Nor, again, can the fact that Andrew Johnson has been selected by the Convention of a powerful political party as candidate for the Vice-Presidency be any argument for these ancient rights. It is not necessary that a candidate for President or Vice-President should belong to a State. It is enough, under the Constitution, that he is “a natural born citizen.” He may be of the District of Columbia, or of a Territory, or of a Rebel State; for these are all equally within the rightful jurisdiction of the United States, and this is enough. The national jurisdiction is permanent and indefeasible.
Therefore, I repeat again, we must look beyond the virtues of individuals. Not all the virtues under heaven can suffice to make a State of this Union, or establish any claim for restoration to ancient rights, where there is failure to comply with essential requirements.
The question under consideration is of momentous interest. It concerns primarily the claim to a seat in the Senate; but it includes also the right of the State of Arkansas to share at this moment in the National Government by representation in Congress, and also the other right of participating in the approaching Presidential election. And behind this great question looms that other, “How shall we treat the Rebel States?” This has already been answered by the House of Representatives in a bill passed by that body; but it has not yet been decided by the Senate.
Unexpectedly, the great question and all the subordinate questions are presented for decision. Not only Arkansas, but Louisiana, and every other Rebel State, will await your judgment. No question of equal importance has been presented since it was determined to meet the Rebellion by arms.
For the present I forbear all minute discussion, either of history or principle. It will be enough, if I state the case, and exhibit the questions involved.
William M. Fishback, a citizen of Arkansas, appears before the Senate of the United States, and claims membership. He asserts that he has been duly chosen to fill the unexpired term of Senator Sebastian, who was expelled in 1861 for complicity with the Rebellion; and he produces a certificate purporting to be signed by the Governor of Arkansas.
Shall this claimant be admitted to a seat in the Senate? Such is the immediate question. But I have said that there are other questions, of the highest importance, which must be considered now and here; for they all enter into the present case. Admitting the claimant, we must also admit that other claimant who has appeared with like credentials as colleague. The question is not, therefore, Shall Arkansas have one vote in the Senate? but, Shall it have two?
Then, again, if Arkansas is fully represented in the Senate, does it not follow that it is to be represented to the same extent in the other House? If represented in that Chamber, such representation must be under the existing Apportionment Act, assigning to Arkansas two Representatives, chosen by districts, without reference to the number of votes polled in either.