The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1866-08-30
= Il L. - t.W ERA, AUGUST 30. 1866.

,,ni "t'o cIoseu should be accurately
Understood. The war was carried on by
VIC government of the United States in
=. ,iliai.itehanee OF its own authority and in
uti.ice Oh It's own existence. both of
Whi ., were menaced by the instruction
Mhlcii II sought to suppress. The sup
ca that result. The government Of the
! united States maintained by force of
aims the supreme authority over ali tha
territory and over all the States and
people within its jurisdiction which the
constitution eonfers upon it; but it ac.
CURED thereby no new power. no en-
iarged jurisdiction, no rights either of
territorial Possession or ofcivil authority
when 1t dld not possess before the re-
neillon broke out. All the rightful power
II can ever possess is that which is con-
1erred upon it, either in express terms or
ny laif ana necessary implication, hy
me constitution Of the United States, it
was that power and that authority
which the rebellion sought to overthrow.
ana the victory of the federal arms was
simply the defeat of that attempt. The
government OF the United States acted
throughout the war on the defensive.
1t sought only to hold possession of
what was already its own. Neither the
war nor the victory by which it was
closed changed in any way the consti-
tuition OF the United States. The war
was carried on by virtue of its pro-
Visions, and under the limitations which
they prescribe, and the result of the war
did not either enlarge, abridge or in any
way change or affect the powers it con-
iers upon the federal government, or
release that government from the re-
strlctions which it has imposed.
The constitution of the United States
war, the supreme law of the land,
anything in the constitution or laws of
amy State to the contrary notWithstand-
ing;o and, to-day, also, precisely as
before the war. all the powers not con
ferred by the constitution upon the gene
raj government, nor prohibited by it to
the States, are reserved to the several
States, OF to the people thereof"
This position is vindieated not only by
the essential nature OF our government,
and the language and spirit of the eonsti-
tuition, but by all the acts and the lam
gtlage of.0ur government in all its de-
partments, and at all times. from the
outbreak of the rebellion to its final
overthrow. Inevery message aud procla
nation of the Executive ii Was explicit
~ declared that the sole object and pur
pose of the war was to maintain the
authority Of the constitution and 10 pre-
serve the integrity OF the Union; and
Congress more than once reiterated this
solemn declaration; and added the as
surance that whenever this object should
be attained the war should cease, and ali
the States should retain their eaual
rights and dignity unimpaiftd. 1t is
Il
rights have been asserted on behalf OF
one department OF the general govern
meut. 1t has been proclaimed by Con-
gress that, in addition 70 the powers
conferred upon it by the constitution,
the federal government may now claim
over the States, the territory and the
people involved i'm the Instruction, the
rights OF war, the right of conquest and
of contiscation, the right to abfogate all
existing governments, institutions and
laws, and to subject the territory CON
quered and its inhabitants to such laws,
regulations and deprvations as the legis-
lative departments of the government
may see fit to impose. Under this broad
and sweeping claim that clause Of the
constitution which provides that "no
State shall without its consent be de-
prived Of its equal suffrage in the Senate
of the United States has been annul-
led, and ten Sta'es have been refused,
and are still refused, representation,al.
together 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 assert
ed the right thus to exclude the rest
from representation, and from all share
in making their own laws or choosing
their own rulers until they shall 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 rebellion against the government,
ana are therefore precluded from ;! airing
its authority. They are not thus in re-
belion. They are one and all in an at
titude of loyalty towards the govern
ment and OF sworn alleg glance to the
constitution of the United States. In
no one of them is there tie slightest in
aieation of resistance TO this authority,
or the slightest protest against Its just
and binding obligation. This condition
kanll ntfiejailN