Year: 1867

forcement of the laws, terms of restor-
alton are proposed.


But it is not simply the provisions of
the amendment that meet with obJec-
ton. 1t is contended that in the alb
sence of the representatives from the
ten Southern States, Congress is not le-
gally constituted, and therefore, cannot
rightfully propose any amendment
whatever to the constitution. Ii this Is
a correct position, then there has been no
constitutional Congress since the South
ern members left it in 1861; and all the
laws passed for the raising of men and
money, or otherwise providing for the
suppression of the rebellion, were in
valid, and were acts of usurpation. Ii
the absence of the representatives from
ten States disorganizcs the government,
then we are at the mercy of minority,
and the withdrawal of the representa-
tiyes Of one State, or of one member,
would effect the same end; and thus we
find that this position results in an ab-
surdity.


But we are not lett to conjecture, on
this question. The constitution is cN-
plicit. In article l, section 5, OF that
instrument, it is provided that "a ma
ioritv of each (House) shall constitute a
aurum to do business, mot Of partic-
ular kind or character, but business gem
orally; and while there is quorum 1t
is called the 'House." 1t will be found,
upon examination, that wherever 1t Is
said in the constitution that either
"Housc" may do an act, this is to be
taken in connection with the provision
quoted that "a majority shall constitute
a quorum to do business" and nowhere
in the constitution is it declared that
any other number than a majority is re-
uuired "to do business" of any kind.
And the only difference between ordl-
nary legislation and proposition to
amend the constitution is, that i'll the
former case, under parliamentary rule,
n majority of both Houses is sufficient
to pass any measure, while In the latter
two-thirds of both Houses is required
by the constitution. But two-thirds Is
also required to pass bill over the veto
of the President, and in some other in
stances; yet in these cases it never has
been pretended that moro than two
thirds of quorum was required, until
since the rebellion.


1t now seems to he admitted, however,
that there may have been preteNt for
proceeding with legislation during the
rebellion, while the Southern represen-
tatives were absent in obedience to the
command of their States, yet, rs they
have now returned by like command,
and ask permission to participate in the
proceedings of Congress, that body Is
not legally constituted rs long as they
are refused such permission, no matter
what their States may have been EN-
gagged in during such absence. But II
certainly should not be entertained for
moment that minority, even in
obedience to the command of their
States, can make one number necessary
to quorum at one time, and different
number at another time. The rule Is
fixed by the constitution and continues
the same without regard to what a
minority, or the States they represent,
may do.


In further opposing the amendment,
the South say that after the conflict at
arms was over, they accepted the terms
proposed by the Executive and COM
piled with all that he required to re-
store them to their proper relations to
the government, and that it is not
keeping faith with them now to require
any further conditions. But it must be
remembered that while the process OF
reorganizing the Southern States, di-
rected by the President, was going on,
Congress was not in session, and could
not therefore either consent to, or dis
sent from what was being done; that
in some of the States they were express
" informed by the President, and i'll all
it was understood that the organizations
being formed under his proclamatisns
were merely provisional and subject to
the ultimate decision of Congress. And
this was, also, the understanding of the
whole country. AS soon as Congress
assembled, it was apparent to all that
the policy of restoration which had
been adopted did not meet the appro-
baton of that body, and that they
deemed it their duty rs the law making
power of the government to prescribe
such terms of restoration to the insur-
gent States rs would secure the future
peace and safety of the nation; and
this they did before they adjourned, by
the amendment to the constitution
which is now proposed to the States for
ratification.


The position assumed, that the ac-
tion taken in the rebellious States I'M
der the proclamations and orders of the
executive is conclusive on the other
departments of the government, and
that Congress has no authority to go
behind il and impose additional terms ;
but should ut once admit the rcpresen-
satives from those States, cannot be
maintained or assented to. Congress is
the law making power of the govern
mcnt and according TO the spirit, rs
well as the plain provisions
of the constitution, that body has
the power, and it is its imperative duty,
to provide for the general welfare of the
country. After the war was over, it
devolyed on Congress to examine into
the condition of the rebellious States,
and to ascertain the conduct and senti-
ments of the people of those States, and
then to adopt such measures as would
secure the enduring peace, safety and
prosperity of the country. And the
South should neither be tiattered, nor
deceive themselves with the pretension
that anything done by the executive
could either supercede the jurisdiction
of Congress over, or preclude it from
taking control of, the subject Of recon-
structiOn.


If the terms proposed are not accept
ed in the spirit in which they are ten
dered, this will manifest such disre-
gard for the legally constituted author-
tiles of the United States as may seem
TO require action Of q more decided char
acter.


In addition to the general subjects of
legislation you have a solemn duty to
perform in sustaining the great loyal
cause of the country. The contest,
whatever form it may assume, is not
yet ended. Let US then perform the du-
ties Of the present hour fearlessly and
faithfully, and gird ourselves afresh for
whatever may await US in the future.


ARTHUR l. BoREMAN.
EXECUTIVE DEPARTMENT,