Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1866-08-21


eminent, and therefore precluded from shar-
ing its authority They are not, thus in re-
beliion. They are one and all in an attitude
OF loyalty towards the government and of
sworn allegiance to the constitution of the
United States. In none of them is there the
slightest indication of resistance to this an
thority, or the slightest protest against its
just and binding obligation. This condition
OF renewed loyalty has been officially recoo-
nized by solemn proclamation of the Execn-
tive Department; ; the laws of the IJnited
states have been extended by Congress oyer
all these states and the people thereof fed
eral courts have been rebpencd and federal
taxes Imposed and levied; and, in every re-
spect, except that they are denied represent
satl3n in Congress and the electoral college.
che States once in rebellion are now recog.
nized as holding the same position, as owing
the same obligations and subject to the same
duties as the other States of our common
Union.
1t seems to us, in the exercise of the calm
est and most candid JUDGMENT we can bring
to the subject, that such claim, SO enforced
involves as fatal an oyertfro of the authority
OF the constitution, and al completes destruc-
ton of the government aud Union as that
which was sought to be Effected by the States
and people in armed ihsurtection against them
both. 1t cannot escape observation that the
power thus asserted to exclude certain States
from representation is made to rest wholly on
the will and discretion Of the Congress that
asserts it. 1t is not lslde to depend upon
any specified conditions or circumstances, nor
to be subject to any rules or regulations what
ever. The rightasserted and exercised is alb
solute, without qualification or restriction
not confined to States in rebellion, nor to
States that have rebelled-it is the right of
any Congress, in formal possession of the leg
islative authority, to exclude any State or
States, and any portion of the people thereof,
at any time, from representation in Congress.
and in the electoral college, at its own discre-
ton, aud 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 Con-
gress, may change as the Congress itself shall
change. One Congress may exclude State
from all share in the government for one rea-
son and, that reason removed, the next Con-
gress may exclude it for another. Ono State
may be excluded on one ground to-day, and
another may be excluded on the opposite
ground tomorrow. Northern ascendancy NAV
exclude Southern States from one Congress.
The ascendancy of Western and Southern in
terests, or of both combined, may exclude the
Northern or the Eastern States from the next
Improbable as such usurpations may seem,
the establishment of the principle now as
serted 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 exigen-
cies and forbearances of the hour.
We need not stop to show that such action
only finds no warrant in the constitution, but
is at war with every principle Of our govern
meDt, and with the very existence of free
institutions. 1t IS, indeed, the identical prac-
tice which has rendered fruitless all attempts
hitherto to establish and maintain free gov
eminent 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 disobedience to their behests
Stability, whether in the exercise of power
in the administration ofgovernment, or in the
enjoyment of rights, becomes impossible
and the conflicts of party, which, under con-
stitutional governments, are the conditions
and means of political progress, are merged
in the conflict 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
constitution intended especially to pro-
vide. Not only the stability, 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 the legislative power of the
government, consists of two branches, the
Senate and House of Representatives, whose
joint concurrence or assent, is essential to the
validity of any law. OF these, the House
Of Representatives says the constitution.
article ,sectiOn-''shall be composed of mem
bers 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 author
ity to make distinction among them, for any
reason or upon any grounds whatever And,
in the Scnate-so careful is the constitution
to secure to every State this right of repre-
sentation-it is expressly provided that g no
State shall, without its consent, be deprived
of its 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 a right of the
State denied, but the constitutional integrity
of the Senate is impaired, and the validity
of the government itself is brought in ques-
ton. But Congress, at the present moment,
thus excludes from representation in both
branches OF Congress, ten States of the Union,
denying them all share iu the enactment of
laws by which they are to be governed, and
all participation in the election of the rulers
other words, Congress in which only twenty
to govern, absolutely, and in its own discre-
ton, all the thirty six States which compose
the Union; to make their laws and choose
their r1lars and tn arclnLn tln ctI.r ~. E-a...