can be divided. The same
recognition aprearsin the recent lecisl Nan
| in reference to Tennessee which evidentlv
rests mon the fact that Tia functions of the
State were not DESTROYED by the rebellion.
but merely suspended. and that lprihoiple
| is of course applicable to those States
which, like Tennessee. attempted to re-.
lnounce their places In the Union, .
| The action of the Executive Department
of the Government upon this subject has
been equally definite and uniform. and the
purpose of the war was specifically stated
| In the Proclamation issued by my pfede-
cessor on the 22d day of September, 1862.
| 1t was then solemnly proclaimed and de-
clared that thereafter, az heretofore, the
war will be sprosecuted for the object of
practically restoring the constitutional re-
| iation between the United States and each
of the States and the people thereof in
which States that relation is or may be sus-
pended or disturbed"
The recognition of the States by the Ju.
dicial Department of the Government has
also been clear and conclusive in all pro-
ceedings affecting them as States, hail in
the Supreme, Circuit, and District Courts.
In the admission of Senators and Repre-
sentatives from any and all of the States
there can be no Just ground of apprehen-
sion that persons who are disloyal will be
clothed with the powers of legislation; for
his could not happen when the Constitution
and laws are enforced by vigilant and
faithful Congress- Each House is made
the 'iudge Of the elections, returns, and
qualifications of its own members" and
may, with the concurrence of two-thirds,
expel member" When Senator or
Representative presents his certificate of
election, he may be at once admitted or
rejected; or, should there be any question
as to his eligibility, his credentials may be
referred for investigation 70 the appropriate
committee. If admitted to Il seat, it must
be upon evidence satisfactory to the House
of which he thus becomes member. that
he possesses the requisite constitutional
and legal qualifications. IT refused
admission as member ior want O
due allegiance to the Government
and returned to his constituents. they ar,
.j.,,;nl,.d ,,,n, nov. h,,, ,orson, Ior,I :,
auihOhlsheu that home pu' Persohs ioya' !"
the United States VIII be allowed voice II
tho J,eoislative Councils of tha Nation. anC
tho no1;t;onl no,ver and mora, influence n
i Congress are thus effectively exerted in thu
;r+orostu of Ioyaltv IN tha i,overn,,ent an,
nn " - .I:a
nueilty 10 the union. upon 'hls question:
10 vitality etiecting the restoration of th
JTnion and The nermanencv of our presen
chio'i anu 'no Pe.'"ne"oy y: W, is~a
form OF government, my CONVICTIONS, mere
tOfpre expressed, have undergone no change
H., -, H. oo,tr..,, tLo;r corroc,nesu ha
pu', vi w .on'"! h'' !,,aaa,;o,, .n I'D ,;n,a