Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1868-07-24

adopt the measures necessary to their prac-
tical restoration as States. Such measures
| were adopted, and the legitimate result was
that those States, having conformed to all
the requirements of the constitution, re-
sumed their former relations, and became
entitled to the exercise of all the rights
guaranteed to them by its provisions.
The Joint resolution under consideration,
however, seems to assume that by the in
surrectionary acts of their respective inhab-
itants those States forfeited their rights as
such, and can never again exercise them
excepts upon readmission into the Union
on the terms prescribed by Congress-
If this position be correct, it follows
that they were taken out of the Union
by virtue of their acts of secession, and
hence that the war waged upon them was
illegal and unconstitutional We would
thus be placed in this inconsistent attitude,
that while the war was commenced and
carried on upon the distinct ground that
the Southern States, being component parts
of the Union, were in rebellion against the
lawful authority of the United States upon
it's termination we resort to police of re-
construction which assumes that 1T was not
in fact rebellion, but that the war was
waged for the conquest of territories as
sumed to be outside of the constitutional
Union.
The mode and manner OF receiving and
counting the electoral votes for President
and Vice President of the United States are
in plain and simple terms prescribed by the
constitution. That instrument impera-
lively requires that the President of the
Senate ''shall in the presence of the Sen
ate and House of Representatives, open all
the certificates, and the votes shall then be
counted" Congress has therefore no DOW
er, under the constitution, to receive the
electoral votes or reject them. The whole
power is exhausted when, in the presence
of the two houses, the votes are counted
and the result is declared. In this respect
the power and duty of the President of the
Senate are, under the constitution, purely
ministerial. When, therefore, the Joint
resolution declares that no electoral votes
shall be received or counted from States
that since the 4th of March, 1867, have not
adopted constitution or State govern
ment under which State government shall
have been organized" a power is assumed
which is nowhere delegated to Congress-
unless upon the assumption that the State
governments organized prior to the 4th of
March, 1867, were illegal and void.
The joint resolution, by implication at
least, comedies that these States were States,
by virtue of their organization, prior to the
4th of March, 1867, but denies to them the
right to vote in the election of President
and Vice-President of the United States.-
1t follows either that this assumption of
power is wholly unauthorized by the con-
stitution, or that the States 50 excluded
from voting were out of the Union by rea-
son of the rebellion, and have never been
legitimately restored. Being fully satisfied
that they were never out of the Union, and
that their relations thereto have been legal
ly and constitutionally restored, [ am
forced to the conclusion that the joint res
olution, which deprives them of the right
to have their vote for President and Vice
President received and counted is in con-
f1ict with the constitution, and that Con-
gross has no more power to reject their
votes than those of the States which have
been uniformly loyal to the federal Union.
1t is worthy of remark that if the States
whose inhabitants iwere recently in rebellion
were legally and constitutionally 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 President and Vice Presi-
dent can be held therein must be derived
from the governments instituted before
that period.
It clearly follows that all the State gov
ernments organized in those States under
acts of Congress for that purpose. and mill
tary control, are illegitimate and of no va
lidity whatever; and in that view, the votes
cast in those States for President and Vice.
President, in pursuance of acts passed since
the 18th of March, 1867, and in obedience
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
iy,f in hn TO fbo
legislation by Congress upon the subject
of reconstruction.
I cannot refrain from directing your
special attention to the declaration contain
ed in the joint resolution that "none of the
States whose inhabitants were lately in re-
bellion shall be entitled to representation
the electoral college," etc.
If it is meant by this declaration that no
State is to be allowed to vote for President
and Vice-President, oW Of whose inhabi-
tants were engaged in the late rebellion, it
is apparent that no one of the States will
be excluded from voting, since it is we'll
known that in every Southern State there
were many inhabitants who not only did
not participate in the rebellion, but who
actually took part in It's suppression, or re-
Trained from giving it any aid or counten-
ance. I therefore conclude that the true
meaning OF the lO1nC feSOluIlOu Is, luaI no
State, portion of whose inhabitants were
engaged in the rebellion, shall be permit
ted to participate in the presidential cleo
ton except upon the terms and conditions
therein prescribed
Assuming this to be the true construc-
ton of the resolution, the inquiry becomes
pertinent, may those northern States-a
portion of whose inhabitants were actually
in the rebellion-be prevented at the dis
erection of Congress from having their cleo
toral votes counted It is we'll known that
portion of the inhabitants of New York
and portion Of the inhabitants of Virgil
MIA were alike engaged in the rebellion.
yet it is equally we'll known that Virginia,
as New York, was at all times during the
war recognized by the federal government
as State in the Union--so clearly that
upon the termination of hostilities it was
not even deemed necessary for her restor-
alton that a provisional Governor should
be appointed. Yet, according to this joint
resolution, the people of Virginia, unless
they comply with the terms it prescribes,
are denied the right of voting for Presi-
dent, while the people of New York, por-
ton of the inhabitants of which State were