The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-07-21
VOL. XIX.

Union by virtue of their acts OF
secession, and hence that the war waged
on them was illegal and unconstitu.
tional. We would be thus placed in
this inconsistent attitude, that while
the war was being carried on on the
distinct grounds 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
| policy Ofreconsiruction which assumes
in fact that it was not a rebellion, Dut
the war was waged for the conquest OF
territories assumed TO be out
side of the Constitutional
| Union. The mode and manner
of receiving and counting the electo-
raj votes for President aud Vice
President of the United States, are IN
the plain and simple terms prescribed
by the Constitution. That instru-
ment imperatively requires that the
| President of the Senate shall, IN the
presence of the Senate and House of
Representatives, open all the certifi-
Gates and the votes shall then be
counted. Congress has, therefore, no
power under the Constitution to re-
ceive the electoral votes or. reject
them. The whole power is exhaust
ed when, in the presence of
the two Houses, the votes are
counted and the result declared.
In this respect the power and duty of
the President of the Senate are under
the COnstitution-are purely ministe-
rial. When, therefore, the joint resolu-
ton declared that no electoral votes
shall be received or counted from the
States that since the 18th of March,
1867, have not adopted Constitution
| of the State Governments under which
a 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 organi-
zation, 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 whether that this assump-
ton of power is wholly authorized by
/ the Constitution, or that the States
excluded from voting were out of the
| Union by reason 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 legally and constitutionally re-
restored, | am forced to the conclu-
| q 10A hn l.
deprives them of the right to have
their votes for President and Vice
President received and counted is in
conflict with the Constitution, and
that Congress has no more power to re.
jeet their votes than those of States
which have Sbeen uniformally loyal
to the Federal Union. 1t is worthy
of remark that if the States whose
inhabitants were recently in rebellion
were legally and constitutionally or
ganized and restored to their rights
prior to the 4th of March, 1867, as ]
am satisfied they were, the only legit-
innate authority under which the cleo.
tion for President and Vice Prcsi
dent can be held therein, must be de-
rived from the governments Instituted
before that period. 1t clearly follow:
that all the State governments or,
ganized in those States, and the act!
of Congress for that purpose, anC
under military control, art
Legitimate, and of no validity what
ever, an in that view the votes cas-
in those States for President anC
Vice President, In pursuance of thG
acts passed since the fourth of March
1867, and In obedience to the social
ed reconstruction acts of Congress
cannot be legally received and count
ed; while the only votes in thos,
States that can be legally cast anC
counted, will be those cast in pursu
ance of the laws in force Ia the sew
eral States prior to the action of Con
gress on the subject of reconstruction
| cannot reform from directing you
special attention to the declaration
contained in the joint resolution tha
none of the States whose inhabitant
we're lately in rebellion, shall be en-
titled to representation IN the Elec
toral College, &c. If it is meant tha
no State is to be allowed to vote fo
/. President and Vice President, all c
whose inhabitants were engaged i
the late rebellion, it is apparent tha
no one of the States will be exclude
: from voting, since it is we'll know
g that in every Southern State ther
were many inhabitants VINO did NJ
participate In the rebellion, but VIII
q actually took a part in its suppre.
g sion, or refrained from givin
5 it any aid or countenance; and there
h fore conclude that the true meanir
S of the resolution Is that no State,
n portion of whose Inhabitants wel
G engaged in the rebellion shall be pei
d mitted TO participate in the Pres
r Dental election except upon I'll
o terms and conditions therein pre-
: scribed. Assuming this to be tt
q true construction of the resolution
a the inquiry becomes pertinent, ma
h those Northern States, a porto
of whose Inhabitants were &C
n ually in the rebellion, be pre-
s vented, at the discretion OF Coz
: gress, from having their electoral vo
= counted. 1t is we'll known that
r portion of the Inhabitants of Il
lt States of New York and Virgin
q were alike engaged in the rebellio
! and it is equally we'll known that vi
'r ginia, as we'll as New York, was
ot all times during the war recognize
1t by the Federal Government as Sta
n in the Union, so clearly tn
> upon the termination of hotilities
le was not even deemed necessa
II for her restoration that
5, provisional governor should be a
q, pointed. According to this joi
a resolution, the people of Virgini
+, unless they comply with the conc
ly tions it prescribes, are denied I
ly right of voting for President and vi
I'd President, while the people of M
t. York, a portion of the Inhabitants
In which State were also In rebellio
ID are permitted to have the
a aIaotoroI vote cOuntad WithO