The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-06-20
Report Of the Minority Of the
Committee of Fifteen.
SOLID FACTS AND ARGUMENTS.
THE CONSTITUTION AND THE LAWS.
We're The RebefStates Ever Out Of the Union
No. Ire They Now in the Union Yes
&c. !. &c. ,.n &c.

1866 making II their duty to inquire into the condition
or the States which formed the so-caed Confederate
States of America and to report whether they any of
shem entitled 10 be represented in either house OF
Congress with leave TO report by bill or otherwise, not
being able to concur in the recommended by
the ma )rty or the grounds upon which they base
shsm, beg leave 10 report. tstt
In order 10 Obtain correct apprehension OF the sub
Ysct and as having direct bearing upon it, the under
signed think all important clearly TO ascertain what
vas the effect Of the late insurecton upon the relations
Or the States where prevailed TO the general govern
snent and OF the people, collectively and individually,
constituting the Southern States To this inquiry they
therefore first addressed themselves. ~ .,..- {.
First as to the States Did the instruction at It's
commencement or any subsequent time, dissolve the
connection between the States and the general govern
ens In our Judgment far from this being sproht
aess abstraction, is vital inquiry; for, such rea-
son disturbed such States during the rebellion
we're as completely component States Of the United
Bates they before the rebellion, and bound
By all the obligations which the constitution imposes
Was not this their condition. II was they entitled
the rights and privileges belonging otaes under the
eonstitution The opposite view alone can Justify the
Aenal OF such rights and privileges That State of
che Union exist without possessing them is ncon-
sistent with the very of the government and
formed Of and by States possessing equal rights and
powers States unequal known to the constitu-
zion In its original formation perfect equality
cured. They granted the same representation in
the Senate and the right TO be represented in the
House Of Representatives, the difference the latter
being regulated only by difference in population. But
every State however small its population was secured
one representative in that branch Each State given
The right, and the right to participate in the ccc
son OF President and Vice President, and all alike were
secured Che benefit Of the judicial department The
constitution too was submitted to the people of each
fiate separately and adopted by them in that capacity
The convention which framed it considered, they
were bound to do each supreme sovereign that
could be subjected TO the constitution except by its
Swn consent That consent consequently asked
and given. The equality therefore, of rights the
esndton OF the original thirteen States before the gov
formed and equality not only not
Suterfcred With, but guaranteed to them well in
regard 10 the conferred upon the general govern
msnt TO those reserved 10 the states 70 the people
~ the states The same equality 10 secured TO those
which have been admitted into the Union since the con-
saituron was adopted In each instance the State ad-
RATES equal footing with the original States in all
respects whatever The constitution, too far
most Of the powers II confcs the general govern
nent concerned operates directly upon the people
- their aggregate capacity and on All alike Each c
uss, therefore, OF every State the allegiance
same protection. The obligation of this allegiance
= rs not within the legal power Of hm State to
snnu Q, eva1e: ~, made paramount; ana per.
