Secondly. It is not within the jurisdiction of any particular State.
Thirdly. It is within the power and jurisdiction of the United States.
From these again ensues the necessity of Congressional jurisdiction.
2. It would be unreasonable, if not absurd, for each Chamber to determine the question of representation for itself. Suppose, for instance, the Senate admit claimants from Arkansas, and the House reject them. Then we should witness the anomaly of a State admitted to one Chamber and excluded from the other. This would be semi-admission into the Union. Part would be in, and part out. The Senators and Representatives of the same State would be compelled to separate, as, in Grecian mythology, one of the memorable twins, Castor and Pollux, was translated to Olympus, and the other was left upon earth. The Constitution does not contemplate the repetition of any such fable. Arkansas must stay away, until she can be received in both Houses, and be recognized as a unit, not as a fraction; but no power short of Congress can assure this equal reception in both Houses.
3. Authority is in harmony with reason. The question seems to have been anticipated by the opinion of the Supreme Court of the United States, as pronounced by Chief Justice Taney in the case of Luther v. Borden. Here are the words:—
“The fourth section of the fourth article of the Constitution of the United States provides that the United States shall guaranty to every State in the Union a republican form of government, and shall protect each of them against invasion, and, on the application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic violence.
“Under this article of the Constitution, it rests with Congress to decide what government is the established one in a State. For, as the United States guaranty to each State a republican government, Congress must necessarily decide what government is established in the State, before it can determine whether it is republican or not. And when the Senators and Representatives of a State are admitted into the councils of the Union, the authority of the government under which they are appointed, as well as its republican character, is recognized by the proper constitutional authority. And its decision is binding on every other department of the government, and could not be questioned in a judicial tribunal.”[361]
According to these positive words, “it rests with Congress to decide what government is the established one in a State.” But Congress can decide only through joint action.
4. The Constitution, also, by positive text, seems to place the question beyond doubt. There are express words, as we have already seen, declaring that “the United States shall guaranty to every State in the Union a republican form of government.” If these words stood alone, the case would be clear; but it becomes clearer still, when we revert to the other clause, by which it is provided that “the Congress shall have power to make all laws which shall be necessary and proper for carrying into execution all powers vested by this Constitution in the Government of the United States.” Now, since the guaranty is vested in the Government of the United States, it follows that Congress has the power for carrying it into execution. In Arkansas a republican government has been overthrown by rebellion. Congress must see that such government is restored; and to this end it has all needful power. Congress, and not the President, must decide when the restoration has taken place.