The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-08-20
NO.@s.729.

ern or Southern interests, or of both com.
olned, may exclude the Northern or East
@ ern states from the next Improbable as
aSn ;;s, usnrpations may seem, tho estab-
Snena and aetn. OF the principle now asserted
anu acted upon by Congress- will repder
them by no means inn noss;SIs T .eI
acter, indeed the very ex;,to ns s T
gress and the Union Is TINS =. 20 S =. OoS
ent solely and entirely upon the usPona
sectional exigencies or forbearapca ~ th tha
hour = '"'
We need not stop to show that such AZ.
tion not only finds no warrant in the
| Constitution, bat Is at war with eyery
principle of our Government, and with
the very existence of free institutions
10 is, indeed, the Identical practice which
has rendered fruitless all attempts hith.
| erto to establish and maintain free GOV.
ernments in Mexico and the States of
South America. Party necessities assert
| themselves as superior to the fundamen-
tai law, which is set aside In reckless
obedience TO their behests. Stability,
whether in the exercise of power, in the
administration of government, or In the
enjoyment of rights, becomes impossi-
BILE; and the conflicts of party, which,
under constitutional governments are
the conditions and means Of political
progress, are merged in the conflicts of
arms to which they directly aud inevita.
bly, tend. org zoos .
1t was against this peril 30 conspicH.
Gus and SO fatal to all free governments
that our Constitution WAS intended espe-
oially to provide Not only the stability
but tho very existence of the Govern
ment is made by its provisions to depend
upon the right and the tSca of represen-
| tation.. .l.r
"RuMp" coNGREss.
The Congress, upon which is conferred
all the legislative pIwer Of the National
Government, consists of two branches,
the Senate and House of Representatives.
whose joint concurrence or assent is es-
sential TO the validity of any law. OF
these, the House Of Representa- tives, says
the Constitution, (articie /, section 81
shall be composed Of members chosen
every second year by the people Of the
several States" Not only is the right Of
representation thus recognized as pos
sessed by all the States and by every
State without restriction, qualification
or condition of any kind, but the duty
of choosing representatives Is imposed
upon the people Of each and every State
alike, without distinction or the author
ity to make distinctions among them, for
any reason, or upon any grounds what
ever. And in the Senate, SO careful is
the Constitution to secure to every State
this right Of representation, il is ex'
pressly provided that mo State shall.
without it's consent, be deprived Of its
equal suffrage" in that body, even by an
amendment Of the Constitution itself.
| When, therefore, any State isexcluded
frG i snch representation, not only Is a
right uf the State denied but the CON
stitutionsl integrity Of the Senate is i'm
vaired, and the validity Of the Govern
ment itself is brought in question But
Congress at the present moment thus
excludes from representation, 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, aud all participation in the
election Of the rulers by which those
, laws are to be enforced In other words,
a Congress in which only twenty-six
States are represented, asserts the right
to govern, absolutely and In It's own dis
cretion, all the thirty-six States which
compose the Union-to make their laws
and choose their rulers, and 10 exclude
the otbef ten from all share In their own
Government until it sees fit to admit
them thereto What Is there TO distin-
guish the power thus asserted and exer.
cised from the most absolute and intoler-
able tyranny
ARGUMENT FOR BxCLuLIoS EXAMINED
Nor do these extravagant and unjust
claims on the part OF Con gress TO pow
ers and authority never conferred upon
the Government by the Consultation
find any warrant in the arguments or
excuses nrged on their behalf IL IL AL
legged, .'
First, That these States, by the act OF
rebellion and by voluntarily withdraw.
ing their members from Congress, for
feited their right of represen tation, and
that they can only receive 10 again at
tho hands Of the supreme legislative
authority of the Government, on its
own terms and at its own discretion II
representation 10 Congress and partici
patton IN the Government were simply
privileges conferred aud held by favor
this statement might have the merit Of
plausIbility But representation Is I'M
der the Constitution, not only expressly
recognized as right, but it ~ imposed
as n duty; and it is essential in both
aspects 10 the existence Of the Govern
moIt and 10 the maintenance oi its au-
thority Ia free governments funda
mental and essea:,si rights cannot be
forfeited, except against in.. .Viduais ny
due process Of law nor can con- -aitV-
tiOnal dnties and obi igstions be laid aside '
The enjoyment OF rights may be for a
time suspended by the failure 20 claim
them aud duties may be evaded by the
refusal to perform them. The with.
drawal-of their members from Congress.
| by the States which resisted the General
Government was among their acts OF ia
| gurrection-was one Of the means and
agencies by which they sought to impair
| the authority and defeat the action OF
the Government, and that act was an
nulled and rendered void when the ia
surrection itself was suppressed.
Neither the right Of representation
nor the duty TO be represented was in
the least impaired by the fact Of insur
rectien; but it may have been that, by
reason Of the 'insurrectiop, tho condi-
tions on which the enjoyment Of that
right and the performance Of that duty
fop the time depended could not be ful.
1 In fact tb. .aaa A.,