The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-08-23


nor the duty to be represented was IN the
| least Impaired by the fact of insurrectlon !;
but it may have been that by reason OF the
insurrection the conditions on,which the en-
ieyment of that right and the performance
Of that duty for the time depended could
not be fulfilled. This was, IN fact, the case.
An insurgent power, in the exercise OF usur-
ped and unlawful authority, had prohlDlted
within the territory under its control, that
allepiance to the Constitution and laws OF
the United States which is made ny That
fundamental law essential condition OF rep
resentation in its Government. No man
within the nsurgent States was allowed TO
take the oath to support the Constitution OF
the United States, and, as a necessary conse-
ouence. no man could lawfully represent
those States in the councils of the Umon-
But this was an obstacle to the enjoyment OF
the right and to the discharge OF duty-lI
did not annul the one nor abrogate the 9TH
or; and it ceased to exist when usrpatlon by
which it was created had been overthroWn
and the States had again resumed their allie
glance to the Constitution anu laws ol Ine
United States
Second. But it is asserted in support OF
the authority claimed by the Congress now
in possession of power, that it flows directly
from the laws of war that 1t is among the
riohts which victorious war always confers
upon the conuuerors, and which the conquer
or NAV exercise or waive in his own dlscre-
ton. To this we reply that the laws IN
question relate solely, so far as the rights
thev confer are concerned, to wars "aged DC
tween alien and independent nations, ana
can have no place or force, in this regard, In
q war waped by a Government to suppress
an Instruction of it's own people, upon lis
own soil, against authority. 1t we had car
ried on successful war against any foreign
nation, we might thereby have acquired pos
lta4,a Of
the right to enforce our laws upon thelr
people and to impose upon them such laws
and such obligations we might Choose
But we had before the war complete Jurls-
diction over the soil of the Southern States,
limited only by our own Constitution. Our
laws were the only national law In force up
on it. The Government OF the Umteo otates
was the only Government through whlch
those States and their people had reiatlons
with foreign nations, 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 respects
involving national interests ana rights, our
possession was perfect and complete: IL ulu
not need to be acquired, but only to be mann
tanned and victorious war against the re-
bellion could do nothing more than main
tain it. 1t could only vindicate and re-es-
tablish the disputed supremacy OF the Con
stitution. 1t could neither enlarge nor dl-
minish the authority which that Constitution
confers upon the Government by which 1t
was achieved Such an enlargement or
abridgement of constitutional power can be
effected only by amendment OF the Constltu-
ton ITSELF and such amendment can De mace
only in the modes which the Constitution
itself prescribes. The claim that the sup
preston of an instruction against the GoV-
eminent gives additional authority and pow
err to that Government, especially that IL
enlarges the jurisdiction OF Congress, and
gives that body the ri ght to exclude States
from representation in the national councils,
without which the nation itself can have no
authority and no existence, seems to us at
variance alike with the principles OF the
Congress and with thepubllc safety.
Third. But it is alleged that in certain
particulars the Constitution of the United
States fails to secure the absolute justice and
impartial equality which the principles OF
our Government require that 1t was IN TINS
respect the result of compromises and con-
cessions, to which, however necessary when
the Constitution was formed, we are no long |
er compelled to submit, and that now, hav-
the power, through successful war and just |
warrant for its exercise in the hostile con- |
duct of theinsurgent section, the actual Gov !
eminent of the United States may impose Its |
own conditions and make the Constitution |
conform in all its provisions to its own ideas
u
gress, at its last session, proposed amend !
ments to the Constitution, charging in some
very important particulars the authority OF
the General Government over that OF the |
several States, and reducing, by indirect dis |
reimbursement, the representative power OF
the States in which Slavery formerly exist |
ed and it is claimed that these amendments |
may be made valid as parts of the original
Constitution without the concurrence OF the |
States to be most seriously effected by them,
or may be imposed upon those States by !
three -fourths of the remaining States, as |
conditions of their readmission to represen- |
tation in Congress and in the Electoral College |
1t is the unquestionable right of the peO- |
pie of the United States to make such-changes !
in the Constitution as they, upon due delib |
Grafton, may deem expedient. But we in |
sist that they shall be made in the mode |
which the Constitution itself points out-in |
conformity with the letter and the spirit of |
that instrument, and with the principles of
self-government and of equal rights which |
lie at the basis of our republican institutions. |
We deny the right ofCongress to make these
changes in the fundamental law without the !
concurrence of three-fourths ofall the States, |
including especially those to be most seri-
ously affected by them or to impose them
upon States or people, as conditions of rep
resentation, or of admission to the rights, du-
ties of obligations which belong under the
Constitution to all the States alike. And |
with still greater emphasis do we deny the |
right of any portion of the States excluding
the rest of the States from any share in their
councils, to propose or sanction changes in
the Constitution which are to affect perma-
nently their political relations and control or
coerce the legitimate action of the several
members of the common Union. Such an
exercise of power is simply usurpation,
just as warrantable when exercised by North
ern States as it would be if exercised by
Southern, and not to be fortified or palliated
by anything in the past history, either of
those by whom it is attempted or of those
upon whose rights and liberties it is to take
effect. 1t finds warrant in the Constitution
1t is at war with the fundamental principles
of our form of government. If tolerated in
one instance, it becomes the precedent for
future invasions of liberty and constitutional
right dependent solely upon the will of the
party in possession of power, and thus leads,
by direct and necessary sequence, to the
most fatal and intoIerable of all. tyrannieS-