Weekly Calaveras chronicle., 1866-04-07

quorum to do business, but smaller
number may adjourn from day to day
and may be authorized to compel the
attendance of absent members, in such
} manner and under such penalties as each
House may provide. 1t has reference
to organization and nothing else. 1,
says, further, that each House may de.
termine the rules of its proceedings,
punish its members for disorderly be.
havior, and with the concurrence of two
thirds expel member. 1t provides
that each House shall keep a journal
of its proceedings, and from time to
time publish the same, except such parts
as may, in their judgment, require Sc
crecy; and the yeas and nays of the
members Of either House on any ques-
ton shall, at the desire of one fifth of
those present, be entered on the Jour-
nal.
1t also provides that neither House,
during the session of Congress, shall,
without the consent of the other, ad-
journ for more than three days, nor to
any other place than in which the two
Houses shall be sitting.
Mr.. Speaker, have given you the
whole of the fifth section, showing what
its provisions are. 1t has reference to
the organization of Congress and the
Government of each House while in
session, and gives no legislative power
whatever.
| In this section do we find what we
are required to do, and what is insisted
upon by the Executive that we shall
confne ourselves in considering the
cases of these eleven States which have
been in rebellion and which have oc-
casioned the sacrifice of five hundred
thousand lives and the burial of millions
of the substance of the Union ? Their
Representatives have vacated these
seats for four years of their own accord,
and in the meantime those States have
occasioned the losses I have stated
When they come to our doors and ask
to be admitted we are told by the Exc
cutive of the Union we shall act only
under the fifth section of the first arti-
Gle of the Constitution, which has ref
erence only to the organization of each
body, and where no legislative power
} whatever is given to Congress. We
are told that it is only for the separate
action of each body. IfSouth Carolina
presents her Representatives at our doors
and asks to be admitted, we are told
all We can do, if any question is raised
as to their right to seats, is simply to
refer their credentials and papers to the
Committee of Elections and that they
are to consider the whole matter. They
; are to be empowered by this dictum to
consider this whole matter and to decide
the condition of the southern States.
I simply say this: that if each branch
of Congress was to assume to decide a
question Of this character it would be
usurping the powers of this Govern
ment
Sir, the moment the relationship of
States to the General Government is
disturbed we can 60 behind these prop
ositions laid down in the fifth section.
The moment the inquiry is raised as to
the condition of any State in the Union,
it becomes matter of Legislation, and
when il does it is taken away from each
branch BY itself and must be the joint
act of both branches of Congress.
What is his opinion? Let me refer
to his annual message to see what Ian
! guage he uses:
"The amendment to the Constitution be-
ing adopted, it would remain for the States,
whose powers have been SO long in allegiance,
to resume their places in the two branches Of
the National Legislature, and thereby COM
plete the work of restoration. Here it is fol-
you, fellow-citizens of the Senate, and for
, you, fellow-citizens of the House of Rep
futr 60. \ IL. E.
selves, of the elections, returns, and quali6-
. cations of your own members"
| The President of the United States
brings them to the doors of Congress
and then tells us all we have right to
do is that each branch for itself shall
consider this question. We find the
same thing reported in the veto mes
sage. We find that he is persistent on
this point. He says:
"I would in nowise interfere with the dis.
cretion of Congress with regard to qualifica-
tions of members"
The elections, returns, and qualifca.
, tions of members are embraced in the
, annual message, and only the quali6ca.
tions are found in the veto message.
: Mr.. Speaker, I have no animadver.
} sion to make, and it is not my business
, in the brief hour have to speak. My
: business is to show the distinction be.
7 tween the course Congress is pursuing
: in vindication of its acts and that pur
.nad h.r thn Exaa.,4;.. IL LII l..