JOINT RESOLUTIONS. 897
of Congress, as they have so emphatically asserted
in their report. It must be taken as true, that, in
their view the danger is real and imminent. Bat
considering the difference in the weapons used
"in the halls of Congress" from those employed
on that other "battle field," and considering that
the Southern Representatives, in disparity of num-
bers, would be at as great disadvantage in the
one as on the other, it is difficult to imagine a
higher tribute than they pay to Southern Repre-
sentatives for that moral power and intellectual
prowess which usually command success in legis-
lative halls, and which, in the opinion of the Com-
mittee, if admitted into the halls of Congress,
would achieve such terrible results.
Section three of the proposed amendment de-
scribes a class of persons thereby declared to be
inelligible to be a Senator or Representative in
Congress, Elector of President and Vice Presi-
dent, or to hold any office, civil or military, under
the United States, or under any other State.
"Every person having previously taken an oath
as a member of Congress or as an officer of the
United States, or as a member of any State Legis-
lature, or as an Executive or Judicial officer of any
State, to support the Constitution of the United
States who shall have engaged in insurrection or
rebellion against the same, or given aid or com-
fort to the enemies thereof" belongs to this pro-
scribed class.
Two things are inevitably admitted by Congress
in proposing this section as an amendment to the
Constitution. First, that there was no law in
existence at the time when the act was committed
which prescribed the proposed punishment. Sec-
ond, that Congress hag now no rightful power
under the Constitution to pass a law to impose
such punishment.
If there was such a law, or if Congress had the
rightful power to pass such a law, why ask the
ratification of this amendment by three-fourths
of the Legislatures of the several States to make it
"valid as a part of the Constitution."
This third section presents a most grave ques-
tion for the consideration of the Legislature. It |
Report of the
Committee.
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