Year: 1866




places in either of those bodies.


Hence it is very clear to my mind
that the exclusion Of States as States
for any reason, supposed or alleged, is
u violation Of their constitutional priv
ilcgcs. The members who may be in
possession of the Senate Chamber and
House Of Representatives have the same
right TO assume that New York as that
Georgia is unfit to bc represented until
il complies with their prescribed roqui-
sitions; and if they may exclude clcv-
en- States they may exclude twtnty. and
each will effect alike the Constitutional
legitimacy of the body, which thus lays
down conditions for admission and re-
fuses tito those who donot comply with
those conditions. The wrong would
be more glaring if n majority were ex-
cluded, but the principle would be the
same.


1t may be said that in the Senate
there could not be n constitutional
quorum if twenty were excluded, hut
what Of that? Admit the binding ef-
ficacy of the Constitution and there il
an end of the argument.


With n view TO the present and fu-
turc quiet Of the country am anxious
that the present state Of things should
cease TO exist.


Laws formally enacted by the mem
bers and certified, approved by the off
GERS Of the two Houses and the Prcsi-
dent, must be recognized ty our courts
without inquiring into the regular con
stitution Of each of the powers cnac-
ting them, but whatever comes in the
form of law, emanating from n single
branch Of the law-maliing power, is in
my Judgment open to examination.
As, or example, if but onc-third of the
States should meet and take possession
Of the halls ofthc Senate and House of
Representatives, enact resolves i'm the
form OF law without executive sanction
or recognition, il would be absurd to
say that the courts would be bound to
hold that such resolves were law, with
out having power TO inquire into the
constitutionality of the assembly enac-
ting them. This is but on n fortjoyi
case-tho principles is precisely the
same with that before us. 1t is quite
immaterial whether ne-third or two
thirds of the States be excluded from
participation in the enactment. Admit
the right Of inquiry into the constitu-
ton of the cnacting body in one case,
the same right follows in the other, and
the illcgitimacy in the one case is as
clear as in the other, This difficulty
applies to the Civil Rights Bill, to the
last Frccdmen's Bureau Bill, and TO the
Constitutional Amemdment.


This objection, together with the
Constitutional difficulties in the sew
eral bills, can be brought before the
courts, and it is not too much to say
that their decision will be doubtful on
that point, if on that alono. On such
reflection as j can give it, think these
enactments would be each and all of
them held void


This Of course, does not apply to
cases where the States did not appear
ut the proper time and place and oilcr
their Senators and Representatives.


1t would have aquieting clioctand be
but reasonable sacrifice to constitution
and law to repeal, at the earliest possi-
bic moment, all such cnacments Of the
last session Of Congress which. have
not received the sanction of the Prcsi-
dent. For whatever the decision of
the Courts may be on the subject, it is
quite clear that the opinion of the
Bench and Bar Of the United States.
outside Of political circles and beyond
political influence, will not be unani-
nous in favor Of the validity of these
laws. They will not be absolutely and
respected by the mass Of the
people us they would have been if en-
acted by Il Congress in which all Of the
United States were suffered to be rep
resented.


There are reasons urged for refusing
the admission Of the eleven rejected
States into the legislative councils of
the Nation. Stripped of all ambigity,
the result is this Exclusion is said to
be necessary in order to retain power
in the hands Of the present majority;
and it is not, think, generally claimed
to be Constitutional but right and roa-
sonablo in the present excepted case.
But allow this as a precedent, and
special excepted cases will arise, in the
opinion Of the party in power. The
present Congress can not say, "thus
far and no fnrther," The Constitution
allows no such exception; if violated
but for n day, it is violated


This ] look upon as the great source
Of evil pregnant with political mischief
II is a sap aDDlied TO the worry foundation
OF our National ediiico: and if pressed
forward to its results, must shake, if
not destroy it. 1T is needless and idle
to dwell upon the past---that which be-
longs to history; but it is not perhaps
improper for mo TO say that haga not
in all things entirely concurred in the
action of the past on present Executive.
In the direct political movement necos-
sary to preserve tho integrity of the
4 Ia