Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-08-20

|
very existence of the Government is made.
| by its prOvisohsto depend upon the right
and the fact Of representation, The Con
| gresS, upon which is conferred all the leg
! islative power of the National Government,
lIcohsists of two branches, the Senate and
| House of Representatives, whose joint con-
currence or assent is essential to the valid
ity Of any law. OF these, the, House of
| Representatives, says the Constitution (ar-
ticle l, section 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 restitution, qualification or
condition of any kind, but the duty of
choosing representatives is imposed upon
the people OF each and every State alike,
without distinction, or the authority to
make distinctions among them, for any yrea-
son or upon any grounds whatever. And in
the Senate, so careful is the Constitution to
secure to every State this right of repre-
| sentation, it is expressly provided thatH'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 isexcluded from
such representation, not only is right of
the State denied, but the constitutional
integrity of the Senate is impaired, and
the validity of the Government itself Is
brought in question. But Congress at
the present moment thus excludes from
representation, in both branches of Con-
gress, ten States of the Union, denying
them all share in the enactment Of
laws by which they are to be governed, and
all participation in the election of the rul-
ers by which those laws are to be enforced.
In other words, a Congress in which only
| twenty-siX States are represented, asserts
the right TO govern, absolutely and in its
| own discretion, all the thirty-siX States
which compose the Union-tO make their
laws and choose their rulers, and to exclude
the other ten from all share in their own
government until it sees fit to admit them
thereto. What is there to distinguish the
power thus asserted and exercised from the
most absolute and intolerable tyranny?
w. Nor do these eXtravagant and 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. 1t is alleged, ."
| Ftrst-That these States, by the act of
rebellion and by voluntarily Withdrawing
their members from Congress, forfeited
their right of representation, and that they
can only receive it again at the hands OF
the supreme legislative authority of the
Government, on its own terms and at its
own discretion. If representation in Con-
gress aud participation in the Government
were simply privileges conferred
and held by favor, this statement
might have the merit of plausbilfty. But
representation is under the Constitution
not only expressly recognized as right,
but it is imposed as duty; and 1t is essen
tial in both aspects to the existence of the
| m a nd "A 10 nf
authority. In Tree governments funda-
mental and essential rights cannot be for
feited, except against individuals by due
| process of law; nor can constitutional du
| ties and obligations be discarded or laid
aside. The enjOyment of rights may be
| for time suspended by the failure to claim
them, and duties may be evaded by the re-
I tusal to perform them. The withdrawal of
their members from Congress by the States
which resisted the General Governmt mt
was among their acts of insurrection-wa
one of the means and agencies by which
they sought to impair the authority and
defeat the action of the Government; aud
that act was annulled and rendered void
| when the Instruction itself was, suppress
ed. Neither the right of representation
nor the duty to be represented was in. the
least impaired by the fact of iHsurrection;
but it may have been that by reason Of the
| insurrection the conditions on which the
enjoyment of that right and the per-
formance of that duty tor the
| time depended could not be full
| filled. This was, in fact the case,
An insurgent power, in the exercise Of
usurped and unlawful authority, had pro-
hibited within the territory under its con-
! troll, that aIlegianceto the Constitution aud
laws of the United States which is made by
that fundamental law the essential condi-
| ton of representation in its Government.
| No man within the insurgent States was
allowed to take the oath to support the Con-
stitution ofthe United States, and, as aneces-
| sary consequence, no man could lawfully
| represent those States in the councils of the
! Union. Bat this was only an obstacle to
the enjoyment of the right and to the dis.
charge of a duty-it did not annul the one
nor abrogate the other; and It ceased to
exist when the usurpation by which it was
created had been overtlIrOwn, and the
States had again resumed their allegiance
to the Constitution aud laws of the United
States. .r' '" ."r'
| Second-But it is asserted in support Of
the authority claimed by the Congress now
| in possession of, power, that it flows direct
| ly from the laws of war; that it is among
the rights which victorious war always
confers upon the cOnquerOfs, and which
| the conQuerOr may exercise or waive in his
own discretion. 10 this wereply 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 war waged by a Govern
ment to suppress an insurrection of its own
people, upon its own soil, against Its au-
authority. If we had carried on successful
war against any foreign nation, we might
thereby have acquired possession and juris-
dction of their soil, with the right to enforce
our laws upon their people and to impose
| upon them such laws and such obligations
as we might choose. But we had beforethe
war complete jurisdiction over the. soil Of
| the Southern States, limited only by our
own Constitution. Our laws were the only
| national laws in force upon it. The Gov
ernment of the United States was the only
Government through which those States
! and their people had relations with for
| eign nations, and it's flag was the only flag
by which they were recognized or known
anywhere on the face of che earth. In all
these respects, and In all other respects in-
volving rational interests and rights, our
/ possession was, perfect and complete. II
! did not need to be acquired but only
to be maintained; and victorious wan
against & the rebellion ,couldn do inOth-l
| ing more Il than maintain it. 1tueould
only yindicate, and re7estahlish N the,
bdisDuted supremacy of The Constellation
| 1t could neither enlarge nor Diminish the
authority which that Constitution confers
upon the Government by, which aiB was
achieved. Such an ehlargemento or abridge-
Lment Of Oohstitutionalp power can be effect
Oh onlu hvT amenflrn emf Of the Cou iii tlItior,