Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-03-14
s. TENNESSEE SATURDAY EVENING. MARCH A. 1868 NO 10.

peared as Representatives from the State
of Louisiana. h I..
] II the ten excluded States had never
been in the rebellion, II they were now
represented upon the floor Of the Senate,
could the Senate or could the two Houses
Of Congress exclude from representation
in both Houses ten other States; and,
having excluded ten other States, could
the remaining Senators from twenty
seven instead Of thirty-seven States re.
solve themselves into court OF impeach.
ment for the trial of the President2 i
presume that no Senator will answer
that question in the affirmative. II that
is conceded, to my mind, il comedies the
whole principle and the whole proposi-
ton, and / will proceed to assign one or
two reasons why believe so.
Any State that was in the rebellion,
after the rebellion was suppressed, and
after the State submitted itself to the
Constitution aud laws and authorities Of
the United States, which fact was admit
ted by her representatives in the Senate
or in the House, was as much in the
Union as though that State had never
been in the rebellion. / will take the
State Of Virginia. The State of Virginia
has had representative in the Senate
since the suppression of the rebellion,
| and since the time when there was q sim
gle arm raised against the authority of
the United States; that Senator has
served two sessions here since the. rebel
lion was entirely suppressed; he was re-
cognized by the Senate as representa-
tive Of the State Of Virginia, and the
Senate, in taking that course toward him,
admitted that State to be in the Union as
a State, with all the rights and privileges
which she would be entitled TO under the
| Constitution as If she had never been in
the rebellion at all. In the case of Lu.
ther VS.. Borden that principle is decided,
and will read passage from it. The
honorable Senator from Indiana Mr..
Morgan and the honorable Senator from
Oregon Mr.. Williams ], and all the Sen
ators who support the Congressional pol
icy Of Reconstruction, seem to rely upon
that case as their principal authority, at
least the principal exponent of their au-
thority. ! will read one paragraph from
that decision: b.gt ,r
"Under this article of the Constitution
it rests with Congress to decide what
government is the established one in a
State For, as the United States guar
antee TO each State republican govern
ment, Congress must necessarily decide
what government is established in the
State before it can determine whether it
| is republican or not. And when the
Senators and Representatives of State
are admitted into the councils of the
Union the authority of the government
under which they are appointed, as well
as its republican character, is recognized
by the proper constitutional authority"
There is the plain principle. 1t is in
conformity to the principle of the law of
post limine, too; il is in conformity to
our Constitution. 1t is declaration of
the principle of the Constitution in these
few and simple words, that, when Con-
gress has admitted Senators and Repre-
sentatives from State, both the exist
ence and authority of the government
under which they were appointed and its
republican form have been recognized
by the proper constitutional authority.
Sir, it seems to me that this decision
settles the question as to Virginia and as
to Tennessee. The Senators, or at least
a Senator, from Tennessee, and Senators
from Virginia, and Representatives from
both States, have been admitted by Con-
gress to their seats in both Houses.
That, this decision says, is a recognition
by the proper constitutional authority of
the governments under which those SEN
ators and Representatives were appoint
ed and of the republican form of the gov
ernments under which they were ap-
pointed. Congress has nothing to do
with the matter further in relation to
those States nor in relation to the State
of Louisiana, because suppose that the
admission of Representatives would have
all the effect that the admission of Repre-
sentatives and Senators both would have.
1t cannot be that there is q principle so
discordant as that State may be recog-
nized in one House of Congress and be
repudiated and rejected in the other
House. / take it for granted, as mat
ter of necessity, as matter OF logical
and constitutional conclusion, that when
the Senate have admitted Senators from
State it opens the way for the admis-
sion of Representatives in the House ;
and where both Houses or either House
have admitted Senators or Representa-
tives there is the necessary and constitu-
tional recognition both of the existence
of the governments under which they
were appointed and of the republican
form of that government.
have here the Journal of the Senate
on the presentation of the credentials of
the two Senators, Messrs. Wiley and
Carlile, to the Senate in 1861. The
Senators who we're present on that occa-
sion will recollect the discussion that
then took place, and that they were ad-
mitted after strenuous and persistent
objection, and after their rights had been
maintained by Senator Collsmer, Sena-
tor johnson, of Tennessee, and other
Senators Having thus been admitted,
l deny that the Senate has the power to
take the position afterward that the |
State they represented was not and is
not in the Union. Neither the Senate
nor the House can play fast and loose in |
that way. When a State is once ad-
mitted by her Senators and Representa-
tives, or either of them, she is in the
Union beyond the power of the body |
that admitted her Senators and Repre-
sentatives. They can at no time reverse
their judgment. If they were to attempt |
to reverse it and to do it pro .Jornsa it
would have no legal, constitutional
effect, and the State would be notwith-
standing in the Union, and be entitled to
all the rights and privileges Of member
Of the Union.
nuring the rebellion, Mr.. President,
Congress passed, ! suppose, twenty or
thirty laws in relation to all the rebel
States. They passed laws apportioning |
representation among them. They |
passed laws imposing q direct tax and