The Potter journal. [volume] (Coudersport, Pa.) 1857-1872, 1867-02-05

majority of all the membere. Now, if The
, confederate States were also States in the
Union for the last six years this House con
sisted of two hundred and forty-two mem
bers, and no business could be constitution
ally done without the presence Of one hun
dred and twenty two members. But fol
all this time we have acted on the hvpo.h.
esis tnat the House was composed of only
one hundred and eighty-four members, de
Quoting fifty-eight for the rebel States and
that ninety-three made a quorum. The
Senate has acted on a similar presumption,
counting twenty-six instead of thirty seven
as the constitutional quorum. Probably
more than haIf.o our legislation has peen
enacted, as will appear of record, when Ell
ther the House had less than one hundred
and twenty-five, or the Senate less than
thirty seven members present. All this
must therefore be unconstitutional and void.
Again, presidential election occurred
during the war. If the confederate States
had not forfeited their privileges as States
IN the Union they We're entitled to cast
eighty electoral votes. These eighty votes
might have decided the contest, and they
might thus have chosen the Commander-in-
Chief Of our Army and Navy to cenduct
the ar against them; or by casting their
votes for Jefferson Davis they might have
defeated an election by the people and
thrown it into this house. What then |?
We vote by States, (articIe two, section
seven and two thirds of all the States
must be represented. If Kentucky and
Missouri had joined the confederaacy as
they attempted to do-and they actually
were represented in it during the entire war
more than one third of the States would
have been absent, and the election of Presi
dent would have become impossible. The
Senate would have encountered the same
difficulty IN the election of Vice President
To perform this duty two thirds of all the
Senators must be present. That number
could not be had in the case supposed, and
so We must 60 without executive officers
until the rebel States choose 10 relieve us
by sending representatives. to aid iH chooS-
ing them for us.
Suppose, again, that pending the war it
had become absolutely necessary to amend
the Constitution, that all parties concurred
IN It's proPriety, and the loyal States were
unanimous upon the subject, it could not
have been done without the consent of the
confederate States, Though formed into
a sePerate republic and conducting a war
with this, not the slightest change in our
fundamental law, however necessary to our
salvation, could be had without their con.
sent. And this state of things would have
continued as long as the war continued,
even if 1t were a quarter of a century worse
than that sir, in the light of this theory
they were States in the Union until releas,
ed or expelled by an amendment of the
Constitution. Such an amendment requir-
ed the consent of all the States. No mat
ter, then, how the war should terminate or
whether it tefmiEsted at all, their power
over US could never be severed without
their consent. Seeding and fighting would
not do, you say, because these were uncon
stitutional acts. But whipping us would
suppose, would be quite as unconstitutional
as fighting. If they had succeeded iu the
war and maintained a separate republic
they could have run their own government
and in part controlled ours in spite of US
The absurdity Of this hypothesis protes the |
truth of the other When a State rebels
and leyies war against the Union, it there
by forfeits its privileges as a State; and can
only be restored by Congress. /
Absurd as the other theory is; upon it
the Secretar, OF State has undertaken to
bring back to the Union the confederate
freighted with all the belIigsr-
ent interest collected by four and quarter
years Of nationality and war. How? Not
by convincing the people; that has been
tried and failed. Not ty executive patton
age, that has failed also. Not by corrupt
ing Congress, for his old lobbyist is power
less here No, sir; he meditates the Sc.
duction Of another cid man who happens
to hold the balance of power in the supreme
Court vague rumors Of mission to Eng
land are afoat. The Secretary seems to
think that man who can betray his con
stltuentS and misrePresent his State will /
make good misrepresentation of the ma
ton abroad; and why not send a second |
champion of his theory to f1aunt his soilet
ermine at the court ofSt. James and neco.
late treaties for tn epayment-of confeder-
ite cotton bonds or a release ofcEaims for
he Piracies of the AIsbamai
But his Judge must have something to
tand upon. The courts follow precedents
md the Rhode Island case stands in the
way. This question Is there held to be a
political one, to be decided by the political
department. Of the Government. Eventu-
lily he will insist that this decision has been {
made and made in his favor. 70 meet 7
his emergency he Is now aud has been for .
ONE time preparing his facts. The eman- I
IpattOQ amendment waS arraa1 m Inv