Year: 1867

enee of one hundred and twenty-five MEM


bers. But for all this time we have acted


on the hypothesis that the House was COM


posed of only one hundred and eighty-four


members, deducting fifty eight for the rebel


States and that ninety-three made quo


rum. The Senate has acted on a similar


presumption, counting twenty six instead OF


thirty-seven as the constitutional quorum.


Probably more than half of our legislation


has been enacted, as will appear of record,


when either the House had less than one


hundred and twenty-five, or the Senate less
than thirty seven members present. All
this must therefore be unconstitutional and
void.


during the war. If the Confederate States
had not forfeited their privileges as States
in the Union they were entitled to cast
eighty electoral votes. These eighty votes
might have decided the contest, and they
might thus have chosen the Commander in
Chief of our Army and Navy to conduct
the war against them; or by casting their
votes for Jefferson Davis they might have
defeated an election by the people and thrown
it into this House. What then? We vote
by States, (article two, section seven, and
two thirds of all the States must be repre-
sented If Kentucky and Missouri had
Joined the Confederacy as they attempted to
do-and they actually were represented in
it during the entire war-more than one
third of the States would have been absent,
and the election of President would have
become impossible. The Senate would have
encountered the same difficulty in the elec-
tion of Vice President. To perform this
duty two-thirds of all the Senators must be
present. That number could not be had in
81 ~ nj h
out Executive officers until the rebel States
choose to relieve US by sending representa-
tives to aid in choosing them for us.


Suppose, again, that pending the war it
had become absolutely necessary to amend
the Constitution, that all parties concurred
in its propriety, and the loyal States were
unanimous upon the subject, 1t could not
have been done without the consent of the
separate republic and conducting war with
us, not the slightest change in our funda-
mental law, however necessary to our saliva
ton, could be had without their consent
And this state of things would have contin-
ucd as long as the war continued, even II 1T
were quarter of century: worse than
that, sir, they were States in the Union un
til they were released or expelled by an "a
mendment of the Constitution. Such an
amendment required the consent of all the
States. No matter, then, how the war
should terminate or whether it ter
minated at all, their power over us could
never be severed without their consent. Sc
ceding and fighting would not do, you say,
because these were unconstitutional acts.
But whipping us, would suppose, would
be quite as unconstitutional as fighting. Ii
they had succeeded in the war and main
ha,
have run their own government and in part
controlled ours in spite of us. The absurdl-
ty of this hypothesis proves the truth of the
of the other. When State rebels and lev
les war against the Union, it thereby forfeits
Its privileges as a State, and can only De re-
stored by Congress.


Absurd as the other theory is, upon it the
Secretary of State has undertaken to DIing
back to the Union the confederate popula-
ton, ireghted with all the belligerent inter
est collected by four and quarter years of
nationality and war. How? Not by con.
vincing the people; that has been tried and
failed. Not by executive patronage, that
has failed also. Not by corrupting Con
rress, for his old lobbyist is powerless here.
No, sir; he meditates the seduction OF an
other old man who happens to hold the bal
ance of power in the Supreme Court; vague
rnmors of mission to England are afioat.
The Secretary seems to think that man
who can betray his constituents and misrep-
resent his State will make good misrepre-
sentative of the nation abroad and why not
send second champion Of his theory to
faunt his soiled ermine at the court of St.
James and negotiate treaties for the pay
ment of confederate cotton bonds or re-
lease of claims for the piracies of the Ala
bama?


But his Judge must have something to
stand upon. The courts follow precedents
and the Rhode Island. case stands in the
way. This question is there held to be
political one, to be decided by the political
Government Eventually he will insist that
this decision has been made and made In
his. favor. To meet this emergency he is
now and has been for some time preparing
his facts. The emancipation amendment
was agreed to by twenty-three States out OF
the twenty-five then in the Union-many
more than the number required for its a
doption; but in his proclamation he chose
to omit from his count portion of these
States and add seven confederate communl-
ties to make the number required by his
There is a precedent for his.
Judge. So he submitted without authori-
ty to these same communities the amendment
now under consideration to be acted on by
them in the capacity of States. There is
another precedent. The Interior is prompt
ed to issue agricultural land scrip which can
only be given to those States in the Union,
aud the Treasury and Post Office Depart
ments are ordered out of their line of duties
to make some small recognition of these
as States. These will make so
many more precedents for his judge.


The Secretary first declares they are
States, treats them as States, procures 9th
er Executive Departments to do likewise,
and then cites his acts and declarations to