Year: 1866

other States, whose inhabitants with those Of


Tennessee, had engaged in the rebellion. Ten
States-more than e-fourth of the whole mum
| ber-remain without representation the seats


of fifty members in the House Of Representa-


tives and Of twenty members in the Senate are


yet vacant mot by their own consent, not by a


failure Of election, but by the refusal of Con


gress to accept their credentials. Their admis-


sion, it is believed, would have accomplished


much towards the renewal and strengthening OF


our relations as one people, and removed serl-


Gus cause for discomfort on the part of the in
habtants of those States. 1t would have ac-


corded with the great principle enunciated in


the Declaration of American Independence,
| that no people ought to bear the burden of tax


ation and yet be denied the right of represen-


tation. 1t would have been in consonance with
the express provisions Of the Constitution, that
| each State shall have at least one Representa-
! tive, and that no State, without its consent,
shall be deprived of its equal suffrage in the


Senate. These provisions were intended to
| secure to every State, and to the people Of ev-
cry State, the right Of representation in each
House OF Congress and so important was it
deemed by the framers of the Constitution that
| the equality of the States in the Senate should
be preserved, that not even by an amendment
Of the Constitution can any State, without its
consent, be denied voice in that branch of the
NauOnal Legislature.


SOUTHERN STATES STILL IN THE UNION.


1t is true, it has been assumed that the exist


ence Of the States was terminated by the rebel
Hous acts Of their inhabitants, and that the in
Surrectlon having been suppressed, they were
thenceforward to be considered merely as con-


quered territories. The Legislative, Executive,
and Judicial Departments Of the Government
have, however, with great distinctness and uni


form consistency, refused to sanction an assump


ton so incompatible with the nature of our re-
publican system, and with the professed objects
of the war. Throughout the recent legislation


of Congress the undeniable fact makes itselfap-


parent that these ten political communities are


nothing less than States Of this Union. At the
very commencement Of the rebellion each House
declared, with unanimity as remarkable as it


was significant, that the war was not fWaged,


on our part in any spirit of oppression, nor for


any purpose of conquest or subjugation, nor


purpose of oyerthrowing OR interfering with the


rights or established institutions OF those States,
but to defend and maintain the supremacy of
the Constitution and all laws made in pursuance
thereof, and to preserve the Union with all the


dignity, equality, and rights ofthe several States


unimpaired and that as soon as these objects


were accomplished the war ought to cease


In some instances, Senators were permitted to


continue their legislative functions, while in


other instances Representatives were elected


and admitted, to seats after their States had


formally declared their right to withdraw from


the Union, and-were endeayoring to maintain


that right by force. All of the States whose


people were in lusurrectl0n as States were in


c1uded in the apportionment of the direct tax of
twenty millions Of dollars annually laid upon the


United States by the act approved 5th August,
1861. Congress, by the act of March 4, 1862,
and by the apportlonment of representation
Hereunder, also recognized their presence as
States in the Union and they have, for judicial


purposes, been divided into districts, as States
alone can be divided. Ihe4same recognition ap-
pears in the recent legislation in reference to
Tennessee, which evidently rests upon the fact
that the functions ofthe State were not destroy
ed by the rebellion, but merely suspended and
that principle is Of course applicable to those
States which, like Tennessee, attempted to re-
nounce their places in the Union.


The action of the Executive Department of
the Government upon this subject has been
equally definite and uniform, and the purpose
of the war was specifically stated in the Procla-
nation issued by my predecessor on the 22d day
of September, 1862. 1t was then solemnly pro-
claimed and declared that hereafter, as here


tofore, the war will be prosecuted for the object
of practically restoring the constitutional rela-
ton between the United States and each Of the
States and the people thereof, in which States
that relation is or may be suspended or disturb
ed


The recognition of the States by the Judicial
Department of the Government has also been
clear and conclusive in all proceedings affecting
them as States, had in the Supreme, Circuit,
and District Courts.


In the admission of Senators and Represent
atives from any and all of the States, there can
be no just ground Of apprehension that persons
who are disloyal will be clothed with the powers
of legislation for this could not happen when
the Constitution and the laws are enforced by a
vigilant and faithful Congress Each House is
qualifications of its own members" and may,
with the concurrence of two-thirds, expel
member. When a Senator or Representative


presents his certificate of election, he may at


once be admitted or rejected or, should there


be any question as to his eligibility, his creden-


tials may be referred for investigation to the


appropriate committee. If admitted to seat,
it must be upon evidence satisfactory to the
House of which he thus becomes a member,


that he possesses the requisite constitutional


and legal qualifications. If refused admission


as member for want of due allegiance to the


Government, and returned to his constituents,


they are admonshed that none but persons 10y
al to the United States will be allowed a voice
in the legislative councils of the nation, and the
political power and moral influence of Congress
are thus effectively exerted in the interests Of
loyalty to the Government and fidelity to the
Union Upon this question, SO vitality affecting


the restoration of the Union and the permanent
cy of our present form of government, my con-


victions, heretofore expressed, have undergone


no change; but, on the contrary, their correct


ness has been confirmed by reflection and time.
If the admission of loyal members to seats in


the respective Houses of Congress was wise and
expedient a year ago, it is no less wise and ex-
| pedient now If this anomalous condition is
| right now-if, in the exact condition of these


States at the present time, it is lawful to exclude
| them from representation, | do not see that the
question will be changed by the eff1ux of time
| Ten years hence, if these States remain as they
are, the right of representation will be no strong


er-the right of exclusion will be no weaker
DUTY OF THE EXECUTIVE. ,t.
! The Constitution of the United States makes
| it the duty of the President to recommend to
the consideration of Congress such measures


as he shall judge necessary or expedient." [


know OF no measure.more imperatively demand
| ed by every consideration of national interest,


sound policy and equal justice, than the admis-


sion of loyal members from the unrepresented


States This would consummate the work of


restoration, and exert a most salutary influence
| in the re-establlshment of peace harmony, and
| fraternal feeling. 1t would tend greatly to re-


new the confidence of the American people in


the vigor and stability of their institutions. It
IL ool1.- Il