Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1866-08-30

when the usufpstiou BY which it vas crea-
ted had been oeersbroHn, and the States
bad again resumed their allegiance TO the
constitution and laws of the United Stases
Second. But it is asserted, in support
of the authority claimed by the Congress
now in possession of power, that it flows
directly from the laws Of war; that it 10
among tho rights which victorious war al
ways confers upon the copquerors, and
which the oonqueror may exercise or waive,
in his own discretion To this we reply
that the laws in question relate solely, 30
far as the rights they confer are concerned,
to wars waged between alien and iudepend-
ent nations, and can have no place or force
in this regard in war waged by gosern.
ment to suppress an insurreotion Of Its own
people, upon its Own SOIL against its sn.'
thority If We had carried on successful
war against any foreign nation, We might
thereby have acquired possession and ju-
risdiction of their soil, with the right to
enforce our laws upon their people, and to
impose uron them such laws and such obi.
cations as We might choose. But We had
before the war complete Jurisdiction over
the soil of the Southern States, limited on
ly by our own constitution. Our laws were
the only 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 for
eign nations, and its flag was the only flag
by which they were recognized or known
any where on the face of the earth. In all
these respects and in all other respects in
volving national interest and rights, our
possession was perfect and complete: It
did not need to be acquired, but only to be
maintained, and victorious war against the
rebellion could do nothing more than main,
tain it-could only vindicats and re.estab.
lisb the disputed supremacy of the consti-
tuition. It could peither enlarge nor dimin.
ish the authority which that constitution
confers upon the government by which it
was achieved. Such an enlargement or a.
bridgment of constitutional power can be
effected only by the amendment of the
constitution itself, and such amendment can
be made only in the modes which the con.
stitution itself prescribes. The claim that
the suppression Of an insurrectiou against
the government gives additional authority
and power to that government, especially
that it enlarges the jurisdiction Of Congress
aud gives that body the right to exclude
States from representation in the national
councils, without which the. nation itself
can have no authority and no existence, it
seems to us is at variance alike with the
principles of the constitution and with the
public safety. -
Third.-But it is alleged that iu certain
particulars the constitution of the United
States fails to secure that absolute justice
and impartial equality which the principles
of our government require. That it was
in these respects the result of compromise
and concessions, to which, however neces-
sary when the constitution was formed, 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 insurgent section,
the actual government of the United States
may impose its own conditions and make
the constitution conform, in all its provisions,
to its Own ideas of equality and the rights
of man. =
Congress, at its last session, proposed a.
mendments to the constitution, enlargipg
in some very important particulars the au.
thority Of the general government over that
Of the several States, and reducing by in.
direct disfrauchiseueot the representative
power of the States in which slavery for
merIy existed And it is claimed that these
amendments may be made valid as parts of
the original constitution without the con.
currence of the States to be most seriously
affected by them, or may be imposed upou
those States by three fourths of the remain.
ing States as conditions Of their re admis.
sion to representation in Congress and in
the electoral college. -'.E@ '."".
1t is the unquestionable right to the peo.
pie of the United States to make such chan.
ges in the constitution as they, upon due
may deem expsdient. But we
insist that they shall be made in the mode
which the constitution itself points out in
conformity With the letter aud the spirit of
that instrument, aud with the principles Of
self-goverument and equal rights which lie
at the basis of our republican institutions
W. deny the right Of Congress to make
these changes in the fundamental law with
out the concurrence of three fourths, of all
the States, including especially those to be
most seriously affected by them, or to i'm.
pose them upon States for people, as conli
lions of represe utation 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 Wa
deny the right of any portion of the States
the rest of the States from any
share in their councils or to propose or sane.
ion changes in the constitution which are
70 effect permanently political relations and
,ontrol or coerce the Legitimate action of the
several members of the common Union
Such ak exercise of power is simply usur-
as unHarrantable when exer-
,ised by Northern States as it would be il
H. - h. co,ts