The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1866-08-28

4
to depend upon any specified conditions
or circumstances, NOR to be subject to any
rules or regulations whatever. The right
asserted and exercised is absolute, with
out qualifications or restriction, not con-
fined to States IN rebellion, nor to States
that have rebelled; it is the right Of any
Congress in formal possession Of legisla-
tive authority, to exclude any State or
States, and any portion of the people
thereof, at any time, from representation
in Congress and in the Electoral College,
at its own discretion and until they shall
perform such acts and comply with such
conditions as it may dictate. Obviously,
the reason for such exclusion, being
wholly within the discretion Of Congress,
may change as the Congress itself shall
change. One Congress may exclude a
State from all share in the Government
for one reason; and, that reason removed,
the next Congress may exclude it for an
other. One State may be excluded on
one ground to-day, and another may be
excluded on the opposite ground tomor
row. Northern asccndancy may exclude
Southern States from one Congress-she
ascendancy Of Western or Southern in
tsrests, or Of both combined, may ex-
Iclude the Northern or the Eastern States
from the next. improbable as such usur-
|patiOns may seem, the establishment Of
the principle now asserted and acted upon
by Congress will render them by no means
impossible. The character, indeed the
very existence, of Congress and the I'm
ion, is thus made dependent solely and
entirely npon the party and sectional ex
igencies or Performances of the hour.
We reed not stop to show that such
action not only finds no warrant in the
Constitution, but is at war with every
principle Of our government, ,and with the
very existence of free institutions. 1t is,
indeed, the identical practice which has
rendered fruitlsss all attempts hitherto to
establish and maintain free governments
in Mexico and the States of South Amer
lea. Party necessities assert themselves
as superior to the fundamental law,which
is set aside in reckless obedience to their
behests. Stability, whether in the exer-
else of power, in the administration of
goyernment,or in the enjoyment of rights,
becomes impossible; and the conflicts of
party, which, under constitutional gov
ernment arc the conditions and means of
political progress, arc merged in the con-
fict Of arms to which they directly and
inevitably tend.
/ It was against this peril socenspicnops
and so fatal to all free governments that
our Constitution was intended especially
to provide. Not only the stability bat
the very existence of the government is
made by its provisions to depend upon
the right and the fact Of representation.
The Congress upon which is conferred all
the legislative power of the national gov
ernment, consists of two branches, the
Senate aud House Of Representatives,
whose joint concurrence OF assent is es-
sential to tho validity of any law. OF
these. the House Of Representatives,, says
/ the Constitution, (article ], section 81
"shall be composed of members chosen
every second year by the people OF the
several States" Not only is the right oi
representation thus recognized as possess
ed by all the States and by every State
) without restriction, qualification or con.
dition of any kind, but the duty oi
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
reason or upon any grounds whatever
And in the Senate, so careful is the Con.
stitution to secure to every State this
) right Of representation, it is expressly
provided that "no State shall. without its
: consent, be deprived of its equal suffrage
in that body, even by an amendment Of
5 the Constitution itself. When, therefore
: any State is excluded from such repre-
sentation, not only is the right Of State
l denied, but the constitutional integrity o.
5 the Senate is impaired, and the validity
7 of the government itself is brought il
! question. But Congress a. the present
s moment thus excludes from representa-.
t tion, in both branches of Congress, ten
$ States of the Union, denying them al
: share in the enactment of laws by which
they are to be governed, and all partisi
$ patton in the election Of the rulers BY
e which those laws are to be enforced. Ii
! other words, Congress in which only
Q tweRty-six States are represented, asserts
d the right to govern, absolutely and in it
e own discretion, all the thirty-six State
0 which compose the Union-tO make thei
a laws and choose their rulers, and to ex
: clude the other ten from all share in thei
!, own government until it sees 6t to admi
It them thereto. What is there to distin
n guish the power thus asserted and exer
! cised frem the most absolute and intele
9 rable tyranny
e Nor do these extravagant and unjus
y claims on the part Of Congress to power
9 and authority never conferred upon tn
n government by the Constitution find an
d warrant in the arguments or excuses urg
It ed on their behalf. It is alleged,
i First That these States, by the act q
IS rebellion and by voluntarily withdrawn
/ their members from Congress, ferfeite
% their right of representation, and that the
i can only receive it again at the hands {
q the supreme Legislative authority OF tn
government, on its own terms and at il
le own discretion. If representation i
n Congress and participation in the goyerl
10 ment we're simply privileges conferre
W and held by favor, this statement migl
d have the merit Of plausibility. But rel
D. resentation is under the Constitution nj
At only expressly recognized as right, bs