* * * * *

Congress alone can do it. But Congress does not mean the Senate, or the
House of Representatives, and President, all acting severally. Their
joint action constitutes Congress. Hence a law of Congress must be
passed before any new State can be admitted, or any dead ones revived.
Until then no member can be lawfully admitted into either House. Hence
it appears with how little knowledge of constitutional law each branch
is urged to admit members separately from these destroyed States. The
provision that "each House shall be the judge of the elections, returns,
and qualifications of its own members," has not the most distant bearing
on this question. Congress must create States and declare when they
are entitled to be represented. Then each House must judge whether
the members presenting themselves from a recognized State possess the
requisite qualifications of age, residence, and citizenship; and whether
the elections and returns are according to law. The Houses, separately,
can judge of nothing else. It seems amazing that any man of legal
education could give it any larger meaning.

It is obvious from all this that the first duty of Congress is to pass
a law declaring the condition of these outside or defunct States, and
providing proper civil governments for them. Since the conquest
they have been governed by martial law. Military rule is necessarily
despotic, and ought not to exist longer than is absolutely necessary.
As there are no symptoms that the people of these provinces will be
prepared to participate in constitutional government for some years, I
know of no arrangement so proper for them as territorial governments.
There they can learn the principles of freedom and eat the fruit of
foul rebellion. Under such governments, while electing members to the