The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1866-08-25

by every State without restriction, quail
fication or condition Of any kind but the
duty OF choosing is imposed on the peo-
pie of each and everyoState alike, with
out distinctions or the authority to make
distinctions among them for any reason or
any grounds whatever, in the Senate so
careful is the Constitution to secure to
every State this right of representation.
1t is expressly provided that no State
shall, without its consent, be deprived Of
its equal suffrage in that body, even by
an amendment of the Constitution itself.
When, therefore, any State is excluded
from such representation, not only is n
right of State denied, but the Constitu-
tional integrity of the Senate is impaired
aud the validity Of the Government itself
brought in question. Congress at the
present moment thus excludes from rep
rescntation in both branches, ten States
of the Union denying them all share in
enactment of the laws by which they are
to be governed, and all participation in
the election Of rulers by whom these laws
are to be- enforced in other words, II
Congress in which only twcnty.six States
are represented, claims the right to gov
ern absolutely all the thirty-six States
which compose the Union, make laws,
choose rulers, aud exclude the OF ten
from all share in their own Government
until it secs fit to admit them thereto
What is there to distinguish the power
thus asserted and exercised from the
most absolute and intolcrablc tyranny.
| Fourth. Nor do these cxtrayagant
and unjust claims on the part Of Congress
/ to powers and authority never conferred
on the Government by the Constitution,
find any warrant in arguments or excuses
urged on their behalf 1t is alleged, first,
that these States, by the act of rebellion
and voluntarily withdrawing members
from Congress, forfeited their right oi
representation, which they can only re-
cciyc again at the hands Of the supreme
legislative authority Of the Government
on their own terms, at it's own discretion
If representation in Congress aud partici.
pating i'll the Government, were simply
privileges conferred and held by favor
this statement might have the merit oi
| IplauslblIlty; but representation IL, under
the Constitution, not only expressly re-
coguized as right, but il IL imposed ~ 4
duty; and il is essential in both respects
to the assistance of Government and
maintenance of authority in free govern.
mcnts. The fundamental aud essential
rights cannot be forfeited except against
individuals by due process. Of law, nor
can constitutional duties and obligations
/ be discarded and laid aside. The enjoy
ment of their rights may be for time
suspended, or By failure TO claim them
the duties may be cyadcd by refusal tc
perform them. The withdrawal of their
members from Congress. by States which
resisted the General Government. wa
+ among the acts Of insurrcction-was one
/ OF the means aud agencies by which thcy
sought to impair the authority aud dc
feat the action Of the Government aud
that act was auuuilcd aud rendered void
when the insurrcctiOn itself was sup.
pressed. Neither the right of reprcecn,
tation nor the duty to be represented was
IN the least impaired by the fact Of insur
rection but it may have been that b,
reason Of the insurrcc:Iou the conditions
on which the enjoyment of that right
and the performance Of that duty for the
time depended, could not be fulfilled
This was in fact the casc-an insurgen
power was in exercise Of usurpcd ant
unlawful authority, and had suspended
within the territory under It's control tha
allegiance TO the Constitution aud Laws
which is made by that fundamental law
the esscntiol condition of representation
in its Government No man within tho
insurgent States was allowed TO take at
oath To support the Constitution Of tbs
United States, and as necessary conse
/ qucnce no man could lawfully rcpresen
those States in the councils Of the United
States. But this was only m obstacle Il
the enjoyment of n right and to the dis
charge of duty. II did not annul th'
one nor abrogate the other, aud it ceased
to exist when the usurpation by which i
was created had been overthrown and TIA,
States had again resumed their allegiance
TO the Constitution and laws Of tie Uni
ted States. But il is asserted i'll supper
Of the authority claimed by Congress nov
rectly from the laws Of war; that it i
among the rights that victorious war al
. ways confers upon conquerors, and whicl
the conquerors may exercise or waive il
, their own discretion To this we repl
that the laws in question relate solely, $
far as the rights they confer are concern
ed, to wars waged between alien and indie
, pendent nations, and can have no plac
or io,ce in this regard in war waged b
a Government to SUPPRESS an lnsurrectlo
of It's own people upon its soil against 1t
authority. If We had carried on n sue
cessful war against foreign nations, W
, might then have acquired possession an
, jurisdiction of their soil, with the righ
! to enforce our laws upon their people an
2 to impose upon them such laws and sue
t obligations as we might choose, but W
: had, before the war, complete jurisdictio
? of the Southern States, limited only b
/ our Constitution. Our laws were tn
t only national laws in force the Govern
: ment of the United States was the onl
@ Government through which those State
: and their people had relations with fol
i eign nations, and its flag was the onl
t flag by which they were recognized c
/ known anywhere on the face Of TIL
: earth. In all these respects, and in othe
:, respects, involving national interests an
G rights, our possession was perfect an
a complete. It did not need to be acquired
+ but only to be maintained. and victor
p ous war aoainst the rebellion could d