The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1866-08-28

comolned, may exclude the Northern Or the
: Eastern States from the next.
Improbable as such usurpations may seem
the establishment of the principle pow asserted
no means impossible. The character, indeed the
very existence of Congress and the Union is
thus made dependent solely and entirely upon
; the party aud sectional exigencies and forbear-
ances Of the hour
We need not stop TO show that such action
not only finds no warrant in the Constitution,
but is at war with every principle of our Gov
ernment, and with the very existence of free
institrt:ess. It is, indeed, the identical prac-
tice which has rendered fruitfess all attempts
hitherto to establish and maintain free govern.
nenti in Mexico and the States of South America
! Party necessities assert themselves as superior
to the fundamental law, which is set aside in
reckless obedience to their behests. Stability,
whether in the exercise OF power, in the ad-
ministration of Government, or in the enjoy
! ment of rights, becomes impossible-and the
conflicts of party, which, under Constitutional
Governments, are the conditions and means of
political progress, merged in the conflicts of
arms, to which they directly and inevitably
tend.
1t was against this peril, so conspicuous and
so fatal to all free Governments, that our Con-
stitution was intended especially to provide
Not only the stability, but the very existence of
the Government is made, by It's provisions, to
depend upon the right and the fact of represen-
tation. The Congress, upon which is conferred
the legislative power of the National Govern
meut, consists of two branches, the Senate and
House of Representatives, whose joint concur
renee or assent is essential to the validity Of
any law Of these, "the House of Representa-
tives"-says the Constitution, article l, section
| 2-"shall be composed of members chosen every
second year by the people of the several States"
| Not only is the right of representation thus re-
cognized as possessed by all the States, and by
every State without restriction, qualification or
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 distinction among
them, for any reason or upon any grounds what
| ever And, in the Senae-so careful is the
Constitution to secure to every State this right
of representation-it is expressly provided that
mo State, shall without its consent, be deprived
of it's 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 right of the
STATE dened, but the constitu tional integrity of
the Senate is impaired, and the validity of the
government itself is brought in question. But
Congress, at the present moment, thus excludes
from representation 10 both branches of Con-
grss ten States of the Union, denying them all.
share in the enactment Of laws by which they
are to be governed, and all participation in the
election of the rulers by which those laws are to
| be enforced. To other words a Congress in
which only twenty-six States ere represented,
asserts the right to govern, absolutely, and in its
| own discretion, all the thirty States which
| compose the Union; to make their laws and
fbo;r r,lor nd 70 Ind fba oth
| ten from all share in their own government un-
| til it sees fit to admit them thereto. What is
there to distinguish the power thus asserted and
exercised from the most absolute and intolera-
Sle tyranny? Nor do these extravagant and
unjust claims on the part Of Congress to powers
and authority never conferred upon the govern
ment by the constitution, find any warrant in
the arguments or excuses urged on their behalf.
1t is alleged:
First-That these States, by the act Of rebel
| lion, and by voluntarily Withdrawing their mem,
| bers from Congress, forfeited their right Of
| representation, aud that they can only receive
it again at the hands of the supreme legislative
| authority of the government on its own terms
and its own discretion. IF representation in
| Congress and participation in the government
| we're simply privileges conferred and held by
favor, this statement might have the merit of
plausibity-but representation is, under the
constitution, not only expressly recognized
right, but it is imposed a duty, and it is
| essential in both aspects, to the existence Of
the government and to the maintenance OF rs
authority. In free governments fundamental
| and essential rights cannot be forfeited except
| against Individuals, by due process of law. Nor
! can constitutional duties and obligations be
discarded or laid aside. The enjoyment Of
rights may be for time suspended by the fail
ure to claim them, and duties may be evaded
by the refusal to perform them.
The Withdrawal of their members from Con-
gress by the States which resisted the general
government was among their acts of insursec-
tion-was one of the means aud agencies by
which they sought to. impair the authority and
defeat the action of the government. And that
act was committed, add rendered void when the
insurrection itself was suppressed. Neither the
right of representation the duty to be repre-
sented was in the least impaired by the fact of
insurrectiou. But it may have been that by
reason of the insurrection the conditions on
which the enjoyment of that right and the per-
Torrance of that duty for the time depended
could not be fulfilled. 49,.
This was in fact the case An iusurgent
power. in the exercise of usurpation and uuaw-
full authority in the territory under its control,
had prohibited that allegiance to the constitution
aud laws of the United States which is made by
that fundamental Law the essential condition OF
representation in its government No man
within the insurgent States was allowed to take
the oath to support the constitution of the Uni
ted States, and, as a necessary consequence, nc
man could lawfully represent those States in the
councils of the Union.
But this was only an obstacle to the enjoy.
ment of the right and to the discharge OF duty