The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-08-20

or in any way change or affect the
powers 1t confers upon the Federal
Government, or release that Govern.
ment from the restrictions which it has
imposed.
i The Constitution of the United
States is to-day precisely as it was be.
fore the war, the Supreme law of the
land, anything in the Constitution OF
laws of any State to the contrary not
wtthstanding;" and to-day, also, pre-
ctsely as before the war, call the pow
ers not conferred by the Constitution
upon the General Government, nor
prohibited by 1t to the States, are re-
served to the several States, or to the
people thereof"
This position Is vindicated not only
by the essential nature of our Govern
ment, and the language and spirit OF
the Constitution, but by all the acts
and the language OF our Government.
in all its departments, and at all times
trom the outbreak of the rebellion to
Its final overthrow. In every message
and proclamation of the Executive 1t
was explicitly d eclaredl that the sole
| OBJECT and purpose of the war was to
maintain the authority the Constitu-
ton and to preserve the integrity of the
Union; and Congress more than once
reiterated this solemn declaration, and
added the assurance that whenever the
object Should be obtained the war
shonld cease, and all the States should
retain their equal rights and dignity
unimpaired. qfElt I'm,
1t is only since the war was closed
that other rights have been asserted on
behalf ofohe department OF the General
Goyernment. Ithas been proclaimed
by Congress that, in addition to the
powers conferred upon iG by the Con-
stitution, the Federal Government may
now claim over the States, the territory
and tho f,,
rection, the. rights of war-the right7of
conquest and of confiscation, the right
70 aDrogate all existing governments,
institutions and laws, iand to subject
The territory conquered and its inhabi-
tants to such laws, regulations and de.
prlyatlons as the legislat i've department
OF the Government may see 1T to i'm
pose. Under this broad and sweeping
claim, that clause of the Constitution
which provides that "no State shall.
without its consent, be deprived Of its
equal suffrage in the Senate of the UniL
ted States," has been annulled, and ten
states have been refused, and are still
refused, representation altogether in
both branches of the Federal Congress,
And the Congress in which only part
of the States and of the people of the
Union are represented has asserted the
right thus to exclude the rest from rep
resentation, and from all share in
OWu 1hWS OF choosing
their own rulers until they shall comply
with such conditions and perform such
acts as this Congress thus composed
may itself prescribe. That right has
not only been asserted, but it has been
exercised, and is practically enforced at
the present time. Nor does it find any
support in the theory that the States
thus excluded are in rebellion against
the Government, and are, therefore,
precluded from sharing its authority.
They are not thus in rebellion. They
are one and all in an attitude of loyalty
toward the Government, and of sworn
allegiance TO the Constitution of, the
United States. In no one of thef1ti is
there the slightest indicatio of resist
ance to this authority, or the slightest
protest against its iustla binding OBJ
ltgationt This condition of renewed
loyalty has been officiallyl recognized
by solemn. proclamation of the Execu-
tive Department. The laws OF the uni
ted States have been extended by Con.
gress over all these States and the peo-
pie thereof. Federal Courts have been
reopened, and Federal' taxes imposed
and levied, And in every respect, ex-
cept that they are denied representa-
ton in Congress and the Electoral Col-l
lege; the States once sin reballfon are
recognized as holding the same posi-
ton; as owing the same obligations,
and subject to the same duties ias the
other Statesof our common Union.
1t seems TO us, inkthe exercise of the
calmest and most candid Judgment we
can bring to the subject, that such q
claim, so enforced, involves as fatal an,
overthrow of the authority of the Com
stitution, and as complete destruction!
of the Government and Union, as that
which was sought to be affected by the
States andpeople in armed insurrection
against them both. It cannot escape
tho tho I,VIs, ,,r, :
serted to exclude certain States from
representation, is made to rest wholly
in the will land discretion of the Com
gresS that asserts 1t. 1t is not made to
depend upon any specified conditions
or .circu instances, nor to be subject, to
any rules or Iregula ions whatever, The
right asserted and exercised is absolute,
without qualification or restriction, not
conhned to StRtesi in rebellion, nor to
States that have rebelled; it is the right
of any Congress ina formal possession
of legislative authority, to exclude any.
stare or States, and any portion of the
people thereof, at any time, from repre-
sentatioufin Congress and in the EIec-
toral 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 wholly within
as the Congress itself shall change.
l. One Congress may, exclude State from
all share in the Government for one
reason; and, that reason removed, the
next Congress may exclude 1t for an
other. One State may be excluded on
one ground to-day, and another may be
excluded on the opposite ground to-
morrow. Northern ascendancy may
Exclude Southern States from one Con-
gress-the ascendancy of Western or of
Southern interests, Or of both com-
bined, may exclude the Northern or the
Eastern States from the next. Inn
probable as such usurpations may
seem, thegestablishment of the Sprincf-
pie now inserted and acted upon by
Congress will render them by no,means
imp0ssib The character, INDEED the
very existence of Congress and the
Union is thus made dependent solely
and entirely upon the party and sec
tiona1 exigencies of forbearance of the
hour. 10 Hssts t-1n RI
action nptonly finds no vacant in the
Constitution, but is at war with every
principle of our GOVERNMENT, and with
the very existence of free institutions!
\ 1t is, indeed tina ide ntica1 practice which
has rendered fruitless all attempts
| hitherto to establish and maintain free
| goveEnmentsin1M Mexico and tile States
OF South America. Party necessities
assert, themselves as superior to the fun
damental law, which is set aside in
reckless obedienceT to their behests.
Stability, whether In the exercise OF
power, in the administr tration of govern
comes imp BILE, and the c6tillicts of
party which, under constitu itutional gov
ernments, are the conditions and means
| OF political progress tare merged in, the