The Conservative. (M'connelsville, Ohio) 1866-1871, 1866-08-31

idity of any law OF these, the House
of Representatives, says the constitu
ton, (article /, section 2.) "shall bC
composed Of members chosen every
second year blythe people of the several
States Not only is the right of rep
Iresentatien ihus recognized as possessed
by al the States, and by every State
without restriction, qualification orcOn-
dition of any kind, but the duty OF
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 ia the constitution TO secure
To every State this right Of representa-
ton, tits expressly provided that 'no
state shall, without IFS consent be de-
privcd Of its equul suffrage" in that
body, even by an amendment of the
constitution itself When, therefore.
any State is excluded from such repre-
scntation, not only is right of the
State denied, but the constitutional in
tegrity OF the Senate is impaired, and
the validity Of the Government itsolf is
brought in question. But Congress at
the present moment thus excludes from
representation, in both branches Of
Congress, ten States OF the Union, de-
nying them all share in the enactment
Of laws by which they are to be gov
crncd, and all participation in the ccc-
ton Of the rulers by which those laws
arc to be enforced In other words. q
Congress in which only twenty. six
States are represented. asserts thcright
to govern, absolutely and in its own
discretion, all the thirty-six States
which compose the Union-to make
their laws and choose their rulers, and
to exclude tho other ten from all share
in their own government until it secs
fit to admit them thereto. What i.
there TO distinguish the power thus as.
serted and exercised from the most alb
solute and intolorablc tyranny?
Privilege OC Citizenshlp Restored
4. Nor do these extravagaut and un
just claims on the part Of Congress e
powers and authority never conferred
upon the Government by the constitu
tion find any warrant in the argumcnt
or excuses urged on their behalf 1t i
alleged.
First-That these States, by the ac
Of rebellion and by voluntarily with
drawing their mcmbers from Congress
forfeited their right Of representation
and that they can only receive it agai
at the hands OF the supreme legislativ
authority ofthe Government, on its ow
terms and at its own discretion.
representation in Congress and partici
patton in the Government were simpl,
privileges conferred and held by favor
this statement might have the merit O
plausibility. But representation is un
der the constitution not only eNpressl'
recognized as n right, but il is imposed
as II duty; and it is essential in botl
aspects to the existence Of the Govern
ment and to the maintenance Of its au
thorty. In free governments iunda
mental and essential rights cannot b,
forfeited, except against individuals by
the due process Of law; nor can cons
titutional duties and obligations be dis
.carded or laid aside. The enioymen
Of rights may he for time suspendeC
| by the failure 10 claim them, and tn,
duties may be cvaded by the refusal t
perform them. The withdrawal o
their members from Congress by tn,
States which resisted the General Gov
ernment was among theiracts of insur
rection-was one Of the means auc
agencies by which they sought to i'm
pair the authority and defeat the ac
ton Of the Government; and that nc
was annulled and rendered void whcl
the insurrection itself was suppressed
Neither the right of representation OF
the duty t) be represented was in tn,
least impaired by the fact of insurrec
ton; but it may have been that by
reason Of the insurrection the condition.
on which the enjoyment Of that right
and the performance of that duty fol
the time depended cOuldnot be fulfilled
This was in fact the case. An insur
gent power, in the exercise Of usurpcC
and unlawful authority, had prohibited
within the territory under its control
! that allegiance to the constitution ant
laws Of the United State which is mad,
by that fundamental law the esscntia
condition of representation in its Gov
ernmont No man within the insurgent
States was allowed to take the oath t.
support the constitution Of the United
States and, as necessary consequence
no man could lawfully represent those
States ir the councils Of the Union
! But this was only an obstacle TO the
enjoyment Of the right and to the dis
charge of a duty-it did not annul the
one nor abrogate the other; and il
ceased to exist when the usupation by
which twas created had been over
thrown, and the States had again re.
sumed their allegiance to the constitu-
ton and laws of the United States,
The Rebellion an InSurreciiOn.
Ct.o-.l "a :.