Congress of the United States

“ Gentlemen, who candidly consider these things, will not say that arguments against the assumption of power by Great Britain can apply to the Congress of the United States. Again, sir, it has been said, that because ten men of Rome, chosen to compile a body of laws for that people, remained in office after the time for which they were chosen, therefore the Congress of America will perpetuate themselves in government. ”

“ The Congress of the United States do resolve and declare it to be their most earnest desire, that the Legislature of the State of Rhode Island and Providence Plantations, do recommend to the people of that State to choose delegates to meet in convention and to whom the constitution of the United States is to be submitted, conformably to the unanimous resolution of the United States in Congress assembled, of the 28th of September, 1787. ”

“ Congress—the Senate and House of Representatives, with the concurrence of the President—is the only power that can act in the matter. But suppose, as some dreaming theorists imagine, that these States have never been out of the Union, but have only destroyed their State governments so as to be incapable of political action, then the fourth section of the fourth article applies, which says, 'The United States shall guarantee to every State in this Union a republican form of government.' Who is the United States? ”

“ He considered it to be the duty of this House, in introducing an amendment to the constitution on this point, to secure to the people the benefits of choosing the President, so as to prevent a contravention of their will as expressed by Electors chosen by them; resorting to legislative interposition only in extraordinary cases: and when this should be rendered necessary, so guarding the exercise of legislative power, that those only should be capable of legislative election who possessed a strong evidence of enjoying the confidence of the people. ”

“ Can it be supposed that the inhabitants of a single district in a State, are better informed with respect to the general interests of the Union, than a select body assembled from every part? Can it be supposed that a part will be more desirous of promoting the good of the whole than the whole will of the part? I apprehend, sir, that Congress will be the best judges of proper measures, and that instructions will never be resorted to but for party purposes, when they will generally contain the prejudices and acrimony of the party, rather than the dictates of honest reason and sound policy. ”

“ Could he use the public force to redress our wrongs? Certainly not. This must be the act of Congress. They are now to judge of ulterior measures; they must give the power, and vote the means to vindicate, in a becoming manner, the wounded honor and the best interests of the country.
Mr. R. said, he held in his hands certain resolutions for that purpose, and, before he offered them to the Senate, he would fully explain his reasons for bringing them forward and pressing them with earnestness, as the best system the United States could now pursue. ”

“ The Thirty-ninth Congress is remarkable for having run its entire career with the constant opposition of the Executive obstructing its progress. In all representative governments, a contest between the executive and the legislative branches of the government has sooner or later arisen, which has invariably ended in the defeat of the former. ”

“ This Congress is to consist of a House of Representatives, to be chosen by the people immediately, and responsible to them at the end of every two years; and a Senate, to be chosen by the Legislatures of the different States, who are chosen by the people—one-third of the Senators to be chosen every two years, and responsible at the end of every six years. The Executive power is vested in a President, who is chosen by electors, who are chosen for the express purpose by the people, and responsible at the end of every four years. ”

“ But the execution of the powers of the Government itself is no more to be considered than the nature of its formation; for I do believe there is a tendency in all Governments like ours to produce a union and consolidation of all its parts into the Executive department; and that the limitation and connection of the parts with each other, as settled in the constitution, would be destroyed by the influence I have mentioned, unless there is a constant operation on the part of the Legislature to resist this overwhelming power. ”

“ Washington, March 7, 1871.
The Forty-first Congress of the United States has passed into history. It will simply be remembered on account of its negative qualities. It has done little good to its friends, and less harm to its enemies. It attempted reconstruction, but this was too large a pill for so small a throat, so the whole matter has been stowed away in Ben Butler’s committee room, where it is expected that it will be kept in the very best state of preservation. ”

“ As the proceedings of Congress, the army, and myself, are open to all, and contain, in my opinion, sufficient information to remove the prejudices and errors which may have been entertained by any, I think it unnecessary to say any thing more than just to observe, that the resolutions of Congress now alluded to, are as undoubtedly and absolutely binding upon the United States, as the most solemn acts of confederation or legislation. ”

