The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-07-21

nov shiitiec Go representation IN Congress
sno 70 r>,nclpsse m the eieetion Of pres-
save heretofore had occasion 70 give III detail my
re@-ons ioI alssesting from this view. 10 Is not
nesss.aiy - TINS time TO repeat them; 10 y suf1cent
ne scs Of secession. Ivy 2lsl'0 Of the the
STATES sought 10 DISSOLVE tseII connection with TIE
c.s.- ~..-. ann :. .sslsH .ns Ssion, being IN
.aLho,gs.l ~ sls ,sonssnap"r
S'' -.rr -. ssse. ss-.s,,Ehs.i sSsii iiS
hal and void. II follow, s;.,, .nat when the
.s'smp,s 10 sesese esntlnaed to y STATES IN The
ulon' and an mai was required 70 enable thtm to
ytsnine Their relations 70 the tn,on Wa that they
.sop,sd. aud tas lesiti,na,e rssi, was thar those
s ~ esSs SSS x s, a. s ss
tsoau,e entitled 60 the exercise oi an .ue
ngs'- guaranteed TO them by Us prov .ions
ever seems 20 Assume that ny the r..urrec,,op
srs os 'heif respective inhah'tps those States
forfeited thcr rights a. sueh and On never again ex-
srcise them except upon rcalp ssion into the Union
ne trrins prescrihed ~ Congress- n this posi-
ion " eoTreci y follows at ney were taken out OF
Renee that tie war wvs cd upon them was illegal ana
Unconstitutional We would thus be placed In this
ssceGsisten' afiiindc:-Thai while the war was com.
m.pced ana c.sfied upon the distinct ground
isai We southern states, being component parts Of
ns thon. were An rebeiioa agsinst the lawful s,i-
ilor'ty 81 tae lniscd States. upon its termination
~ res,u 10 "A policy Of reconstruction which as
slluer taa n vas NOT In "a Z, a rebellion hut that
TIE war was vaged for the conquest OF territories
s-s4snesi 20 ne outside OF the con tnlional union
tht mode aud manner OF receiving aud counting
sac cetoral voies for President ana wee President
81 the United states 10. Ina plain and simple terms.
prescribed ~ the constitution. That instrument
npcfAises Requires that tue President OF ibe senate
Representatives open all the ceF.incale- aud the
s"sss snail then be coanted.r Congress has there
lire power under the Constitution receive the
ssct"rs yoies 90 70 reject them. The whole power
exhausted ~hcn IN the presence Of the two houses
". ,c,es are eoaniel ami me result declared In
cf the Ncnafe under the constitution purely
ministerial; When, therefore. the Joint resolution
a'ciaIss that electoral votes shall be
received counted from states that the Of
narh. iss7 have not ssieplea constitution OF state
government under which state government shall
have been organized power ~ assumed which s
nowhere deesslei 10 conzfess Unless. upon the as-
, ., "s M .s sn,s oruanze prior
Joint resolution, hs implication a. ies.,, ooDceies
ila thess states were states by virtue Of their
Ia them the right 81 the eectian VI President
and Wee President of the United states. II follows
authorized y, the contribution Of Thai the states 70
eNcinded nom voting out ~ the Union hy
reason ol the rebellion and have been egiii-
maiely restored. BEING fl, satisfied thai they we're
never cut OF he Union and that their relations teto
have been cysls and constitutionalls restored ann
forced 20 the conclusion that the point resolution.
which epriyes them OF the right 90 have their votes
for President aud Wee President received aud
counted, u In connit with the and thai
Congress mas NO more power a. Tcies1 their votes
than those of the States whrh have teen uniformly
Sssi g o., me ieasn., Union y worth, Of remars
in rebellion we're legally aud constaticnsly organ.
