Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1868-07-02

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titled an act TO admit the State vi AR.
kansas to representation in Congress
The approval OF this bill would be an
admission on the part of the Execu-
tive that the 'act for the more eff
cient government of the rebel States, =
passed thereto, we're proper and con-
stitutional. My opinion, however, in
reference to these measures has un-
dcrgone no change, but on the contra
ry has been strengthened by the re.
suits which have attended their exc
cution.
Even were this not the case, ! would
not consent TO bill which is based
upon the assumption either that by
an act of rebellion or portion Of its
people the State of Arkansas seeded
from the Union, or that Congress may
ut it's pleasure expel or exclude a
State from the Union, or interrupt
the Government, by arbitrarily depri-
wing it OF representation in the-Senate
aud House of Representatives,. Ii
Arkansas is a Stale net in the Union,
this bill does not admit her as a State
into the Union. If on the other hand
Arkansas is State in the Union, no
legislation is necessary to declare her
entitled to representation in Congress
as one of the States of the Union.
The Constitution already declares
that Coach State shall have at least
one Representative" that the Senate
"shall be composed Of two Senators
from each State" and "that no STATE,
without its consent, shall be deprived
OF its equal suffrage 10 the Senate" I"
That instrument also makes each
House the judge of the elections, re-
turns and qualifications OF its own
members, and therefore all that is now
necessary 10 restore Arkansas in all
its constitutional relations 10 the Gov
ernment is a decision by each House
upon the eligibility of those who, pre-
senting their credentials, claim seats
in the respective houses of Congress.
This is the plain and simple plan Of
the Constitution, and believing that
had it been pursued when Congress
assembled in the month OF December,
1865, the restoration of the States
would long since have been completed,
| once again earnestly recommend
that it be adopted by each House in
preference TO legislation which | res
pectfully submit is not only of at least
cnnstitnfionaiity' ana there
fore unwise and dangerous as pre-
ccdcnt, but is unnecessary. and not so
effective in its operations as the mode
prescribed by the Constitution, in
wolves additional delay, and from its
terms may be taken rather as appli-
cable to territory about to be admit
ted as one of the United States, than
a State which has occupied place in
the Union for upwards of a quarter of
a century. The bill declares the State
of Arkansas entitled and admitted TO
representation in Congress, as one Of
the States of the Union, rpon the fol-
lowing fundamental condilions: that
the Constitution Of Arkansas shall
never be SO amended or changed as to
deprive any citizen or class of citizens
of the United States of the right to
vote by the Constitution herein recog
nized except as punishment for such
crimes as are now fclonies ut common
law, whereof they shall have been du-
ly convicted under laws equally ap-
plicable to all the inhabitants OF said
State, provided that any alteration of
said Constitution, prospective in its
effects, may be made in regard 10 the
time aud place of residence of voters.
| have been unable to find in the Con-
stitution of the United States any
warrant for the exercise OF the au-
thority thus claimed by Congress, for
assuming the power to impose a fun
damental condition upon State
which has been duly admitted into
the Union on an equal footing with
the original States, in all respects
whatever. Congress asserts right
10 euter a State us il may a territory,
and to regulate the highest preroga-
tive of a free people, the elective fran.
chise. The question is reserved by
the Constitution TO the States them
selves, and TO concede TO Cong ess the
power TO regulate this subject would
be to reverse the fundamental princi-
pie Of the republic, and to place in
the hands of the Federal Government,
which is the creature of the States,
the sovereignty which justly belongs
to the States or the people, the true
source of all political power, by whom
our Federal system was created, and
to whose will il is subordinate. The
bill fails to provide in what manner
the State Of Arkansas is TO signify its
acceptance of the fundamental condi-
tion which Congress endeavorcd TO
make unalterable aud irrevocable
nor does it prescribe the penalty TO be
imposed, should the people Of the
State amend or change the particular
portion OF the Constitution which it
is one Of the purposes Of the bill TO
perpetuate, but as to the consequences
of such action, leaves thom in uncer-
tainty and doubt.
When the circumstances under
which this Consultation has been
brought to the attention Of Congress,
il is not unreasonable to suppose that
efforts will be made TO modify its pro.
visions, ard especially those in res
pect TO which this measure prohibits
any alteration.
Il is seriously questioned whether
the Constitution has been ratified BY
a majority OF the persons who, under
the act of March I'd, 1867, and the
acts supplementary thereto, were en-.
t,tiod IN raerisf ration and IN vof q uDon