Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-08-21
VOLUME XXXIII.

/ over the States and the territory, and the
! people involved in the insurrectlOn, the
! rights Of war-right Of conquest and con-
! fscation, the right to abrOgate all existing
| governments. institutions and laws, and to
| subject the territory conquered and It's IN
| habitants 20 such terms and regulations as
the legislative department Of the Govern
! ment may see fit to impose, under the broad
| and sweeping claim that the clause OF the
| Constitution which provides that no State
| shall without its consent be deprived OF It's
| egual suffrage in the Senate of the United
| States has been annulled, and the States have
| been refused, and are still refused, represen-
/ tation altogether in both branches OF the
Federal Congress; and the Congress IN which
only a part of Of the States and OF the peo-
pie of the Union are represented has assert
ed the right to exclude others from represen-
tation and from all share in making their
own laws and choosing their own rulers, I'M
less they shall comply with such conditions
and perform such acts as this Congress, thus
composed, may itself prescribe. That night
has not only been asserted, but 1t has been
exercised, and is practically enforced at the
present time. Nor does it find any support
in the cry that the States thus excluded
are in rebellion against the Government, and
are therefore precluded from sharing Its au-
thority. They are not thus in rebellion.
They are one and ali in an attitude OF 10y
atty towards the Government, and OF sworn
allegiance to the Constitution Of the United
States. In none of them is there the slight
est indication Of resistance to this authority,
or the slightest protest against its just and
binding obligations. This condition Of re-
newed LOYALTY has been officially recognized
by solemn proclamation Of the Executive
Department The laws Of the United States
have been extended by Congress over all
these States and the people thereof tede-
raj courts have been reOpened, and Federal
taxes imposed and levied, and in every res
pect except that they are denied rePresen-
tation in Congress and the Electoral College,
the States once in rebellion are recognized
as holding the same obligations and subject
10 the same duties as the other States Of our
common Union.
It seems to us, in the exercise Of the calm
est and most candid judgment we can bring
to the subject, such claim so enforced in
wolves as fatal an overthrow Of the authority
Of the Constitution, and as complete a de-
struction Of the Government and Union, as
that which was sought to be effected by the
States and people in armed insurrectlOn
against them. 1t cannct escape Observa-
ton. that the power thus asserted to exclude
! certain States from representation Is made
| 20 rest wholly in the will and discretion OF
the Congress that asserts It. II is not made
| 10 depend upon specified conditions or cir
! cumstances. nor to be subject to any rules
or regulations whatever. The right asserted
and exercised Is absolute, without qualitca-
| tion or restriction, not confined TO States IN
| rebellion. nor to States that have rebelled.
| Il is the right Of any Congress, in formal
| possession Of legislative authority, to eX-
| clude any State or States, and any portion
! of the people thereof, at any time from rep
| resentation in Congress, and in the Electoral
| College, at its own discretion, and until they
| shall perform such acts and comply with
| such conditions as il may dictate Obviously,
| the reasons 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
NAV exclude il for another. One State may
! be excluded on one ground to-day, and
! another may be excluded on the opposite
! ground tomorrow. Northern ascendency
! NAV exclude Southern States from one Con-
gress-the ascendency Of Western or South
ern interests, or of both combined, may ex-
clude the Northern or the Eastern from the
| next
Improbable as such usurpations may SEEM
the establishment of the principle now as
serted and acted upon by Congress will rem
der them by no means impossible. The
character, indeed the very existence of Con
gress and the Union, is thus made depend.
ent solely and entirely upon the party and
sectional exigencies or iOTbearance OF tht
hour. We need not stop to show that sucf
action not only finds no warrant IN the Con
stitutiOn, but is at war with every prlncIpl'
| Of our Government and with the very eX
istence Of free institutions. 1t Is, indeed
the identical practice which has RENDERED
frutless all attempts hitherto TO establisi
and maintain free governments IN MeXlc'
and South America. Party necessities as
| sert themselves as superior to fundamental
law, which is set aside in reckless obedienc
10 their behests. Stability, whether in tn
exercise Of power in the administration O
government or in the enjoyment of rights
becomes impossible, and the conflicts o
party, which, under constitutional govern
ments, are the conditions and means OF Po
litical progress, are merged in the conflict
| OF arms 10 WHICH bAS1 AAANNtAy oAN Ai'~' -'
bly, tend.
1t was against this peril, so conspicuous
and so fatal to all free governments, that ou
Constitution was intended especially to pre-
vide. Not only the stability, but the yer
existence ofthe Government is made by II
provisions to depend upon the right and tn
fact Of representation. The Congress, upO
which is conferred all the legislative pow6
, of the National Government, consists Of tw
+ branches-the Senate and House of Repre-
/. sentatives-whose joint concurrence or a
sent is essential to the validity Of any Law
, ! OF these, the House Of Representatives, say
/ the Constitution, ARTICLE lst, section 2d
, | shall be composed Of members chosen ever
I second year by the people of the sever'
= States. Not only is the right Of represent
ton thus recognised as possessed by all Il
- States and by every State, without restrl
f ton, qualification, or condition OF any KIN
= but the duty Of choosing Representatives
imposed upon the people of each and ever
Z State alike. without distinction or the a
: thority 10 make distinctions among them +
- any reason or upon any grounds whateve
. And in the Senate, so careful Is the Consl
4, tution 20 secure 70 every State this rig
! of representation, it is expressly proyid,
u, that no State shall without its consent
i deprived OF its equal suffrage in that bod
=, even hv an amendment TO the Constitute
l. itself When, therefore, any State Is e
- cluded from such representation, not only
~ the right Of the State denied, but the cons
: tutional integrity of the Senate is impairl
Il and the validity Of the Government itself
- brought in question. But Congress at the pr
N ent moment thus excludes from represent
i ton in both branches Of Congress ten States
ir the Union, denying them all share in the {
n actmeut flaws by which they are TO be So
NJ erned. and all participation in the elecl
M of the rulers by which those laws are to
,a | enforced. In other words Congress
nj which only twenty-six States are represe
cd assert, the right 10 govern, absolute
90 and I'm its own discretion, all the thirty-'
- States which compose the Union to ma
~ their laws and choose their rulers, and
NJ exclude the other ten from all shares IN th
sI own government, until it sees ht to ada
n them thereto. What is there 70 distingu
=. the mower thus asserted and exercised tr
~ the most absolute and intolerable tyranu
h, Nor does these cxtrayagant and uW
in claims ON the part Of Congress TO powers a
~. authority never conferred upon the Cove
-, ment bv the Constitution, find any war;
~ in the arguments or excuses urged on III
behalf Ii is alleged
- First. That these States, by the act oi
bellion and by voluntarily withdraw
tb,ir members from Congress forfeited Oh