The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1866-08-25

(which they prescribe. The result of the
war did not enlarge, abridge, or change,
or affect the powers, or release the Gov
ernment from the restrictions which were
imposed by the Constitution. 1t is to-
day as it was before the war, the supreme
law of the land, the constitution or laws
ofany State to the contrary notwithstand-
ing, and all powers not conferred by the
Constitution upon the General Govern
mcnt nor prohibited by it to tho States,
are reserved to the several States. This
position is vindicated not only by the
substantial nature Of our Government
and the language and spirit of the Con
stitution, but by all its acts in its several
departments and at all times, from the
outbreak Of the rebellion to its close. In
every message and proclamation OF the
Executive, it was expressly declared that
the object of the war was to MAINTAIN
the authority Of tho Constitution and
preserve the Union and Congress more
than once reiterated this solemn dcclara-
ton, and added the assurance that when
ever that object was attained the war
should cease, and all the States should re.
tain their equal rights and dignity unlm-
paired 1t is only since the war closed
and our rights have been asserted on be-
halt of one of the departments oil the
| General Government that it has been pro-
claimed by Congress that in addition to
the powers conferred upon it by the Con
sttution, the Federal Government may
now claim over States, the territory, and
people involved in insurrection, the rights
of war, the right Of conquest aud contis-
cation, the right to abrogatc all existing
governments in States and Territories, to
subject the Territories conquered to such
laws, regulations and privatious rs the
legislative department Of Governments
may see fit to impose. Under this sweep.
ing claim, that clause of the Constitution
providing that no State shall, without its
consent, be deprived of its equal suffrage
in the Senate Of the United States, has
been annulled and ten States have been
refused representation in Congress. and
the Congress in which only part of the
States and people are represented, has
asserted the right thus to exclude the
rest from representation and from all
share in making their own laws or choos-
ing their own rulers, until they comply
with such conditions and perform such
acts as the Congress thus composed may
prescribe. That right has not only been
asserted but exercised aud practically en-
forced. Nor does it find any support in
the theory that the States thus excluded
are in rebellion and therefore prccluded
from sharing the authority Of the Gov
ernment; they are not thus in rebellion
They are in an attitude of loyalty TO the
Government aud have sworn allegiance To
the Constitution. In no one Of them Is
there the slightest indication Of resistance
to the authority Of the Government, or a
protest against its just and binding obli-
cations. This condition Of loyalty has
been especially recognized by the procla-
nation of the President The laws oi
the uitcd States have been extended by
g.. Congress over these States. The federal
courts have been rc-opcncd. Federal
taxes have been levied, and in every re
spect Except that they are denied repre-
sentation) the States are recognized a
/ holding the same duties as other States
1t seems to US, in the exercise Of more
calm and most candid judgment we can
bring to the subject that consideration
which its claim so forcibly involves, with
out which would prove as fatal to the nu,
thority of the Constitution and as com
plete 4 destruction of government and
union as that sought to be effected BY the
: State in armed insurrection. But it can
not be said that the power thus asserted tc
exclude certain States from representa-
ton is made 10 rest wholly on the vii
and discretion of Congress that asserts it
!: 1t is not made TO depend upon any speci
fed condition, nor subject to any rules OF
!. regulations Of service. The right assert
ed and exercised il absolute, withoutqual
!. ifcation and is not confined 10 States in
: rebellion, nor to States that have rebcllcd
It is the right cf any Congress, in forma
possession Of its legislative authority, Il
/ exclude any State or States and any por
!, ton Of the people thereof, at any time
from representation in Congress and the
electoral college, at its own discretion, anc
until they shall perform such acts anC
comply with such conditions as it mal
dictate, the reasons for such exclusion be
ing wholly without discretion, Congress
: may change them as Congress itself shall
change. One Congress may exclude
: State from all share in the Government
for one reason, and that removed, tn
| the next Congress may exclude it for an
other. A State may be excluded on on'
: ground to-day, and on another Tomorrow
r Northern asccndancy may exclude South
ern States IRON one Congress, and tn
: Western. or both combined, may exclud
the Northern or Eastern from the mex
: Congress. Improbable as such a state
ment may appear, the establishment 0
the principles now asserted and actet
| upon will render them by no means i'm
: possible. The character, and indeed tn
: very existence of Congress, is thus mad
; dependent solely and entirely on the part
and sectional exigencies of the hour. w
4 need not stop to show that such action no
B.. only finds no antecedent in the Constitu
: ton, but is utterly at war with ever
Y principle of our Government, and wit
s the very existence of free institutions. |
t is the identical practice which has ren
! dered fruitless all attempts hitherto mad
Y to establish and maintain free govern
y ments in Mexico and the States of Sout
y America. Party necessities that asser
s themselves as superior to the fundamenta
: law, which is set aside, is reckless disobC