The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-08-21

ed hy the fact OF insurrection; but it may have
b.en that by reason Of lhe insurrecton he condi-
tions on which the enjoyment of that light and tile
nerf,rnlapce of that duty for the time depended
cnn1d not be fulfilled This waa, in fact the case
An insurgent power, in tile exercise of the usurped
| and unlawful authority in the territnry under it's
CONTROL had prohi tied that allegiance to the Con-
stitution and laws Of the United States which is
made by that fundamental law the essential condi-
| ton OF repres in it's 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 lawfully 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 did not annul the one nor
abrogate the other; and it ceased to exist when
the usurpation by which 1t was created had been
overthrown, and the States had again resumed
their allegiance 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 pos
session of power, that it flows directly from the
laws of war; that it is among the rights which
victorious war always confers upon the conquer
ors, and which the conqneror may exercise or
waive in his own discretion. To this reply
that the laws in qnostion relate solely 80 far as the
rights they coLfer are concerned, to wars wAged
between alien AID independent nations, and can
have no place or orce,i tbisrpgard i'm war waged
by government to suppress an nsurrection Vt
ita own people, upon it's own soil, against it's au
thorty II we had carried on successful war
against any foreign hation Ne might thereby have
acquired possession aud Jurisdiction of their soil,
with the right to enforce our laws upon their pe,-
ple and to impose upon them such laws and s1c
obligations as we might choose But we had be-
fore the war complete jurisdiction over he il Of
the Southern States, limited only by our own Col-
stitutiou Onr laws were the OILY national laws
in force upon it. The Government of the United
States was the only Government through which
those States and their people had relations with
foreign nations, and its hag was the only nag
by which they were recognized or known any
where on the face Of he earth. ln all these re.
spects and i'll all other respects involving national
interests and rights, our possession was perfect
| and complete. It did not need to be acquired,
but only to ne ma'nta1ned ana victorious war
| maintain it, 1t could only vindcate and re-es ab-
lish the disputed supremacy It the Constitution
II could neither enlarge nor diminish tho authors
| ty which that Constitution confers upon. the
| Government by which it was achieved. Such nm
i enlargement or abrlgment OF constitutional
mower can be effected only by amendment OF the
Constitution itself, and such amendment can be
| made only in the modes which the Constitution
itself presoribes. The claim that the suppression
of an insurrection against the Government gives
ment, especially that it enlarges the jurisdiction
of Congress and gives that body the right to ex:
olude States from representation 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 Oonstltu-
tion and with the public safety.
Third: But it is alleged that In certain particu-
lars the Constitution OF the United states rails to
secure that absolute justice and impartial equali-
ty which the principles OF our Government re.
quire that it was in'these respects the result OF
Compromises and concessions to which, however
necessary when the Constitution was formed, we
are no longer compelled to submit, and that now,
having the power through suocessfu war and just
warrant for it's exercise in the hostile conduct OF
the insurgent section, the actual Government OF
the United States may impose it's own conditions,
and make the Constitution conform to all itspro-
visions to Its ideas Of equality and the rights of
man. Congress at it last session proposed amend
ments to the Constitution, enlarging u some very
| important particulars the authority OF the Gene
raj Government over that of the several States,
and reducing by indirect disfranohisement the
representative power Of the States in which slave
ry formerly existed; and it is claimed that these
| amendments may be made valid as parts OF the
! original Constitution, without the concurrence OF
the States to be most seriously affected by them,
or may bo imposed upon those States by three.
fourths of the remaining States, as conditions OF
| their readnlisainn to rapr5sTat1suI n GohsftA3
and in the Electoral College,
III is the uuauestiunable right of the people Of
| the United States to mako such changes in the
Constitution as they, upon due dellberatlon, 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 the
spirit OF that instrument, and with the principles
OF elf-goYernment aud of equal rights which lie
/ at the basis Of our republican institui ions We
deny the right OF Congress to MAKE these changes
i in the fundamental law, without the concurrence
of three -fourths OF all the States, including espe
oially those to be most seriously affected by them;
or to impose them upon States or people, as con-
ditioDs Of representation, or Of admission to any
of the rights, duties or obligations which belong,
under the Constitution, to all the States alike
And with still greater emphasis do We deny the
right Of any portion Of the States excluding
the rest of the States from any dhare in their
councils, to proppse or sanction changes in
! the Constitution which are to affect permanently
theirs political relations and oonttol or coerce
the legitimate action uf the several members
! OF the common Uuion Such IN exercise Of
power is simply an usurpation; just as unwar-
| rantable when exercised by Northern States as 1t
would be il exercised by southern, apd not to be
fortified or palattd by anything in the past his
Of those upon whose rights and liberties it is to
take effect. It fluids no warrant III the Constitu.
tion. It ia at war with the fundamental prinoi-
Piles of our form OF government II Tolerated III
one instance, it becomes the precedent for future
invasions OF liberty and constitutional right de-
pendent solely upon the will OF the purity in pos
session OF power, aud thus leads, by direct and
necessary sequence, to the most fatsl and ln-
tolerable Of all tyrannies-the tyranny OF shifting
and irresponsible political factions. tits against
this. the most formidable Of all the dangers
which menace the stability of free government,
that the Constitution OF the United States was
int nded most carefully to provide. We demand d
strict and steadfast Adhprence to it's provisions.
! In this, and in this alone, Can we ind basis OF
permanent union and peace.
Fourth But itiB .lleg4d, in justification OF the
| .rl,,o Al, tl,pon inn