The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1866-08-29


own discretion. If representation in Con-
gress and participation in the Government
were simply privileges conferred and held
by favor. this statement might have the
merit Of plausibility. But representation
lie. under the Constitution. not only ex-
pressly recognized as light, but it is i'm
posed as duty and it is essential In both
aspects to the existence Of the Government.
and to the maintenance OF its authority.
In free governments fundamental and es-
sential rights cannot be forfeited, except
against individuals by due process of law !;
nor can constitutional duties and obliga-
tions be discarded and laid aside. The en-
joyment of rights may be for time sus-
pended by the failure TO claim them, and
duties may be evaded by the refusal to per-
form Them. The withdrawal Of their mem
bers 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 thatact
was annulled and rendered void when the
instruction itself was suppressed. Neither
the right of representation nor the duty to
be represented was in the least impaired
by the fact Of instruction but It may have
been that by reason Of the insurrecton the
csndilion on which the enjoyment OF that
right and the performance oil that duty for
the time depended could net be fulfilled.
This was, in fact, the case. An insurgent
power, in thelexerciss of usurped and I'M
lawful authority, had prohibited within the
territory under its control, that allegiance
10 The constitution and laws of the United
States which is made by that fundamental
law the essential condition Of representation
in its Government, No man within the
insursent States was allowed to take the
oath to support the Constitution of the
United States, and, as necessary conse-
auence, no man could lawfully represe nj
those States in the councils ofthe Union. Bur
this was DOLLY an obstacle to the enjoyment
the right and to the discharge OF aduty-
it did not annul the one nor abr0gate the
other; and it ceased to exist when the usurpa-
ton BY which it was created had been over
thrown, and the States bad again resumed
their allegiance to the Constitution and
laws Of the United States.
b Second. But ii is asserted in support Of
the authority claimed by the Congress now
in possession OF power, tLat II hOws direct
ly from the laws of war; that it is among
the rights which victorious war always con-
fers upon the conquerOrs, and which the
conqueror may exercise or waive In his
own discretion. To this we reply that The
laws in question relate solely, so tar as the
rights they coafer are concerned, to wars
waged between alien and independent ma
items, and can have no place or force. in
this regard, ia war waged by Govern
ment 10 suppress an instruction oil Its own
people, upon It's own soil. against authori-
~. II we had carried on successful war
against any foreign nation, We might there.
by have acquired possession and juri,dic.
tim OF their soil, with the right 10 enforce
our laws upon their people and to impose
upon them such laws and such obligations
as we might choose. But We had before
the war complete jurisdiction over the soil
OF the Southern States, limited only by our
own Constitution. Our laws were the only
national law 10 force upon i. The Govern
ment OF the United states was the only
Government through which those States
and their people had relations with foreign
nations. and IT'S flag was the only flag by
which they we're recognized or known any.
where on the lace Of the earth. La all these
respects, aud IN ali other respects inyoly-
ing national Interests and rights, our pos.
session was perfect and complete. Ii did
not need to be acquired, but only 10 be
maintained aud victorious war against the
rebellion Could 10 nothing more than main.
tain ii. II could only sigd,c ite and re.ss.
tsblish the disputed supremacy Of the Con-
stitution. IL could neither enlarge nor di.
minish the authority which that Constitu-
tion conlers upon the Government by which
i was achieved, such al enlargement Or
Dt constitutional pOwer can he |