Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1866-08-18

le and House of Representatives. whose ioir
or concurrence is essential to the validity {
it any law. "The House of Representatives.
4. says the Constitution, 'shall be compose
/ OF members chosen every second year b
l. the people of the several States"
If Not only is the right of representation
l. thus recognized US possessed by all tn
it States, and by every State without re
strictive qualification of any kind, bnt tn
d duty of choosing the representatives
i imposed upon the people alike, withou
d the power to make distinction anon:
), them for any reason, or for any purposi
: whatever; and in the Senate, so careful i
the Constitution to secure TO every STATE
the right of representation, it is express
' | ly provided that no State shall without
, its consent be deprived of equal suffrage
| in that body, even by an amendment tc
g the Constitution itself When, therefore
any State is excluded from such represen-
5 tation, not only is the right of the State
denied, but the constitutional integrity Of
the Senate is impaired, and the fidelity OF
the Government itself is drawn in ques-
tion.
But Congress at the present moment
thus excludes from representation in both
branches of Congress ten States of the
Union, denyiny them all privileges Of the
enactment Of the laws by which they are
to be governed, all participation in the
election of rulers by whom those laws are
to be enforced.
In other words, Congress, in which
twenty-six States are represented, asserts
the right to govern absolutely the thirty
six States which comprise the Uuion-to
make their laws, appoint their rulers, and
exclude the other ten from all share in
their own Government until it see fit to
admit them thereto.
What is to distinguish the power thus
asserted and exercised from the most ab-
solute and intolerabletyranny? [Cheers.
Nor do these extravagant and unjust
claims on the part of Congress stop at
powers and authorities never conferred to
| the Government by the Constitution, even
in the arguments urged on their behalf
1t is alleged, first, that these States, by
the act of rebellion, and by voluntarily
withdrawing their members from Con-
gress, forfeited their right to representa-
ton, and that they can only receive it
again at the hands of the supreme legisla-
tive authority of the Government on its
OWL ltTus anu ~ It's OWll NlsNLtblOA1 III
representation in Congress and participa-
tion of the Government were simply a
privilege conferred and held by favor.
This statement may have the merit of
plausibility, but representation is, under
the Constitution, expressly recognized as
right, and not only recognized as a right,
but imposed as duty essential in both
respects to the existence of the Govern
ment, and to the maintenance of its au-
thority. In free governments, fundamen-
tai and essential right cannot be forfeited,
nor can Constitutional duties and obliga-
tions be discarded or laid aside. The en-
ioyment of rights may be for time sus-
pended by the failure to claim them and
duties may be evaded by the refusal
to perform them. The withdrawal of
their members from Congress by the States
which resisted the general Government,
like the acts of their instruction, was one |
of the means and agencies by which they |
sought to impair the authority and defeat |
the action ofthe Government. aud that act |
was annulled and rendered void when the |
insurrection itself was suppressed. Nei- |
ther the right to representation nor the |
duties to be represented were in the least /
impaired by the fact of finsurrection- But |
1t may have been that by reason of the in
surrection the condition on which the en-
joyment of the right, and the performance
of that duty for the time depended, could
not be fulfilled. This was the fact. An
insnrgent power, by The exercise of
usurped lawful authority, had appropria-
ted all the territory under its control, in
Guiding that allegiance to the Constitu-
ton aud laws of the United States which
is made, by the fundamental law, the es-
sential of representation in the Govern
ment
No man within the lnsurgent States
was allowed to take the oath to support
the Constitution of the United States, and
as a necessary consequence, no man could
lawfully represent these States in the
councils of the Union. But this was only
a tentp6tafy obstacle to the enjoyment of
their rights, and to the discharge Oftheir
duties. = 1t did not annul the one nor alb
rogate the other, and it ceased to exist
when the usurpation by which it was ere
ated was overthrown, and the States
again assumed their allegiance to the Con-
stitution and laws of the United States. 1
Second. But it is asserted in support of
their claim, by the Congress now in pow
er, that it follows directly from the laws
Of war, that it is among the rights which
victory always confers upon the conquer
or, and which he may exercise or waive at !
his own discretion. To this we reply,
that the laws in question operated in the
same manner as the laws concerning war
fare between aliens and independent ma
ions, and can have no place or force in b
his regard in the war waged by the Gov b
srnment for the suppression OF an insur- y
,ection of its own people, on its own soil, /
against its own authority.
If we had waged war successfully
against any foreign nation, we might
ruly have acquired possession and juris- L
liction of their soil, with the right to en- "
orce laws upon their people, and to i'm 8
pose such obligations as we might choose. Q
But we had, Just before the war, COM Ii
neneed jurisdiction over the soil of the 8
southern States, limited only by our own ID
Constitution. Our laws were the only v
rational laws enforced, and our government &
he only one through which these States I
md their people had relations with for s
ign nations. Its flag was the only flag
" which they were to recognize Union
anywhere on the face of the earth.
In all these, and in all other respects
ur possession was perfect and complete.
t did not need to be acquired, but only
0 be maintained. A victorious war n
gainst the insurrection could do nothing
ut maintain it. It could only vindicate
ne disputed authority of the Constitution.
II could neither enlarge nor diminish
be authority conferred upon the Govern
aenu Dy That CONSTITUTION, by which II
vas achieved. Such an enlargement or
bridcement Of constitutional power can
G effected only by an amendment OF the
Constitution itself, and this can be done
q the mode prescribed. to
The claim that the suppression of the gl
lsurrection gives additional authority
nd power TO the Government, and es-
ecially that it enlarges the power and ?,
1risdiction of Congress, and gives that n
odv the right to exclude States from rep :.
esentation, affords no authority and no a,
over that can interfere with the princl-
les of the Constitution and with the pub
c taste. But it is alleged that in certain
articulars, the Constitution Of the United
tates fails to secure that absolute justice
nd impartial equality TO the members of A
he Government require that it was in n
his respect the result of compromise and n
oncession to which they answer when &
he Constitution was formed.
We are no longer compelled to submit,
nd II at now having the power, through
uccessful war, and just warrant for its ex-
rcise in the hostile conduct of the insur-
,ents' section, the actual Government OF :,