Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1868-07-23

state government under which Q STATE
government shall have been oryanizsd, .
power is assumed which IL no whose dsls-
gated 10 Congress, unlsss upon the -
sumption that tho State government. or
ganized prior to the 4th Of March. 1857,
were illegal and void. The Joint resolu-
ton, by implication, at lsaat. ooa-
eedes that these States were States
by virtue Of their organization prior TO
the ith of March, 1857, but denies 10 them
the right 10 vote for President and Vice
President OF the United States. II fol-
lows either that this assumption Of power
is wholly unauthorized by the Constitu-
tion or that tho States 10 excluded from
voting were out Of the Union by reason
OF the rebellion and have never been To-
ultimately restored, Being fully satisfied
that they never were out Of the Union.
and that their relations thereto have been
loyal and ooustitutionally restored, am
forced IA the oonclueion that the joint
resolution which depr've- them of the
right 10 have their votes for President
and Vice President received and counted
is in eonhiet with the Constitution and
that Congress has no more power to re-
jeet their votes than those Of the States
which have been uniformly loyal to the
Federal Union, II ia worthy Of remark
that il the States whose inhabitants wero
recently in rebellion were legally and
eonstitutionally organized and restored TO
their rights prior to the 4th Of March,
1867, as | am satisfied they were the
only legitimate authority under which
the election for Presidedt and vice-Presi-
dent can he held therein must be derived
from the governments instituted
before that period. II clearly follows
that all the State governments organized
in those States under the acts Of Congress
for that purpose, and under military con-
troll, are illegal and Of no validity what
ever, and in that view the votes cast in
those Ststes for President and Vice-Presi-
dent, in pursuance of the acts passed since
the 4th Of March, 1867, in obeyance TO
the so-called reconstruction acts Of Con-
: gress, cannot be legally received and
} counted, while the only votes in those
States that can be legally cast and counted
will be those cast in pursuance OF the
laws in force in the several States prior
TO the legislation by Congress upon the
: subject of reconstruction. / cannot r.
frain from directing your special atten
ton to the declaration contained in the
Joint resolution, that none Of the States
, whose inhabitants were lately in rebel
lion shall be entitled to representation in
the electoral college, &c. II it is meant
by this declaration that no State Is to be
allowed to vote for President and Woe
e President, all of whose inhabitants were
engaged in the late rebellion, it is appsr-
rent that no one of the States will ID ex-
i eluded from voting sinceit is well known
@ that in every Southern State there were
5 inhabitants who not only did not partici-
e pate in the rebellion, but who actually
: took part in its suppression, or refrained
n from giving il any aid or countenance.
o Therefore, conclude that the true mean.
: ing of the joint resolution is, that ne
i State, portion of whose inhabitants
n were engaged in the rebellion, shall be per
h mitted to participate in the Presidential
p election, except upon the terms and con
d ditions therein prescribed.
u Assuming this to be the true construc-
- ton Of the resolutions, the inquiry be-
l. comes pertinent, may those Northern
l. States, a portion of whose inhabitant'
e were actually in the rebellion, be prevent
II ed at the discretion of Congress from
e having their electoral vote counted i
5 is well known that a portion Of the in
: habitants of New York and portion o,
+ the inhabitants OF Virginia were alike
n engaged III the rebellion, yet II is equal,
n well known that Virginia, as well a,
1t New York, was at all times during the
l. war recognized by the federal govern
y ment as State IN the Union 80 clearly
II that upon the termination of hostilities il
}, was not deemed necessary for her resto
l. ration that provisional Governor shoult
n be appointed; yet, according to this join
d resolution, the people of Virginia, unles
Is they comply with the terms it prescribss
10 are denied the right of voting for Prssi
"a dent and Vice President, while the peopl
g. of New York, portion of the inhabitaAt
% of which State were also in rebellion, ar
~ permitted to have their electoral vot.
10 counted without undergoing the process
n. of reconstruction prescribed by Virgins
n New York is no more State than Vir
Is ginia The one is as much entitled to b.
IL represented in the electoral college az tn
i other. If Congress has the power to de
d. privc Virginia of this right, it can exet
" cise the same authority with respect +
IL New York or any other States Thus tn
no result of the Presidential election may b.
m controlled and determined by Congress.
N and the people be deprived of thei
If rights under the Constitution to choo>
nj President and Vice-President of tn
" United States.
% If Congress were to provide by la>
., that the votes of none of the States shout
"a be received and counted, il cast for can
/. didatc who different in political sentimen
Il with majority of the two houses, sar'
10 legislation would at once be condemno,
IL by the country rs an unconstitutfona
10 and revolutionary usurpation Of power
: 1t would, however, be exceedingly diff
!, cult to find in the Constitution an
il authority for the passage of tn