The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-01-16

cause there are at present so many
more Of such excluded persons in the
former. This may be true, but it does
not affect the principle or the justice OF
the provision. The South decide tor
themselves tha! these persons are not
tit to exercise political power, and they
should not expect to avail themselves
of "a power as against others which they
ignore among themselves. The princi-
pie is eminently just in itself, and
should be accepted as such every where
throughout the land.
The third section renders ineligible
to Office any person, who, having as an
officer previously taken the oath to sup
port the constitution of the United
States, shall have engaged in rebellion
against the same. But this disability
may be removed by vote of two-thirds
of each House Of Congress.
The ruling spirits of the South deter
mined no longer to submit to the gov
eminent, and defied its authority, and
set up for themselves, within its juris-
diction, a separate and alien OrganiZa-
ton. Some claimed the right to do SO
under the constitution. OtherS,-and
it is believed "A large majority,-as may
we'll be- recollected, made no such pre-
tensions, but went into the conspiracy
with the declaration that "f success
full" they were "revolutiOnlstSi II
unsuccessful" they were rebels" ana
would submit to the consequences.
Whether Of one class or the other, how
ever, all were aware of what their act
was held to be by the country gener-
ally, and by the constituted authorities
OF the United States; and they must
have expected, il unsuccessful, to for
felt, not political rights merely, but
much more. Whatever the opinions of
men in the South were, the triumph of
the government has decided that they
were engaged in u rebellion. and are
rebels, and are liable to De treated as
such. In fact, thousands of them have
themselves acknowledged this by sue
ing for pardon as such.
The government, instead of enforcing
the laws and taking the benefit of the
fOrfeitures resulting from the act OF re-
belliOn, and Illuminating the partici-
pants by trial for the ofIense, AS it had IA
right 10 do, now proposes simply to
withhold political power from the par
ties admitting themselves to be- rebels
until they show their purpose to be
loyal. Instead of humiliation aud the
enforcement OF the laws, terms OF re-
stOration are proposed.
But IT is not simply the provisions of
the amendment that meet with objec-
ton. IL is contended that in the abb
sence of the representatives from the
ten Southern States, Congress is not
legally constituted, and therefore, can
AlpI DIOpONt any
Whatever To the constitution. If this is
correct position, then there has been
no constitutional Congress since the
Southern members lett il in 1861; and
nll the laws passed for the raising of
men and money, or otherwise provid-
ing for the suppression OF the rebellion,
were inynlid, and were acts of usurDa-
ton II the absence of the representa-
tives from ten States discrepancies the
government, then we are at the mercy
or n minority, and the withdrawal Oi
the representatives of one State, or one
member, would effect the same end:
aud thus we find that this position re-
suits in an absurdity.
But we are not lett to conjecture, on
this question. The constitution is ex-
plicit. Ia article |, section ), of that
instrument, it il provided that IA ma
jOrity or each (House) shall constitute
II quorum To do business, mot of a
particular kind or character, but bust
ness generally; and while there is n
quorum 1t in called the "House." II
will be found, upon examination, that
wherever II Is said in the constitution
that either "House" may do AN act,
this il to he taken in connection with
the provision quoted that an majority
shall constitute a quorum to do bust
ness" aud nowhere in the constitution
is it declared that any other number
than majority is required ITO do bust
ness" OF any kind. And the only diff.
ference between ordinary Legislation
aud II proposition to amend the cOnsti.
tuition is, that in the former case, under
parliamentary rule, II majority of both
Houses il sufficient to pass any meas
ure, while in the latter two-thirds
OF both Houses is required by the
constitution. But two-thirds is
also re- quired TO pass bill over the veto
of the President, and in some other in
stances; vet in these cases 1t never has
been pretended that more than two
thirds OF IL quorum was required, until
since the rebellion.
1t now seems TO be admitted, howev-
er. that there may have been n preteXt
for proceeding with legislation du-
ring the rebellion, while the Southern
representatives were absent in obe-
dience to the command of their States,
yet, AS th0y have now returned by like
command, and ask permission to par
uclpate in the proceedings of Congress
that body is not legally constituted ms
long IN they are refused such permits
sion, no matter what their States NAV
have been engaged in during such alb
sence. But il certainly should not be
entertained for a moment that minor
ity, even in obedience to the command
of their States, can make one number
necessary to quorum ut one time, and
II different number ut another time.
ITO Eult ~ hAtl ny Lne constitution
and continues the same without regard
l" what ii minority, or the States they
represent, may do.
In further opposing the amendment,
the South say that after the conflict Mt
arms wnS over, they accepted the terms
proposed by the Executive and COM
piled with all that he required to re-
= store them to their proper relations to
the government, and TINT IL is not keep
ing faith with them now to require any
further conditions. But it must be
remembered that while the process of
reoTgauizinS the southern States, di-
reCtcd by the President, was going on.
Congress was not in session, and could
not therefore either consent to, or dis
sent from what was being done; that in
some OF the States they were expressly
informed by tho President, and in all
it was understood, that the orSnnizn-
TONS being formed under his procIu-
nations We're merely provisional and
subject TO the ultimate decision OF Con-
Hress. And this was, also, the under
standing of the whole country. As
soon IA Congress assembled, il was APP
parent to all that the policy of reStnrn-
ton which had been adopted did not
meet the appreciation of thut body, and
that they decmed it their duty IA the
law making power of the government
to prescribe such terms OF restoration
to the inSurgont States Hs would secure
the future peace and safety of the ma
ton: and this they did before they adj
jourued, by the amendment to the con-
stitution which is now proposed to the
States for qualifications.
The positioniHssumed, TINT the action
taken in the rebelliouS States under the
proclRmations and orders OF the eNecu-
tive is conclusive on the other depart
ments ofthe government, and that Com
gress has no authority to go behind 1t
and impose additional terms, but