East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1866-08-23


striotion, qualification OF condition of
any kdnd.. bat the duty OF choosing
representatives is imposed upon the
people Of each State alike, without
distinction, or the authority to make
distinctions among them, for any rea-
son or upon any grounds whGtever.-
And in the Senate, so careful is the
Constitution to secure TO every State
this right of representation, it is ex-
pressly provided that "no State shall,
without its consent, be deprived Of its
equal suffrage, in that body, even by
an amendment of the Constitution It
self. When, therefore, any State is
excluded from such representation,
not only is right Of the , tate denied
but the constitutional integrity of the
Senate is impaired, and the validity of
the Government itself is brought in
question. But Congress at the pres
ent moment thus excludes from repro
sentation, in both branches of Con-
eress, ten States of the Union, deny
ing them all share in the enactment
of laws by which they are to be gov
erned, and all participation in the cleo
ton of the rulers by Which those laws
are to be enforced. In other words, a
Congress in which only twenty-six
States are represented, asserts the
right TO govern, absolutely and in its
own discretion, all the thirty-six
States which compose the Union-to
make their laws and choose their rul-
ers, and TO exclude the other ten from
all share in their own government I'M
Ill it sees fit to admit them thereto -
What is there to distinguish the pow
er thus asserted and exercised from
the most absolute and intolerable ty-
ranny.
". Nor do these extravagant and
unjust claims on the part of Congress
to powers and authority never confer
red upon the Government by the Con-
stitution find any warrant in the ar
guments or excuses urged on their be-
half. 1t is alleged,
FIRST, That these States, 10y tie act
of rebellion and voluntarily withdraw
ing their members from Congress, for
feited their right to representation,
and that they can only receive it again
at the hands of the supreme authority
Of the Government, on its own terms
and at its own discretion. If repre-
sent0tion in Congress and participa-
ton in the Government were simply
privileges conferred and held by favor,
this statement might have the merit
Of FEASIBILITY. But representation is
under the Constitution not only eX-
pressly recognized as right, but it is
imposed as a duty; and it is essential
in boz aspects TO the existence of the
Government and to the maintenance
of its authority. In free governments
fundamental and essential rights can
not be forfeited, except agaii indi.
viduals by due process of law; nor car
constitutional duties and obligations
be discarded or laid aside. The en.
ioyment of rights may be for a time
suspended by the failure TO claim
them, and duties may be evaded by
the refusal to perform them. The
withdrawal of their members from Con
gress by the States which resisted tho
General Government was among then
acts Of insurrection-was one of the
means and agencies by which they
sought to impair the authority and de
feat the action of the Government
and that act was annulled apd render
u IL 81 a. .-.s,. --..s-.,4:.N,, ;Sooli
was suppressed. Neither the right o
representation nor the duty to be rep
resented was in the least impaired by
the fact of instruction but it may
have been that by reason of the in
surrection the conditions on which tn,
enjoyment of that right and the per
formance Of that duty for the time de
pended could not be fulfilled. This
was, in fact, the case. An insurgen
power, in tie exercise of usurped anC
unlawful authority, had prohibited
within the territory under its control
that allegiance TO the Constitute II anC
laws of the United States which il
made by that fundamental law the es
sential condition of representation il
It's government No man within tho
insurgent States was allowed to take
the oath to support the Constitution
of the United States, and, as a neces.
sary consequence, no man could law
fully represent those States in the
councils of the Union. But this was
9hRS ne % % the fse dsoRsrge Of
duty-it did not annul the one mol
abrogate the other; and it ceased t.
exist when the usurpation by which
it was created had been overthrown
and the States had again resumed
their allegiance TO the Constitution
and laws of the United States.
Second. But it is asserted in support
of the authority claimed by the Con.
gress now in possession ofpower, thai
it flows directly from the laws of war
that it is among the rights which vic
torious war always confers upon the
conqueror, and which the conqueror
may exercise or waive in his own dis
cretion. To this we reply that the
laws in question relate solely, so far
as the rights they confer are con-
cerned, to wars waged betweon alien
and Independent nations, and can
have no place or force, in this regard,
in a war waged by government to
suppress an instruction of its own
people, upon its own soil, against any
| foreign nation. we might thereby
have acquired possession and juris-
diction of their soil, with the right
to enforce our laws upon their pco-
pie and to impose upon them such
laws and such obligations as we
might choose. But we had before
the war complete jurisdiction over
the soil Of the Southern States, limit
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