The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-08-18


members chosen every second year 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, 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 rea-
son, or upon any grounds whatever. And,
i'm the Senate-so careful is the Constitu-
ton to secure to every State this right of
rcprescntation-it is expressly provided
/ that "No State shall, without its consent,
be deprived of its equal suffrage" in that
| body, even by an amendmcntvE the Con-
stitution itself.
/ When, therefore, any State is excluded
{ from such representation, not only Is a
! right Of the State denied, but the constltu-
! tional integrity Of the Senate is impaired,
! and the validity of the Government itsclfis
| brought in question. But Congress at the
present moment thus excludes from repre-
sentation in both branches of Congress ten
States of the Union, denying them al!
share in the enactment of laws by which
/ they are to be governed, and all participa-
/ tion in the election Of the rulers by which
/ those laws are to be enforced. In other
words, Congress in which only twenty
six States are represented asserts the
right to govern, absolutely, and in its own
discretion, all the thirty-six States which
compose the Union to make their laws
and choose their rulers, and to exclude the
other ten from all share in their own gov
ernment until it secs fit to admit them
| thereto. What is there to distinguish the
power thus asserted and exercised from
( the most absolute and intolcrable tyranny ?
| Nor do these cxtravagant and unjust
claims on the part of Congress to powers
aud authority never conferred upon the
/ Government by the Constitution find any
warrant in the arguments or excuses urged
/ in their behalf. 1t is alleged:
! First. That these States, by the act Of
/ rebellion, and by voluntarily Withdrawing
their members from Congress, forfeited
their right to representation, and 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 were
!
favor, this statement might have the merit
/ OF plauSibility but representation is,
under the Constitution, not only expressly
recognized as a right, but it is imposed as
/ duty, and il is essential in both respects
/ to the existence of the Government and To
! the maintenance Of its authority. In free
! governments, fundamental and essential!
, rights cannot be forfeited, except against
| individuals, by due process ot law. Nor
can constitutional duties and obligations
be discarded or laid aside. The enjoyment
Of rights may be for time suspended by
the failure 10 claim them, and duties may
be cvadcd by the refusal 10 perform them.
The withdrawal Of their members from
Congress by the States which resisted the
General Government was among their acts
OF insurrcction-waS one Of the means and
agencies by which they sought 10 impair
the authority and defeat the action Of the
| Government. And that act was a2nUlled
and rendered void when the i!l.urrcctiou
Itself was suppressed. Neither the right
Of representation nor the duty TO be repre-
scntcd was in the least impaired by the fact
of insUrrection, but it may have been that.
by reason Of the insurrection, the cond!-
tionS on which the enjoyment OF that n rht
and the performance OF that duty for the
time depended could no; he fulfilled.
This vas in fact the ease. An iusurgcnt
power, in the exercise Of u>urpcd and
unlawful authority in the territory under
its control, had prohibited that allegiance
10 the Constitution and laws OF the United
States which is made by thar fundamental
Law the essential condition OF representa-
tipn in its government. No man within the
in>u-gcnt States was allowed to take the
oath 10 support the Constitution OF the
United States, and, as necessary conse-
Quencc, no man could lawfully represent
those States in the councils ot' the Union.
But this was only All obstacle to the en-
iovmcnt o: the right and TO the discharge
oil duty. 1t did not annul TIE one nor
abrogatc the other, and It ceased L. exist
when the u>urpation by which 1t was
created had been ovcgthrown, and the
States had again resumed their allegiance
t. the Constitution and laws of the United
States.
Second. But il is asserted, in support Of
the authority claimed by the Congress now
in possession Of power. that il flows di-
rccty from the laws of war that IL is
among the rights which victorious war al
ways coniers upon the cOnquelors, and
which the conquer0r may exercise or
waive, in his own discretion. To this We
reply, that the laws in question relate
solely, so far as the rights they confer are
concerned, 10 wars wagcd between alien
and independent nations, and can have no
place or force in this regard in war waged
by government TO suppress an insurrec-
tion OF its own people, upon It's own soil,
against its authority. If We had carried
on successful war against any foreign ma
ton, We might thereby have acquired pos
session and jurisdiction CT their soil, with
the right 10 enforce our laws upon their
people, and 10 impose upon them such
laws and such obligations as VIC might
choose. But we had before the war com
plete jurisdiction over the soil OF the
southern States, limited only by orr
own Constitution. Our laws were the
ONLY national laws in force upon IL; the
Government of the United States was 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 recognized or
known anywhere on the face Of the earth.
In all these respects, and i'll all other re-
spects involving national interest and
right, our possession was perfect and
complete. 1t did not need to be acquired,
but only to be maintained, and victorious
war against the rebellion could 60 nothing
more than maintain tit could only vlndi-
cate and reestab!ish the disputed supre-
macy of the Constitution. Ii could neither
enlarge nor diminish the authority which