The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1866-02-15

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NIT those representatives from Arkansas up
ON this floor believe the Senator from
MARYLAND voted to exclude them. If he
held Arkansas to be State, | would be Gu
rious to know upon what ground he could
Justify his vote to exclude them from this
senate. If the constitution gives to state
any right whatever, it is a right TO be rep
resented in this body by TWO representatives.
1t is right given to every state. Where-
ever you find an American state. 1t has the
right to send two representatives to the sen
ate whichis composed of two members from
each state, chosen by the Legislatures Of
the different states
If the Senator said then, or says now
that Arkansas was then state, / cannot
conceive upon what ground he can justify
his vote excluding her srepresentatlvess-z
What reason was there? Perhaps all tile PEI.
pie Of Arkansas did not participate in tn
election Of the Legislature which chose those
those senators. Why did they not partici
pate III it Because they would not be-
cause they were 10 rebellion U The Senators
chosen represented, nobody doubted. the
loyal people of the State Of Arkansas What
reason was there, therefore, for excluding
those senators from their seats here, except
that they did not-represent the men who
were fighting against the flag of the United
States 2 ] thought that the small portion of
Arkansas ought not to be treated as the
State of Arkansas, and | thought the Leg
isature ought to relieve the -Seuate, to re
lieve the House Of Representatives, to re-
lieve the President, to relieve every branch
and agency of the government from the
necessity of respecting, that portion of the
people known as the State of Arkansas; hut
until We were relieved did not think was
authorized to ignore these statutes; so Va
ted for their admission.
And so upon the same ground precisely
] voted to count electoral votes given ny
Arkansas and louisiana and Tennessee Ia
the choice of President and Vict-Pres,dent'
l thought if they were states they had the
right to vote for President of thu United
States. If state has not the right TO vote
for President what right has she If that
right be not uuequivocally conferred by the
constitution, there is NO right gwen to
state. And yet, think, the Senator from
Maryland voted to deny each Of those com
munities the light to vote for President anu
Vice President. y
| do not Concede that II the statutes ii
ted by the Senator from Maryland recogniz,.
those communities as states by any manner
of means. Some of them think do, espec
tally some of those cited from the legisa-
ture of 1861 aud 1862.
But the senator parades one argument
before the Senate that seemed to me not
quite sincere However, | ought not to say
that he did not mean it to be sincere Tie
parades a Proclamation issued by the Presi-
dent Of the United States in 1861, III which
under the instruction of all act of Congress
the people were invited to pray for the re-
esta lishment OF law, order and peace
throughout the whole extent of our coun-
try, and because our people were invited, in
1861, by the President Of the United States
to pray for the re-establishment of law, or
der, and peace throughout the whole extent
of our country he thinks the Congress of the
United States is preeluded from insisting
that those men who were destroying the.
peace and order of the country had forfeited
the prerogatives which under the Cnnstitu-
ton, are given only to loyal States be-
lieve that prayer was offered up sincere v
aud | believe it has been answered The
Almighty has aided us in bringing the conn
try so far toward peace in bringing the
country to peace il we have it, The war is
ended was ended months since order has
not yet come, but order is within our reach
1t we are only as brave and as honest
as the army has been; if we whose business
it is to seek order, to invoke order, are only
as firm as were those men whose business
1t was to to command peace, the work will
be completed. think if the Almighty ev-
er aided any country He has aided this =
lie did not, to be sure, raise up children out
OF the stones unto the Republic, but lie did
enable us to raise almost two hundred tnou-.
sand children out Of things for the Republic,
and they served the Republic in bringing
about this peace. Having answered our
prayers in chat most signal manner, do
not think we ought to fling the victory back
INTO His face, or trample down the children
tie raised up for our use into the dust again
But, sir, there is another difficulty in the
way of this resolution suggested by the SEN
ator from Maryland There is a statute on
your books which authorizes the Judges of
the Supreme Court to partition the country
into judicial circuits aud to alot the Judges
OF the court to those several, circuits. and
they have done it, and having apportioned
these lately rebelious districts into circuits
III accordance with the provisions of those
laws the Senator thinks we must regard
them as states because only states are in
Guided III such circuits, Why, sir, they
have been in such circuits ever since the
war commenced; they have been included
under these allotments III circuits, No
courts have been held there. 1t is not ab.
soutely essential Itake it, to the existence
OF the governments that courts should be
held there They are held in no territories;
they are held nowhere except where there
are existing states which allow them to be
held; aud yet no law is violated by us no
law Is disregarded by US; it is their fault
that the judges have not been allowed to go
there The tenure OF the judges is not at
tected by the fact that they cannot hold cir.
cults; hey still Continue to be judges OF
the supreme court, whether they ever take
their seat on the bench of
circuit court or try case at ntst l,tus III
i'll their lives or not; and it is only the su
preme court which is created by the consti
tuition. The other courts are the creatures
of law.
The Senator says the district Judges have
been appointed for some of these districts
and he accuses me Of having voted for their
confirmation. really cannot say that
never did vote for the confirmation OF one of
those judges. | should be very sorry, how
ever, to have it proved upon me. A great
many combinations have been made, | sup.
pose, while was sitting in my seat here,
and which | must be considered as having
voted for, and yet to which | never did
give any intelligent assent, and never
did give any intelligent assent to the con
firmation Of a judge of district count with
i'll any of those districts. never meant
that judge should be confirmed to any OF
those districts, without raising a question
upon them. But the fact that such Az
pointments have been made and have been
confirmed is no embarrassment to the Legis
lature. These courts themselves are the
creatures of the Legislature The Senator
says that their terms exist during life or
good behavior think they will not out
last the COnrts in y,bi