The weekly north Iowa times. [volume] (McGregor, Iowa) 1857-1867, 1866-08-22


ceive it again at the hands of the supreme
legislative authority of the government. on
its own terms, and at its own discretion
Ii representation in congress and partici-
/ patton in the government were simply
privileges conferred and held by favor,
this statement might have the merit of
plausbllity ; but representation is, under
the constitution, not only expressly recog-
nlzcd as right, but is imposed as duty ;
and it is essential in both aspects, to the
existence OF the government, and to the
maintenance of its authority. In free gov
ernments, fundamental and essential rights
cannot be forfeited, except against individ-
uals, by due process of law; nor can con-
stitutional duties and obligations be dis
carded or thrown aside. The enjoyment
of rights may be for time suspended by
the failure to claim them, and duties may
be evaded by the refusal to perform them.
The withdrawal of their members from
congress, by the states which resisted the
government, was among their acts of in
| surrectiOn-was one of the means and
agencies by which they sought to impair
the authority and defeat the action of the
government; and that act was annuled
and rendered void when the instruction
itselfwas suppressed. Neither the right
of representation, nor the duty to be rep
resented, was in the least impaired by the
fact of instruction but it may have been
that, by reason of the Instruction, the
conditions on which the enjoyment of that
right, and the performance of that duty,
for the time depended, could not be fulfill
ed. This was, in fact, the case. An in
surgent power, in the exercise of usurpcd
and unlawful authority, had prohibited.
within the territory under it's control, that
allegiance to the constitution and laws of
the United States which is made, by that
fundamental law, the essential condition of
representation in its government.
No man within the insurgent States was
allowed to take the oath to support the
constitution of the United States, and as
necessary consequence, no man could law
fully represent those states in the councils
of the Union. But this was only an
obstacle to the enjoyment of the right and
to the discharge of duty; it did not an
nul the one or abrogate the other and it
ceased to exist when the usurpation by
which it was created had been overthrown,
and the states had again resumed their al
legiance to the constitution and laws of
the United States.
Second-But it is asserted, in support of
the authority claimed by the congress now
in possession of power, ii a. it flows direct
ly from the laws OF war; that it is among
the rights which victorious always confers
upon the conquerors, and which the con-
queror may exercise or waive in his own
discretion. TO this we reply. that the
laws in question relate solely, SO far as the
| ntnr ,nI 30
waged between alien and independent ma
tlons, and can have no place or force in
this regard, in war waged by govern
ment to suppress aninsurrection of its own
people, upon its own soil, against its au-
thorty. If we had carried on success
full war against any foreign nation, we
might thereby 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 jurisdiction
| over the soil of the southern states, limit
! ed only by our own constitution. Our
laws were the only national laws in force
upon 1t. The government of the United
States was the only government through
which these states and their people had re-
lations with foreign nations and its flag
was the only flag by which they were rec
ognized or known anywhere on the face
| of the earth.
In all these respects, and in all other re-
spects involving national interests and
| rights, our possession was perfect and COM
| pete. ltdidnot need to be acquired, but on
~ maintained and victorious war against
the rebellion could do nothing more than
maintain it. 1t could only vindcate and
re-establish the disputed supremacy of the
constitution. 1t could neither enlarge nor
diminish the authority which that consti-
| tuition conlers upon the government, by
! which it was achieved. Such an enlarge
ment or abridgement of constitutional
power can only be effected by the amend
ment of the constitution itself; and such
amendment can be made only in the modes
which the constitution itself prescribes.
The claim that the suppression of an in
surrectiOn against the government gives
additional authority and power to the gov
eminent especially that it enlarges the ju-
risdiction of congress and gives that body
the right to exclude states from represent
alton in the national councils, without
which the nation itself can have no au-
thority and no existence, seems to us alike
at variance, alike with the principles of
the constitution and with the public safety
Third-But it is alleged that in certain
particulars the constitution of the United
States fails to secure the absolute justice
and impartial equality which the princi-
pies of our government require: that it was,
in this respect, the result of the compro-
misses and concessions, to which, however
necessary when the constitution was form
ed, we are no longer compelled to submit !;
and that now, having the power through
successful war and just Warrant for its
exercise in the hostile conduct of the in
surgent section of the actual government
OF the United States may impose its own
conditions, and make the constitution con-
form in its provisions to its own ideas of
equality and the rights of man. Congress,
at its last session, proposed amendments
to the constitution, enlarging in some very
important particulars the authority of the
general government over that of the seye-
raj states, and reducing by indirect dis
reimbursement the representative power of
the states in which slavery formerly exist
ed and it is claimed that these amend
ments may be voted as parts of the origin
al constitution without the concurrence of
the states to be most seriously affected by
them, or may be imposed upon those states
to be most seriously affected by three
fourths of the remaining states, as condi-
tons OF their re-admission to representa-
ton in congress and in the electoral col
lege.
1t is the unquestionable right of the peo-
pie of the United States to make such
changes in the constitution as they, on due
deliberation, may deem expedient; 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
self-goyernment and of equal rights, which
lie at the basis of our republican institu-
tons. We deny the right of congress to