Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1868-08-01
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President maintains that the South
efn States were never out Of u
/ Union, and asserts that they wer
practically and eoRsliiuionally ~
stored previous 10 March, 1861
Narrating the provisions ofthe Ton
Stituti0n, the President says tha
the joint resolution, by implication
at least, conceded that these State
were States by virtue Of their or
CARNATIONS prior TO the eth o
March, 1867, hut denied 70 them th'
right TO vote ia the election OF Pres
ident and Vice President of th'
United States, IL follows either tha
this assumption Of power !, wholly
unauthorized by the Constitution
or that tho States so excluded from
voting were out Of the Union b,
reason Of tho rebellion, and have
never been l.gitimately restored
Being fully satisfied that they wer'
never out of the Union, and thai
their relations thereto have beer
legally and constitutionally y restored
| am forced TO tho conclusion thai
the Joint resolution which deprives
them of tbeir rights 10 have their
votes for President and Vice Presi-
dent received and counted, 10 In
conflict with the Constitution, and
that Congress has no more power
10 reject their votes than those OF
the States which have been uniform
ly loyal 10 the federal Union. II is
worthy of remark, that If the States
whose inhabitants were recently in
rebellion, were legally and consti-
tutionally 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 Presi.
dent and Vice President can be held,
therefore, must be derived from the
governments instituted before that
period. 1t clearly follows tina. all
the State governments organised in
those States under net of Congress,
for that purpose, and under military
control, are illegitimate and of no
validity whatever, and in that view
the votes cast in those States for
President and Vice President, and
in pursuance of acts passed since
the 4th March, 1867, and in obedi-
ence to the so.called reconstruction
acts of Congress, cannot be legally
received and counted. While tho
only votes in those States that can
be legally cast and counted, will be
those cast in pursuance of the laws
in force in The several States, prior
to the legislation by Congress upon
the subject of reconstruction.
The President proceeds to argue
that while the people in the South
crn States were not in rebellion,
some people of the Northern States
were in rebellion, and that the act
for exclusion applies logically equal
Iy to New York and Virginia.
The message concludes that if
Congress were to provide by law
that the votes of none of the States
should be received and counted if
cast for a candidate who differs in
political sentiment with q majority
IF the two Houses. such LEGISLATION
,yauld ot opco he oopdomncd hv the
as unconstitutional and a
evolutionary usurpation of power.
It would, however, be exceedingly
lifficult to find in the constitution
INV more authority for the passage
If the Joint resolution under consid-
,ration, than for an enactment look.
ng directly to the rejection of all
States not in accordance with the
political preference of q majority of
Congress. No power exists in the
political preference of a majority of
Congress. No power exists in the
authorizing the joint
'esolution or the supposed law.
The only differences being, the one
would be more palpably unconstitu-
ional and revolutionary than the
'ther. Both would rest upon the
adical error that Congress has the
,ower to prescribe terms and condi-
ions to the right of the people of the
states to cast their votes for Presi,
lent and Vice President.
Senate.-Thegrights of naturali-
ed citizens abroad was discussed
IL day, interrupted only by the
eading of the Presidents message
'etoing the Electoral College bill. |
The bill passed, notwithstanding
5 to 8. All the Southern Senators
xccpt Pool, who was absent, voted |
With the majority.
After an executive session the |
,enate adjourned.
House.HThe credentials of Lasb.
rom North Carolina. and Bowen,
rom South Carolina wero referred |
n the Election Committee
Jonos nresented a hill extend;np
, c,, 49,