The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-08-18

the war did not either enlarge, abrluSc, VI
in any way change or affect the powers, IL
confers upon the Federal Government, or
release that Government from the restric-
tions which il has imposed. The Constltn-
ton of the United States is to-day pre-
cisclv as it was before the war, I" the Su-
pre7ne lar of the land, anything in the con-
sti,ution or laws of any State to the con-
trarv notwithstanding. And to-day, also,
precisely as before the war, "all the pow
ers no, conferred by the Constitution upon
the General Government, nor prohibited by
i, TO the States, is reserved to the several
States, or to the people thereof.
This position is vindicated not only by
the essential nature of our government,
and the language and spirit OF the Consti-
tuition, but by all the actsand the language
of our government in all its departments
and at all times. From the outbreak OF
the rebellion to its final overthrow, in
every message and proclamation OF the
Executive it wa explicitly declared that
the sole object and purpose OF the war was
10 maintain the authority of the Constitu-
ton and 10 preserve the integrity OF the
Union. And Congress more than once
reiterated this solemn declaration, and
added the assurance that whenever TINS
object should be attained the war should
cease, and all the States should retain
their equal rights and dignity unmpaircd.
II is ONLY since the war was closed that
other rights have been asserted on behalf
of one department Of the General Govern
mcnt. 1t has been proclaimed by Con-
cress that, in addition to the powers con-
fcrred upon it by the Constitution, the
Federal Government may now claim over
the States the territory and the people in
volvcd in the insurrection, the rights Of war,
the right Of conquest aud Of contiscatlon ;
the right to abrogate all existing govern
mcnts, institutions, and laws, and 10 sub
icct the territory conquered and its inhabi-
tants TO such laws, regulations, and depri-
vations as the legislative departments OF
the Government may see fit 10 impose.
Under this broad and sweeping claim,
that clause of the Constitution which pro-
vides that "no State shall, without its con-
sent, be deprived of its equal suffrage in
the Senate of the United States" has
been annullcd, and ten States have been
refused, and still are refused, representa-
ton 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 representation and all share in ma
king their own laws, or choosing their own
rulers, until they shall comply with such
conditions and perform such acts as this
Congress, thus composed, may itself pre-
scribe. That right has not only been as
serted, but it has been exercised and Is
practically enforced at the present time.
Nor does il find any support in the theory
that the States thus excluded are in rebel
lion against the Government, and there
fore prccludcd from sharing its authority.
They are not thus in rebellion. They are
one and all in an attitude OF loyalty to-
wards the Government, and Of sworn allie
glance 10 the Constitution Of the United
States. In no one OF them is there the
slightest indication Of resistance 10 this
authority, or the slightest protest
against its Just and binding obligation.
This condition Of renewed loyalty has
been officially recognized hy solemn
proclamation of the Executive Depart
ment: the laws of the United States have
been extended by Congress over all these
States and the people thereof; federal
courts have been rc0pencd, and federal
taxes imposed and levied; and, in every
respect, except that they are denied
representation in Congress and the cleo
toral college, the States once in rebellion
are now recognized as holding the same
position, aS owing the same obligations,
and subject TO the same duties, as the other
States OF our common Union.
1t seems TO Us, in the exercise Of the
camcst and most candid Judgment We can
bring TO the subject, that such 4 claim, 50
enforced, involves as fatal an overthrow o!
the authority OF the Constitution, and "a
complete destruction Of the Government
and Union, as that which was sought 10 be
effected by the States and people in armed
iusurrccti0n against them both. Ii cannot
escape observation that the power thus
asserted 10 exclude certain States from
representation is made 10 rest wholly on
the will and discretion OF the Congress
that asserts il. 1t is not made TO depend
upon any specified conditions or circum-
stances, nor TO bc subject to any rules or
regulations whatever. The right asserted
and exercised is absolute, without qua!!l-
cation or rcstriction-not confined 10 States
in rebellion, nor to States that have re-
belcd-it is the right Of any Congress, i'll
formal possession of the legislative authori-
", 10 exclude any State or States, and any
portion Of the people thereof, al any time,
from representation in Congress and in the
electoral college, al its own discretion, and
until they shall perform such acts and
comply with such conditions aS il may
dictate.
Obviously the reasons for such cXclu-
sion, being wholly within the discretion Of
Congress, may change as the Congress
itself shall change. One Congress may ex-
clude State from all share III the Govern
mcnt for one reason, and that reason
removed, the next Congress may exclude
il ior another. One State may he excluded
on one ground to-day, and another may be
excluded on the opposite ground tomorrow.
Northern ascendancy may exclude southern
States from one Congress. The ascendancy
of western or Of southern interests, or Of
both combined. may exclude the northern
or the eastern States from the next.
Improbable as such usurpations may
seem, the establishment of the principle
now 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 de-
pendent solely 4ad entirely upon the party
and sectional eXigcncies or forbearances
of the hour.
We need not stop to show that such &C
tion not only finds no warrant in the Con-
stitution, but is al war with every principle
of our Government, and with the very ex-
istence of free institutions. Ii is indeed
the identical practice which has rendered