The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1866-08-31


now 10 possession of.power, that it flows
directly from the laws Of war; that it is
among the rights which victorious ar al
ways confers upon the conqnerors, and
which the copqueTor may exercise OF
waive in his ONE discretion. To this We
reply, that the laws in question relate
solely, so far as the rights they confer are
concerned, TO wars waged betxeen alien
and independent nations, and can have no
place or force, in this regard, III war
waged by a government to suppress an
Instruction of its own people, upon its
own soil, against its authority. If we
had carried on a successful war against
any foreign nation, We might thereby have
acquired possession and jurisdiction OF
their soil, with the night to enforce cur
laws upon their people, and to impose
upon them such laws and such obligations
as we might choose. But we had, before
the war, complete jurisdiction over the
soil Of the southern states, linn
i5ed by our own constitution. Our laws
were the only national laws in force upon
it. The government Of the United States
was the onl Y government through which
these states and their people had relations
with foreign nations =; and its flag was the
only flag by which they were recognized
or known anywhere on the face Of the
earth.
In AL these respects, and in all other
respects involving national interests and
rights, our possession was perfect and
complete. 1t did not need to be acquired,
but on y to De maintained and victorious
war against the rebellion could do nothing
more than maintain it. 1t could only vim
dictate and re-establ:sh the disputed SUI
premacy of the constitution. 1t could
neither enlarge nor diminish the author
ity which that constitution confers upon
! the government, by it which it was
achieved. Such an enlargement or abIidge
ment Of constitutional power eau be effect
cd only by the amendment of the consttu>
ton itself; and such amendment can be
made only in the modes which the con
stitution itself prescribes.
Tie claim that the suppression of an
insurrectiou against the government gives
additional authority and power to that
government, especially that it enlarges the
jurisdiction Of congress, and gives that
body the right to exclude states from rep
resentation III the national councils, with
out which the nation itself can have no
authority and no existence, seems to us at
variance alike with the principles Of the
constitution and with the public safety.
Third. Bat it is alledged that in certain
particulars the constitution of the United
States fails to secure the absolute justice
and impartia! equality which the plnci-
| plies OF our government require: that it
was, in this respect, the result OF the cons
promises and concessions, to which, how
ever necessary when the constitution was
formed, we are no longer compelled to sab
init and that now, having the power
through successful war, and just warrant
for It's exercise Ia TIE hostile conduct OF
the insurgent section, the actual governs
ment OF the United States may impose lis
own conditions, and make the constitution
confirm in all its provisions to its own
ideas Of equality aud the rights OF man
| Congress, at its last session, proposed
amendments to .he constitution, charging
in some very important particulars the au-
thority of the general government over
| that of the several states, and reducing BY
! Indirect distranchIsement the representa-
| tive power of the states in which slavery
! formerly existed and it is claimed that
these amendments may be voted as parts
of the original constitution without the
concurrence of the states to be most seri-
ousIy affected by them or may be impos>
, ed upon those states by three tourths OF
he remaining states, as conditions OF their
re admission to representation in congress
and 10 the electoral college,
1t is the unquestiona0le H-ht Of the
people of the United States to make such
| changes in the constitution as they, upon
due deliberatlon, may deem expcdent
but they shall lie made in the mode which
the constitution itself points out, in con
formi.y with the letter aud spirit of that
instrument and with tie principles ofseIf
government and Of equal rights, which lie
at the basis Of our republican institutions
We deny tie right of congress to make
these changes in the Fundamental law
without the concurrence Of three fourths
of all the states, including especially those
to be seriously affected by them, or to i'm
pose them upon states or people as condi
lions Of representation, 0, of admission
to any of the nights, duties, or obligation!
which belong, under the constitution, tC
all the states alike, and with still greater
emphasis do we deny the right of any por
lion Of the states to exclude the rest of The
states from any share in their councils, t.
propose or sanction changes in the consti
tuition which are to affect permanently
their political relations, and control o.
coerce the Legitimate action OF the severa
members Of the common Union. Such 81
exercise of power is simply a usurpatior
! Just AS warrantable when exercised b,
southern states. and not to be fortified o.
palialed by anything in the past histor,
either Of those by whom it is attempted
or Of those upon whose rights and liber
ties it is to take effect. 1t finds no war
rant in the constitution. 1t is at war will
the fundamental principles Of our form 0
government. II tolerated in one instance
it becomes the precedent for future inva
sions Of liberty and constitutional right
dependent solely on the will of the party
in power; and thus leads. by direct anc
necessary sequence, to the most intolera
Bile and fatal Of all tyrannies-the tyran.
ny of shifting, irresponsible factions. |
I ,S arrairst rhIs tho most f1rr,il hla Of al