ent official." The person addressed said, "I think you are
mistaken." "How so? I saw it myself." "You are wrong, no murder was or
could be committed, for the law forbids it."

The theory that the rebel States, for four years a separate power and
without representation in Congress, were all the time here in the Union,
is a good deal less ingenious and respectable than the metaphysics of
Berkeley, which proved that neither the world nor any human being was in
existence. If this theory were simply ridiculous it could be forgiven;
but its effect is deeply injurious to the stability of the nation. I
cannot doubt that the late confederate States are out of the Union
to all intents and purposes for which the conqueror may choose so to
consider them.

* * * * *

But suppose these powerful but now subdued belligerents, instead of
being out of the Union, are merely destroyed, and are now lying about,
a dead corpse, or with animation so suspended as to be incapable of
action, and wholly unable to heal themselves by any unaided movements of
their own. Then they may fall under the provision of the Constitution,
which says "The United States shall guarantee to every State in the
Union a republican form of government." Under that power, can the
judiciary, or the President, or the Commander-in-Chief of the Army, or
the Senate or House of Representatives, acting separately, restore them
to life and readmit them into the Union? I insist that if each acted
separately, though the action of each was identical with all the others,
it would amount to nothing. Nothing but the joint action of the two
Houses of Congress and the concurrence of the President could do it.
If the Senate admitted their Senators, and the House their members,
it would have no effect on the future action of Congress. The Fortieth
Congress might reject both. Such is the ragged record of Congress for
the last four years.

* * * * *

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