The Placer herald., 1866-09-01


ity claimed by the Congress now in posses.
sion Of power, tba. i, flows directly from the
laws Of war-that it is among the rights
which victorious war always confers upon
the conquerors aud which the conqueror may
exercise or waive in his own discretion. To
this W reply that the laws 10 question related
solely, so far as The right they confer are con.
cerned, to wars waged between alien and
independent nations, and can have no place
or force in this regard in war waged by a
government to suppress an ipsurrection OF its
own people on it's own soil against its author
ity. If we had carried on successful war
against foreign nations, we might then have
acquired possession and jurisdiction of their
soil, with the right to enforce our laws upon
their people, and to impose upon them such
laws and such obligations as we might choose.
But we had, before the war, complete juris-
diction Of the Southern States, limited only
by our Constitution. Our laws were the
only national laws in force. The Govern.
ment Of the United States was The only Gov
ernment through which those States and
their people had relations with foreign ma
tious, and its flag was the only flag by which
the face of the earth. In these respects and
in other respects involving national interests
and rights, our possession was perfect and
complete. 1t did not need to be acquired,
but only to be maintained, and victorious
war against rebellion could do nothing more
than maintain it. 1t could only vindicate
the disputed supremacy of the Constitution.
1t could neither enlarge nor diminish that
authority which that Constitution confers
upon the Government by which it was
achieved. Such an enlargement or abridge
ment Of the constitutional power can be eff
fected only by an amendment of the Const;
made only in the modes which the Cons,itu.
tion prescrbes. The claim that the suppresl
sion Of insurrec;on against the Government
gives additional authority and power to that
Government, especially that it sularges the
jurisdiction Of Congress and gives that body
the right to exclude States from representa-
,on in the National councils, without which
the Nation itself can have no authority and
no existence, seems to US at variance alike
with the principles Of the Constitution aud
with the public safety.
1t is alleged that in certaiy particulars the
Constitution of the United States fails TO Sc.
cure that absolute justice and impartial equal
ity which the principles Of Government re-
qure; that it WAS in this respect the result Of
compromises and concessions TO which, how
ever necessary when the Constitution was
formed, we no longer compelled TO sub-
nit, and that now, having the power through
successful war, and just warrant for its exer-
else n the hostile conduct of the insurgent
section,, the actual Government Of the Uni
ted States may impose its own conditions
and make the Constitution conform 10 all its
provisions to its own ideas of equality and
the rights of man.
Congress at its last session proposed
amendments to the Constitution, eulargiug
in some very important particulars the au'
thority Of the General Government over
that Of the several States, and reducing, by
indirect dsfranchisement, the representative
power Of the States in which slavery former
ly existed. II is claimed that these amend
ments may be made valid, as parts of the
original Constitution, without concurrence
of the States to be most seriously affected
by them, or may be imposed upon those
States by three.fourths of the remaining
States, as conditions Of their readmission to
representation in Congress and in the Elec-
toral College. 1t is the unquesiionable right
of the people of the United States to make
such changes in the Constitution as they,
upon due deliberation, may deem expedent;
but we insist that they shall be made in the
mode which the Constitution itself points out;
in conformity with the letter and spirit of
that instrument, and with the principles of
selfgovernment and Of equal rights. which
lie at the basis Of our Republican Govern
ment.
We deny the right Of Congress 10 make
these changes 10 the fundamental law without
the concurrence Of three tourths of all the
States, included, especially, those to be most
seriously affected by them, or to impose them
upon the States or the people as conditions OF
repr esent tation, or admission to any OF the
rights, duties or obligations which belong un'
der the Constitution to all the States alike;
and with still greater emphasis do we deny
the right Of any portion of the States exc'ud-
ing the rest of the States from any share in
their council TO propose or sanction changes
in the Constitution which may effect perma'
nenty their political relations, and control or
coerce the legitimate action Of The several
members OF the common Union. Such exer'
else of power is simply usurpation, just as un'
warrantsble when exercised by the Northern
States as itwould be if exercised by the
Southern, and not to be justified or palliated
by anything in the past history either OF
those by whom it is attempted or Of those
upon whose rights and liberties it is to take
effect. 1t finds no warrant in the Constitu
ton; it is at war with the fundamental PT'n,
cipes of our form Of government. and if toll
Grated in one instance it becomes the Prece,
dent for future invasions Of our liberty ana
constitutional rights. which will depend sole,
Iy upon the will Of the party in possession o.
power, and thus leads, by, direct, necessary
sequence to the most a.a' ana '%'otssOs h;ea sa%
AL gr'svanHs', o,oItics lIi factions |. is sgaust
this. the most formidable Of all dangers
.h;cb menace the stability of our free gov