Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1866-08-18

/
p ment of the United States in maintain
n ence Of its own authority and defense
IS its own existence, both of which were in
/ perilled by the insurrection which
. sought TO suppress.
II The suppression Of that accomplish
! that result The Government of the Un
ted States, by force of arms has asserte
= its supreme authority over all the partie
l and States, and people under its iurisdit
/ ton, and has asserted all the powers whic
\ the Constitution cOnfers upon it.
h But it has acquired thereby no ne1
:. powers no new Jurisdiction, no right
4 either Of territorial possession or of civi
! authority, which it did not possess befor
u the war broke out. All the rightful pow
- er 1t could have possessed is that which i
conferred upon it through the expires
; terms and necessary implications of tn
| Constitution Of the United States.
/ That they have truly sought overthrow
and the victory Of the Federal arms wa
simply defeat of that attempt. TIL,
Government of the United States acted
throughout the war on the defensive.
1t sought TO hold possession of what wa.
already its own. In the war or bv the
victory 1t has not changed in any way the
Constitution ofthe old States; the war wa:
carried on by and under the provision Of
the limitations which it prescribes, and
the results of the war attained have not in
/ any way changed the effects or the pow
ers conferred upon the Federal Govern
ment, or relieved that Government from
the restrictions which it has imposed.
The Constitution of the United States
Is to-day precisely as it was before the
war-the supreme law of the land, any
thing IN the Constitution or the laws of
any other StateOr Territory Iotwithstand-
ing, and to-day, precisely as before the
war, all the powers not conferred by the
| Constitution upon the General Govern
ment, are reserved, to the several States and
to the people thereof. Cheers y This
| position IS vindicated not only by the es-
| sential nature Of our Government, but by
the nature and spirit of the Constitution
and by all the acts of the National Gov
| ernment in all its departments, and at all
times from the outbreak of the Rebellion
to its final overthrow.
In every event it was explicitly de-
clared that the sole object of the war was
to maintain the authority of the Constitu-
tion, and to preserve the integrity of the
Union. And Congress more than once
has reiterated the solemn declaration, ad
ding the assurance that liberty and hope
have been attained by the war
1t was only since the war has closed
that their rights have been asserted in be-
half of enc department of the general
Government. It has been proclaimed by
Congress, that in addition. to the powers
already conferred upon it by the Consti-
tuition, the Federal Government may now
claim from the States and Territories, and
the people involved by the war the rights
of war
The right Of conquest and of confsca-
ton, the right to protect the existing Gov
ernment, institutions and laws, and sub
ject the territory conquered, and each in
habitant thereof 10 such laws, regulations
and deprivations as the Government itself
may see ft to impose Under this broad and
sweeping claim, that clause of the Consti-
tuition which provides that no State what
sOever, without its consent, may be de-
prived Of its equal sulfrages by the Senate
Of the United States, has been annulled,
and ten States have been refused and are
still refused representation altogether in
both branches of the Federal Congress.
And Il Congress in which only part of
the Union are represented, have asserted
the right thus to exclude the rest from
representation and from all share in max
ing their own laws or choosing their own
rulers, until they shall comply with such
conditions and perform such acts as Con-
eress, thus composed, may itself prescribe. |
That right has not on.y been asserted, but |
1t has been exercised, and is practically |
enforced at the present time.
Nor does it then interfere with the |
States in rebellion against the Govern |
ment and they are not precluded, there |
fore, from assuming its authority over |
those in rebellion. This is due 10 their |
loyalty towards the Government and to
their sworn allegiance to the Constitution |
Of the United States.
In no one of them is the slightest indi-
cation of resistance to its authority, or the
slightest preiud lee against its Just and
binding obligations. This condition of
renewed loyalty has been officially reeog-
nized by solemn proclamation of the Ex-
ecutive.
The laws Of the United States have
been extended by Congress over all these
States, and the people thereof have con-
.rol. Courts have been re opened and
Federal taxes levied. In every respect,
except the denial of representation in
Congress and in the Electoral College, the
States once in rebellion are recognized as
holding the same position.
= 1t seems to us that in the exercise of
he Government, the most candid judg-
nent we can bring to the subject, if such
claim were enforced, it would involve
oLal overthrow Of the authority of the
Constitution, and as complete destruc-
ion of the Government aud Union as
hat which was sought by the States and
,eople in insurrecLion against it. 1t can
lot escape observation that the power
hus asserted to exclude certain States
rom representation Is made to rest wholly
n the viii Of the Congress that asserts It.
t Is not made to depend upon any speci-
led condition or circumstance nor to be [
ubiect to any rules or regulations what
ver.
The right to claim and exercise repre-
entatiOn is absolute, without qualification
r restriction. and is not confined TO States
n rebellion, or TO States that have rebell-
d. 1t is the right of no Congress, iufor-
nal meeting, or legislative authority, to
xelude any State or States, or any portion {
/ the people thereof, at any time, from {
representation in Congress or in the Elec- |
oral College, at its own discretion; and {
ntil they shall perform such acts, and
mply that such conditions as they may {
ave. obviously, a reason for such exelu- 7
ion. '
One Congress mayexclude a State from 8
II share in its action for one reason, and 1
hat reason being removed, the next Con- {
-ress may reconstruct it. One State may i
xcluda on open ground to-day, and an
.ther NAV be excluded on an opposite j
-reund tomorrow Northern ascendancy 8
nav exclude Southern States. 7
Another Congress with q Southern and !
I Western ascendancy, may combine to ex-
.lude the Northern and Eastern members. 7
improper as such an assertion may seem, 7
he principles now asserted and acted up ]
N by Congress viii render it by another /
means impossible. The very existence of !
congress and of the Union is thus made :
o depend solely and entirely upon the &
)arty and sectional exigencies.
1t is proper, therefore, in this place TO t
top and show that such a system not only {
inds no words in the Constitution, and is {
,ut of order with every principle Of the
government, and with the very existence {
md power of our institutions. s
Il is, indeed, the identical practice which {
las rendered fruitless the attempts to keep {
table governments in Mexico and South /
America. The people Of the United States {
ire themselves superior to the fundamen-
al law. which is set aside IN obedience to
heir organization, by anything, when (
,ver in the exercise of power or in the en-
g. / =