History of the Thirty-Ninth Congress of the United StatesBarnes, William Horatio
History
History of the Thirty-Ninth Congress of the United States
Barnes, William Horatio
United States -- Politics and government -- 1865-1869; United States. Congress (39th : 1865-1867)
"Under the Constitution, upon all subjects of legislation but one, the
two houses are equal and cooerdinate branches of Congress. That one
relates to their representation in the bodies, to their membership,
that which constitutes their existence, which is essential to their
life and their independence. That is confided to each house, and to
each house alone, to act for itself. It judges for itself upon the
elections, returns, and qualifications of its members. It judges, it
admits, it punishes, it expels. It can not share that responsibility
with any other department of the Government. It can no more share it
with the other house than it can share it with the Supreme Court or
with the President. It is a matter over which its jurisdiction is
exclusive of every other jurisdiction. It is a matter in which its
decisions, right or wrong, are absolute and without appeal. In my
opinion the Senate of the United States can not give to a committee
beyond its control this question of the representation in this body,
without a loss of its self-respect, its dignity, its independence;
without an abandonment of its constitutional duty and a surrender of
its constitutional powers.
"There is another provision in this resolution, as it stands, that we
shall refer every paper to the committee without debate. Yes, sir, the
Senate of the United States is to be led like a lamb to the slaughter,
bound hand and foot, shorn of its constitutional power, and gagged,
dumb; like the sheep brought to the block! Is this the condition to
which the Senator from Michigan proposes to reduce the Senate of the
United States by insisting upon such a provision as that contained in
the resolution as it comes from the House of Representatives?
"There is a still graver objection to this resolution as it stands.
The provision that 'until such report shall have been made and finally
acted on by Congress, no member shall be received into either house
from any of the so-called Confederate States,' is a provision which,
by law, excludes those eleven States from their representation in the
Union. Sir, pass that resolution as it stands, and let it receive the
signature of the President, and you have accomplished what the
rebellion could not accomplish, what the sacrifice of half a million
men could not accomplish in warring against this Government--you have
dissolved the Union by act of Congress. Sir, are we prepared to
sanction that? I trust never.
Public-domain text, read in full here on John Shaqi.
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