The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1866-10-27
THE ISSUES.
Ii shat Body Of yIen styling them.
selves ahe Congress. eSuifty
of GsurPatiOn
Whose and What Rights Have
lhey Usnrped

Events that it seems possible, if not pro-
babie, may e..sue within the next year. ap.
pear TO make an inquiry into the legal
powers OF that body of men. who during the
la, year have assumed t. act rs tie 39th
Congress of the United ~tates, one of sufii-
cient Importance to merit carefui attention.
The precise questions, H., are that body of
men now legal tribunal, for any purpose,
except to examine and pass upon the cleo
;ions, returns aid qualifications" of seventy
persons, elected members of the senate and
house of representatives, as co>senators, aud
eo-represe .tatives with themselves, they
having definitely excluded the said seventy
co-senatOrs aI-i co~i resentatives from aImIs-
sion as members OF their tribunal?
H. If, notwithstanding such definitive ex~
clusion, they are legal tribunal, endowed
with the general pow RS and Jurisdiction to
.egislate, conferred by the constitution upon
a congress OF the United States, then, III the
exer.ise of that power and jurisdiction. are
they g gIilty OF u,urpation of the rights,
liberties and franchises, o. the constituencies
people aud states respectively, of those
severty ez.lrded members?
III. Are the said persons, so assuming the
powers and Jurisdiction of q congress OF the
Unilcd States, guilty also OF a usurpatlOn of
the ri tights, liberties and franchises of large
proportion OF the freemen OF the remaining
twenty six slctes-that portion of them, to
wit, who are of the opinion that ii is the duty
of the said persons so assuming to act as Il
congress, toprOceed TO examine ''the elections
returns and qualifications OF the seventy ex-
cluded member and to pass judgmen upon the
same, and that the performance of that duty
is :. question in whici. they have a title and
interest?
" If the said persons assuming to act a.
a congress are endowed with general power
of legislation. are they a congress. in fact
and in law, (de fIcto st de .jure.) or are IT, ey
a congress in tact only. and not in law?
Are questions. as apprehend which one
half OF the American people'have the right TO
ask the other half OF them, aud to demand
their answer thereto; ana to demand that
such answer should b. cauildly. thOughtiul!y.
honestly given. The chief Importance OF an
examination aud decision OF the first guess
ton, IL Is prObabe ,lIIseS from the fact, hat
the remedy in that case. If the prOUos on Is
answered IN tie negative, may be different
from the remedy in case the second AID
third propositions are answered In the
affirmative. d. not propose III this paper,
however, 10 discuss the remedy in either
case.
do rot doubt. that upon the ground that
good order and the interests of society re-
quire that the said assamJ'a- Of men Should
be recogLiZel a. a congress in tact, tt1- tI-.D)
that the proper Tribunal. in a proper cas-
would SO decide. | shall not nJH-,s. IL4,
proposition thse.Orc, or examine It.
1t Wi! hardly lie Contested. that lie chief
OBJECT of prec Sc written constitution in "a
republic is, to guard the rights, liberties and
frauch ses of minOg.trs .rum beng survrrt.
by NJ iorities. 4 President. backed BY a
majority. MI lLt. If the constitution did not
guarl. and >hie'd. and guarantee. the rights.
liberti and franchises o! IA minority. rramplc
those rights, liberties aud franchises under
foot 4 congress, backed by ma jOrIiy
might, if the constitution did not guard and
shield and guarantee the rights. liberties aud
franchises of the minority. lie those
rights. liberties an! franchises under their
feet. 4 Supreme Court, buckeI by = ma
,jority, might, if the constitution DID not
throw il ting 3gis over u.OnUrltJes.
subvert their rights and liberties. BY = usur>
patton Of power embodied in its DEGREES We
have already seen danger rom each of these
sources. Che danger Is therefore not a
specuar but real one So long as he
minority can appeal to the ballot box. with
all the guarantees Of the constitution Of that
right paired, they are safe III their rights,
liberties and franchises, h.we-er uuEise!y.
corrupty, or CppressIyely tie majority may
govern. The more unwiselv. corruptiv or
oppressively the majority govern, go much
better the chances o. the minority TO change
places with them, and govern. better Il tley
will. But if a rntjorir' usurp the right OF a
minority TO appeal 70 the ballot box. with all
the guarantees OF that right. confeNed by the
constitution, or anuul that right, or essen
tally impair IL, the Gaze becomes serious
one Experience teaches, that a right so
usurped, will never be voluntarily restored.
Tie alternative to which minority IL reduc-
ed N that case Is. 10 surrender their nights.
liberties and franchises u;o the hands Of the
majority, or fight for then. I he matter
embraced in the first proposition is, whether
the body OF men assuming to act the seth
congress, whether they congress III fact
(de fdctOl or not, whether the exercise by
them OF legislative powers is usurpation or
not,--are a legal tribunal, composed accorf>
ing t. the requirements OF the constitution.
Those require .nen.s are, that congress shall
consist of a senate and house OF represen>
tatives. That the house of representatives
shall be Composed of members elected every
second year by the people of the several
one representative, art /, srcs. and 3
That the senate OF the United States shall be
composed" of Two senators from each state,
Cart l, sec. 2.) That s no state without its
consent shall be deprived of It's equal sutfrag &c
in the Senate (Art. ), sec. / These are
all the provisions OF the constitution. ueces'
sary to be quoted. relating to the mannei
and III materials, how and wherewith that tri'
buna called congress shall be ''composed
Two of its powers are, /. q" That each house
shall be ,be judge of the elections, returns
and qualifications of its own members" ,
"That majority of each House shall con
stitute a quorum ID do business. Aud these
quotations appear to be all that are
necessary to be n ade, i'll order to arrive at {
full understanding of all of the questions
presented. Undoubtedly, if Virginia, Nortl
Carolina, South Carolina. Georgia, Florida
Alabama. Mississippi, LouiSania, Texas am
Arkansas, are no snger states OF this Union
then that assembage of men, who have as
sumed to act as the 39th congress, are tina
congress.
And it is equally clear, that if the ten dis
sticts of country named, are in fact and l
law, states of this union. then, that b
defnitive exclusion of the fifty representa-
ives. aud twenty senators, which by the col
siItu ION they have a rightrtO have enter INT
the "composition" of the congress of th
United States, leaves those who remain
body not SO composed" as the couStitutio
OF the United States prescribes a congre:
of the United States shall be. 1t is n,
composed" as the constitution comm aud
it shall be. of at least one representative frol
every state. 1t is not "composed' as IL
constitution prescribes if shall be, of Nv
senators from each state. The ma,eria
which the constitution Presegibes shall eiiei
into the composition OF The tribunal bnna %
congress are not in the assumed, % -,
that now calls itself so. II a 80 Iii
materials which the constitutjeef, o., ,rha,
'compose" a congress may von have Isf
part may be left out? U; y,,;, 49,, Won bare 1
only majority? Whyr or ,e1,h i"tt