The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1866-08-25
OTTAWA ILL.,. SATURDAY MORNING. AUGUST 25 1866

erDnent by tie Consultation, tnu any war
rant in the arguments or excuses urged on
their behalf 1t is alleged, 4: first, that these
States, bv the acj OF rebellion, and By volun-
tarily wllhdra vim their members from Con-
gress, forfeited their right Of representation !;
and that they can only receive 1t again at
the hands of the supreme legislative author,
ItY OF the Govern !nent, on it5 own terms,
and at its cwn discretion. IF representation
IN Congress and participation in the Govern
ment were simply privileges conferred and
he'd bv favor, this statement might have the
merit OF plausibiiity; but representation is,
under the Constitution. not only expressly
recognized as right, bnt it is imposed as
duty: and 1t is essential in both aspects, 10
the existence Of the Government, and ~ the
maintenance of It's authority. In free Gov
ernments, fundamental and essential rights
cannot be forfeited, except against individ-
uals, by due process of law; nor can constr
tutional duties and obligations be discarded
or laid aside. The en- oyment OF rights may
be for II time suspended by the failure TO
claim them, and duties may be evaded by
the refusal 20 perform them. The withdrawal
of their members from Congress, by the
St1trs which resisted the Government, was
among their acts of insurrection.--was one
of the means and agencies by which they
sought to impair the authority and dete At the
action of the Government: and that act was
anuuled aud rendered void when the insn.>
rection itself was suppressed. Neither the
right Gr representation, nor the duty to be
Represented. was IN the least impaired by the
fact of insurreclion; but 1t may have been
that By reason Of the inslr.cctiou, the cons
citiDns on which the enjoyment Of that
right. and the performance Of Tat duty. for
the time depended, could not be fulfilled.
This was, IA fact, the case. An Insur ,eut
rJwer. Ia IL exercise u. usurpeI and un!a%-
fal authority. had prohibited, wj'hin the ter
ri:crv under It's cont:O, that allegiance t. The
Constitution aud laws Of the Uuitel States
w.ich j. made, by that fundamental law. tie
esscn,i-l. CJndit.oa Ct representation n IL
corerI
10 man within the iasu-gent States v-as
a!lowc.i 10 take ;te cath to support the Con-
stitution Of the United States aud. as a
necessary consequence, no man could law
iuliv represent those States in the councils Of
the Union Eut this W.. only an obstacle to
the eujJyment Of the right and t. the dis
charge .. duty it did not anuul the one
or abro.ate the vthcr and it ceased to exist
whea tle usurpa,iJn by which it was created
had been Overthlown. and the States had
again resumed their allegiance 10 the COns,i-
tutIon and laws OF the UG.:ed States.
Ssc'nt-Bu' i Is asserted, III support 0.
the authority claimed bg the Congress nJw
in possession OF power, that It ftoso tIrc>i.T
from the laws pt war; that i i among the
rigE;s which victorious war always cJ.iers
! urun the cJrquerogs, and which the cou'
I qUeror NAV exercise or waive ia bis oNu DIS
/ cr-,;on. 70 rhi. We reply, that the laws lu
! question relate solely. so far as the RI Lhts
thvv coulter are concerned to wars W45e4
/ b tween alien aId .ependent nations, ;iaa
! can nave no place or force, IL sAls regard, III
/ a wax w,-eG by goverum-n: to suppress al
! Ius-r~ecti9u os ITS own people. upon rs o".
/ Sp., agair,-t It's authority Ii ~ had cay
! rlcl on a successful war agaIEat any iJrat-.
nation. W nigh; ther-by have acquired Pos
/ session and Jurisdiction of taa.r s.|, VIII
I the ri-A. 10 eu!u-.. oar l1ws upon their r-J'
/ pie, and 20 inpU- upoa tlem slc- lass ana
! suci. o5. -at.9ns as NC nigh. choose EG
l v-e had, before the ~. complete jnr litt.gi
/ over the soil oi tue S'--lern States, Ani'e-
! uuiy By our own constitution. Our Law:
. were the Only national avs IN force upon 1t
i Iue GJvc:uneut 0. the Jn-ieI St.-rs va.
! the OILY Government through VII . tle7,
! States aud iaeir rrCP-- had Te.a'iy&' VII!
torei-n nations; a1d 80 nag va, a.. ..
"'- = w. '"si
az, - '.' '.e IASe - W - ~ -,
i ., ~. -. -, H. -, ,i .,,,.
- -, ..I ,o,,'...
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IL; III =, -. -. - ,,,, :.
!, ID III, v:,l;c,,. erl -
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| e..,--;,- :. 80, ,-..;,f.- sr.,-..-. -.
! ;:,.,,-I .j... .-,.l .r;,- ,bi.h that t,rs.f,..
-, ,,, e.. ,,,,,, Tho G,,,.errr,e.f - wbrc'
/ :. -. ..b;.ya3 S,cb an erIar.,...-...,.t d.
aL-.I,ern.,f o, constitutional rover can b.
a.r.r,.i o.,,r by tie amendment of the Con
s.;,,ri.., i,.l,f: AID sacb sn,anJu.er,, can b.
! r,,.'a only =, th.. modes which the Ctas;i,u
ton itself pre,criles.
The claim that ihe sunpressioo of an in
snrr.ciion a,aiast the Government give
additional ..utnori., and power 10 tha; Gov
erDloer,t ~zueciaIlv that Il eularres the iuri.
! 1,r,;,p Of CONGRESS, and give, that BODY III
ri,L, tn cy,lnd, States from represerta.io
! in the national councils. without which tn
nation itself can have no authority aud u
exisre.ce. seems 10 Is At variau,. 1,:ke wit
he pripcisIes of the Constitution and wit
;b,. n,.b,ic ..f.rr.
T.;.y D.. :. :, ,r,,o3 r,. :, ca~,,;
.-.,I..I,-' - Co,.,i,.,t;,, of ,Ia I-,ita
,-s ,h ahsarn,. i,.,;ca an
t. uI;,;, ,..,.-.,.-I..s
IN '''-' "A,''. -, !, ,.,, =, H.,
our t'' 5',,,,,;,as ~.
respect 'A7 Ie9".' u '"I ,'' -
CONCESSIONS " WITH ~ -, >,
"heh 'h3 Osi,S''C"''o" vas .o' M, ,,
ION .er c''hle''' 10 SUM r., ,-''r 49,,
haF;r@ t's power '.Eo"ci SHeees,.i'' Ia
, and luSt warrant Tor - exercise III t'- "N.
tile conduc. o: the lnsur=ent seei!o1' "a
actual Governneut OF the In'ed 9Ia'l
may impose It's own conditions, aAd inaAs ID
Constitution conform III all ITS pFo'is ohs
its own ideas OF eqqai:,y and th' fishlS
man. Congress, at rs last session: propose
amendments to the constitutions eh," =ih
n some very important particulars lhe q.
, shortly o! the General government over 'ia
, ! of the several States, and reducing ~ 'nu