The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-08-17

In the win and discretion Of the Congss that asserts
u 10 not made 70 depend upon any epscshed con-
ditions or circumstances 70 BE- sabscto any rules
slcisod . absoloss without Oali = rssscsion,
not confined 70 States In re6sou, nor 70 States that
a. % q
any State or States, and any portion OF tho people
thereof At any time from Representatives In Cossrsss and
they shall sis PERFORM ss s q. y ssS op ~S such
dliions az y may dictate Obviously the rsascas for
Congress may change a. shs Congress itself shall chssss
one Congress may exclude eate from sl share IN the
government for one reason; and that reason removed
State may Be excluded ground to-day, and an.
other may % e.cluded on The opposite ground tonor
states from Congress-; the asoerdspcy Of Western
OF southern interests OF both combined may exclude
the Northern or tho Eastern States from the nsxt I'm
PROBABLE - such usrrpations may sses tho establish.
msnt Of the principle assestsd and acted upon BY
Congress will render them BY means imposslble. The
Union is thus made dependent solely and entirely upoa
the party aud sectional exgences fobcsssnccs Of the
hour rNfN# a.~s~f NrsF7s1IT 4 n. ~
We need not stop "a show that such action not only
nnos no warrant In the constitution, but 10 at with
every principle Of our government and with the very
cal practice which has rendered rutees al attempts
hitherto TO establish and maintain free governments In
Mexico and The States Of South America Party
sites assert themselves superior the fundamental
law, which Is asde In reckless obedience their
nests ,S Stability whether IN the exercise Of power n
OF rghis, becomes IMPOSSIBLE and the conflicts Of
party which, under constitutional governments the
conditions and means Of political progress are merged
In tho conflicts OF arms TO which they directly and in
evfably tend.
II against this peril 10 conspicuous and 10 fatal 10
all free governments that constitution intended
especially 70 provide Not only the stability but tho
very existence OF the government Is madc by It's pro-
visions TO depend upon the right and the fact or repre-
seniaion Tho Congress, upon which s conferred all
tne Legislative power OF tho national government con-
resenativcs whose joint assent essen
ual 10 the validity OF any law. OF these the House Of
Representatives Gays the constitution (artcle J. section
~ shall DO composed Of members chosen every second
year by the people OF the several staesn Not only
the right OF representation thus recognized possessed
by oil tho States aud by every state without restriction
qualification or condition Of any kind but the duty of
choosing representatives s imposed upon tho people Of
each and overy State alike without distinction the
thorty to make distinctions among them for any
or upon any grounds Whatever. And In the Senate
50 careful u the constitution 10 TO every State
that no State shalt without consent be deprived OF rs
equal suffrage in that body, even by m amendment Of
tho constitution itself when, therefore, any Stale Is
exciudod fom such Ston not only right OF
the State deuicd hut the constitutional integrity o tho
Senss Ia impaired and the validity OF the government
itself n brought In question But Congress Al the present
moment thus excludes from representation, Ia both
branches OF Congress- ten States OF the Union, deny
them all share Ia the enactment OF laws by which they
10 be governed and all participation in the election
Of Tho rulers by which lho1o laws arc 10 bo enforced
In other words, Congress in which only twenty.six
lutcy and In It's DISCRETION, oil the thirty States
which compose the Unioa--to make their laws and
choose thcirrilcrs and 10 exclude the other ten from
al share In their until ~ 10 nd
nit them thereto What's there 10 distinguish The power
thus asserted and exercised from tc most abouie and
intoorabic tyranny?
Nor do these e1tlaysSant end unjsst claims on the
part or Congress 70 powers snd Authority never con-
fcrrcd upon the government by the constitution md any
warrant IN the arguments OF excuses urged on their
behalf II is ALLEGED,
Fr.LIhat these staiss, by tho ae, Of rebellion and
BY voluntarily wiibdraxsng their members nom Goa
gress, forfeited their right OF rspe1antao and that
they only receive " again Of The hands oi tho
rrenis ssslaiiys authority o. sns ggysrnmsns On 10
IN Congress and participation In the government we're
SIMPLY privileges conferred and hsid by isyor this state
meni might have the mort Of rauabty. But repre-
senlaaoa M, under the constitution, not only az.
