The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1866-08-24

time suspended by the failure to claim
them, and duties may be evaded by the re-
fusal to perform them. The withdrawal of
their members from congress by the states
which resisted the general government was
among their acts of lnsurrection,-was one
OF the means and agencies by which they
sought to impair the authority and defeat the
action of the government and that act was
annulled and rendered void when the lnsur-
rection itself was suppressed. Neither the
right of representation nor the duty to be
represented was in the least impaired by the
fact of insurreotion; but it may have been
that, by reason of the instruction, the condi-
tions on which the enjoyment of that right
and the performance of that duty for the
time depended could not be fulfilled. This
was, in fact, the case. An insurgent power.
in the exercise of usurped aud unlawful au-
thority, had prohibited within the territory
under its control, that allegiance to the CON
stitution and laws of the United States which
is made by that fundamental law the essen
tial condition of representation IN its govern
mentg No man within the insurgent states
was allowed to take the oath to support the
constitution of the United States, and, as a
necessary consequence, no man could lawful
iy represent those states in the councils of
the Union But this was only an obstacle to
| the enjoyment of the right and the discharge
| of duty-it did not annul the one nor abro
| gate the other; and it ceased to exist when
| the usurpasion by which it was created had
been overthrow, and the states had again
resumed their allegiance to the constitution
and laws Of the United States.
| 2.But asserted il is in support OF the author
| ity claimed by the congress now In possession
/ of power, that il flows directly from the laws
of war; that it is among the rights which
| victorious war always confers upon tho con-
querers, and which the conqueror may exer-
else Of 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.
oerned. to wars waged between alien and in
dependent nations, and can have no place or
force, in this regard in a war waged by gov
! eminent to suppress an instruction OF Its
own people. upon Its own soil, against its au-
thority. Ii we had carried on successful war
| against any foreign nation, we mi ght thereby
have acquired possession and jurisdiction 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 choose.
| But we had before the war complete jurlsdlo.
| ton over the soil of the southern states, linn
tied only by our own constitution. Or 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 it's flag was the onl y flag by
| which they were recognized or known any
where on the face OF the earth. Ia all these
respects, and in all other respects involving
national interests and rights, our possession
was perfect and complete. IL did not need TO
be acquired, but only TO be maintained and
victorious war against the rebellion could do
| nothing more than msintain it. 1t could on
| ly vindicate and re establish the disputed su-
! premacy of the constitution. 1t could nei
Their enlarge or diminish the authority which
| that constitution conf5ra upon the govern
ment by which il was achieved Such an en-
/ largement or abridgemedt of constitutional
power can be effected only by amendment of
the constitution itself, and such amendment
can be made only in the modes which the
| constitution itself prescribes. The claim tina
| the suppression OF an instruction against
the government give additional authority and
| power TO that government, especially that it
enlarges the jurisdiction of congress, and
| 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, seems 10 us at
variance alike With the principles Of the con
| s;itution and with the public safety.
3. But it is alleged that in certain particu-
lars the constitution of the United States fails
to secure the absolute justice and impartial
/ euuGiily WHICH lie pFIICitIcs vi OUE govern
| ment require that it was in this respective
| result # compromise and concessions, to
which, however necessary when the constitu
ti0n was formed, we are no longer compelled
! t. submit, and that now, having the power,
| through successful war, and just warrant for
| its exercise IN the hostile condnct of the in
surgeut section, the actual government Of the
| United States may impose it's own conditions,
and make the constitution conform in oil it's
provisions to its own ideas of equality and
| tho rights of man. Congress, at its last SEES
| sion, proposed amendments to the constitu-
| ton, enlarging in some very important par
tcuiars the authority of the general govern
mens over that of the states, and reducing,
by indirect disfranchisement, the representa-
tive power of the states In which slavery
| formerly existed and 1t is claimed that
these amendments may be made valid as parts
of the origInal constitution without the con-
currence of the states to be most seriously af-
feeted by them, may be imposed upon
those states by three-fourtbs of the remain
| ing states, as conditions of their readmission
to representation in congress and In the eec-
tora college.
1t is the unquestionable right OF the PEG.
Pile of the United States TO make such changes
in the constitution Us they, upon due delib-
Grafton, may deem expedient. But we in
sist that they shall be made In the mode
which the constitution itself points out, in
conformity with the letter and the spirit OF
that instrument, aud with the principles of
self government and of equal rights which
lie az 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 serious.
lY affected By Thorn or to impose them upon
states or people as conditions of representa-
ton or of admission to any of the rights, du-
ties or obligations which belong under the
constitution to oil the states alike. And
with still greater emphasis do we deny the
right OF any portion OF the states excluding
the rest of rha states from any share IN their
counciis, to propose sanction changes in
the constitution which TO affect psrnant-
ly their political relations, and control or
l.ooerce she legitimate action of the several
mem bers of the common union. Such an
exercise of power is simply an usurpation
lust as unwarrRntable when exercised by
northern states as it would be il exercised
by southern. and not to be fortified or pailiat.
ed by anything in the past history, either of
those by whom it is attempted or of those up.
on whose rights and liberties it is TO take of.
feat r. f1nds no warrant in the Coustitusio