New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-05-08
a SERIOUS QUESTION.

Ihe anomalous position now occupied by tht
Southern States towards the legislative depart
ment of the government might possibly give ris
to questions which seem not to have been antci
2 pated by the Republican majority, Presiden
johnson has, himself, suggested one of thos
questions by intmating in his veto messages, ans
id his speeches, doubt Of the validity of tn,
legislation Of a body emasculated by the extrusiol
of the Senators and Representatives of a number
of the States comprising the Federal Union. The
Presidents objections related simply to acts affect
4 ing the excluded States-such for instance, as a
tax law which might embrace those States in the
sphere of its operation; thus violating the estab-
1 lished principle Of mo taxation without repre-
sentation." But a closer analysis shows that the
objection rests on wider grounds, and affects not
merely the validity of specific acts of legislation,
but the genuineness of the legislative body itself.
1t Is true that this question has not arisen, and
that, indeed, it may not arise but it is one which
is involved in the possibilities of the political situa
ton.
| In the case of the two bodies now in session at
! Washington one claiming to be the Senate, and
the other claiming to be the House of Representa-
/ tives of the United States-there is no actual
! ground for dispute. But it is quite conceivable
that such grounds might be presented, and that
the remarkable and perplexing case would arise
of two separate assemblages each consisting of
duly elected Senators and Representatives, and
each assuming to De the true and legal Congress
Of the United States. The point was very plainly
and very forcibIy put by Mr. Garrett Davis, Of
Kentucky, in a recent speech in the Senate, and
still more lately in the course of a debate on the
appointing power of the President. In reply to
an AFT IA +;
speech, by Mr.. Henderson of Missouri
Mr.. Davis stated the question thus: 1t is
made the duty Of the President to communicate to
Congress information on the state Of the country
and to recommend for adoption such measures as
he may deem expedent or necessary. But, before
he can discharge this duty, he must ascertain what
body of men really constitutes Congresses
cially if there be four separate bodies two claim
ing, as against each other, to be the Senate, and
two others similarly claiming to be the House.
Mr.. Davis might have referred likewise to the
contingency Of acts of legislation, emanating from
these antagonistcal bodies, being presented to
him for his approval. Before signing any bills he
would have to decide, at least for himself, the
question of authority It would not be enough
that one set Of men should occupy the ordinary
halls of legislation for that set might be pre.
tenders, or usurpers. It would not be enough that
one set should embrace Mr. Sumner and Mr.. Ste
VEINS, and should be composed exclusively of
radical Republicans. These facts would throw no
light on the disputed point. They would be en-
tirely outside of the question at issue. 1t would
seem then that in such case the President would
have to be guided by the simple fact of relative
numbers that is to say, he would decide that the
body embracing the greatest number of legally
elected and qualified Senators was the true
Senate, and that the body embracing
the greatest number Of legally elected
and qualified Representatives was the true
House of Representatives Mr.. Davis went on to
apply these principles by declaring that if the
Southern members were to assemble in company
with sufficient number of members from other
States to constitute q majority of each House
respectively the President would have the right
to decide between their claims and the claims of
the minority and that it would be his duty to de-
eide in favor Of the majority.
Itwould seem that question SO serious and
important as this question really is, would be
treated with some degree Of respect and consider,
alton. But the radical majority seems SO fully per
suaded Of its own sacramental existence, as flowing
directly from the Constitution, that it could mot
able. The radical members, therefore, imme
diately made violent onslaught on the Kentucky
Senator, charging him with having proclaimed a
principle at once revolutionary reasonable and
This is certainly very short and easy method |
Of settling the question, if it could only be made
effective. Once let it be established that any man
$ a traitor and deserving Of being hung by the
leek until he is dead, should he presume to doubt
he sanctity of radical opinion, or the divine an.
horitg Of the Republican party, ana the Congress.
ional majority will be very apt to have things en-
rely their own way But it is not yet settled that
o entertain any particular opinion on question
hecting the relations Of the different branches Of
he government and the authority of legislation.
crime either in morals or in law and, fortu
latey although the radicals may have all the will.
hey have not quite the power to hang everybody
hat does not agree with them on legal and ethical
questions. They may, however, make use of this
pretext to expel Mr.. Davis from the Senate; and
perhaps they will continue the expulsory process
until they are left all alone in the serene contem-
plation OF their own immaculate majesty. This il
what they mean by freedom Of opinion and liberty.
Of conscience. ANY color so it is black.n Think
any way you please, only SO you think as thew
think-otherwse you are rebel copperheadItI
a traitorI!