ized and restored 20 their rThls prior 10 IN, att 81
legitimate authority under which the eiscton fnr
| President and Vice President b. held thcrtin
must lie derived from the governments instituted
before that period. u clearly follows thai AL llc
state governments Organized Ia tho-e states under
%i"r, control are l",t,Ms,s ana 81 ns ,as ls
wns'eyer ,, ana ~ that "es ne sele.
since the sb OF March, Isa7. and obcienrr 90 fhs
so-caed reconstruction sets 81 CeneFc~s cannot BE-
those States that can bc legally cast and cosntsd
viii he those cast IN pursuance ~ TIE laws force
IN the several States PRIOR 90 the legislation ~ Con
gress upon the sutj6ct OF reconstruction. eannor
refrain from directing spe'iai attention 90 The
declaration contained IN the ioni resolution that
none of the states whose inhAhiianis were laiaiy
IN rebellion shall te entiled 20 REPRESENTATION me
ration mat no state l. 10 he allowed 10 vote lor rs
dent aud Wee President ali of whoss h4habsiants
were engaged IN the aie rebellion, q = apl.arcsi
voting since n H. well Known that IN every southern
STATE there were many inhabitants Who mo- "nls did
not participate n the rehs lpn. hts Who actually
took part Ia It's suppression 80 ruffainra frtafn
giving ~ ans aid ~ counfenancf. I tbfrefpre
~ mai mS SAFE p.rttan al ~h"ss ,nns,s,s Ven
engaged IN the rebellion shall hc permitted "a par.
,icipae "a The i'reslenilal eecilon eAos uron the
1 terms and conditions therein prcsrrn"d Assuming
this la be the true constitution oi the resolution. the
| inquiry becomes pertinent mas tlosf NOFtisfa
sta.cs portion ~ whose inhabitants we're attuai.y
IN the rebellion be prevented ~ the discretion 81
Congress from having their electoral vote counted
II IN well known that portion 10 the inhabitants ~
| New York and portion of the Inhabitants 81 var.
gna were alike engaged IN the rebellion: VET n H.
York was NJ all times during the recognixed
| 10y the federal government a. stale IN
the Union 80 clearly that upon the ter
deemed necessary for her restoration thai pro-
visional governor saould be appointed. Vet accord
unless they comply with the terms n prr~crllrs ae
denied the right ~ voting for frrsidcn, aus Vice
portion portion" OF the inhasl,aats Of Which s,s,s
\ were also m rebellion, are permitted 20 have
their electoral vote coun,ed without unierrclnF
| Virginia. New York n ma more o STATE than vir.
ginia-tle one ~ a. much entitled Ia be represented
In the Electoral College ~ the Other. nCong.s- has
the power 10 deprive Virginia ~ this right % can
! exercise the same authority with respect Ia New
York any other Of the states. Thus the result 81
| the President al election NAV Ne controlled
and determined by Congress and the people
be deprived NJ their rights under the 10
choose President and Wee President of the
United states. II Congress were 20 provide nv Law
that the votes of none Of the states shoud br ~
ceived and counted n cast for candidate who an
fered IN political sentiment with n majority OF the
two houses such legislation would AT osce b4 con.
deinned by the country an unconstifntionAi ant
revolutionary usurpation Of power. u wsuld hoe.
ever oe exceedingly dniculi TO Ind in the ooosiitr
resolution under confederation than for nm rnasi-
ment evokng directly the rejection az all votes
| IN accordance with the political psefcreDcs
OF y majority Of Congress- No power cs.
| isis in the constitution authorizing the
| ioirt resolution or the proposed law; Ne ouiv
difference being that one would he more pslpHhl,
unconstitutional and revolutionary than the olh~f:
both would rest upon the radical that Congrs-s
has the power TO prescribe terms and conditions Ia
the right OF the people Of the states cast their
votes for President and Vice President. fcr the
reasons thus indicated ! constrained 90 return
the Joint resolution 10 the Senate such further ac.
ton thereon rs Congress may dem nec.-s.r,.
WASHINGTON, July 20. 1884,