The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-08-20

u H
excluded from such representation, not
| only is a right of the State denied. but
the constitutional integrity of the Sem
ate Is impaired, and the validity of the
Government itself Is brought in ques-
ton. But Congress at the present mo-
ment thus excludes from representa-
ton, in both branches of Congress, ten
states Of The Union, denying them all
share IN the enactment of laws by
which they are to be governed, and all
participation in the election of the
rulers by which those laws are to be en-
forced. In other words, Congress In
which only twenty-six states are repre-
sented, asserts the right to govern, ab-
solutelys and in its own discretion, all
the thirty y-siH States which compose the
Union-to make their laws and choose
their rulers, and to exclude the other
ten nom all share in their own govern
ment unttlltt sees fit to admit them
thereto. Whatisthere to distinguish the
power thus asserted and exercised from
the most absolute and intolerable ty-
rannY2 Dr+s-.59 f.r,- 5sIr-fsgs4I- ~
~: Nor do these extravagant and
unjust claims on the part of Congress
70 powers and authority never conferred
upon the Goyernment5Jby by the Constitu-
ton ind any warrant in the arguments
or excuses urged on their behalf. It Is
alleged, =
Ftrst, That these States,b by the act ofre.
bellion and by voluntarily withdrawing
their case nom Congress, forfeited their
right of representation, and that they
can only receive 1t again at the hands OF
the supreme legislative authority of the
Government, on its own terms and at
its own discretion. If representation
IN Congress and participation in the
Government were simply privileges
conferred and held by favor, this state-
ment mem might have the merit of plausi-
btlity: But representation is under the,
Constitution not only expressly recog-
ntzed as right, but 1t is imposed as a
duty; and tits essential In both aspects
to the existence of the Government and
to The hemaintenance of its authority. In
Tree governments fundamental and es.
sential rights cannot be forfeited, ex-
cept against individuals by due process
of law I; nor can constitutional duties
and obligations be discarded or laid
aside. The enjoyment Of rights may be
for time suspended by the failure to
claim them, and duties may be evaded
by the refusal to perform them. The
withdrawal of their members from Con-
gress by the States which resisted the
GeneraI government was among their
acts of insurrection-wast one of the
means and agencies by which they
sought to impair the authority and de-,
feat the action of the Government; and
that act was annulled and rendered
void when the insurrection itself was
suppressed. Neither the right OF repre-
sentatfon nor the duty to berepresented
was in the least impaired by the fact OF
tnsurrection; but it may have been
that by reason of the insurrection the
conditions on which the enjoyment of
that right and the performance of that
duty for the time depended could not
pc fulfilled. This was, in fact, the case.
An insurgent power, in the exercise of
usurped and unlawful authority, had
prohibited within the territory under
Its control, that allegiance to the Con-
stitution and laws of the United States
which Is made by that fundamental
law the essential condition of repre-
sentattonlin its Government. No man
within the in8urgent States was allowed
to take the oath to support the Consti-
tuition, of the United States, and, as a
necessary consequence, no man could
lawfully represent those States in the
councils of the Union. But this was
only an obstacle to the enjoyment of
the right and to the discharge of a duty
lit did not 'annul the one or abrogate
the other; and it ceased to exist when
the usurpation by which it was created,
had been oYerthrown, and the States
had again resumed their allegiance to
the Constitution and laws ofthe United
States. f9uTs7t sI5iE5 sai I5-I IIil -
Second. But it is asserted in support
of the authority claimed by the Con-
gresS now in possession of power, that
it flows directly fromthe laws of War
that it is among the rights which victo-
.rtous war always confers upon the con-
querors, and which the conqueror may
exercise or waive in his own discretion.
To this we reply that the laws in ques-
ton relate solely, SO far as the rights
they confer are concerned, to wars
waged between alien and independent
nations, and can have no place or force,
IN TINS regard in war waged by a
Government to suppress an insurrec-
ton of its own people, upon its own
soil, against its authority. If we had
carried ON successful war against any
foreign nation, we might thereby have
acquired possession and jurisdiction Of
their soil, with the right to enforce our
laws upon their people and to impose
upon them such laws and obligations
as we might choose. But we had be-
fore the war complete jurisdi dietioh over
the soil of the Southern States, limited
only by our own Constitution. Our
laws were the only national laws in
force upon it. The Government Of the
United States was the only GoveEnment
through which those States and their
people had relations with foreign ma
tons, and its flag was the only flag by
which they were recognized or known
anywhere on the face of the earth, In
all these respects, and in all other re-
rights, our possession was perfect and
complete. 1t did not need to be nc
quired, but only to be maintained; and
victorious war against the rebellion
could do nothing more than maintain
IL. 1t could only vindicate and re-es-
tablish the disputed supremacy of the
Constitution. 1t could neither enlarge
nor diminish the authority which that
Constitution confers upon the Govern
ment by which it was achieved. Such
an enlargement or abridgement of COM
stitutional9 power can beeffected only
by amendment of the Constitution
itself, and such amendment can be
made only in the modes which the Con-
stttudon itself prescribes. The claim
that the suppression of an insurrection
against the government gives addition
al authority and power to that Govern
ment, especially that it enlarges the
jurisdic Of Congress, and gives that
body the right to. exclude States from
representation in the national councils
without which the nation itself can
have mo authority and no existence,
seems to us at variance alike with the
principles of the Constitution and with
the public safety. III - JAZZ - Ii
Third, But it is alleged that in certain
part aculats the Constitution sof the
United States fails to secure the abso-
Lutte justice and impartial, equality
which the principles of our Govern
ment require; that 1t was In this re-
spect. the result o tcomp omises and con-
cesstons, to which, however, necessary
when the Constttqtio was formed, we
are nc. longer compelled TO submit, and
that now having the power, through
successfnl war and Just warrant, Tor
its exercise In the hostile conduct OF the
insurgent section, the actual Govern
ment OF the United States may impose