The Placer herald., 1866-09-01


ity claimed by the Congrese now in posses
sion Of power, tha: i, flows directly from the
laws Of war-that it is among the rights
which victorious war always confers upon
the conquerors aud which the conqueror may
exercise or waive in his own discretion. To
this W reply that the laws in question related
solely, SO far as the light they confer are con-
cerned, to wars waged between alien and
independent nations, and can have no place
or force in this regard in war waged by a
government to suppress an iDsurrection Of its
own people on it's own soil against its author.
ity. If we had carried on successful war
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 might choose.
But we had, before the war, complete juris-
diction of the Southern States, limited only
by our Constitution. Our laws were the
only national laws in force. The Govern.
menl of the United States was The only Gov
erument through which those States and
their people had relations with foreign ma
tious, and its flag was the only flag by which
they were recognized or koown anywhere on
the face Of the earth. In these respects and
in other respects involving national interests
and rights, our possession was perfect and
complete. It did not need to be acquired,
but only to be maintained, and victorious
war against rebellion could do nothing more
than maintain it. 1t could only vindicate
the disputed supremacy of the Constitution.
1t could neither enlarge nor diminish that
which that Constitution confers
upon the Government by which it was
achieved. Such an enlargement or abridge
ment of the constitutional power can be eff
fectsd only by an amendment of the Consti
tuition itself, and such amendments can he
made only in the modes which the Constitu.
tion prescribes. The claim that the suppresl
sion Of insurrec,ion against the Government
gives additional authority and power to that
Goverunent, especially that it sularges the
jurisdiction of Congress and gives that body
the right to exclude States from representa-
tion in the National councils, without which
the Nation itself can have no authority and
no existence, seems to US at variance alike
with the principles Of the Constitution and
with the public safety.
1t is alleged that in certaiy particulars the
Constitution Of the United States fails to Sc
cure that absolute justice and impartial equal
i'y which the principles Of Government re-
quire; that it was in this respect the result of
and concessions TO which, how
ever necessary when the Constitution was
formed, we are no longer compelled to subs
NIT, and that now, having the power through
successful war, and just warrant for its exer-
else in the hostile conduct Of the insurgent
section, the actual Government Of the Uni
ted States may impose its own conditions,
provisions to its own ideas Of equality and
the rights of man.
Congress at its last session proposed
amendments to the Constitution, enlarging
in some very important particulars the au'
thoriy Of the General Government over
that of the several States, and reducing, by
indirect dislranchsement the representative
power Of the States in which slavery former
ly existed. II is claimed that these amend
menls may be made valid, as parts of the
original Constitution, without concurrence
of the States to be most seriously affected
by them, or may be imposed upon those
States by three,fourths of the remaining
States, as conditions Of their readmission to
in Congress and in the Elec-
toraI College. 1t is the unquesiionabe right
Of the people of the United States to make
such changes in the Constitution as they,
upon due deliberation, may deem expedient;
but we insist that they shall be made in the
mode which the Constitution itself points out;
in conformity with the letter and spirit of
that instrument, and with the principles of
and Of equal rights, which
lie at the basis Of our Republican Govern
ment.
We deny the right Of Congress 10 make
these changes in the fundamental law without
the concurrence Of three tourths Of all the
States, included, especially, those to be most
affected by them, or to impose them
upon the States or the people as conditions OF
repr esen tatiop, or admission 10 any OF the
rights, duties or obligations which belong un'
der the Constitution to all the States alike;
and with still greater emphasis do we deny
the right Of any portion of the States exc'ud-
ing the rest Of the States from any share IN
their council 10 propose or sanction changes
in the Constitution which may effect perma'
nenlly their political relations, and con'ro' or
coerce the legitimate action OF The several
members OF the common Union. Such exer'
else of power is simply usurpa,ion. just as un'
warrantable when exercised by the Northern
States as itwould be if exercised by the
Southern, and not to be justified or pal'ia'ed.
by anything in the past history either OF
those by whom it is attempted or OF those
upon whose rights and liberties it is to take
effect. 1t finds no warrant in the Const'tu
ton; it is at war with the fundamental pr'n
cples of our form Of government, and II ton
Grated in one instance it becomes the prece,
dant for future invasions of our liberty and
constitutional cons rights. which will depend sole,
Iy upon the will of the party in possession o.
power, and thus leads, by direct, necessary
sequence to the most fatal and 'ntolerab'e OF
all grievances, The tyranny OF shifting ana
th;s The most formidable of all dangers
.h;nh manace the stabilitv of our free gov