Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1866-08-29

be fulfilled. This was, in fact, the
case. An insurgenJ power, in the ex
ercise of usurped and unlawful author
ity in the territory under its control,
had prohibited that allegiance to the
Constitution and laws of the United
States which is made by that funda
mental law the essential condition of
representation in its government. No
man within the insurgent States was
allowed TO take the oath to support
the CONSTITUTION OF the United States,
and, as 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 dis
charge ola duty; it did not annul the
one nor abrogate the other and
it ceased to exist when the usurpation
by which it was created had been
overthrow, and the States had again
resumed their allegiance TO the Con-
stitution and laws Of the United
States
THE REBELLION AN INsURREcTIoN.
Second. But it is asserted, in sup
port Of the authority claimed by Con-
gress now in possession of power, that
it flows directly from the laws Of war;
that it is among the rights which vic
torious war always conters upon the
conquerors, and which the conqueror
may exercise or waive in his own.dis-
erection. TO this we reply that the
laws in question relate solely, SO far
as the rights they confer are concern
ed, to wars waged between alien and
independent nations, and can have no
force or effect, in this regard, in war
waged by Government to suppress
an insurrection Of its own people, upon
its own soil, against its authority. II
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 such obligations as we might
choose Rut we had before the war
complete jurisdiction over the soil OF
the Southern States, limited only hy
four own CONSTITUTION. Our laws were
the only national laws in force upon
lit. The Government of the United
States was the only Government
through which those States and their
people had relations with foreign ma
tions, and its flag was the only flag by
which they were recognized or known
any whore on the face of the earth.
In all these respects, and in all 9th
or respects involving national inter
ests and rights, our possession was
perfect aud complete. 1t did not neeC
to be acquired, but only to be main
tanned and victorious war agains
the rebellion could do nothing NOR,
than maintain it. 1t could only vim
dicate and re-establish the disputed
supremacy of the Constitution. /
could neither enlarge nor diminish th,
authority which that Constitution con
fers upon the Government by whicl
it was achieved. Such an enlarge
ment or abridgement of constitutions
mower can be effected only by amend
ment OF the Constitution itself, an,
such amendment can be made only j
the modes which the Constitution
itself prescribes. The claim that tn
suppression of an insurrection agains
/ the Government gives additional ar
! taority and power TO that Govern
, ment; especially that it enlarges th
jurisdiction OF Congress and gives tina
| body the right to exclude States froI
D representation in the national coul
ellis, without which the nation itse
} can have no authority and no eXis
: enee. seems to us at variance alik
: with the principles of the Conshu
4 ton and with the public safety.
1 WAY TO AMEND THE CONSTITUTION.
Third. But it is alleged that
+ certain particulars the Constitution
= the United States fails to secure thi
Il absolute Justice and impartial equalil
$ which the principles OF our Cover
l. ment require; that it was in these +
IS speets the result of compromises al
l. concessions, TO which, however necc
'e sary whom the Constitution was forI
!, ed. we are no longer compelled to su
l. nit and that now, having the pow
ID through successful war and just wa
v rant for its exercise in the hostile co
9 duct of the insurgent section, the az
70 ual Government o. the United Stat
n. may impose its own conditions, a
rs make the Constitution conform in
n its provisions to its own ideas of equ
as ity and the rights of man. Congr'
rs at its last session proposed amer
" ments to the Constitution, enlargi
u in some very important particul'
be the authority of the General Cove
H. ment over that of the several Stat
r. and reducing, by indirectdisiranchi
mont, the representative power OF
on States in which slavery formerly
in listed and il is claimed that thi