The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-08-20

and people within it's jurisdiction which
the Constitution confers upon it; but 1t
acquired thereby no new power no en-
larged Jurisdiction, no rights either OF
territorial possession or of civil author
ity which it did not possess before the
rebellion broke out. ALI the rightfnl
power il can ever possess is that which
is conferred upon it, either In express
terms or by fair and necessary implica.
tion, by the Consultation OF the United
States. 1t was that power and that au'
thority which the rebellion sought to
overthrow, aad the victory of the Fed
eral arms was simply the defeat OF that
attempt
The Government OF the United States
acted thToIlyh,,ut the war on the de-
fensiye. 1t sought only to hold pos
session Of what was already lis own,
Neither the war, nor the victory by
which it was closed, changed in any way
the Constitution of the United States. The
war was carried on by virtue OF It's
provisions, and under the limitations
which they prescribe, and the result OF
the war did not either enlarge, abridge,
or in any way change or effect the pow
ers it confers upon the Federal Govern
ment, or release that Government from
the restrictions which it has imposed
The Constitution of the United Statesis
to day precisely as it,was before the war,
the supreme law of the land, anything
in the Constitution or laws of any State
to the contrary Notwithstanding" ana
to-day, also, precisely as before the war
all the powers not conferred by the
Constitution upon the General Govern.
ment, nor prohibited by it to the States,
are reserved TO the several States, or to
the people thereof"
This position is vindicated not only
by the essential nature OF our Govern
ment, and the language and spirit OF the
Constitution, but by all the acts ana
language of our Government, IN all
departments, and at all times from the
outbreak of the rebellion to its final
overthrow
In every message and proclamation
of the Executive it was explicitly de-
clared that the sole object and purpose
| of the war was to maintain the author
ity of the Constitution and to preserve
| the integrity of the Union; and Con-
press more than once reiterated this
Solemn declaration, and added the as.
| surance that whenever this object should
| he attained, tho war should cease, ana
all the States should retain their equal
rights and dignity unimpalred lt Is
only since the war was closed that other
RIGHTS have been asserted on behaii oi
one department Of the general Govern
| ment
ASSERTIONS OF CONGRESS,
IT, has been proclaimed by Congress
that, in addition to the powers conferred
upon it by the Constitution, the Federal
| Government may now claim over the
| States, the territory and the people IN
yolyed in the insurrection, the rights OF
| war, the right of conquest aud OF conhs
cation, the right go abrogate all existlnl
| Governments, institutions and laws, anC
to subject the territory conquered an'
| its inhabitants to such laws, regulatlon'
and deprivations as the legislative dc
| partment of the Government may se'
| fit to impose. Under this broad an1
sweeping claim, that clause OF the Con
stitution which provides that mo Statt
shall without its consent be deprived ol
| its equal suffrage in the Senate oil the
United States" has been annulled, and
| tea States have been refused, ana are
still refused, representation altogether
| in both branches of the Federal Congress
| And the Congress in which only part
of the States and of the people OF the
| Union are represented has asserted the
right thus TO exclude the rest from repre-
sentatiop, and from all share i'll making
their own laws or choosing their owI
rulers until they shall comply witt
such conditions and perform such act'
as this Congress ibns composed may
itself prescribe.
That right has NOT only been asserted
but il has been exercised, and ~ prac
tlcaly enforced at the prClent time MOI
does It ,lud any support "a the theory
that the States thus eXcluCled are Ii rs
belliuu against the GOyernm ent, anu ae
therefore precluded from shaving us an
thoIitv. I'hey arc not thus in rehciiion
rhey are one and all in an attitude ol
loyalty towards the government, ana -,
sworn allegiance TO the Constitution "'
the United States. In no one Of them
is there the slightest indicaIJon ol
resistance 10 this authority, "f tht
slightest protest against ITS just
and binding obligation. lhis con
dition of renewed loyalty has been
officially recognized by solemn pr0cla
nation of the Executive department.
The laws OF the United States have Deeh
extended lay Congress over All thesT
States aud the people thereof Iedera,
COurta have been reopened, and federal
taxes imposed and levied, and IN every
respect, except they are denied repre-,
sentation in Congress and the ElectoTai
College the States once in rebellion are
recognized rs holding the same position
as owing the same obligations and SUD
iect to the same duties as the other
States Of oI.r common Union.
DANGER OF THE POWER CLAIMED BY
CONGRESs
IL seems To us, in the exercise OF the
calmest and most candid judgment we
can bring TO the subject, that such a
claim, so enforced, involves as fatal an
overthrow of the authority of the Con
stitntion. and as complete destruction
OF the Government and Union, aS that
which was sought to be effected by the
States aud people in armed instruction
against them both 1t cannot escape Cd
servatiou that the power thus asserted
to exclude certain States from represen-
tation ia made to rest wholly in the will
aud discretion Of the Congress that
asserts it, IT is not made to depend
upon any specified conditions or clrcum-
stances. nor to be subject TO any raIes OF