Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1866-08-30


ter--indesd the very existence of Congress
and the Union is thus made dependent sole.
ly and entirely upon the party and section
| al exigsneies and forbsaranoes ofthe hour
We need not stopto show that sucb &C.
ton not only finds no warrant in the Con-
stitution, but is at war with every principle
of our Government, and with the very ex-
istence of free institutions. Il is, indeed,
the identical practice which has rendered
fruitless all attempts hitherto to establish
and maintain free government in Mexico and
the States of South America. - .@
Party necessities assert themselves as su-
perior to the Fundamental law, which is set
aside in reckless obedience to their bebests
Stability, whether 10 the exercise Of power,
in the administration of Government, or in
the enjoyment of rights, becomes impossi
ble-and the conflicts of party, which, un
der Constitutional Governments, are the
conditions and means of political progress,
are merged in the conflicts of arms, to which
they directly and inevitably tend.
It Was against this peril, so conspicuous
and so fatal to all free Governments, that
our Constitution was intended especially to
provide. Not only the stability, but the
very existence Of the Government is made,
by its provisions, to depend upon the right
and the fact of representation. The Con
gress, upon which is conferred the legisla-
tive power of the National Government,
consists of two branches, the Senate and
House of Representatives, whose joint con
curreuce or assent is essential to the Validi-
ty of any Law. Of these, "the House of
Representative" says the Constitution,
article 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 restriction, 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 distinction among them, for any rea
SOD or upon any ground, whatever. And,
in the Sensts-so careful is the Constitution
to secure to every State this right of repre-,
seutation--it is expressly provided that
"No State shall, without its consent, be de.
prived of its equal suffrage" in that body,
even BY an amendment Of the Constitution
itself go. gr- ..s. 30 a,-
When, therefore, any State is excluded
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
iu question. But Congress, at the present
moment, thus excludes from representation
in both branches of Congress ten States of
the Union, denying them all share 10 the
enactment of laws BY which they are to be
governed, and all participation in the cleo
tion of the rulers by which those laws are
to be enforced. In other words, Congress
in which only twenty six States are repre-
seuted, asserts the right to govern, absolute
ly, and in its own discretion, all the thir
ty.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 ft to ad-
NIT them thereto. What is there to distiu-
guish the power thus asserted and exercised
from the most absolute aud intolerable. ty.
ranny? Nor do these extraVagant and un
just claims on the part of Congress to pow.
ers and authority never conferred upon the
government by the constitution fnd any
warrant in the arguments or excuses urged
on their behalf. Itis alleged:
First.-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
ooIy receive it again at the hands of the
supreme legislative authority of the gov
ernment Oh it's iown terms and its own dis
oretion. If representation in Congress and
participation 10 the government we're sim.
ply privileges conferred and held by favor,
this statement might have the merit of
plausibiity-but representation is, under
the constitution, not only expressly recog-
pized IS right, but it is imposed as du
ty, and it is essential, iD both aspects, to
the existence of the government and to the
maintenance of its authority In free gov
erDuents fundamental and essential rights
cannot be forfeited, except against iudiVid
uals, by due process of law Nor can cou-
stitutionsl duties and obligations be discar
ded or laid aside. The enjoyment of rights
may be for time suspended by the fail
ure to claim them, and duties may be eva
ded by the refusal to perform them.
The withdrawal of their members from
Congress by the States which resisted the
general government was among their acts
of insurrection- was one of the means and
agencies by which they sought to impair
the authority and defeat the action of the
government And that act Was committed,
and rendered void when the insurrection
itself was suppressed. Neither the right of
representation nor the duty to be represcn-
ted was in the leas. impaired by the fact of
iusurrection. But it may have been that
BY reason of the insurrection the conditions
on which the enjoyment of that right and
the performance of that duty for the time
depended could not be fulfilled
This was in fact the case. An iusurgent