The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1866-08-30
NO. "a.

ment, and of sworn allegiance to the Con-
stitution of the United States. In no one
OF them is there the slightest indication
oil resistance to this authority, or the slight
est protest against its just and binding
obligation. This condition Of renewed 10y
atty has been officially recognized by SOL
emn proclamation of the executive de-
partment. The laws of the United States
have been extended By Congress over all
these States and the people thereof
Federal courts have been reopeued, and
Federal taxes imposed aud levied, and
in every respect, except, that they are
denied representation in Congress and the
electoral college, the States once in re-
bellion are recognized as holding the same
position, as owing the same obligation,
aud subject to the same duties as the 9TH
er States of our common Union.
1t seems to US, in the exercise Of the
calmest and most candid judgment We
can bring to the subject, thatsu claim,
so enforced, involves as fatal an overthrow
ofthe authority of the Constitution, and as
complete destruction of the government
aud Union, as that which was sought to
be effected by the States and people in
armed insurrection against them BOTH
1t cannot escape observation that the pow
er thus asserted to exclude certain States
| from representation is made to rest Who'll
| ly in the will and discretion of the Con-
greSs that asserts to. 1t is not made to de-
pend upon any specified conditions or cir
cumstances, nor to be subject to any rules
or regulations whatever. The right as
:, ~
out qualification or restriction, not con-
fined to States in rebellion, nor to States
that have rebelled; it is the right in any
Congress, In formal possession of legisla-
tive authority, to exclude any State or
States, and any portion ofthe people there
of, at any time, from representation In
Congress and in the electoral college, at
! its own discretion, and until they shall
perform such acts and comply with such
conditions as it may dictate. Obviously,
the reasons for such exclusion, being Who'll
ly within the discretion Of Congress, may
change as the Congress itself shall change.
One Congress may exclude State from
all share In the government for one rea-
son, and, that reason removed, the next
Congress may exclude it for another
One State may be excluded on one ground
to-day, and another may be excluded on
the opposite ground tomorrow. North
ern ascendancy may exclude southern
States from one Congress the ascendancy
of western or Of southern interests, or of
both combined, may exclude the north
ern OF the eastern State from the next
Improbable as such usurpations may seem,
. ba Stahl liub Of ha ink
asserted and acted upon by Congress will
render them by no means impossible.
The character, indeed the very existence
of Congress and the Union is thus made
dependent solely and entirely upon the
party and sectional exgencies or forbear-
ance of the hour.
We need not stop to show that such
an action not only finds no warrant in the
Constitution, but is at war with every
principle of our government and with the
very existence of free institution. 1t is,
indeed, the Identical practice which has
rendered fruitless all attempts hitherto to
establish and maintain free governments
in Mexico and the State of Southern
America. Psrty necessities assert them
selves as superior to the fundamental
law, which is set aside in reckless Obe-
dience to their behcsts. Stability, wheth-~
er in the exercise of power, in the admin
istration Of government, or In the enjoy
ment of rights, becomes impossible aud
the conflicts of party, which, under con-
stitutional governments, are the conditions
aud means of political progress, are merg-
ed in the conflicts of arms to which they
directly and inevitably tend.
1t was against this peril, so conspicuous
and so fatal 20 all free governments, that
our Constitution was intended especially
to provide. Not only the stability but
the very existence Of the government is
made by its provisions to depend upon the
right and the fact of representation. The
Congress, upon which is conferred all the
Legislative power Of the national govern
ment, consists of two branches, the Sen
ate and House of Representatives, whose
joint concurrence or assent is essential to
the validity OF any law. OF these the
House of Representatives, says the Con-
stitution (artico l, section p, "shall be
composed of members chosen every second
year by the people of the several States"
Not only is the right of representation
thus recognized as possessed by all the
States and by every State without restrio-
ton, qualification, or condition of any
kind, but the duty of choosing represen-
tatives is imposed upon the people of
each and every State alike, without dis
tiuction, or the authority to make distine-
tions among them, for any reason or upon
any grounds whatever. And in the SEN
ate, so careful is the Constitution to Sc
cure every State this right of representa-
ton, it is expressly provided that "no
State shall, without Its consent, be de-
prived of its equal suffrage" in that body,
even by an amendment OF the Constitu-
tion itself. When, therefore, any State