The Daily empire. (Dayton, Ohio) 1865-1867, 1866-08-21
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power and that authority which the re-
bellion sought 20 overthrow, and the
victory Of che Federal arms was simply
the defeat of that attempt, The Govern
ment of the United States acted through
out the war on the defensive IL sought
only to hold possession of what was al
ready re own. Neither the war, nor the
victory by which II was closed, changed Ia
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;a and the result of the
war did not either enlarge, abridgo, or In
any way change or affect the powers IL
cOnfers upon the Federal Government. or
release that Government from the rcstric-
tions which IL has imposed.
The Consultation of the United States Il
to-day precisely rs II was before the war.
the supreme law Of the land, anything In
the Constitution or rlawsof any State TO the
contrary notwithstanding; and to-day,
also, precisely as before the war, 'all the
powers not conferred by the Constitution
upon the General Government nor pro-
hibited by il to the States. are reserved TO
the several States, or to the people there
Of"
This position Is ymdicated not only by
the essential nature of our Government,
and the language and spirit of the Consti-
tuition, but by all the acts and the language
of our Government, IN all It's departments,
aud at all times from the outbreak of the
rebellion to Its llual overthrow.
SOLE oBnscr or rmE CONTEST.
In every message aud proclamation of
the Executive it was explicitly declared
that the sole object and purpose of the war
was to maintain the authority Of the Con-
stitution and 10 preserve tile Integrity of
the Union; and Congress more than once
reiterated this solemn declaration, and
added the assurance that whenever the OBJ
lject should be attained the war should
cease and all the States should retain their
equal rights and dignity unimpaired.
1t IL only since the war was closed that
other rights have been asserted on behalf
of one department of the General Govern
ment
ASSERTIONS OF CONGRESS.
1t has been procnimed by Congress that.
in addition to the powers conferred upon
1t by the Constitution, the Federal Govern
ment may now claim over the States, the
territory and the people involved in the
insurrection. the rights Of Wharf.-The right
Of conquest and of conliscation, the right
to abrogate all existing governments, In
stitutions and laws, aud TO subject the ter
ritory conquered and its inhabitants to
such laws, regulations and deprivations ms
the Legislative Department of the Govern
ment may see fit to impose. Under this
broad and sweeping claim that clause of
the Constitution which provides THAT "no
State shall, without its consent be deprived
of Its equal suffrage in the Senate of the
United States" has been annulled, and ten
Gtntag havii haat rafuaal nt,n o,-a ets
fused, representation altogether i'm 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 representation. and
from all shnre In making their own laws or
choosing their own rulers until they shall
comply with such conditions and perform
such acts as this Congress thus composed
may itself prescribe. That right las not
only been assorted, but 10 has been pxcr-
cised, and Is practically enforced MT the
present time. Nor does it find any
SUPPORT In the theory that the States thus
excluded are In rebellion against the Gov
ernment, aud are therefore precluded from
sharing its authority. They are not thus
IN rebellion. They are one and all I'm an
attitude Of loyalty toward the Government
and OF sworn allegiance 30 the Constitution
of the United States. nno one of them is
there the slightest indication of resistance
to this authority, or the slightest protest
against its just and binding obligation.
This condition of renewed loyalty has been
officially recognized by solemn proclama-
tion of the Executive Department The
laws of the United States have been exten-
ded by Congress over all these States and
the people thereof, Federal Courts have
been re-opened. and Federal taxes imposed
and levied. And In every respect. except
fhnt fnat Innifsl L.
gress and the Electoral College, the States
once IN rebellion are recognized rs holding
the same position, MS owing the same obli-
cations, and subject TO the same duties as
the other States of our common Union.
UNRESTRICTED REPRESENTATION NECESSARY.
II seems 10 us. in the exercise of the
calmest and most candid Judgment we can
bring 70 the subject, that such claim, So
enforced, involves rs fatal an overthrow of
the authority of the Constitution, and rs
complete destruction of the GOvernment
and Union, rs that which was sought 10 be-
effected by the States and people ia armed
insurfection against them both Ii can NOT
escape observation That the power thus AS
serted to exclude certain States from repre-
sentati0h Is made 70 rest wholly in the will
and discretion Of the Congress that asserts
It. tits not made TO depend upon any spec
iied conditions or circumstances, nor To
be subject to any rules or regulations
whatever. The right asserted and
exercised Is absolute, without guali-
fication or restriction, not confined to
States iu rebellion. nor to States that have
rebellcd; 10 IL the right Of any Congress in
formal possession OF egislativeauthority. to
exclude any State or States, or any portion
of the people thereof at any time, from rep
resentation In Congress and in the Electoral
College. at It's own discretion, aud until they
shall perform such acts and comply with
such conditions its 1t may dictate. ObVi-
Ously, the reasons for such exclusion being
wholly within the discretion of Congress,
may change as the Congress itself shall
change. One Congress may exclude
State from all share In the Government
for one reason; and, that reason removed
the next Congress may exclude IL for
another. One State may be excluded
on one ground to-day, and another
may he excluded ON the opposite ground
Tomorrow. Northern aseendancy may