The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-08-21

ynld the langhn &e and spirit Of the oonsti
ynti9n, but by al the acts and the sa6guagt
or our Government In all its departments
aud at an times From the outbreak o.
message and proclamation OF the Execu-
tive, it was explicitly declared that the sole
object and purposoof the war was to main
tain the authority Of the Constitution and
to preserve the integrity of tho Union;
tbs solShsa SssIssatsou, I and added the AS. as.
sufanco that, whenever this object should
be attained, the war should cease; and all
the StsSes should retain their equal rights
aud dignity unimpaired. 1t Is only since
the wax was closed that other rights have
been asserted on behalf of one department
OF the General Government. 1t has been
proclaimed by Congress that, in addition
4 TIE powers conferred upon it by the
Constitution, the Federal Government may
now claim over Che States, the territory
and tho people involved in tho insurrec-
ton, the rights OF war, the right OF con-
quest and OF confiscation; the right to ab-
rogate AN existing Governments, institu-
tions and laws, and to subject the territory
conquered, and its Inhabitants, to such
laws regulations and deprivations as the
Legislative departments OF the Govern
ment may see MT to impose. -
Under this broad and sweeping claim,
tnnt clause of tho CUnstitution which pro-
vldes that mo Stats shall, without it's con-
the Senate OF the United States" has been
annullcd, and ton States have been re-
fused, and still are refused, representation
eltogether IN both branches Of the Federal
Congress; and the Congress in which only
part Of the States aud of tho people OF
tue Union are represented has asserted the
r1Sht TINS to exclude the rest from repre-
sentatlon and all share in making their
own laws, or choosing their own rulers,
until they shall comply with such condi-
uons and perform such acts as this Con-
Srcss, thus composed, may itself prescribe.
mat night has not only been asserted, but
ls nas been exercised and is practically
enforced at the present time. Nor does it
ma any support in the theory that the
states thus excluded are in rebellion
pp,recluded from sharing its authority.
1hey are NOT thus in rebellion They arc
one ana all In an attitude of loyalty to-
WARDS the Government, and Of sworn alle-
eiance to the Constitution of the United
States. In no one Of them is there the
slightest indication Of resistance to this
authority, or the slightest protest against
It's just and binding oblig cation. This con-
ultlon oil renewed 10; atty has been official
~ recognized by solemn proclamation OF
ne executive department; the laws Of the
United States have been extended by Con-
gress over all these States and the peonle
Iuereoi, Federal courts have been re-
opened and Federal taxes imposed and
eeSlco; ana, IN every respect, eSccpt that
Iney arc denied representation in Congress
IN rebellion are now rccognizetl as holding
suc same position, az owing the same obi.
3ations, and subject to the same duties. as
INC other States of our common Union.
- seems n us, i'll the exercise of the
mesS ana most candid judgment we can
bring to the subject, that such a claim 40
enforced. ln"olvcs as fatal an ovcrthrlw of
he a thority OF the Constitution. and IA
complete a destruction of the Government
ma onl9n, as that which was sought TO be
.iiaS'@" nH me States and people ii, armed
nsurrection against them both 1t cannot
sS"aIe observation that the power thus
lsserted to exclude Ger, ain States from
IL made to rest wholly on
he VIII and discretion of tho ConSress
nat asserts 1T: 1t is not made to L., pond
'p"n t" any specine't conditions or circum-
tanrrs, nor TO be subject to any rules or
ss".a'ions .,!, whatevcr; The right asserted
md exercised is absolute, without oualifi-
atl"li o.! !restrlction--:lotc confined to States
repetition. nor TO States that have re-
'sile.! II IS th:' right of any Congress, in
", t" "z'iude any state or States. and
my portion OF he people thereof, ct anv
iln,' lrnn representation in Congress and
n the clcctora! college. at its own discre
lon, and until they shall perform such acts
nd comply with such conditions as II NAV
lictstc. -
Oovi"ilSiy the reasons for such cxclu-
ION, being wholly within the. discretion OF
'onSieSs. may change as the CONGRESS- if
elt shall change. One Congress NAV ex
ltlde State from all share in the Govern
nens f"I one reason, and that reason rc-
noVct, the next Congress may exclude it
u another O3c State may be excluded
II ono 2r"'ina to-day. aad another NAV be
Scin"cd ga tilr opposite ground to-lnor.
"w: '': northern ascendency may exclude
oati:"ii Htates from ono Congress- The
stc:i't'iitN of Western or of southern in
crr.ts. %: of both combined, may exclude
he Nn:tl:crn or tho Eastern States from
10 next
Improbable as such usurpations NAV
ccnl, the establishment of the principle
,;M G% assIr:"d and acted upon by Congress
ne character, indeed the very existence.
I Congress and the Union is thus made
ependrnt solely and entirely upon the
arey and sectional cXigencics or forbear-
nces OF the hour.
we need not stop to show that sucb
ctlon not only finds no warrant in the
.onS'Na!sion, Di;t Is at war with every prin-
'Pe o! oar Government, and with the
cry existence OF free institutions 1t is.
indeed, the Identical practice which has
endcred fruitiess all attempts hitherto to
STA ohsll and maintain free government in
iex1co and the States Of South America.
I&rty necessities assert themselves "A
uperlor 70 the fundamental law, which is
ct aside in reckless obedience to their be-
ests Stability, whether III the exercise
u power, IN the administration of Govern
neh.' or III tho enjoyment of rights, be-
ONES lmooss!ble-and the conflicts of
'arty, which. under constitutional Govern.
hsnts, are the conditions and means of
oiltlC.ii progress, arc merged in ti,. com