The Elk advocate. [volume] (Ridgway, Elk Co., Pa.) 186?-1868, 1866-08-30

thus excluded are in rebellion against
the government, and are therefore pre-
cluded from sharing its authority. They
are not thus in rebellion. They are one
and all in an attitude Of loyalty 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 authori-
ty, or the slightest protest against its
just and binding obligation. This con-
dition of renewed loyalty has been Off
cially recognized by solemn proclama-
tion OF the Executive department. The
laws of the United States have been
extended by Congress over all these
States and the people thereof. FEEDER
al Courts have been reopened, and Fed
eral taxes imposed and levied, and in
every respect, except that they arc de-
MED representation in Congress and the
Electoral College, the States once in re-
bellion are recognized as holding the
same position, as owing the same obi.
cations, 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 a
claim, so enforced, involves as ratal an
overthrow of the authority of the Con.
s.itution, ana as complete a destruction
of the government and Union, as that
which was sought to be effected by the
States and people in armed insurrection
against them both. 1t cannot escape
observation that the power thus asserted
to exclude certain States and from rep
Iesentation, is made to rest wholly in
the will and discretion of the Congress
that asserts it. 1t is not made to de-
pend upon any specified conditions or
circumstances, nor to be subject to any
rules or regulations whatever. The
right asserted and exercised is absolute,
without qualification or restriction, not
confined to States in rebellion, nor to
States that have rebelled it is the
right CT any Congress in formal posses.
sion Of Legislative authority, to exclude
any State or States, and any portion of
the people thereof, at any time, from
representation in Congress and in the
Electoral College, at its own discretion
and until they shall perform such acts
and comply with such conditions as it
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 Con-
gress may exclude it for another. One
State may be excluded on one ground
oday, and another may be excluded on
the opposite ground tomorrow. North,
ern ascendancy may exclude Southern
States from one Congress-the ascen-
dency of Western or of Southern inter-
ests, or oc both combined, may exclude
the Northern or the Eastern States from
the next. Improbable as such usurpa.
tions may seem, the establishment of the
principle now asserted and acted upon
by Congress will remember them by no
means impossible The character, in
deed the very existence, of Congress ond
the Union is thus made dependent sole
ly and entirely upon the party and sec,
tloaal exigencies or torbearances of the
hour.
We need not stop to show that such
action not only finds no warrant in the
Constitution, but is at war with every
principle of our government, and with
the very existence Of free institutions.
tits, indeed, the identical practice which
has rendered fruitless all. attempts hith.
erto to establish and maintain free gov
crnments in Mexico and the States Of
South America. Party necessities as.
sert themselves as superior to the fun
damental law, which is set aside in reck-
less obedience to their behests. Stabil-
ity, whether in the exercise of power,
in the administration of government, OF
in the enjoyment OF rights, becomes
impossible and the conflicts of party,
which, under constitutional govern
ments, are the conditions and means of
political progress, are merged in the
conflicts of arms to which they directly
and inevitably tend.
1t was against this peril so copspicu,
Gus and so fatal to all free governments
that our Constitution was intended es.
pecially to provide. Not only the sta.
bility but the very existence of the
government is made by its provisions to
depend upon the right and the fact of
representation. The Congress, upon
which is conferred all the legislative
power of the national government, con.
sists of two branches, the Senate and
House Of Representatives, whose joint
concurrence or assent is essential to the
validity of any law. OF these the House
of Representatives, says the Constitu.
ton, (article l, section p, "shall be
composed Of members chosen every sec.
ond year by the people Of the several
States" Not only is the right of rep