Me paramount duty Of the general government
- allow 70 the citizens Of each State the rights secured
. them and the protection necessary their full enjoy
ncnt citizen can doubt forfeit such rights by
aitting crime against tho United States upon convic-
Non Of the where such forfeiture by law
gently passed n made part Of tho punishment But
Dae cannot In Its corporate capacity be made Liable to
such Forfeiture for State, ~ such under the cons
oufi0 ravnft he pdtcfad far scriunA NJ
deprive State Of benefits Of the ns,iution by
fstng against her any Of the rights II secured 10 her
Her citizens DO they few many, may be proceeded
against under the law and conycted but the State
sa.ns State Of the Union TO concede that by the le
4om The Union h virtually To concede the right OF
sion; for what difference does II make as regards
she result whether state can rightfully seccde IA
doctrine maintained by statesmen North as well as
6osb whether by the Illegal conduct Of her citizens
che ceases be State of the Union In either case the
ehcory she by Law to be State Of the Union and
ey the other by crime without and against law. But
The doctrine is wholly erroneous State once In the
Onion must abide in IL forever. She never withdraw
from be expelled from IT, different principle would
sSeJst the Inion TO dissolution at any moment II Is
Shat hns any support In the measures recommended by
she majority OF the committee. The insurrectioBary
states are by these measures conceded 10 be States OF
the Union Tho proposed constitutional amendment Il
% be submitted TO them well tho other States In
shesc respects each is placed the same ground tt
Of adopting constitutional amendment TO thu
government of the lnon, and which is necessarily Z
Affect those states only comprising the Union would b
absurdiy and 10 allow such amendment. as state
81 the Union might desre 10 be defeated by the votes
States not IN the union would be alike nonscnscal an
unjust The very measure, therefore, Of submitting 4
nl the States forming the Union before the nsurectio
constitutional amendment makes the inquiry whcthe
eii at thstne are ia or out of the Union vital one
II they not all should not be consulted IL ihcy
Qey should be, and should be only because they are
he very fact therefore. Of such submission comedies
Shat the Southern States and ceased 10 bs
States OF the Union. Tested therefore, either by the
mature o. government by terms OF the cous
aaiion the Instruction now utterly and happily sup
vrcssed has In respect changed the relations of the
eAaies where prevailed TO the general government On
Me contrary they to all intenis and purposes
completely states OF the Union they were
nd In further support OF this proposition IL Il needed
any confidently appeal 90 tile fact that the very
pnessure recon mendcd constitutional amendment Il
- submitted 10 such States furnishes such support for
booking TO and REGARDING the rights Of the other states
snch submission has warrant foundation except
upsn the hypothess that they absolutely states
De Union any OF the other states II never be,
pnder any circumstances "proHtless abstraction, y
whether under the constitution state IL or Is not
esate Of the Union II be such abstraction
whether the people OF State once 10 the Union can
voluntarily by compuIscn be freed from the oblgn
eksns " enjoins, be deprived 81 the riahts u
ssnfers or the protection il Affords different
e0ctrine necessarily leads 10 dissolution Of the
Onion The constitution suppcscs thar nsurrec,ion'
lay exist state and prov,des for their suppression
giving Congress the power ITO provide for calling out
sh< militia for that purpose The power II 20 sub
ensate the State within whose limits tho instruction
6ay prevail and 10 eItinguish State Of the Union
Sss 70 preserve such by subdung the rebellion by
seuns on the individual persons engaged IN Il, and no,
- me state At all The power Is altogether
sve 70 project State, not 10 destroy u, TO pre-
vent her being taken out or the Union by individual
rsnc, not - any contingency 20 put her out The
issuance o. the union Of all the Saics necessary "a
ne Intended existence o. the government The govern
nent n formed ~ constitutional association Of states
as< s integrity depends the continuance the en-.
trv association III one state ~ Withdrawn from Nv
cay cause TO that extent u the Union dissolved Those
shst remain may exist government hu, il ia not the
very government the contribution designs: that
~ All, and IT, character IL changed aud power IA d.
unfinished by the absence OF any one. different prn-
splc leads To disnegraon that mus, sooner or later
result the separation Of ell and the consequent des
wuction OF the government To suppose that a power
- preserve may NJ the option OF tho body 70 winch
gwen be used 20 destroy proposition repugnani
Hcnmon and vet the late insurrccion put
down BY Of that power, that being the only one
conferred upon Congress 10 that end tina, proposition y
fhs which alone n be pretended the Southern
0Aaics not 10 the Union now ~ well ~ 81 FIRST
The idea that the power a. such, has becn ussd
- could have been uscd 20 cxtneuish the rebellion ~
- be judGmenf Of the undersigned. utterly wIthou
0snAaticn. That power sss gwen for . dinsren
ssesiusspcyfor the contingency Of conflict with cthe