Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-08-23

arms simply the defeat of that attempt. The gov
on th Inc Oned % 70 the
what already it's Neither the war; the vic
of Ss States The war ANY Was
on by virtue of its provisions and under the limitations
which they prescribe and the result OF the war did not
either enlarge abridge way change affect the
powers confers upon the federal government release
that government from the restrictions which it has i'm
precisely it before the war; " the supreme OF
the contrary Notwithstanding And to-day also pre-
cisey before the war; all powers conferred the
upon the general government prohibited
by it to the States reserved to the several States to
the people thereof"
This position is indicated only by the essential
ure OF government and the language and spirit of
the constitution but by ali the acts and the language of
From the outbreak of the rebellion final overthrow
In every message and proclamation OF the Executive it
explicitly declared that the sole object and purpose of
the maintain the authority OF the constitution
and to preserve the integrity of the Union And Congress
more than once reiterated this solemn declaration and
added the that whenever this object should be
attained the should cease and all the States should
Gef2 hef b equal wal snt5 ana sny 1t Is
asserted behalf Of department the general gov
ernment 1t has been proclaimed by Congress that in
dition to the powers conferred upon by the constitution
the Federal government may claim the States,
the right OF conquest ana conscaon the right to alb
roSate all existing governments, institutions and laws,
and to subject the territory conquered and its inhabitants
such laws regulations and deprvations the legsa-
tive departments OF the government may see fit to I'M
pose
Under this broad and sweeping claim, the clause of the
constitution which provides that emo State shall without
its consent, be deprived equal suffrage in the Sen
ate of the United States has been annued and ten
States have been refused and still refused representa-
ton altogether in both branches the Federal Congress-
and the Congress- in which only part of the States and
of the people of the Union represented has asserted
the right hRs exclude the from representation and
all share in making their laws choosing their
rulers until they shall comply with such conditions and
perfom such acts this Congress- thus composed may
itself prescribe That right has not only been asserted
but it has been exercised and practically enforced
the present time. Nor does it find any support in the
against the government and therefore precluded from
sharing its authority They not thus i'll rebellion.
They all in attitude of loyalty towards the gov
eminent and OF allegiance to the constitution of the
United States In none OF them IS there the slightest in
dcaon of resistance To this authority, the slightest
protest against its just and binding obligation. This
don Of renewed loyalty has been officially recognized by
solemn proclamation of the Executive Department the
laws of the United States have been by Congress
over all these States and the people thereof federal
courts have been reopened and federal taxes imposed
and levied and in every respect except that they de-
MED representation in Congress and the electoral college,
the States once nrcbcon recognized holding
the position owing the obligations and sub
ect to the same duties as the other States OF our COM
mon Union.
1t seems to u.s. in the exercise the caImes
candid judgment bring to the subject that such
claim, enforced involves fatal overthrow Of the
authority of the constitution and complete destruc
ton of the government and Union that which was
sought to be effected by the States and people in armed in
surrccon against them both 1t cannot escape obsera
ton that the thus asserted to exclude certain States
from representation is made to rest wholly the will and
discretion of the Congress that it, 1t is made
to depend upon any specified conditions or crcums tances
to be subject to any rules regulations whatever
The right asserted and exercised absolute without
qualification or restrlctlonnot confined to States IN
beliOn to States that have rebeedt Is the right Of
Congress- in formal possession Of the Legislative
thory to exclude State States and portion of
the people thereof at any time, from representation
Congress and i'll the electoral college, its discre-
ton and until they shall perform such acts and comply
with such conditions as 1t may dictate.
Obviously the for such exclusion, being wholly
within the discretion OF Congress- may change as the Con-
gress itself shall change. One Congress exclude
State from all share i'll the government for one
and thai reason removed the next Congress may exclude
it for another One State may be excluded on one ground
to-day and another be excluded on the opposite ground
tom brow Northern ascendancy may exclude southern
States from Congress- The ascendancy OF Western
or of Southern interests or of both combined may ex-
clude the Northern Eastern States from the next.
Improbable such usurpations may seem the estab-
sment OF the pThcpIe now asserted ana 3cted upon by
Congress Will render by no means impossible the charac-
ter indeed the existence of Congress- and the Union
is thus made dependent solely and entirely upon the
party and sectional exSences and Performances OF the
We need not stop to show that such action not only
finds no warrant III the constitution but is at war with
every principle of government and with every exs
tence of free institutions 1t indeed the Identical prac
tce which has rendered utess all attempts hitherto to
establish and maintain free government in Mexico and the
States Of South America.
Party necessities assert themselves superior to the
fundamental law which is set aside III reckless obedience
power in the of government or in the enjoy
ment OF rights becomes nppOssbleand the conflicts of
party, which under constitutional governments, the
conditions and means Of political progress are merged in
the conflicts of arms to which they directly and inevitably
tend.
1t was against this peril conspicuous and fatal to
all free governments that constitution intended
Not Stabllty but the
existence OF the government Is MAGE by Its PROVISIONS
depend upon the right and the fact OF representation.
The Congress, upon which is conferred the Legislative
of the national government consists two branch
the Senate and House of Representatives, whose joint
concurIenGe or assent is essential TO the validity OF any
law. OF these, the House OF Representatives,, says
the Constitution, article section 3 shall be composed
of members chosen every second by the people Of the
several States Not only is the right of representation
thus recognized as possessed by all the States and by
every State without restriction, qualification condition
of any kind but the duty OF choosing representatives Is
imposed upon the people of each and every State alike
without distinction, the authority to make distinction
among them for any upon any grounds what
And the ScnatcsO careful is the Constitution
expressly provided that 'No State shall without its
sent, be deprived Of its equal suffrage In that body,
even by amendment OF the Constitution itself.
When therefore, any State is excluded from such
resentaton, not only right of the State denied but
the constitutional integrity of the Senate is impaired and
the validity the government itself is brought in qUes-
ton. But Congress, the present moment, thus
cudes REPRESENTATION both branches of Congress
ten States of the Union denying them all share the
enactment of all laws by which they to be governed
and all participation in the election Of the rulers by which
those laws are to be enforced IN other words Con-
gress in which only tentsix States represented
serts the right to absolutely and in its dis
States make their laws and chooses their rulers and
exclude the other ten from all share in their gov
eminent until it sees fit to admit them thereto What is
there to distinguish the power thus asserted and
cised from the most absolute and nOerable tyranny?
Nor do these eXtravagant and claims on the part
Congress and authority conferred
the government by the constitution find any warrant in
the arguments or excuses urged their behalf 1t is al
legged:
First That these States by the act Of rebellion and by
voluntarily withdrawing their members from Congress, for
receive again att hands of the supreme Legislative a
hOrty of the government its terms and at its own
discretion Misrepresentation IN Congress and participation
N the government We're SIMPLY privileges conferred and
held by favor this statement have the merit of pausi
only expressly recognized right but it imposed as
duty, and is essential in both aspects, to the existence
Of tie government aod to the maintenance OF its
In tree governments fundamental and essential rights
cannot | forfeited except against Individuals by due pro-