Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1866-08-31
Letters on tho Political "5ituntion."
No. g..

name OF the General is not stated.
Letters ON the Political "situntion."
No. 9.
EDITOR News IL see in your issue OF
the 9th inst, a statement to the effect
" that l agree with you in repudiating the
"usurping" talk Of tho Philadelphia Con-
y%entionists." I suppose you have refer
ence to the view you take Of the Phila-
delphia Address, which appeared in your
paper Of the 23d inst. You seem to think
that the Address attacks the legality Of
all acts passed or done by Congress and
to attack Congress itself, as an illegally
constituted body as it now exists. l do
not so think, but on the other hand, /
think the Address clearly admits Congress
to be a legal body, by asserting that it
has usurped power in doing certain acts
that it has usurped power in excluding
certain States from representation in Con-
gress, when those States were IN an atti-
tude of loyalty or allegiance to and in
harmony with the Constitution of the
United States, and had presented them
selves in the persons of Representatives
whose loyalty could not be questioned
under any existing legal or Constitutional
test, thereby making the right Of represent
tation in Congress to depend or rest on
the will Of Congress, rather than on the
Constitution which is our Government,
and which all officers are sworn to sup.
port. This is the power asserted or exer-
cised by Congress, which l understand
the Address to attack as an u~surpation.
and not the legality or validity Of Con-
gress itself as now constituted or organ
lied. Every act done by any legislative
body, under our system or form Of gov
er lment, which is in conflict with or in
violation of it's written Government or
Constitution, is as I understand it an usur-
patton of power. "Usurp" means, as I
understand II, an exercise or assumption
Of power without right. Now the que3-
ton resolves itself into this: Has Con-
gress the Constitutional right to arbitrarily
exclude the representatives Of any State
in this Union from full and equal political
rights and power with its other members ,
Can it impose conditions, which are un-
known 10 the Constitution, on certain
States and not on others, prior or prece-
dent to their admission to the enjoyment
and exercise Of undisputed and unques-
tionable Constitutional rightsf"
I think not. Congress in so doing
would, in my judgment, be "usurping" a
power which It does not, Of constitutional
| right, possess; or in other words, would
be doing an unconstitutional act-which
Congress has frequently done prior to the
last session. The exercise Of power in
denying the right of representation in the
National Legislature (the very fundamen-
tal right upon which our, and all republic
car governments are based), when q State
presents it.,lf in en- attitude Of loyalty OF
allegiance to and in harmony with the
Constitution, and in the persons of Rep.
resentatives unquestionably loyal, ia, in
my judgment, an u%surpation or an as
sumption and exercise of power-and
this is, as for as the address goes, as I
understand it. II 1t goes further and
calls in question and intends to assert and
~inculcate that all the acts done by Con-
gress, as now constituted, are illegal, un-
constitutional, and are to be so resared BY
the people, I should say that I did not
approve Of that portion Of the address.
This would be to assert that we have no
National Legislature, and that this result
has grown out of the rebellion, or the as
sumption Of power by those whom we
have always recognized and regarded as
being and constituting our National Leg
i~slature, which I should, and do, regard
as being an absurdity and but little, II
any, better than secession. I have always
denied that secession, or rebellion, could
destroy the Government or any branch
thereof; and 80, also, do I deny that
Congress can destroy the Government or
any branch Of it. I can see how an at.
torney might make, though without much
hope Of success, in my judgment, an ar
gument before the Supreme Court of the
United States as to the illegallity or un-
constitutionality of all of the Acts Of
Congress, by reason of the denial Of rep
resentation to some Of the States in the
National Legislature, but I should not ap-
prove Of putting q plank Of that kind in
q political platform, because it would be
admitting that rebellion, or secession, or
that Congress as now constituted, could
destroy one branch of the Government
which I deny, and which has been denied
time and again by some Of the ablest and
most prominent men in the Philadelphia
Convention; and doubtless by the very
men who drafted the address. That por-
ton Of the address which you seem to re-
gard as q threat, I do not believe vas 30
intended, nor do / think the language
conveys such q meaning. I understand
It simply to warn the American people Of
the probable consequences Of pursuing a
course which the authors Of the address
regarded as being wrong-"an usurpa-
I know that some of the men who
were in the Philadelphia Convention, and
who, I believe, or have reason to believe,
participated in the address, or at least ap-
Of it, are imbued with most in.
tense, earnest and devoted feelings Of obe-
dience to the constituted authority or law.
Their speeches are filled with inculcations
or teachings of obedience to law as being
the highest and most imperative duty Of
the American Citizen.
Very respectfully, CIvIs.
TABooss.-At the store Of L. F. Reed, |
on Front street, we were shown yesterday
q small sack Of taboose, an article never