The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1866-08-28
FIFTEENTH voLUmE---NUMBER 1872.

which 1t was created had been oyerthrown aHd
the States had again resumed their slleeian to
the constitution and laws Of the United States
Second-But u 10 asserted, in support of the
authority claimed by the Congress now in pos
session OF power that il flows directly from the
laws or war; that it is among tho rights which
victorious war always confers upon the con-
querors, and which the conqueror NAV exercise
or waive, in his, own discretion. To this we re-
! ply that the laws in Question relate solely, 90
far as the rights they confer are concerned, TO
wars waged between alien and independent ma
tions, and cea have no place or force in this re-
gard in war wageds by government TO sup.
press an insurreetion Of It's own people, upon its
| own soil, against its authority. IF We had car
ried on successful war agaius. any foreign na-
ton, we might thereby have acquired possession
and Jurisdiction of their soil, with the right 20
enforce our laws upon their people, and to inn
pose upon them such laws and such obligations
as we might Choose But we had before the
SoutherR States, limited ouly by our own con-
stitution. Our laws were the only national laws
in force upon it the government of the United
States was the only government through which
those States and their people had relations with
foreign nations, and its flag was the only flag
by which they were recognized or known any
where on the face of the earth. In all these re-
spects and in all other respects involving ma
tional interest and rights, our possession was
perfect and complete. 1t did net need to be
acquired, but only to be maintained, and victo.
rious war against the rebellion could do nothing
more than maintain it-could only viudicate and
re-establish the disputed supremacy of the con-
stitut.oD. 1t could neither enlarge nor diminish
the authority which that constitution confers
upon the government by which it was achieved.
ohr;@ oc .
tutional power can be effected only by the
amendment of the constitution itself, and such
amendment can be made only in the modes
which the constitution itself prescribes The
claim that the suppression Of an insurrection
against the government gives additional author
ity and power to that government, especially
that it enlarges the jurisdiction Of Congress aud
gives that body the right to exclude States from
representation in the national councils without
which the nation itself can have no authority
and no existence, it seems to us is at variance
alike with the principles of the constitution and
with the public safety.
fhird-But it is alleged that in certain par
ticulars the constitution of the United States
fails to secure that absolute justice and impartial
equality which the principles Of our government
require That it was ia these respects the re-
suit Of compromise and concessions, to which,
however necessary when the constitution was
formed, we are no longer compelled to submit,
and that now, having the power. through sue
cesstnl war, and just warrant for its exercise, in
the hostile conduct of the insurgent section, the
actual government of the United States may ina
pose its own conditions aud make the constitu-
tion conform, in all its provisions, to its own
ideas of equality and the rights of man.
Congress, at its last session, proposed amend
ments to the constitution, enlargiug 10 some
very important particulars the authority of. the
general government over that of the several
States, and reducing by indirect disfranchise-
ment the representative power of the States 10
which slavery formerly existed. Aud 1t is
claimed that these amendments may be made
valid as parts Of the original constitution with
out the concurrence of the States to be most
seriously affected by them, or may be imposed
upon these States by three fourtbs- of the re-
naming States conditions of their re-admis-
sion to representation in Congress and in the
electoral college.
1t is the unquestionabls right of the people
of the United States to make such changes in
the constitution as they, upon due deliberatioD,
may deem expedient. But we insist that they
shall be made in the mode which the constitu-
tion itself points out, in conformity with the
letter and the spirit of that instrument, and with
the principles of self government aid equal
rights which lie at the basis of our republican
institutions. We deny the right of Congress to
make these changes in the fundamental law
without the concurrence of three-fourths Of all
the States, including especially those to be most
seriously affected by them, or to impose them
upon States for people, conditions of repre-
sentation or of admission to any of the rights,
duties or obligations which belong, under the
constitution, to all the States alike
AZ eel l. l.
the right of any portion Of the States excluding
the rest of the States from any share in their
councils, or to propose or sanction changes in the
constitution which are to affect permanently
political relations and control coerce the legt-
innate action of the several members Of the COM
mon Union. Such an exercise of power Ia
simply usurpation-just as unw arrantable when
exercised by Northern States as it. would be IL
exercised by Southern and not to be fortified
or palliated by anything In the past history
either Of those BY whom it is attempted or Of
those upon whose rights and liberties it-is to
sake effect. 1t finds no warrant 10 the coosti-
tuition it is at war With the fundamental prin-
cipes Of our form of government, aud if tolerated
in one instance, it becomes the precedent for
future invasion Of liberty and constitutional
right, dependent solely upon the win of she
party. in possession of power and thus leads, By
direct anc necessary sequence, 10 the most fatal
and iutolerable of all tyraanies--ths tyranniss
| of shifting and irresponsible factions. Il il
against this, the most formidable Of all dangers
| which menace the stability of tree governmsnt,
that the constitution of the United States was
intended most carefully to provide. We demand
strict and steadfast sdherencs to its provisions.
| Ip this, and 10 this alone, can We fnd basis Of
permanent union and peace
! Fourth-But it is alleged, in Justification of