New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-07-21


ercise them except upon readmssOn into the Union
correct it follows that they were taken OF the Union
by virtue OF their acts OF secession aud hence hst the
We would thus be placed this inconsistent attitude
that while the war was commenced and Sared on upon
moment parts the Union were rebellion against the
lawful authority Of the United States upon rs termna
assumes that 1t was not in fact rebellion but that the
war waged for the conquest Of Territories assumed
mode and manner Of receiving and counting the
electoral votes for President and Vice President
OF the United States are in plain ana simple terms
prescribed by the Constitution That instrument upper
avely requires that the President OF the Senate shall
I'm the presence OF the Senate aud House or representa-
tiyes open all the certificates and the votes shall then
be counted" Congress has therefore power Under the
Constitution to receive the electoral votes or to reject
them The whole power is exhausted when In the pres
Of the houses the votes are counted and the re-
President the Senate under the Constitution pure
y ministerial when Therefore Gfa ts o ba roi bs
received or counted from States that, since the Ath Of
March, 1901 have not adopted SOns,tnton OF 9tate
been organized power assumed which Ia nowhere dele
gated TO Congress unless upon the assumption that tho
1867 were Illegal and void The Joint resolution, by i'm
pcaon at least comedies that these states were states
of preent and vice President of the United States n
follows either that this assumption OF power is wholly
unauthorized by the Constitution or that the States so
excluded from voting were out al the Union by reason OF
Being fully satisfied that they were never out
Of the Union, and that their relations thereto have
been legally and cOnstltuti0nally restored, am
forced TO the conclusion that the Joint resolution which
deprves them Of the night to have their votes for Pres
ct with the Constitution and that Congress has no more
power to reject their votes than those Of tho States which
have been uniformly loyal 10 the Federal Union IL s
worthy OF remark that II the State whose inhabitants
were recently In rebellion were Legally ana m on
OF March, 1867, as am satisfied they were, the only
legitimate authority under which the election Tor Presi,
o,,H Droafd ha Ipl
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 eOntToi, ore
Legtmate and OF no validity whatever; and IN tnai
view the votes cast In those States for President and
i he atb ~ March isG7 and in obedience 10 the so.
called reconstruction OF Congress cannot be legally
received and counted while the only votes IN those states
that can be legally cast ana counted VIII Do t1ose cas III
TO the legislation by Congress upon the subject OF ee9n
struction cannot refrain ron GrfGu1f ioiTr t rps
ton that OF the States whose nhaDtQnts were
lately IN rebellion shall be entitled to representation in
The Electoral College &cp II iti meant by this DECLARE
ton that State is Ia be allowed 10 vote t0r ffcsdeh
gagged I'm the late Rebellion IL u apparent Of
the States will be excluded from voting, since u lie wen
known that in every Southern State there were
many inhabitants who not only did not partic-
pate in the Rebellion, but VINO actually
Giving IN anv aid or councnauce. therefore conclude
that the meaning Of the joint resolution Is that no
state portion Of whose inhabitants were engaged ~
the Rebellion shall be permitted 10 participate IN tho
Presidential election except upon the terms and
dOns therein prescribed Assuming TINS To DC the true
construction OF the resolution the inquiry becomes peril
nent-may those Northern states, portion OF whose IN
habitants were actually In the Rebellion, DC prevented
at the discretion OF Congress from having Their ecctoa
vote cOuntedi Is well known that portion OF the IN
habitants OF New-York and portion Of the inhabitants
OF Virginia alike engaged IN the Rccloni yett Is
equally well known that Virginia ~ well az New YORK
was AT ali times during the recognized by the Fed
eral Government state In the UniOnsO clearly, that
upon the termination Of bostihlies, u was not ever
deemed necessary for her restoration that frOvonA
appointed,
Joint resolution the people OF Virginia, unless they com
ply the II prescTbes are denied the rght OF
voting for President hud Ncc-Ifchdcnt NhAc lhe Iro
pe of NewYork portion Of the Inhabitants Of which
State also In rebellion, are permitted 70 nave the
more state than Nrgnia-thc one rs ne much entitled
e be represented In the Electoral College a. the other
right il can exercise the authority with respect To
New.Y0rk or any other Of the States. Thus
the result Of the Presidential election may 90
controlled and determined by Congress. aud the people
be deprived OF their rights under the Constitution 10
choose a President and NiccPrcsident OF the United
States II Congress 10 provide by law, That the
counted, II cast for candidate who dlnercd IN puiuc
sentiment with majority OF the two Houses such lees
laOn would Mt once be condemned by lhe county as an
unconstitutional and revolutionary usutpatlon oi power
IL would however be exceedingly difficult TO ma IN the
Constitution any more authority Tor The passage OF tc
Joint resolution under consideration. than for enact
in accordance with the political preference OF majority
Of Congress No power exists M the Constitution author
difference being that would De moro palpaby uncon
sttutOBa and revolutionary than the other both would
rest upon the radical that Congress has the power
prescribe terms and conditions TO the right or the
people OF the States cast their vote for President and
Vice President For the reasons thus indicated am con
strained TO the joint resolution To the senate Tor
such further action thereon as Congress may deem
FaShiigton, D. O., July 90 1863.