The Daily empire. (Dayton, Ohio) 1865-1867, 1866-03-31

A crisis Is fast approaching which Is 10
determine whether this Government Is to
continue a constitutional Confedcracy, or
an irresponsible and centralized despotism
The present Senate aud House OF Repre-
seutatives at Washlugtonfs is nat The Com
gress ftLe United States. The people Of the
States of Virginia, North aud South Caro-
lima, Georgia, Alabama, Mississippi, Louis-
ana, Texas, Arkansas, Florida and Tcnncs-
see, are uncprescnted' in either branch Of
that body. Those States. nevertheless, have
acted upon the amendment proposed by
Congress 10 the Constitution Of the United
States, abolIshlng slavery, and have given
II validity. They have repealed the ordi-
nances of secession. or pronounced them
null and void. They are therefore ugain
States of the Federal Union. II Is because
their people are again within the jurisdic-
ton of the United States Governments that
slavery is conshtutionally abolished. They
are therefore entitled to voice in all legis-
lation that concerns them.
The President Is struggling TO maintain
the organic character of the Government
ns prescribed in the Constitution OF the
United States. a body, calling itself the
Congress, is seeking to impose laws upon
eleven States. subverslvc of our Fedora
system, and exclude from their delibera-
tions representatives from those people
they usurp the right to govern. II is inn
possible 10 maintain our present form of
Government, and al the same time 10 treat
he SoUh ne a conquered people. The re-
bellion has been suppressed. All the indi-
viduals actually engaged in it may be dealt
with by the Federal authorities, by prose-
cution for a specific oiTcnsc. or by amnesty
and pardon. Ms may seem most wise, Just
aud judicious. 1t is the province of the
Judicial Department to do the first and OF
the Executive TO do the latter. The Legis-
lativc Department possesses no constitu-
tional authority % aiilX any disability to
any individual by reason Of an alleged par
ticipation in tho rebellion. -a r
The Constitution of the United States
prcscribcs the qualifications for Senators
and Representatives. Congress has no
more right To forbid the admission of an
elected Representative, because he was en-
gagged in the rebellion, than they have to
exclude man because he has been guilty
of any other alleged crime. .sr
The Constitution declares, Cart. /.
Sec. D. Each House shall be the Judge
Of the Election returns and qualifications
of its own members" but 1t is the Constitu-
tion itself which prescrbes these ''qualiil-
cations;" art. |. See. ~ mo person shall
he u Representative who shall not have at
tained TO the age of twenty-fvc years, aud
been seven years a citizen of the United
States, and who shall not when elected be
an inhabtant of that State In which he
shall be chosen"
Judge SroRY says in his Commentaries on
the Constitution, that these prescribed
qualifications exclude all others.
Upon the theory that Secession is uncon-
stitutional there has not been an hour dur
ing the last seven years that JEFFERSON
DAVIS even, has not been citizen OF the
United States BECAUSE Mississippi passed
an ordinance null fom the beginning, and
Unauthorized by the principles of the Fed
eral Constitution, TO secedc, that action can
not have mnullcd the citizenship Of any
them to fulfil their obligations us citizens,
that the war war waged. But II Is not
upon this ground that the Representatives
from the Southern States are excluded. A
test oath Is presented TO them which they
can not take without perjury. There Is no
Constitutional authority IN Congress to
prescribe dRv test oath. If n majority can
prescribe n test oath at all, they can easily
devise such one rs 10 perpatuate forever
their own power. d. 4D Rf1 ..II
The Constitution of the United States
prescribes distinctly what sort of body
shall execute the Legislative powers of this
government.
AnT. l. rsEe A. Declares, That all Legislative
power herein panted shall he vested N COS.
uRK9S OF rHE UNITED STATES which shall consist
Of sEsAlE and uousEop REPRESENTATIVE
w rfif Prortsop f firt SEVERAL sfA4s ' ae. s'A'
sEo. 3.-'rho SENATE of the United States SHALL
chosenby the Legislature thereon for Nix years.
Neither the present House Of Represeuta-
tives nor Senate at Washington are consti-
tuted In accordance with the above require
ments.
So long rs the States were IN rebellion,
ana rdased 70 sepd SENATORS or hepresen-
tGtlves to Congress, the Legislative power
could be,eopstItutionally exercised without
thcm--for they had no right to take ad-
vantage Of their own wrong, 's.n
But that state Of things no olonger exists
Resistance TO the Constitution and Laws OF
the United States has ceased. The Federal
Jurisdiction is completely restored. As