Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-02-28
rmE REIGN OF UNREAsoN.

I
sense to speak as follows of the danger
Gus precedent set by its party. 1t fore
sees that the time may come, and that
right shortly, when the edge of so mis-
chievous a precedent may be turned
against the faction that now holds it by
the hiIt. The day may come when a
man will be deemed unit to sit in Con-
gress, who voted for the Reconstruction
Acts, on the ground that he laboure1 to
subvert the Constitution: .
The opposition Of Republican Senators
! to the admission of Philip T. Thomas as
Senator from Maryland is. upon the
ground often put forth by Acting Presi-
/ dent johnson, that Congress can refuse
admission to any member who has been
dislOyal, under the Constitutional power
OF each House I" to judge of the elections,
returns and qualifications of its own
members." This is false and perni-
cio1s view of the Constitution. Itwonld
place it in the power of a bare majority
to exclude members at their discretion,
whereas the Constitution requires vote
of twc-thirds to ezpel member. Each
House can judge Of the Legality OF the
elections Of its members, and OF their
qualifications but in this it cannot add
anything to the qualifications laid down
by the Constitution.
This is the ground we laid down when
the admission of members from rebel
districts began to be talked of. Mr.. John
son has often asserted that each House
has this power, and that, therefore, they
need take no care for the manner of re-
construction, for they can keep on reject
ing mem bers until the South elects such
as will suit. But it,is doctrine subver-
sive of the Constitution, and that gives
the legislative body the power TO limit
its number at its pleasure. If the con-
stituency are legally entitled to elect a
Senator or Representative, and ii either
House finds that that constituency has
elected . member in due form, then the
only qualifications the House can in
quire into whether, in the case of q Rep
.resentatiVe, he has the qualifications Of
an eiectOT of the most numerous branch
of the State Legislature, whether he is
twenty-five years of age, and been a Cit
izen OF the United States seven years,
and " as, when elected, citizen of tue
State; or, in the case of 3 Senator,
whether be is thirty years of age, has
been nine years citizen, and was an
inhabitant of the State from which he is
chosen.
This is the extent of the power of each
House to judge the qualifications Of
members. ii the State of Mississippi
we're to elect Jefferson Davis Senator, or
Virginia Robert E. Lee, the Senate, if it
admitted the competency Of those States
to eject Senators at all, would have to
admit these men. It could not exclude
70 oA5 - fro
If q member should commit acis of trea-
son after his election, either House might
legally expel him for it by the concur
renee of tWo-thirds. 1t might, it is true,
by such vote expel him without cause;
but it could not properly go behind his
election to inquire into previous acts.
Constitution and Law suppose some other
way Of Furnishing traitors than by elect
ing them to, ana rejecting them from
Congress.
Nevertheless, since these paragraphs
were written, the deed has been done.
Senator THOMAS has been rejected by
the Senate rs disloyal at the commence
ment of the war. The National Latelyi-
genoer thus speaks Of the action of the
Senate:
The act of the Senate yesterday re-
iectiBg Mr.. Philip +. Thomas, who few
months since was elected TO that body by
the Legislature Of the State Of Maryland,
constitutes one Of the grOsSest and most
daring outrsges ever perpetrated in the
history of the Government. If these
things can be done, no State in the Union
is safe. 1t was but IS that yesterday
New Jersey was stricken down in the
person of Mr.. Stockton, and now two
Radical Senators misrepresent the voice
of her people. To-day it is Maryland
that suffers under the malignant veC=
geance Of this party, in the person OF
gentleman Of lofty and unsullied honor,
admitted abilities, and record IN which
stUdious malice has not been able 10 ind
a flaw or blot. There is not man in
the land, Of sufficient intelligence to
read newspaper, who does not know
that if Mr.. Thomas had come forward as
the ally and accomplice of the Radical
faction, the doors of the Senate wOlld
have fiown open al bis approach. Had
he chosen so to eondescend, 10 might
have taken seat among the notorious
x-secessiOnists, like Stokes and Logan,
who are now leaders Of this so called
"loyal party"
We are glad to be able to state that
number OF the most prominent and able
of the Republican Senators protested, by
speech and vote, against this last cut
rage. Mr.. TrUmbull, Mr.. Bessenden,
Mr.. Howe, Mr.. Grimes Mr.. Freiinghuy
sen, Mr.. Ro;s, Mr.. Williams, Mr.. Cole,
Mr. Upton and Mr.. Anthony, rose above
the trammels of party, and, looking
solely to their oOnsciences and cOnstitu-
ti0nsl duty as GenatOrs, repelled with a
Just contempt the fiimsy s6phistTies and
demsgogue appeals by which this out
rage was vainly sought TO be oloaked.
We are sorry there were not more Ssna-
tors willing TO act thus honestly and in
dependenly. Small as was tine num-
Der, however, they furnish much the
larger portion of the intellect and ability
on that side Of the chamber. They were
overbOFns 6y ngmbers and party ma
lignity which enly stops to ask if man
be 9 Democrat to hunt for pTetenoes to
cover his expulsion.
Never were a series OF objections shown
to be more completely frivolous and
groUndless than those assigned against
Mr.. Thomas. The act Gf the msjOIity
leaves nothing in doubt ss to lis motive.
Ca the future it throws a broad and clear
light. The masses now know what they
have to expect from The hanus OF IAls
faction. Power they mean to retain at
any aud all costs. Already the doctrine
that the right shall prevail has become
with them an obsolete idea, and the only
business which a Radical Congress is
willing seriously to consider is, how a
minority may peFpetuste its power by
the organization and. Reorganization Of
States, the forcing in of Territories, the
Acknowledgement of half a million, and
even more, of yeters and lsstIy, IS we
now see, the Acknowledgement OF one of
the oldest States in the Union-a State
constant in its adherence TO the Union.
1t is a very serious consideration for
the people Of America whether they will
endure or resist this fraud aud violence.
Sooner or later they must make up their
minds to yield finslly to this usurpatiOn,
or put it down, at whatever cost. This
action of the Senate is proof, If any were
needed that tie people cannot too soon |
begin 10 resolve Upon the course they IN /
tend to pursue, II they would preserve
their liberties.
GEORGIA.
Sergeant Bates, the walker with the |
United States flag, was expected in Co. |
l,,,- -, NT0pIarv l. |