The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1868-03-21

A0ch oHUA01xoU c0UU1Y 30Vuo DN~AM.h ~"
% on. deiss for spaY two Aupdrsd sstas or Traction
ava, o,t h.,i ~ oSe46s saAsel Nsrrtn ~ Governor
It The sst ssosul slsctjon All votsrs - supported
III ,oua.,ss and psispss Of the Repasuan party a.
H. last rs,ss sisssisas sincerely fpsnfanf or
a having de.. 30 - cordially invited 20 take part In
,s.diue delegates 10 thIs Convention. n
~ ord,r OF ths 1s,aSlican Stats Csntna COMMITTEES
CO. HouRsn. chairman
THr rebels and the Copperheads all claim
to be profound constitutional lawyers, and
there il not one Of them who has not pro-
claimed every act Of Congress and every
OF the Government to preservesn the
Union, since the FIRST election OF Mr.. Llucoan.
. gross violation Of the Constitution. Every
rebel and every Copperhead as well, denoun-
ced scseseion' 'ras violation OF ihs oonsn'
tuition, and proclaimed Yociferously and per-
s;sten,lv that the first call Of $4,000 men 10
maintain the authority Of the Government ana
suppress the rebellion, WAS an unconst'ln>
,oual act of usurpation. And from that day
% this. eyery single movement made by Con- |
sress and the Government in reference 70
the rebellion and the reconstruction OF the
Up;oa, has encountered the same bitter de- |
duH,c3StiSa from these learned and devoted
defenders OF the Consultation Of the United
States.
Now, if these rebels and Copperheads are
right then, of course, the war for the resto-
ration of the authority Of, the Government
was unconstitutional, and all the measures
a. uucOnStltu-
,ionAl usurpations. But If they are wrong in
the main point. it is more than probable that
they are equally wrong in all their positions,
and as many of them have conceded the con-
stitutionality of coercion, and OF the rafs
ing of troops to enforce the authority of the
Government, and of the issue Of greenbacks,
aud the abolition of slavery, tits highly prob
able that they will eventually coneede,
that other measures which they now de-
nounce, are after all entirely Constitutional.
In all sincerity this partisan prating by
ignorant fools in denunciation Of the constr
nationality Of the acts Of Congress and meas
ures Of the Government, is too absurd TO be
tolerated by men Of sense. Why, look for in
stance at the real basis of the position; that
the war itself oh the part Of the Government
was unconstitutional, or st the more univer-
sal position, that Congressis not a Constiia-
tional body, because the Southern States are
unrepresented. In either case then the leg
islation of Congress is void, and the great
body of operative legislation affecting the
material interests, the policy and glory OF the
country is equally null and eoid, and the
mere resolves of sham Legislature, with
oat the sanction Of .he Constitution. There
is no sane man in the country that believes
any such thing, and yet the fundamental po>
sition and the ultimate logic of all the rebel
and Copperhead Constitutional sisng-whang-
ers, lead directly aud inevitably to that con-
clusion.
II is upon this position that these constitu-
sional lawyers proclaim SO boldly that Con-
gress has no right to inpeach the President.
The Constitution itself lays down very speci-
fcalIy impeachment of public officers as the
solemn duty of Congress, and points out
specifically the mode in which it shall be
done. But the rebels and Copperheads de-
ny the right Of Congress to do it, on the
ground that ten of the States are unrepres
sented. But this objection would be equally
good if there were only one State
unrerresented. And literally it would not
make the slightest difference whether the
State was unrepresented through eonpulson
or choice, and hence the withdrawal of the
Senators of State would, at any time, sus-
pend an impeachment trial, or block the
wheels Of legislation, for the words Of the
Constitution. upon which these profound up
holders Of Constitutional Law rely are, " The
Senate OF the United States shall be COM
posed OF two Senators from each State
Now, as there is no exception for any reason,
if that clause is to be construed to mean tha,
the absence of twenty Senators impairs or de-
stroYs the Senate, and leaves it no longer {
Constitutional body, then, by the like con
s.ruction, the lack of one Senator is equally
fatal, for the cords are " the Senate of the
United States shall be composed Of faro Send-
ators from each State" Hence, if the alb
sence of twenty Senators renders the Senate
incompetent to perform its Constitutions
functions, the lack of one renders that bod
alike functus obscio, as we'll for ortlnar,
legislation IS for the trial of an impeachment
The humbug is too gross for any honest maj
to assert, and the knaves who insist upon ii
are presuhning too far upon the ignorant ere
dulity even OF the Democratic masses.
The Ton etifnf;on.l rb,a<t;ar tb.t X.
emanatsd from the rebels and their sympa
thising Copperhesd friends, is that Congress,
has no right or power to legislate In refer
ence to judicial proceedings, and provide b
Law suitable regulations in regard to the bring
ing Of suits, slthough the Constitution ex
pressiy grants that power to Congress, an
our Courts have never had single case be
fore, them, except in pursuance of statute
made and provided by Congress, from til,
foundation of the Government to the prssen
time.
But, say these Constitution praters, even i
Congress has this authority, it cannot inter
fere with the McArdls case, for that is al
ready before the Supreme Court, and Z la,
NePshstHS tue SOuEt Vi JuElBUlCLiOu III sue
cases, and providing for their trial in ififsrio
Coarts would be an ex post .facto law, and
therefore, unconstitutional.
Now the simple answer to this can be give,
% any iaW student who has diligently prose
cuted his studies for six noaths. II il this
that the objection Of er post facto has no n
plication to the Jurisdiction oil the Cont l,
the mode Of proceeding in Court, or to Ii,
remedy, IN any sssss. sought under The iaw
bat only 70 the right Of legal remedy pro
vldsd b. law. Hence oil laws cha1eise h,
mode Of proceeding, and the Court il wh,el
snia are to be brought, opesaie Il once il
secordance With shsir terms, and am moi q
bic to The objection that they are s Do,t faeto
It is very consolins and confort.b,,. s !, 5.
every dsys experience, ths., nos~i,ha.nai,.
The Rebtli and copperheAds, denoupce A.
ffshs d Abe pssssss operative lerisl.,;o. :
Copgrsss - 4ncsnstitutonal sad void, u,
business of he country and the basines, Q
NE courts movs on IN their accustomed chm
sen very quietly, and everybody, EXCEPT IL,
.feslqsns Of tho United State.. d.m..,