The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1866-08-23

1 cease, aud all the states should retain theii
equal rights aud dignity nnimpaired II Il
only since the war was closed that othel
rights have been asserted In behalf Of ON,
| Department Of the general Government.
| Il has been proclaimed by Congress that, in
addition 20 the powers conferred upon il by
| the Constitution, the Federal Government
may now claim over the States, the territory
| and the people involved in the instruction
the rights OF war, the right Of conquest and
Of contscation; the right 20 ahrOgate all
existing governments, constitutions and
laws. and 90 subject the territory conquered
and its inhabitants, TO such laws, regulations
and deprivations as the Legislative Depart
ment Of the Government may see TT TO i'm
pose.
Under this broad and sweeping claim, that
clause Of the Constitution which provides
| that no State shall, without its consent, be
deprived of its equal suffrage in the Senate
Of the United States has been crnulled.-
| Ten States have beeii refused, and are still
refused, representation altogether in both
| branches of the Federal Congress and tine
Congress, in which only a part of the sta,o
and Of the people of the Union are repre-
sented, has serted tie right thus TO ex-
clude the rest from representation, and from
all share in making their own laws and
|
comply with such conditions, and perform
such acts AS this Congress, thus composed,
may itself prescribe. That right has not
only been asserted, but it has been exercised,
and is practically enforced at the present
time.
Nor does it find any support in the theory
that the States thus excluded are in rebel
lion against the Government, and are, there
fore, precluded from sharing its authority.
They are not thus in rebellion. They are,
one and all, in an attitude of loyalty to-
ward the Government, and Of sworn allie
glance to the Constitution of the United
States, In no one of them is there the
slightest indication Of resistance to this au-
thOrty, or the slightest protest against its
Just and binding obligation This condition
of renewed loyalty has been officially re-
eognized by common proclamation Of the
Executive department The laws of the
United States have been extended by Con-
gress 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 are denied
representation in Congress and the Electoral
College tile States once in rebellion are re-
cognized as holding the same position, as
owing the same obligations, and subject to
common Union. 1t seems to us, in the eXer
else of the calmest and most candid judg-
ment we can bring to the subject, that such
claim, so enforced, involves as fatal an
overthrow of the authority of the Constitu-
ton and as complete destruction of the
Government and Union, as that which was
sought to be effected by the States and peo-
pie in armed instruction against them both.
Ii cannot escape observation that the
power thus asserted to exclude certain States
from representation, is made to rest wholly
in the will and discretion of the Congress
that asserts it. 1t is not made to depend
upon any specified conditions or circum-
stances, nor 30 be subject to any rules or re-
gulatiOns whatever. The right asserted and
exercised is absolute, without qualification
or restriction; not confined to States in re-
bellion, nor TO States that have rebelled. 1t
is the right of any Congress- in formal pos
session of legislative authority to exclude
any State or States. and any portion of the
people, at any time, from representation in
Congress and in the electoral college ut its
own discretion, and until they shall perform
such acts, and comply with such conditions,
as it may dictate. Obviously the reasons
for such exclusion, being wholly within the
discretion of Congress, may change as the
Congress itself may change. One Congress
may exclude State from all share i'll the
Government for one reason, and, that reason
removed, the next Congress may exclude it
for another. One State may be excluded ON
one ground, to-day, and another may he eX-
cluded on the opposite ground, tomorrow.
Northern ascendancy may exclude Southern
States from one Congress the asceudancy of
Western or of Southern interests, or of both
combined, may exclude the Northern or the
Eastern States from the next. Improbable
as such usurpations may seem, the establish
ment of the principle now asserted and acted
upon by Congress will reEder them by no
means impossible.
The character, indeed the very existence,
of Congress and the Union is thus made de- |
pendent, solely and entirely, upon the party |
and sectional eNigencies and fOrbearance of |
the hour. We need not stop to show that |
such action not only finds no warrant in the |
but it is at war with every
principle of our Government, and with the |
very existence Of free institutions. 1t is, in
deed, the identical practice which has ren- |
dered fIuitless all attempts hitherto to es- |
tablish and maintain free governments in |
Mexico and the States of South America
Party necessities assert themselves as supe- |
rior to the fundamental law, which is set |
aside in reckless obedience to their behests |
Stability, whether in the exercise of power |
in the administration of government, or in |
the enjoyment of rights, became impOssible
and the conflicts of party, which, under coll
governments, are the conditions
and means of political progress are merged |
in the conflicts of arms to which they di- |
rectly and inevitably tend.
1t was against this peril, so conspicuous and
20 fatal to all free governments that our
Constitution was intended especially to pro-
vide. Not only the stability, but the very |
existence of tho Government is made by its
provisions to depend upon the right and the
act of representation.
The Congress, upon which is conferred all
he Legislative power of the national govern
nent, consists of two branches, the Senate
md House of Representatives, whose joint
concurrence or assent is essential to the va
idity of any law. Of these, 'the House of
says the Constitution
Article !, Section g. "shall he composed of
Members chosen every second year by the
people of the several States" Not only is
he right of representation thus recognized
Is possessed by all the States, and by every
state without restriction, qualification or
distinction Of any kind, but the duty of
'hOosing Representatives is imposed upon
he people of each and every State alike,
without distinction or the authority to make
distinctions among them for any reason or
ipon any grounds whatever And in the
senate 50 careful is the Constitution to Sc
fure to every State this right Of representa-
ion. il is explicitly provided that no State
hall, without its consent, be deprived OF its
quail suffrage in that body. even by an
amendment Of the Constitution itself
When, therefore, any State is excluded from
uch representation. not only j. right Of al
state denied. hut the Constitutional integri-