The south-western. [volume] (Shreveport, La.) 1852-1870, 1866-09-05


ests of both combined may exclude the northern q,
the eastern States from the next Improbable as sucf
usarpatlons may SEEM the establishment of the prin
cipie now asserted and acted upon BY congress will
render them by no means impossible The character
indeed the very existence Of congress and the Union
IS thus made dependent solely and entirely upon the
party and sectional agencies Or the orbearance of the
hour
we need not stop to show that such action not only
hnds no warrant IN the constitutions but at with
every pInciple OF government and with the very
existence Of free institutions 1t is indeed the iden-
cal practice which has rendered futess all attempts
Itefto to establish and maintain free governments in
Mexico and the states of South America Party neces
sltes assert themselves superior to the fundamental
law which it set aside in reckless obedience 10 their
Dehests. Stability, whether in the exercise of power
III tue adnlnlstratlon OF government in the eiOv-
ment OF rights, becomes insensbe; and the conflicts
6i party, which, under constitutional governments are
the conditions and means Of political progress are
merged IN the concts OF arms to which they directly
and inevitably tend.
L was against this peril conspicuous and 50 fatal
to free governments that constitution was intended
especially to provide. Not only the stability but the
very existence Of the government is made by its pro
visions to depend upon the right and the fact Of rep
rcScntah0n. The congress, upon which is conferred
all the legislative power of the national government
consists Of two branches the senate and house of rem
resentatlyes, whose joint concurrence or assent is
essential to the validity Of any law OF these the house
OF representatives, says the constitution (artcle
section p shall be composed of members chosen
every second year by the people of the several Sates
Not only IS ne rghu OF repre- entaen thus recognised
possessed by all the States and by every State with
out 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, or the authority to make distinctions
among them, for any reason or upon any grounds
whatever Aud IN the senate, careful is the const
tuition to secure TO every State this right of representa-
ton, II IS expressly provided that mo State shall
without It's consent, be deprived of its equal suffrage"
in that body, even by amendment to the cOnsitu-
ton itself When, therefore, any State is excluded
from such representation, not only IS right of the
State denied, but the constitutional integrity of the
r. 5p.al artflf .-gl ityr IF
itself IS brought in question But congress at the
present moment thus excludes from representation in
both branches Of congress- ten States of the Union
denying them all share IN the enactment Of laws BY
which they to be governed and all participation iii
the election Of rulers by which those laws are to be en-
forced. In other words, a congress in which only
twentysix States represented asserts the right to
govern, absolutely and III its discretion, all the
thirty-sN States which campose the Uniou-to make
their laws and choose their rulers, and TO exclude the
other ten from all share IN their own government until
1t sees fit to admit them thereto What is there to dis
tngnlsh the power thus asserted and exercised from
the most absolute and intolerabe tyranny2
Nor do these eXtravagant and unjust claims on the
part OF congress to powers and authority never confer
red upon the government by the constitution find any
warrant iH the arguments or urged on their
behalf 1t is alleged,
First That these States, BY the act Of rebellion and
by voluntarily Withdrawing their members from con
gres forfeited their right Of representation and that
they only receive again at the hands Of the su
preme legislative authority Of the government on its
terms and at its discretion. If representation
simply privileges conferred and held by favor, this
statement might have the merit of plausbility But
representation is under the constitution not only ex-
presSIy recognised as right, but it IS imposed as Il
duty and it IS essential in both aspects to the exist
of the government and to the maintenance of its
authority. In free governments fundamental and es
sental nights cannot be forfeited, except against indi
ylduas by due process Of law constitutional
duties and obligations be discarded OF laid aside The
enjoyment Of rights may be for time suspended by
the failure to claim hem and duties may be evaded by
the refusal to perform them The withdrawal Of their
members from congress by the States which resisted
the general government among their acts of nsur
rcCtlon-was one of the means and agencies by which
they sought to impair the authority and defeat the
action ct the government; and that was annuled
and rendered void when the insurrection itself was
suppressed. Neither the right Of representation
the duty to be represented in the least impaired by
the fact of insurrection but il may have been that by
of the nsurrection 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 case An nsurgent power, in the
ercse of usuTped and unlawful authority in the terri
tory under its control had prohibited that allegiance
to the constitution and the laws Of the United States
which is made by that fundamental law the essential
condition OF representation in its government. No
within the insWgeut States was allowed to take
the oath to support the constitution of the United
States, and as necessary consequence, could
lawfully represent those States in the councils of the
Union. But this only obstacle to the enjoy
ment Of the right and to the discharge of a duty-it
did not annul the one abrogate the other and it
ceased to exist when the usurpatlon by which it was
created had been oyerhrOwn and the States had again
assumed their allegiance to the constitution and laws
Of the United States.
Second But is asserted Id support of the authority
claimed by the congress in possession of power,
that it flows directly from the laws Of war; that it is
among the rights which victorious always crnfers
upon the conquerors and which the conquerOr may
exercise waive in his discretion. To this
ply, that the laws in question relate solely, far
the rights they confer are concerned to wars waged
between alien and Independent nations and have
place force in this regard, in a waged by gov
ernment to suppress an nsurccticn Of its own people
uponi its soil, against its authority II had
red on successful war against any foreign nation; we
might thereby have acquired possession and jUrisdiC
ton of their SOIL with the right to enforce laws
upon their people, and to impose upon them such laws
and such obligations might choose But we had
before the complete jurisdiction the soil of
the southern States, limited only by the constitution
Our laws the only national laws in force upon it,
The government Of the United States the only
government through which those States and their
people had relations with foreign nations and its flag
was the only flag by which they were recognised or
known anywhere on the face of the earth.
In all these respects, and in all ether respects invol
wing national interests and rights possession
perfect and complete 1t did not need to be acquired
but only to be maintaned and victorious against
the rebellion could do nothing than maintain it,
1t could only yndicatc and reGstablish the disputed
supremacy OF the constitution 1t could neither change
diminish the authority which that constitution
fers upon the government by which it was achieved
Such aa enlargement or abrdgement Of constitutional
power can be made only ia the modes which the
sttuton itself prescribcs Tie claim that the suppress
sion of an insurrecOn against the government gives
additional power and authority to that government
pecally that it enlarges the jurisdiction of congress
and gges that body the right to exclude States from
rppresentation in the national councils without which
the nation itself can have authority and exist
ence seems to MS at variance alike with the principles
of the constitution and with the public safety.
Third. But it is alleged that i'll certain particulars
the constitution of the United States fails secure that
absolute justice and impartial equality which the prin
ciplcs Of government require that it was p these
respects the result Of compromise and concessions to
which, however necessary when the constitution was
formed we are 20 longer compelled to submit and that
now having the power through successful war and just
warrant for its exercise in the hostile conduct OF the
nsurgent section the actual government of the United
States may impose It's conditions, and make the
constitution conform in all its provisions to lis own
ideas Of equality and the rights of Congress, at
its last session. proposed amendments to the constitu
tion euargng in very important particulars the
authority Of the general government over that OF the
several States and reducing, by indirect dstranchlse
ment the representative power of the States in which
slavery formerly existed; and it is claimed that these
amendments may be most seriously affected by them,
or may be imposed upon those States by three ourths
Of the remaining States, conditions of their read
mission representation in congress and in the electo-
raj college It is the unquestioEabe right of the peo
ple Of the United States to make such changes in the
constitution they, upon due deliberation may deem
expedient But we insist that they shall be made in