The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1866-08-29

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clude the other ten from all share in their
own government until it sees fit to admit
them thereto. What is there to distin.
guish The power thus asserted and exer.
cised from the most absolute and intoler-
able tyranny ...
Priuilsge Of citizenship Restored.
!. 4. Nor do these extravagant and un-
just claims on the part Of Congress to
powers and authority never conferred up.
on the Government by the Constitution
find any warrant in the arguments or ex.
cuses urged on their behalf. 1t is alleged.
First, That these States, by the act Of
rebellion and by voluntarily Withdrawing
their members from Congress forfeited
their right of representato on, and that
they can only receive it again at the
hands Of the supreme legislative authori-
ty Of the Government, on its own terms
and at its own discretion. If representa-
tion in Congress aud participation in the
Government wero simply privileges con-
ferred and held by favor, this statement
might have the merit of plausibility.-
But representation is under the Constitu-
ton not only expressly recognized as a
right, but it is imposed as duty; and it
is essential in both aspects to the exist
ence of the Government and the mainten-
ance of its authority. In free govern. :.
ments fundamental and essential rights
can not be forfeited, except against indi
viduals by the due process Of law; nor
can constitutional dutiesi and obligations
be discarded or laid aside. The enjoy
ment Of rights may bo for time sus.
pended by the failure to claim them, and
the duties may be evaded by the refusal
to perform them. The withdrawal oil
their members from Congress by the
States which resisted the General Govern
ment was among their acts Of insurrec
tion--was one of the means and agencies
by which they sought to impair the au
thority and defeat the action Of the Gov
ernment; and that act was annulled and
rendered void when the iusurrection it.
self was suppressed. Neither the right
of representation nor the duty to be rep
resented was in the least impaired by the
fact ofinsurrection but it may have been
that by reason of the insurrection the
conditions on which the enjoyment Of
that right, and the performance Of tha,
duty for the time depended could not bt
fulflleds This was in fact the case. Al
insusgont power, in the exercise oI
usurped and unlawful authority, had pro
hibited within the territory under its con
trol, that allegiance to the Constitu ior
and laws of the United States which il
made by that fundamental law tho essen
tial condition of representation in it'
Government. No man within the insur
gen. States was allowed to take the oath
to support the Constitution of the Uni
ted States, and, as a necessary conse
quence, no man could lawfully represen
those States in the councils Of the Union
But this was only an obstacle to the en-
Joy ment of the right and to the discharg'
of duty-it did not aDnul the one nor ab
rogate the other; ard it ceased to oxis
when the usurpation by which it was ere
ated had been overthrow, snd the State
had again resumed. their allegiance to th
Constitution and lawsof the United States
TIE Rebellion an Lusprectior.
iSscond-But it is asserted in supper
of the authority claimed by Congress moi
in possession of power, that it flows d
rectly from the laws Of war; hat il
among the rights which victorious war a
ways coniers upon the conquerors, an
which the conqueror may exercise o
waive in his own discretion. 10 this re
ply that the laws in question relate solely
50 far as the rights they confer arc cor
cefned, to wars waged between alien an
independent nations, and can have n
place or force, in this regard, in wa
wagcd by Government toksuPpress a
insurreotion Of its own people, upon i,
own soil, against its authority. If W
had carried on successful war against an
foreign nation, we might thereby hav
acquired possession aud jurisdiction
their soil, with the right to inforce on
laws upon their people and to impuse ny
! on them such laws and such obligation
as we might choose. But we had befol
the war complete jurisdiction over Il
, soil Of the Southern States, limited onl
{ by our own Constitution. Our laws wei
the only National laws jn force upon j
The Government of the United Stat
was the only Government through whiC
those States and their people had rel
} tious with foreign nations, and its fS
+, was the only flag by which they were re
, cogniged or known anywhere on the fac
, Of The earth. In all these respeots, an
in all other respects involving nation'
: interests aud rights, our possession vi
5 perfect and complete, Il did not need
Z be acquired, but only to be maintained
J and victorious war against the reb0llic
, could do nothing moro than maintain
{ It could only vindicato and re'cstablis
!, the disputed supremacy, of the Oonstit
: ton. IL could neither enlarge nor dimi
9 ish the authority which that Constitute
f coufers upon the Government by which
y was achieved. Such an enlargement
n abridgcment Of copstitptional power 9!
I be effected only by amendment Of u
: Constitution ITSELF. aud such amOndme,
y can bo made only. in the modes W which q /.
i Constitution itself presSribes. The clai
h that the suppression Of an insurrccti'
i against the Government gives addition
y authority and power to that GovernmeI
n especially that i enlarges the jurisdicti
y Of Congress, and gives th9t body !
Is right to exclude States from represent
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