The Oxford falcon. [volume] (Oxford, Miss.) 1865-18??, 1866-08-30

- t&sE AAM4& u 8*f*%tN$@&z Nt4&&8 &k4tlt
recognised e. posaassea - all tls<
sfstes, and hv every 6zate wiiiso4'
RESTRICTION. qstaiifcaklon ~ condition
Of any kind, but the duty of choosing
representatives Ii imposed upo11 fhs
people of each and every Stats alike,
without distinction. or Tire authority
- make Distractions amoRx them.
for any rsaec=z OF upnn any Hrouuflz
whatexer. And IN tbe Senate. 20
oAxefs1E 4 Eha Cansf<fufzga eo aaeure
- pxr<y Sknzs zlals Fiskt 81 rcprr-
thaf 7ss G atnie aa ,ssx wsssss Rssx.ssa y, -...
cent, be deprived Of is equal sufffawe''
In that body, even by an Amendment
Of the Consultation haelf When.
therefore, any State h excluded from
such representation, not only r. a
right of the State denied, hut the
constitutional integrity Of the Senate
h insp4iret. sand the validity Of the
Government ft@eif h brought In ques-
tion. But Congress at the present
moment thus excludes from repre-
sentnfion, I'm both branches Of Con-
gress, ten States Of the Union, deny
ing them all share I'm the enactment
Of laws by which they are to be gov
erned, and all participation In the
election Of the fulers by which those
laws are 10 he enfbrced. In other
words, n Congress I'm which only
twenfy-six States are represented, a.
-erfs the right TO govern, absolutely
and I'm ifs own discretion, all the
fhirfy-six States which compose the
Union-to make their laws and
choose their rulers, and to exclude
the other ten from all share In their
own government until u sees fif to
admit them thereto. What Is therp
TO distinguish the power thus assert
ed and exercised from the most ah=o-
lutte aud intolerable fyrnnny
Prisszegs II Citlscnship Restored.
4. Nor do these extravagant and
unjust claimson the cart of Congres~
20 powers and authority never con-
ferred upon the Government by the
Constitution find any warrant In the
arguments or excuses urged an their
behalf. Ii Il alleged,
Efrsf. That thee States, by the 81
OF rebellion and BY voluntarily with
drawing their members from Len-
gress forfeited their FAGns - g Z. rss...ss...
tatIcn, and that they can ess'y ...s..ss .rsrss
1 ssalR q ne lnss.sr5ey na7'y * the Govsrn-
u.1ents y ns pwn terms ana ~ It's eun
s,s rssH !. . e.. 8 ssss3-ss.snta Yen IN c'sss-
sEnHsnt wsc simply privileges con-
ferred and held ~ hxor. fhl~ ~tn szs-
ment might have the merit % pla4s-
ibility. Bat representation h under
A. ar.~~<fSxx<4s<rx <.,.f ..w~.~~n..a4<.
recognized as right. but IL b lmpos-
ed as duty; and Il is essential In
both aspects 20 the existence OF the
Government and 30 the maintenance
of It's authority. In free governments
and essential rights can
not be forfeited, except against indi-
viduaIs by the due process OF law:
nor can constitutional duties and OBJ
ligations be discarded or laid aside.
The enjoyment Of rights may he for
a time suspended by the failure to
claim them, and the duties may be-
evnded by the refusal TO perform
them. the withdrawal OF their MEM
hers from Congress by the States
which resisted tine General Govern
ment was among their acts " ir1sur-
recfIon-was one Of the means and
agencies by which they sought to inf-
pair the authority aud defeat the Ac-
ton Of the Government; and that
act was annuiled and rendered void
when the insurrection itself was sup
pressed Neither the right OF repre-
sefitafion nor the duty to be repre-
sented was I'm the least impaired by
the fses Of Instruction tsst IL may
have been that by reason Of the In
surrecfion the conditions ON which
the enjoyment of that right, and the
performance Of that duty for the time
depended could not be fulfilled. This
was In net the ease. An insurxent
puwef N the exercise Of ussirped and
uniAwflzf authority, had prohibited
within the territory under los control,
that allegiance 60 the Constitution
and laws cg ss> Uss<ess States which
4 made by that fnndameutal law the
ensenfias condition of representation
IN its 0overnsnenf- Eo man within
the ins1rxeuf States Ens allowed Go
tnke f1se safh % N1pparx the Const5 "
fufion Of the United 51sssrs and, - =
necessary consequence. no man cotz1d
lawfully represent those states In the
Councils of .he Union- But fizis was
only an obstacle to the enjoyment Of
the right and to the discharge Of q
dufy--lf did not annuI the one nor
abrognfe the other; and if ceased 20
exist when the Enurpaflon ~ which
IL was ereafed had been overthrown,
and the States had again ressfIaed
their aIEegiance TO the Constitution
and lava Of the United States
TAe Re6<ai1m oa bsswrection.
.s=zsz- -ssze zsszzs 4 4 = = +. =..i>-
port OF the anfisority claimed iyy the
Congress now I'm possession Of power.
that Il lows directly from the laws of
war; that Il u among the rights
which victorious war always eonfes
upon the conquerors, and which ti1e
e0nqueror may exercise OF waive m
his own discretion. To this we reply
that the laws In question relate sole
ly, 50 far as the rights they confer are
concerned. % w1rs waxed between
alien and independent nations and
can have no place ur force, IN TINS
rnenrf, I'm a war wag<a BY Govern
ment 90 suppEUss an insurrecEion OF
Sc own people, upon it, own SOIL
against its authority III we had car
ried on successful war against any
forelRn nation, we might thereby
have ACQUIRED possession ana {ufls-
dlietion of their soil, with the right %
iuforce our laws upon their people
and 70 impose upon them such laws