The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-08-21

i
right OF the State denied, but the constitu
I sionai integrity Of the Senate is Impaired
and the validity Of the Government ITSELF e
! brought in question. But Congress, al
tine present moment, thus excludes from
| representation in both branches of Con.
| gress ten States of the Union; denying
them all share in the enactment Of laws by
which they are to be governed, and al
| participation in the election of the rulers
Dy which those Laws are to be enforced. In
p.neI words, Congress-. in which only
twenty-s1x States are represented, asserts
the r1Eht to govern, absolutely, and in it's
own discretion, all the thirty-six States
which compose the Union; to make their
laws and choose their rulers, and to ex-
ciude the other ten from all share in their
own Government, until it sees fit to admit
them thereto. What is there to distinguish
the power thus asserted and exercised from
sne most absolute and intolerablc tyranny?
Nor do these extravagant and unjust
claims on the part Of Congress to powers
Go1oansnt enc eusnSr,ty never % conferred upon the
warrant in the arguments or excuses urged
In their behalf 1t is alleged:
l. That these States, by the act of rebel
non. and oy voluntarily withdrawing their
memoers from Congress, forfeited their
right to representation, and that they can
only receive it again at the hands Of the
supreme Legislative authority of the Co.
vernment, on its own terms and its own
discretion. If representation in Congress
ana participation in the Government were
SIMPLY privileges conferred and held bv
iaTor, this statement might have the merit
of plausibiity; but representation is. under
tne constitution, not only expressly recog-
nlzed as right, but it is imposed as a
duty, and it Is essential in both respects.
to the existence Of the Government and to
tho maintenance Of its authority. In free
Governments, fundamental and essential
nights cannot be forfeited, except against
individuals, by due process of law. Nor
can constitutional duties and obligations
DC discarded or laid aside. The enjoyment
OF rights may be, for time, suspended,
oy the failure to claim them, and duties
may be cvaded by the refusal to perform
them.
The withdrawal Of their members from
Congress by the States which resisted the
General Government was among their acts
of insurrection-was one of tho means
and agencies by which they sought to i'm
pair the authority and defeat the action OF
the Government. And that Act was all
n1lled and rendered void when the insur-
rectaon itself was suppressed. Neither the
right OF representation, nor the duty to be
represented was in the least impaired by
the fact Of insurrection, but it NAV have
been that. by reason of tho insurrection.
tho conditions on which the enjoyI, ant of
that right and the performance &C. that
fulfilled.
This was, in fact, the case. An insur
gent power, in the exercise of usurpcd and
unlawful authority in the territory under
It's control, had prohibited that allegiance
to the Constitution and laws of the United
States which Is made by that fundamental
law the essential condition Of representa-
ton IN its Government. No man within
the insurgent States was allowed to take
tho oath to support the Constitution of the
United states, and, as necessary conse-
quence, no man could lawfully represent
those States in the councils OF the Union
But this was only all obstacle to the enjoy
mcnt Of the right and to the discharge of
:. duty. 1t did not annul the one, nor
abrogatc the other, and it ceased To exist
when the usurpation by which it was
created had been overthrown, and the
States had again resumed their allegiance
to tho Constitution and laws of the emit ed
States.
2. But it is asserted, in support Of tho
authority claimed by the Congress now in
possession OF power, that it flows directly
from the laws of war; that it is among the
rights which victorious war always confers
upon the conqucrors, and which! the con
queror may exercise or waive, in his own
discretion. To this we reply that the laws
in question relate solely, so far as the
rights they confer arc concerned, to wars
waged between alien and independent Ina
tons, and can have no place or force in
this regard ill u war wngcd by the Govern
ment to suppress all insurrection Of its own
people, upon its own soil, against it's au-
thority. If we had carried on succcsafu!
war against any foreign nation, we might
thereby have acquired possession aud ju-
risdiction of their soil, with the right to
enforce our laws upon their people, 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
ed only by our own Constitution. Our laws
We're the only national laws in force upon
1t; 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 hy which they were recognized or
known anywhere ON the face of the earth.
In all these respects, and in all other re-
spects involving national interest and
right, our possession was perfect and com
plete. 1t did not need to be acquired, bat
only to be maintained, and victorious war
against the rebellion could do nothing
more than maintain tit could only vintil-
cate and rc-establish the disputed suprc-
macy OF the Constitution. 1t could neither
enlarge nor diminish the authority which
that Constitution confcrs upon the Govern
ment by which 1t was achieved Such an
enlargement or abrldgemcnt Of collstliu-
tional power can be effected only 10y the
amendment Of the Constitution itself, and
Such amendment can be made only IN the
modes which the Constitution itself pre-
scribes. The claim that the suppression
OF an lnsurrcction against the Government
gives additional authority and power t"
that Government, especially that it en-
larges the jurisdiction OF Congress, and
gives that body the right to exclude. states
from representation III the national coun-
ellis, without which the nation itself can
"a tv nj