The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1866-08-29

rescntation altogether in both branches
OF the Federal Congress. And the
Congress in which only part of the
States and Of the people of the Union
are represented has asserted the right
] thus to exclude tho rest from represen
tation, and from all share in making
their own laws or choosing their own
rulers until they shall comply with such
condti ons and perform euch acts as this
Congress thus emposed may itself pro.
scribe. That right has not only been
asserted, but it has been exercised, and
is practically enforced at the present
time. Nor does 1t find any support in
the theory that the States thus exclud.
ed arc in rebellion against the Govern.
ment, and are, therefore, preclude1
from sharing its authority. They are
not thus i'll rebellion. They are, one
and all, in an attitude of loyalty toward
the Governmant, and Of sworn alegi.
ance to the Constitution of the United
States. In no one OF them is there the
slightest indication of resistance to this
authority, or the slightest protest against
its Just and binding obligation. This
condition Of renewed loyalty has been
officially recognized by soiorhu procla-
nation Of the Executive Department.
The laws of the United States have
been reopened and Federal taxes i'm
posed and levied, and in every respect,
except that they are denied representa-
ton i'll Congress and the Electoral Col.
lcge, the States once in rebellion are
recognized as holding the same position,
as owing the same obligations and sub.
ject to the Same duties as tho other
States Of our common Union.
1t seems to us, in the exercise Of the
calmest and most candid Judgment we
can bring to ;hc subject, that such a
claim, so enforced, involves as fatal an
overthrow Of the Constitution, and as
complete II destruction Of the Govern.
ment and Union, as that which was
sought to be effected by the people and
States IN armed lnsurrection against
them both. 1t cannot escape obscrva-
ZION that the power thus asserted 10 ex.
clnde certain Statos from representation
is made to rest wholly in the will aud
discretion of the Congress that asserts it.
It is not made to depend upon any spr.
CITED conditions or circumstances, nor
To be snbjec' to any rules or regulations
whatever. The righ, asserted and cx.
ryc >ed J.. absolute, without qualification
or restriction, not confined to States in
rebellion, nor to States that have REBEL.
ed it is in the right OF any Congress
in formal possession Of Legislative author
ity to exclude any State or States. and
any portion oi the people thereof at any
time, from representation in Congress
and in the Electoral College, at its own
discr elton, and until they shall perform
such acts and comply with such condi-
tious as it may dictate. Obviously, the
reason for such exclusion, being wholly
within the discretion Of Congress, may
change as the Congress itself shall
change. One Congress may exclude
a State f:cm all share in the Govern
urcnt for one reason and that reason
removed, the next Congress may exclude
it for another. One State may bo cx.
cluded on one gaound to day, and an
other may be excluded on the opposite
ground tomorrow. Northern ascendan.
cy may exclude Southern States from
one Congress; the ascendancy Of Yves.
tern or Of Southern interests, or of both
combined, may exclude the Northern
or the Eastern States from the next.
Improbable as such usurpation may seem
the establishment of tho principle now
asserted and acted upon by Congress
will renlor them by no means impossi.
bic. The character, indeed the very
existence, of Congress and the Union is
thus made dependent solely and entirely
upon the party and sectional exigcnces
or forbearances of the hour.
We need not stop to show that action
not only finds no warrant in the Consti.
tuition, but is at war with every princi-
pie of our Government, and with the
very existence of free institutions. 1t
is, indeed, tho identical practice which
has rendered fruitless all attempts hither-
to to establish and mai1tair free gov.
ernments in Mexico and the States of
South America. Party necessities as
sert themselves as superior to the funda.
mental law, which is get aside in reck.
less obedience TO their behests Stabili.
ty, whether IN the exercise of power,
in the administration of government, or
in the enjoyment of rights, becomes I'M
possible and the conflicts ofparty which,
under constitutions governments, are
the conditions and means Of political
progress, are merged in the conflicts of
arms to which they directly and inevita.
bly, tend.
1t was against this peril, so conspic.
uous and so fatal to all free governments,
that our Constitution was intended es
pecially to provide. Not only the sta.
bility, but the very existence, of the
Government is made by its provisions
to depend upon the right and the fact
Of representation. The Congress upon
which is conferred all tho legislative
power Of the National Government, con.
sists Of two branches, the Senate and
House OF Representatives.. Gays the Con.
stitAioH (article l. section p, "shali be
composed Of members chosen every scc-'
ond year BY tho people of the several
FStates." Not only is tho right Of repre-.
oanto ;nn tl,no ra aoCpn;yol n a ,ns,n.,oj ,>x,