The Placer herald., 1866-09-01


entirely upon the party and the sectional ex.
gencies of the hour. We need not stop to
show that such action not only finds no war.
every principle Of our Government and with
the very existence Of free institutions. 1t is
the Identical practice which has rendered
fruitless all attempts hitherto made to estab-
lish and maintain free Governments in Mex.
leo and the States Of South America. Par
~ necessities assert themselves as superior to
fundamental law, which is set aside 10 reck,
less obedience to their behests. Stability,
whether in the exercise Of power in the ad
ministration Of the Government or the enjoy
ment of the rights, becomes impossible, and
the conflicts of party which, under Consi-
tutional Government are conditions and
means OF political progress. are merged in
conflict of arms, to which they directly or
inevitably tend.
1t was against this peril, so conspicuous
and SO fatal to all free governments, that our
constitution was intended especially to pro,
vide. Not on y the States, but the very ex,
istence Of Government is made by its prov.
sions to depend upon the right and the fact
OF representation. The Congress, upon
which is conferred all the legislative power
OF the National Government, consists of two
branches s-Senate and House of Representa-
tives-whose joint concurrence is essential
to the validity of any law. or these, the
uouse of Representatives, says the Consti,u.
ton, Art. l, sec. 2,) 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
possessed by all the States and by every
State, without restriction, qualification or
condition Of any kind, but the duty Of choos-
ing is imposed upon the people of each and
every State alike without distinctions or the
authority to make distinctions among them
for any reasons or upon any grounds what
ever. In the Senate, so careful is the Con.
stitut'on 10 secure to auAry State this right
OF representation, it is expressly provided
that no State shall, without its consent, be
deprived Of its equal suffrage in that body
even by an amendment of the Constitution
itself. When, therefore, any State is exclu
ded from such representation, not only is the
right of the State denied, but the Constitu
tional integrity Of the Senate is impaired and
the validity Of the Government itself is
brought in question. Congress at the pres
ent moment thus excludes from representa-
tion in both branches ten States of the Uni
on, denying them all share in the enactment
of laws by which they are 10 be governed,
and all participation in the election OF rulers
by whom these laws are to be enforced; in
other words. Congress in which only TWEEN
ty-six States are represented, claims the right
to govern absolutely all the thirty six States
which compose the Union; makes laws,
chooses rulers, and excludes the other ten
from all share in their own government. un'
til it sees fit to admit them thereto. What
is there to distinguish the power thus assert
ed and exercised from The most absolute and
iutoerabe tyranny!
Fourth. Nor do these extravsgant and
unjust claims on the part Of Congress to
powers and authority never conferred on the
Government by the Constitution find any
warrant in the arguments or excuses urged
in their behalf 1t is alleged, first, that these
States, by act Of rebellion, and voluntarily
Withdrawing members from Congress, for
feited the right Of representation, which they
can only receive again at the hands Of the
supreme Legislative authority Of the Govern
ment, on its own terms and its own discre.
ton. If representation in Congress and
participation in Government were simply
privileges conferred and held by favor, this
statement might have the merit Of plausible
ity; but representation is, under the Consti
tuition, not only recognized as a right, but it
is imposed as duty, and it is essential in
both aspects TO the existence Of the Govern.
ment and the maintenance Of its authority.
In free governments, fundamental and essen.
tial rights cannot be forfeited, except against
individuals by due process of law; nor can
constitutional duties or obligations be discar'
ded and laid aside. The enjoyments Of their
rights may be sor time suspended by fail
ure to claim them, and the duties may be
evaded by refusal to perform them. The
withdrawal Of their members from Congress
BY States which resisted the general Govern
ment was among the acts Of insurrection,
was one Of the means and agencies by which
they sought 10 impair the authority aud de'
feat the action of The Government, and that
act was annulled and rendered void when
insurrec'ion itself was suppressed. Neither
the right Of representation nor the duty to
he represented was 10 the least impaired by
the fact Of insurrection; but it may have
been that, by reason Of usurrection the con-
ditions on which the enjoyment of that right
and the performance Of that duty for the
time depended could no. be fulfilled. This
was in fact the case. An insurgent power in
the exercise Of usurped and unlawful author
ity had suspended within the territory under
bis control that allegiance to the Constitution
and laws of the United States which is made
by that Fundamental law the essential condi'
,ion Of representation in its Government.
No man within the nsurgent States was al
lowed to take the oath to support the Con.
stitution of the United States, and as neces.
sary consequence, no man could lawfully
represent those States in the councils Of the
United States. But this was only an obsta'
Gle to the enjoyment Of right and the dis
charge Of duty. 1t did not annul the one
nor abrogate the other, and it ceased to