The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-12-03
Profound Regret.

Congress- has thus far failed TO admit TO seats
loyal Senators and Representatives from the
other States, whose inhabitants with those OF
Tennessee, had engaged in the rebellion. Ten
States, more than one-fourth of the whole mum
ber, remain without representation; the seats
OF fifty members in the House of Representa-,
tives and twenty members in the Senate are
yet vacant not by their own consent, not by q
failure of election, but by the refusal of Con-
gress to accept their credentials Their admis-
sion 1t is believed, would have accomplished
much towards the renewal and strengthening
of our relations as one people, and removed
serious cause for discomfort on the part of the
Inhabitants of those States. 1t would have ac-
corded with the great principle enuncated in
the Declaration of American Independence,
that no people ought to bear the burden of taxa
tion, and yet be denied the right OF representa-
tion.
1t would have been in consonance with the
express provisions of the Constitution, that
"each Stale shall have at least one Representa-
tive" 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 representation in each House
OF Congress; and so important was 1t deemed
by the trainers OF the Constitution 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 voice in that branch of
the National Legislature
Congress Refractory.
1t is true, it has been assumed that the exist
ence OF the States was terminated by the rebel
lious acts of their inhabitants, and that the in
surrection having been suppressed, they were
thenceforward to be considered merely as con-
quered territories. The Legislative, Executive
and Judicial Departments of the Government
have, however with great distinctness and uni
form consistency, refused to sanction an as
sumption so incompatible with the nature of
our republican system, and with the professed
objects of the war. Throughout the recent legis-
lation of Congress, the undeniable fact makes
itself apparent, that these ten political COM
munities are nothing less than States of this
Union At the very commencement of the
Rebellion, each House declared, with una
nimity as remarkable as it was significant, that
the war was not "waged, upon our part, in any
spirit of oppression, nor for any purpose of
conquest or subjugation, nor purpose of over
throwing or interfering with the rights
tablished institutions of those States, but to de-
fend and maintain the supremacy of the Con-
stitution and all laws made in pursuance there
OF, and to preserve the Union with all the dig
nifty equality and rights of the several States
unimpaired; and that as soon as these Objects
were accomplished the war ought to cease"
In some instances, Senators were permitted to
continue their legislative functions, while in
other instances Representatives were elected
and admitted to seats after their States had for
mally declared their right to withdraw from the
Union, and were endeavoring to maintain that
right by force of arms. All of the States whose
people were in insurrection, as States, We're in
cuded in the apportionment of the direct tax of
twenty millions of dollars annually laid upon
the United States by the act approved 9Th of
August, 1861. Congress, by the act of March 4th,
1862, and by the apportionment of representa-
tion Hereunder also recognized their presence
as States in the Union; and they have, for judi
cial purposes, been divided into districts, as
Gu Cnlnr ba a 1iyt1 1n1 hp oTNon
tion appears in the recent legislation in refer
ence to Tennessee, which evidently rests upon
the fact that the functions of the State were not
destroyed by the Rebellion, but merely sus-
pended; and that principle is, of fcourse, applica
BILE to those States which, like Tennessee, at
tempted to renounce their places in the Union.
Action of the Executive.
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 Procla-
nation, issued by my predecessor, on the 22d
day of September, 1862. 1t was then solemnly
proclaimed and declared, that thereafter, as
heretofore the will be prosecuted for the OBJ
ject of practically restoring the constitutional
relations 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 Government, has also been
clear and conclusive, in all proceedings affect
ing them as States, had in the Supreme, Circuit
and District Courts.
Presidential Opinion About Southern
congressman.
In the admission OF Senators and Representa-
tiVes from any and all the States there can be
no just ground OF apprehension that persons
who are disloyal will be clothed with the powers
of legislation; for this could not happen when
the Constitution and laws are enforced by a
vigilant and faithful Congress. Each House is
made the "iuuRe elections. returnS
qualifications of its own members" and may,
with concurrence of two-thirds, expel mem
ber." When Senator or Representative pre-
sentS his certificate of election he may at once
be admitted or rejected; or, should there be any
question as 10 his eligibility, his credentials
may be referred for investigation to the appro-
pirate committee. II admitted to q seat, it must
be upon evidence, satisfactory to the House, OF
which he thus becomes member, that he pos
the requisite constitutional and legal qua
litications. II refused admission as a member
for want of due allegiance TO the Government,
and returned TO his constituents they are admo-
nished that none but persons loyal to the United
States will be allowed a voicein the Legislative
and moral influence of Congress are thus effec-
lively exerted in the interests OF loyalty to the
Government and fidelity to the Union. Upon this
question, vitality affecting the restoration of
the Union and the permanency of our present
form of Government my convictions, hereto
| fore expressed, have undergone no change but,
on the contrary, their correctness has been con-
| firmed by reflection and time. If the admission
| of loyal members TO seats in the respective
Houses of Congress was wise and eXpedient
| year ago, it is no less wise and expedient now
| II this anomalous condition is right--if in the
exact condition of these States at the present
time, 1t is lawful TO exclude them from repre-.
changed by the efnux OF time. Ten years hence
| IL these States remain as they are, the right OF
representation will be no stronger-the right OF
| exclusion will be no weaker.