The tri-weekly news. [volume] (Winnsboro, S.C.) 1865-1876, 1866-08-25

asserts the right 10 govern, absolutely
and in its own discretion, all The thirty.
SIN States which compose the Union
to make their laws and choose their ru.
lcrs, and to exclude the o,her ten from
all share in their own government until
1t sees fit TO admit them thereto. What
is there to distinguish the power thus
asserted and exercised from the most NIB
solute and intolerable tyranny?
ExTRAvAGANT CLAIMS OF CONGRESS.
Nor do these exlravigant aud unjust
claims on the part Of Congress to powers
and authority never conferred upon the
Government by the Constitution. find
any warrant in the arguments or excuses
urged on their behalf IL is alleged,
First. That these States, by the act of
rebellion and by voluntarily withdraw
ing their members from Congress, for.
fcited their right to representation, and
that they can only receive it again at
the hands of the supreme legislative au.
thority of the Government, on its own
terms and at its own discretion. IF rep.
resentation in Congress and participation
III the Government were simply privil.
cgrs conferred and is1 ~ Hvor, this
statement might have Il merit II plausi,
blhty. But representation is under the
Constitution not only expressly rccogni.
zed as right, but is imposed as a duty ;
and 1t is essential in both respects to tho
existence of the Government and to the
mantanance ofits authority. In free
Governments fundamental and essential
rights cannot be forfeited, except against
individuals by the process Of law; nor
can constitutional duties and obligations
be discarded and laid aside. The ell
joyment of rights may be for the time
suspended by the failure 10 claim them.
and duties may be evaded by the refusal
to perform them. The withdrawal of
their members from Congress by the
States which resisted the General Gov
ernment was amoug their acts of insur.
rectlon - was one OF the means and asen.
ci"s by which they sought to impair the
authority and defeat the action of the
Government; and that act was annulled
and rendered void when the insurrection
itself was suppressed. Neither the right
OF representation nor the duty to be rep
resented was in the least impaired by
the tact OF msurrection but it may have
been that by reason Of the insurrection
the conditions on which the enjoyment
of that right and the performances of that
duty for the time depended could not be
fulfilled. This was, in fact, The case.
An msnrgcnt power, in the exercise of
the nsnrped and unlawful authority in
the territory nndor its control had pro-
hibited that allegiance to the Consttu.
ION and laws ofthe United States which
is made by that fundamental law the
essential condition of representation in
its Government. No man within the
insurgcnt States was allowed to take
the oath TO support the Constitution of
the United States, and, as a necessary
consequence, no man can lawfully rep.
resent those States in the councils of the
Cnlon. Bnt this was only an obstacle
to the employment of the right and to
the discharge Of duty--it did notannul
the one nor abrogate ;he other; and it
ceased to exist VIXEN the usurpation by
which it was created had been over
thrown, and the States had again re.
sun,ed their allegiance to the Constitu.
tion Of the United States.
10 be Continued