Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1866-08-22

been officially recognized by the proclamation
~ the President. The laws Of the Oniteo
States have been extended BY Congress over
these States the Federal Courts have osen
rc.onened: Federal taxes have been loVieu'
and n every respect except that they are ae;
MED representation, the States are recognizeu
ma holding the same position, owing the same
oblioations, subject to the same duties as
other States. 1t seems to us, in the exelciSe
NJ the most calm and most candid judgment
we can bring 20 the subject, that sucn a
claim, so enforced, involves as fatal an Over.
throw Of the authority OF the Constitution
and as complete a destruction OF tne Govern
ment and Union, as that sought 10 De Ell
footed NV the States in armed instruction.
Under his control that allegiance 70 the
| Constitution and laws OF the United states
which Is made BY that fundamental law inc
essential condition Of representation n us
Government. No man within the insurgent
States was allowed to take the oath TO sup
mort the Constitution Of tho United States
| and. as n necessary consequence, no man
could lawfully represent those States in the
councils Of the United States. But this was
only nm obstacle to the enjoyment Of the
RIGHT and to the discharge Of a duty. It did
not annul the one nor abrogate the other,
and il ceased to exist when the usurpation
by which it was created had been overthrown
| and the States had again resumed their allo-
glance to the Constitution and laws OF the
United States. .a .aa.a
ID. But 1t is asserted in support Of the
authority claimed by the Congress now IN
possession OF power, that it flows diaectly
| from the laws OF war-that it Is among the
| rights which victorious war always coniers
upon conauerors and which the conqueror
| NAV exercise or waive in his own discretion.
To this we reply that the laws in question
relate solely, SO far as the rights they confer
are concerned, to wars waged between alien
| and independent nations, and can have no
place or force in this regard in a war waged
BY q government to suppress an insurrection
of its own people upon its own soil against
it's authority. II we had carried on a sue
ccssful war against q foreign nation, we
might then have acquired possession and
jurisdiction Of their soil, with the right 70
.~forcs nnr lays upon thoir people and 10
impose upon them such laws and snoh obli-
cations as VIC might choose. But we had,
before the war, complete jurisdiction OF the
Southern States, limited only by our Consti-
tuition. Our laws were the only national
laws in force. The Government Of the Uni
ted States was the only Government through
which those States and their people had rcla-
tons 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 all these respects, and in other respects
involving national interests and rights, our
possession was perfect and complete. 1t did
not need TO be acquired, but only to be main
tanned, and victorious war against rebellion
could do nothing more than maintain 1t. 1t
could only vindicatc the disputed supremacy
of the Constitution. II could neither enlarge
nor diminish that authority which that Con-
s~titution confers upon the Government by
which it was achieved. Such an enlarge
ment or abridgement Of the constitutional
power can be effected only by an amendment
Of the Constitution itself, and such amend
ment can be made only in the modes which
the Constitution itself prescribes. The
claim that the suppression Of insurrection
against the Government gives additional au-
thority and power to that Government, espc-
cially that it enlurgos the jurisdiction Of
Congress and gives that body the right to ex.
clude States from representation in the ma
tional councils, without which the nation
itself can have no authority and no existence,
seems to US at variance alike with the princi-
pies of the Constitution and with the public
safety.
Sd. 1t is ALLEGED that in certain particulars
the Constitution Of the United States fails to
secure the absolute justice and impartial
equality which the principles Of government
require; that It was in this respect the result
Of compromises and concessions, to which,
however necessary when the Constitution
was formed, we are no longer counselled to
submit, and that now, having the power
through successful war, and just warrant for
its exercise in the hostile conduct Of the in
surgcnt section, the actual Government Of
the United States may impose its own condi-
,;ons and m,ke Tho Constitution conform in