The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-06-21

such government be republican. To con- |
vert an obligation of guarantee into an
authority 10 interfere in any way in
tho formation of the government To be
guaranteed is to do violence to language.
If il is to be said that the President did
ILLEGALLY interfere in the reorganization of
such governments, thc answers are obVl-
Gus. First. If il was true, II the people
of such States not only have not, but do
not complain of it, but, on the contrary,
have pursued his advice, and are satisfied
with and are living under the governments
they have adopted, and those governments
are republican in form, what right has
CONGRESS to interfere or deny their legal
.vistance2 Second. Conccding, for argu-
Ement's sake, that the Presidents alleged
interference was unauthorized, does II
not for the same reason, follow that any
like interference by Congress would
he equally unauthorized! A different
view is not to be maintained, because OF
the difference in the nature of the powers
conferred upon Congress and the Presi-
dent-thc one being legislative and the
other executive; for 1t Is equally ana upon
the same ground bcyoud the scope OF either
to form a government for the people OF
State once in the Union, or 10 cXpel such
a State from the Union, or to deny, tenn
porarilv or permanently, the rights which
belong to State and her people under the
Constitution.
HOW CONGRESS LOSES CONTROL OVER THE
STATES.
Congress may admit new States, but
State once admitted ceases to be wltiln
its control, and can never again be brought
within it. What changes her people may
at any time think proper to make IN ller
constitution is matter with which neither
Congress nor any department of the Go
vcrnment can interfere unless such changes
make the State government ann-repuDh-
can. and then it can only be done under
the obligatioii TO guarantee tllat IL DC
republican. Whatc. ~. NAV oe 'he extent
of the power conferred upon congress III
the third section, article 4, of the ConStI-
tuition, 10 admit new States, in what man
ncr and 10 what extent they can under
that power interfere III the formation and
character OF the constitution OF such States
preliminary to admission into the Union, no
one has ever pretended that when that is
had the State can again be brought within
its influence. The power is exhausted
when once extended, the subject forthwith
! raising out Of its reach. The States adj
mittcd. like the original thirteen States,
become at once and forever Independent
of congressional control. \ different view
would change the entire character OF the
Government, as its trainers and their cotem-
porarics designed and understood it to be.
They never intended 10 make the State
governments subordinate to the Gene
raj Government. Each was to move SUI
prcmc within its own orbit, but a. each
would not alone have met the cXigcnclcS
Of a government adequate to all the wants
of the people, the two, in the language of
Mr.. Jefferson, constituted coordinate de-
partmcnts OF one single and integral
whole" the one having the power OF le-
giSlation and the administration /" in affairs
which concerned their own citizens only;
the other, " whatever concerned foreign
crS or citizens of other States WITHIN
their respective limits each is paramount.
The States as to all powers not delegated
To the General Government are aN indie
pendent of that Government rs the latter
in regard To all powers that are delegated
to it is independent of the governments OF
the States. The proposition, then, that
Congress can, by force or otherwise, under
the war, or in>urrectionary, or any other
power, eXpcl a State from the Union or
reduce it to territorial condition, and
govern it aS such, Is utterly without toun-
dation. The undersigned deem it unnc-
ceS>arv 10 examine the question further.
They leave il upon the observations sub
mittcd, considering it perfectly clear that
States, Notwithstanding occurring inSur-
rcctiOnS, continue to be States OF the
Union.
Thirdly. II this is 50, it necessarily fol-
lows that the rights OF States under the
Constitution, as originally possessed and
enjoyed bythcm, are still thcirS-and those
they are now enjoying, as far as they de
/ pend upon the executive and judicial de-
partmcntS of the Government. By each OF
/ these departments they are recognized a.
/ States. By the one, all officers of the Go
vcrnment required by law to be appointed
! in such States have been appointed, and
are di>charging without question their re-
! Spcctiyc functions. BY the other they are,
| as States, enjoying the benefit, and sub
! iccted 10 the powers Of that department, a
! fact conclusive 10 show that, in the eStima-
I tion of the Judiciary, they are, as they
/ were at first, States OF the Union, bound
/ By the laws OF the Union, and entitled TO
/ all the rights incident TO that relation. And
vet, 50 far, they are denied that right
which the Constitution properly cSteems
as the security Of all the others-that
right, without which government is any
thing but republic is, indeed, but a
tyranny-the right of having a voice in
! the legislative department, whose laws
bind them in person and in property. This,
! it is submitted, is a state of things without
example in representative republican CO.
vernment; and Congress, as long as 1t
denies this right, is mere deSpotlSm.
! Citizens may be made 10 submit TO II by
force or dread of force but tratcrnal
spirit of good feeling towards those who
impose it. so important to the peace and
prosperity Of the country, are not TO be
hoped for, but rather unhappiness, diSsatis-
! faction, and ennity.
THE QUESTION or DANGER To THE UNION
DISCUSSED.
There IS but one ground on which such
conduct can find any excuse-the sup
posed public necessity, the peril OF de-
| struction to which the Government would
be subjected il the right was allowed. But
for such a supposition there is not, in the
opinion of the undersigned, even shadow
| Of foundation.
The representatives of the States in
which there was no insurrection, if the
others were represented, would, in the
House, under the present apportonment,
exceed the latter by majority OF seventy
! >-A~N~N 1 ,,r,rnrJar