“ The reässembling of Congress, marking as it does the procession of our national history, is always regarded with interest by the people for whom it is to legislate. But it is not unsafe to say that millions more than ever before, North, South, East, and West, are looking to the Congress which opens its session to-day with an earnestness and solicitude unequaled on similar occasions in the past. ”

“ If I am correct in this opinion, what necessity exists for these amendments of the Constitution? Let the States be represented in the Senate and House by men who can conscientiously qualify as members; and after that, when we have a full Congress, with the whole country represented, let any amendment that may be required be proposed, and let those most interested have an opportunity to participate in the debates and deliberations of matters of so much moment to every citizen. ”

“ The population of every new country must necessarily be composed of a heterogeneous mixture of various tempers, characters, and interests. In a population thus composed, it would be highly ridiculous to expect that love of order and obedience to law would always predominate. Therefore the old Congress wisely reserved to itself the right to control them; to give the Governor power, when a Legislature became disorderly, to dissolve them; and for the exercise of this power he is accountable to the General Government. ”

“ As it is impossible for any one Congressman to give that minute and particular attention to all the numerous interests demanding legislation, essential to a wise determination as to what bills should be presented, and how they should be drawn in every case, the various subjects are parceled out among those whose opportunities, interests, or inclinations have led them to give particular attention to the matters committed to their charge. ”

“ Sir, in olden times it was totally inadmissible in the British Parliament for any member to allude to any opinion that the king might entertain on any thing before the body; and much more, sir, ought an American Congress never to permit any member to allude to the opinion that the Executive may have upon any subject under consideration. He has his duty to perform, and we ours; and we have no right whatever under the Constitution to be biased by any opinion that he may entertain on any subject. ”

“ No, sir, it is not possible that an American Congress does exist, or can ever exist, that would not spurn from themselves every vestige of an idea that they could be brought, under any circumstances, to perform so degrading and dishonorable a task. It is imperiously demanded by the dignity and candor of Congress itself. ”

“ Many things said and done in the Thirty-Ninth Congress, of great importance to the nation, are by necessity omitted. The reader, in forming his opinion of Congressional character and ability, will bear in mind that those who speak most frequently are not always the most useful legislators. Men from whom no quotation is made, and to whom no measure is attributed in the following pages, may be among the foremost in watchfulness for their constituents, and faithfulness to the country. ”

“ It is strong—strong in the number of its votaries, strong in its social influences, strong in its political power, strong in the belief that the executive department of this Government is in sympathy and community of purpose with them, strong in the belief that the controlling majority of the supreme judiciary of the land is with them in legal opinion, strong in the belief that the controversy in this body between impracticable zeal and incorrigible timidity will prevent any thing of importance being accomplished or any legislation matured. ”

“ Go back and labor as industriously to disabuse the minds of your constituencies as you labored to mislead and impose upon them. Tell them that the Union Government always was and never can be any thing else than a just Government. Tell them that the Constitution has become the acknowledged sovereign, and that it presides in both houses of Congress. Inform them, while you are about it, that the rebel sympathizers and apologists in the North can do them no good ”

“ Let us not give the enemies of our new Government cause to exult, and its friends to sigh and mourn. Let us not give our friends occasion to repeat what many have said, that so many of our citizens have been led away by theoretical writers on government, as to render it problematical whether the American States are not at this time as much indebted to the National Assembly for its remains of Republican principles, as France was to Congress, in 1776, for their first ideas of that liberty which they now enjoy. ”

“ But it has been said that the powers of each Congress are equal, and that a subsequent Legislature can repeal the acts of a former; and as this law was passed by the last Congress, we have the same power to repeal it which they had to enact it. This objection is more plausible than solid. It is not contended by us that legislatures who are not limited in their powers have not the same authority. The question is not what omnipotent Assemblies can do, but what we can do under a constitution defining and limiting with accuracy the extent and boundaries of our authority. ”

“ Our constitution being framed by the people, and introduced to us in their name, and Congress being the creatures of their will, spoken into existence by the word of their power, for Congress to lessen their weight, to diminish their importance, and to exclude them from as full a share in their own Government as can be consistent with the nature of it, and indeed from that share which they claim, must be impolitic and dangerous. ”