The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-08-04
Reconstruction--A TEST Case.

FRIDAY .......... AUGUST A, 1876. |
Unconstitutional Test Case.
1t is known 20 our readers that Governor |
Coke has been elected to the United States
Senate from Texas. AS he Is a Virginian |
by birth and has a large family connection
in this State, his course is watched with In
terest by good many OF our people. II we
might Judge from the indications which we
have seen in the kitchen organ at Washing
ton (poor authority, we confess), his right
to his seat would be contested. Not be-
cause he has any competitor, nor that there
was any unlawful proceeding in the act OF
his election, but for the "eXcuses" set
forth in the following article from the Waco
Register:
sour Texas Democratic Governor, Coke,
who has been elected by the Legislature to
the United States Senate, may not be able to
get into that body. lie has been elected
under Constitution in violation OF the act
OF Congress admitting the State to repre-
sentatioa in Congress. The act OF Congress
OF which we speak-act OF 30th OF March,
1870, United States Statutes, volume 16,
page S0-SayS:
s.Thc performance of these several acts in good
faith is condition precedent to the representation
That the State Of Texas is admitted to representa-
ton III Congress one Of the States of the Union
pSn the nas the
OF Texas shall never be amended changed RS to
Saie< Of tie school rights and privileges secured by
the Constitution of said State"
Now, the Constitution has been so
changed as to deprive citizens OF the school
rights enumerated.
.tThe late Constitution provided for pub
lie schools for at least four months Iii the
year. and also that zone fourth OF thoaa
revenues derivable from taxation shall be
levied and collected for the benefit OF public
schools
..Thc new Constitution (undcr which
Coke has been elected to the Scnate) does
not make it obligatory upon the State Gov
crnmcnt to levy, collect, or set apart one
cent O: the revenue deriyable from taxation
TO schools.
..The Constitution under which Coke has
been elected is right in the face OF the act OF
Congress under which all our Texas se!.a-
tors and representative have been admitted
mp to this time since the war;
A question both highly important and eX-
.ceedingy interesting would thus be raised,
il the Radical leaders did not know better
than to do it, 1t is question in which the
northern States are as much interested as
the southern States. 1t Is plainly basco
upon the idea that Congress not only has the
RIGHT 10 admit States into the Union, rs 1t
Gid in the case OF Texas in 1915, but that 1t
has the right to admit States TO representa-
ton in Congress, as it did in the case OF
Texas in 1870; and, consequently, tine waco
Register argues, has right to deny to any
and every State the "privilcgc" OF being
represented in Congress. 1t is not strange
that this Texas editor and the kitchen or
CAMS editor should have reached this con-
clllSion. The act Of Congress quoted above
is either mere mass Of imperative and I'M
meaning words or else it means that Con-
s.. s,ress has the power to deprive New York
OF her representation in that body il she
should displcase the majority OF its members
in any way; for il Congress possesses
this extraordinary power, it possesses It as
against New York and Massachusetts, as
clearly as against Texas and Louisiana.
And il Congress possesses this dangerous
power at all, it is Il clear case that Congress
is the sole Judge as to the occasion for its
exercise. New York might have her own
opinion on this point; but it would amount
to nothing. 1t would be Of no more value,
receive no more consideration, and have no
more effect, than the opinion held by oil the
southern States in 1860 that they had an I'M
doubted right to seccde from the Union.
1t would be rs unwise and unavailing IN
New York to set up her own theories in the
case supposed as it was in the "rebcl =
States TO set up theirs in 1860. We would
not be understood as denying this power to
Congress. Far from it, We are not so
f.disloyal.' The State OF Virginia was adj
mitted 10 representation under an act OF
Congress containing language OF like inn
port. The 8 fundamental conditions - may
have been somewhat different in her case !;
but they were CHAR" They were intended
to mean something; and if p was not that
Congress would turn our representatives
out OF that body in case these "funda-
mental conditions" were violated, then we
don't know what it WAS. But whilst we do
not "deny," Congress will not dare to ''a.-
firm" that it has any such power.
Old THAD. STEVENS used to say that the
southern States had never been out OF the
Union. and that it was all I'D nonsense"
to talk about the Constitution in connection
with The reconstructonsacts. He saw that
the Constitution had to be laid aside or else
the southern States were as truly in the
Union in 1866 as they had been in 1860. No
act Of their own could dissolve their con-
nection with it, and no act OF Congress
could dissolve it. Then, how had they got
ten out: He knew that they had never for one
moment been out of the Union or else that all
The theories upon which the war was car
ried on were uniounded. So he cast aside
the Constitution, and framed his reconstruc-
ton measures without reference to the
limitations and restrictions upon the pow
ers of Congress imposed by that instrument.
These measures accomplished the purpose
for which they were framed. The States
We're err reconstructed - according to STE
yENs'S patent modus. They elected repre-
sentatiyes to Congress. Then the old repro
bate got up form OF admission, as quoted
above. What it means, we shall never
learn from Congress. Even the Radical
Senate will not dare to raise such {; ques-
ton. IL Dir. CoKE'S enemies cannot find a