North Branch democrat. [volume] (Tunkhannock, Pa.) 1854-1867, 1866-08-29
~TUNKHANNOCK Pa WE'D \ESDAY, AUGUST 80, 1866.

rebellion and by voluntarily Withdrawing
their members from Congress, forfeited
their right of representation, and that they
can only receive it again at the hands of
the supreme legislative authority of the
| Goverumn mt, on its own terms and at its
own discretion. representation in Con-
grcss and participation in the Government
were simply privileges conferred and held
! bv favor, his statement might have the
merit of plausibility. But representation
is, under the Constitution, not only ex-
prcssly recognized as a right, but it is i'm
| posed as duty, and it is ESSENTIAL in both
aspects TO the existence of the Govern
ment and to the maintenance of its au-
| thority. In free governments tundamen-
tai and essential rights cannot be forfeited,
except against individuals by due process
! of law, nor can constitutional duties and
obligations be discarded or laid aside
The enjoyment 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 Congress by the
|
mcnt was among their acts OF insurrec
tion-was one Of the means and agencies
| by which they sought 20 impair the author
| ity and defeat the action of the Govern
ment and that act was annulled and rem
! dered void when the instruction Itself
was suppressed Neither the right of rep.
sentation nor the duty to be represented
was in the least impaired by the fact of in
snrrecton, but it may have been that, by
reason ofthn inSurrection, the conditions on
which the enjoyment Of that right ard the
performance OF that duty for the time de-
pended, could not be fulfilled. This was,
in fact. the case. An insurgent power, in
;he exercise of usurped aud unlawful au-
thorjty in the territory under its control,
had prohibited that allegiance to the Con
Stitution and laws of the United States
VIII ch is made by that fundamental law
the essential condition of representation in
Government No man within the insur-
gent States was allowed to ia Ike the oath
to support the Constitution OF the United
States. and as a necessary consequence no
man couldslawtUlIy Y represent those States
in the councils of the Union. But this
was only an obstacle to the enjoyment of
the right and TO the discharge of a duty ;
! it did not annu the one nor abroLate the
| other. and it ceased to exist when the
usurp ,t,on bv which it WAS created had
been ovrrthrown and the States had again
resumed their allegiance to the Constitu
ton and laws of the United States.
Second. But it is asserted. in support of
the authority claimed by the. Congress
now in possession of power. that it flows
directly from the laws of war; that it is
amo~ the rights which victorious war al
ways conters upon the conquerors, and
which the conqueroc may exercise or
waive, in his own discretion. To this we
reply, that the laws in question relate sole
". so far as the rights they confer are con-
cerne1, to wars vaged between alien and
Independent nations, and can have 10 place
or force in this regard III war wagcd by
government to suppress an insurrection
of its own people upon IFS own soil against
its authority. If we had carried on sue
cessfuI war against any foreign nation, we
might thereby have acquired possession
and jurisdiction of their soil, with the
right to enforce our laws upon their peo-
pie, aud to impose upon them such laws
and such obligations as we might choose.
But we had before the war, complete Ju-
risdic,ion over the soil of the Southern
States, limited only by our own Cons titu-
ton. Our laws were the only national
laws in force upon it. The Government
of the United States was the enl y Govern
mcnt through which those States and tIeir
people had relations with foreign nations,
and its flag was the only flag by which
thev were recognized OIL known anywhere
on the face Of the earth. In all these re-
spects. and in all other respects involving
national interests and rights, our possession
was perfect and complete. 1t did not need
to be acquired, but Only to be maintained;
and victorious war against the rebellion
could do nothing more than maintain it
It could only Wind cate and re-establlsh
the disputed supremacy of the Constitu-
ton. 1t could neither cnlarge nor di-
minish the authority which that Constitu-
ton confers upon the Government by
Wnlcn II was dc.llthCu. OUCH du GilIdTnc-
ment or abridgement Of constitutional
power can be effected on y by amendment
of the Constitution itself, and such amend
mcnt can be made only in the modes which
the Constitution itself prescrbes.
The claim that the suppression of an
insurrection against the Government gives
additional authority and power to that
Government, especially that 1t enlarges
the jurisdiction OF Congress and gives that
body the right to exclude States from rep
reSentation IN the National Councils, with
out which the nation itself can have no au-
thority aud no existence, seems to US at
variance alike with the principles of the
Constitution and with the public safety
Third. But it is alleged that in certain.
particulars the Constitution of the United
United States fails to secure the absolute
Justice and impartial equality which the
nrinciDlas of our Government rp0uire that