The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-08-30

thority, which it did not possess before
the rebellion broke out. ALI the rightful
power it can ever possess is that which Is
conferred upon it, either in express terms,
or by fair and necessary application, by
the Constitution of the United States
It was that power and that authority
which the rebellion sought to overthrow,
and the victory Of the Federal arms ", was
simply the defeat of that attempt. Inc
| Government of the United States acted
throughout the war on the defensive 1t
souphS only to hold possession OF what
was already its own. Neither the war
nor tho victory by which it was closed
changed. in any way, the Constitution of
the United States. The war was carried
on by virtue of its provisions, and under
the limitations which they prescribe, and
the result of the war did not either
enlarge, abridge, or in any way change
or affect the powers it confers upon the
Federal Government, or release that Gov
ernment from the restrictions which 1t
has imposed. The Constitution OF the
United States is, to-day, precisely as it
was before the war, the supreme las0 Of
the land, anything in the Constitution or
laws of any State to the contrary not
withstanding" And, today, also, pre-
ciscly as before the war, "all the powers
not conferred by the Constitution upon
the General Government, nor prohibited
by it to the States, is reserved to the sew
cral States, or to the people thereof"
This position is vindicated not only by
the essential nature Of our Government,
and the language and spirit of the Con-
stitution, but by all the acts and the Ian
puace of our Government in all its de-
partments and at all times. From the
outbreak of tho rebellion to its final over
throw, in every message and proclama-
ton of tho Executive, it was explicitly
declared that the sole object and purpose
of the war was to maintain the authorl-
ty of the Constitution and to preserve
the integrity of the Union. And Con-
gress, more than once, reiterated this SOL
emn declaration, and added the assurance
that, whenever this object should be at
tanned, the war should cease; and all the
States should retain their equal rights
and dignity unimpaired. 1t is only since
the war was closed that other rights have
been asserted on behalf Of one depart
ment of the General Government 1t
has been proclaimed by Congress that, in
addition to tho powers conferred upon it
by the Constitution, the Federal Govern
mont may now claim over tho States, the
territory and the people involved in insur-
rection, the rights OF war, the right of
conquest and of confscation; tho right
to abrogate all existing Governments, in
stitutions and laws, and to subject the
territory conquered, and its inhabitants,
to such laws, regulations and depriva-
tions as the Legislative departments of the
Government may 500 fit to impose.
Under this broad and sweeping claim,
that clause of the Constitution which pro-
vides that "no State shall, without it's con-
sent, be deprived of its equal suffrage in
the Senate of the United States" has boen
annulIed. and ten States have been re-
fused, and still are refused, representation
altogether in both branches Of the Federal
Congress; and tho Congress in which only
g part of the States and of the people OF
the Union are represented has asserted
the right thus to exclude the rest from
representation and all share in making
their own laws, or choosing their own
rulers, until they shall comply with such
conditions and perform such acts as this
Congress, thus composed, may itself pre-
scribe. That right has not only been as
serted, but it has been exercised and is
practically enforced at the present time.
Nor does it find any support in the theo-
ry that the. States thus excluded are in
rebellion against the Government, and
therefore precluded from sharing its au-
thority. They are not thus in rebellion.
They arc one and all in an attitude of 10y
atty towards the Government, and Of
sworn allegiance to the Constitution of
the United States. In no one of them is
there the slightest indication of resistance
to this authority, or the slightest protest
against it's just and binding obligation.
This condition of renewed loyalty has
been officially recognized by solemn proc
lamation of tho Executive Department; !;
tho laws of the United States have been
extended by Congress over all these
States and the people thereof; Federal
courts have boon re-opened, and Federal
taxes imposed and lowed and, in every
respect, except that they are denied rep
rcsontion in Congress and the electoral
college, the States once in rebellion are
now recognized as holding the same posi-
ton, as owing the same obligations, and
subject TO the same duties, as the other
States of our common Union.
| 1t seems to us, in the exercise Of the
calmest and most candid Judgment we can
bring to the subject, that such claim, 80
enforced, involves as fatal an overthrow
of the authority Of the Constitution, and
as complete destruction of the Govern
ment and Union, as that which was
sought to be effected by tho States and
people in armed insurrection against them
both. 1t cannot escape observation that