has rendered it all the more difficult to discover any thing of Constitutional principle, or any thing of true national policy, in its persistent denial of all representation to the other Southern States. Congress has ample means of protecting itself, and of protecting the country, from the presence of disloyal men in the halls of legislation, by the simple exercise of the power, which each branch possesses, of deciding without appeal on the qualifications of its own members. Had the case of each individual Senator or Representative elected from the States lately in rebellion been taken up by itself, and fairly considered on its own merits, agreeably to the wise suggestions of President Johnson, no one could have complained, whatever might have been the result. But I know not how either branch could have consented, as it has done, to compromise its constitutional independence, by submitting any question as to its members either to legislative or executive discretion. This great question of representation is not a question which concerns only the Southern States, who, I know, are regarded by not a few unrelenting men as having forfeited all rights which the Northern States are bound to respect. It is a question which concerns the Constitution and the whole country. The people of the whole Union have a right to demand of their public servants an exact and faithful observance of the Constitution and of all its provisions. It was to enforce and vindicate that Constitution that their blood and treasure have been poured out so lavishly during the late four years of civil war. Who could have believed, in advance, that a year and a half after that war had ended, and after the Union had been rescued and restored so far as our gallant armies and navies could accomplish it, nearly one-third of the States should still be seen knocking in vain at the doors of the Capitol, and should be denied even a hearing in the councils of the country? Such a course may, indeed, be calculated to prolong the predominance of a party, but it seems to me utterly inconsistent with the supremacy of the Constitution. I have no disposition, however, to indulge in any imputations either upon parties or upon individuals. I hope that a spirit of forbearance and moderation will prevail at Philadelphia, notwithstanding the insulting and proscriptive tone in which the Convention has been assailed by so many of the opponents of the President of the United States. But I shall be greatly disappointed, I confess, if through the influence of that Convention, or through some other influence, the people of the whole country are not soon aroused to the danger of allowing the Constitution of the United States to be longer the subject of partial and discretionary observance, on the part of those who are sworn to support it. It is vain to offer test oaths to others, if we fail to fulfil our own oaths. The necessi ties of a state of war may be an excuse for many irregularities, both legislative and executive. But, now that, by the blessing of God, a state of peace has been restored to us, we are entitled to the Constitution and the Union in all their legitimate authority and extent. Nothing less than the whole Constitution and the whole Union ought to satisfy us. For one, I should despair of the restoration of law and order in the Southern States, and even of the maintenance of our own national credit, if there should fail to be exhibited at Washington something of that scrupulous adherence to the Constitution and the Laws which characterized the earlier days of the Republic. Nor could any thing, in my judgment, be of worse influence upon the future career of our country than that Congress should even seem to be holding in abeyance any provisions of the Constitution, until they shall have been changed, under duress, in order to suit the opinions, or secure the interests of a predominant party. Against such a course of proceeding, I trust the Convention at Philadelphia will put forth a seasonable and effective protest. Once more regretting my inability to be present at that Convention, and thanking all to whom I am indebted for the honor of being named as a delegate, I remain, dear sir, with great regard, Very faithfully, yours, ROBERT C. WINTHROP 45 |