prcasiy recognized as right bat IL Is imposed as
s,cnos o tho goyesnsn, and 20 e maoicnsrco of Its
authority. In rec governments fundamental and e1-
sentsl righs cannot b. forfeited except ains indiyd
cations be discarded or laid aside Tho enjoyment
of rights may be for tsnc suspended by tho failure 10
perform them The withdrawal of their members from
Congress BY the States which resisted the gcnoni gov
ernment was among the scis of insurrecon--was ono
OF the meaus and ascnces by which they Fought 10 I'm
pair the authority and defeat the action OF the govern
mcni, and that act annued and rendered void whom
the nsuIrecton Itself suppressed Neither the night
OF representation the duty ~ be represented IN
the east impaired by the fact OF insuuccton but II
may have been that by OF the insurrccon The
condlnops which the ENJOY Den " that rght and Tho
performance OF that duty for The time depended coud
not be- fulfilled. This was, IN fst tie sasc. An insur
gent power the Of gsarped and unlawful an
thorty In the territory under lts control had prohibited
that allegiance 70 ,Lc II 1ion ard aw-ni the United
states Which made ny that Fundamental Law the
al condition Of representation Ia its government No
within the nrrecn Ststos allowed To tnke the
oah 10 support tho oonAlta'ion oi tne tntcd States
and necessary consequence, no man could lawfully
Represent those States tho cogncs ~ the Union But
this only obstacle TO the enjoyment OF lha nght
and 10 the Discharge u dutyfdid not annu Tho ono
abroea;s the other and ceased 10 exist when the
usurpaon By which WIS created had been overhroNn,
and he States had again resumed their allegiance TO tbs
constitution and laws q tho rntsd Staios
.ccoad-But II u asssrsed IN support OF the aathey
claimed by tile Congress now W rc-sefson Of yonsL
among the rights which victorious war always confers
upon eonqnesors and which tho conqysor may ca.
ercse or waive IN his own discretion ~ ~ .ry Ky
right. they confer concerned 10 vsN wageo pe,"eeS
alien and Independents nations and an nave ~ ace or
force this regard In war wsses ~ government 70
suppress an irsunectlon Of - own pcoilc, ulon
10 own col, against Its authority u we bad
carried on successful gar against any foreign
sesslon and Jurisdiction ~ their soh, Win the
rgh, % enforce 90 avs upon 'ne ~r psvs ans % =,
in,,ht shD.sn prt had before the war compicts
juri,con Or ne soil of tho souhern states, limited
nnly Nv oue constitution Our laws were tb9 only
nssoual In force upon u. Tho government of the
Tp,ed stales the only government through nLsch
nasoos, and ls Gag was the only nag ny wtieh Trey
rerr recognized known anywhere on tho fac - r."
earth In all these rcspects, and In all other rSA II
volying national inter sta and rehts our pose 80
p~rcct and complete II ID DOT ned 10 be acquired b9s
only 70 be maintained and victorious war senlnT
the rebellion could do nothing moro nAn maintaf.
a. cold only vindioats and re-esiabiSh The d'Iu,ed
supremacy of The constitution II could nshcs enlarge
diminish the authority wbieh .hat constitution oon'
fers upon the government by vh ch u Sss acilseysd
euoh an enlargement abridgment of consttn'.pnai
power can be effected only by anspdnen, q tho cnn'
sftution seh, and such amsndmrnf can br maHe onlg
IN the modes hch tho constitution itself prefTbe~
The ella tba, the suppression " an ins uocNon scab~
the government gives additional authority AMI power ~
that soycrpfnent erreciay that u snarg tbs jgrec
tlnn u Congress aud gives ihst b7dy The r9bt -
exclude States from representation W th" NATIONAL
oouaelis without ~hch The nation itself can hsYc m
authority erenoe ecem- - w. - rsInnec aiAe
with The principles 0f ihe cpsaton ai yith u rio
lie erfsiy.
Th6d-But IA alleged tna, IN e~rtsin pAssicaiers th9
~ The nitsd states sle - urn Wal a.
solusa jussice and impartial cqaaty vhich g Ir cpier
"a our tsanre; u in thsfa Ftslssf
the result of cofnpronsea and osfre@sona - ~hch,
however necessary wien the cons'l1niNoh 80 Mfnei,
Lad IN a.