The Daily empire. (Dayton, Ohio) 1865-1867, 1866-08-22
THE DAILY EMPIRE.
a. Fl. ROBINSON,
PUBLISHER AND PROPRIETOR.
YHE PHILADELPHIA CONVENTION
THE ADDRESS ADOPTED.
The Appeal to the People.
Address 20 the People of the United
States.
[CoNTINuEp.l

CONTINUED.
We need not stop TO show that such action
not only finds no warrant i'm the ConstittI-
tion, but is at war with every principle OF
our Government and with the very exist
ence of free Institutions. 1t is. indeed. the
/ identical practice which has rendered fruit
less all attempts hithertc to establish and
maintain free governments in Mexico aid
! the States OF South America. Party necs-
| sities assert themselves rs superior to the
| fundamental law, which is set aside in
reckless obedience to their behests. Stabil-
| ity, whether in the exercise ofpower IN the
administration of government, or in the
enjoyment of rights becomes impossible
and the conflicts of party, which. under
CONSTITUTIONAL governments, are the con
ditions and means Of political progrcss are
merged in the conflicts If arms to which
they directly and inevitably tend
1t was against this peril. so conspicuous
and so fatal to all free governments. that
our Constitution was intended especially to
provide. Not only the stability, but the
very existence of the Government is made
by its provisions to depend upon the right
and the fact of representation.
tu RIGHT OF REPRESENTATION.
The Congress, upon which is conferred
all the Legislative power of tho National
Senate and House nf Representatives, whose
joint concurrence or assent is essential to
| the validity of any law. OF these. the
| House of Representatives. says the Consti-
tuition, (article l, section 2,) ''shal be COM
posed of members chosen every second
year by the people of the several States"
Not only is the right of representation thus
recognized as possessed by all the States,
and by every State without restriction,
qualification or condition of any kind, but
the duty of choosing representatives is inI-
| posed upon the people of each and every
State alike, without distinction, or the au-
thOrity to make distinctions among them.
for any reason or uloit any grounds what
ever. And in the Senate, SO careful is the
Constitution to secure TO every State tlis
right of Representation it is expressly tro-
vided that mo State shall. without its con-
sent. be deprived of its equal suffrage in
| that body, even by an amendment of tic
Constitution itself.
When, therefore, any State is cxclule :!
from such representation, not only is n
| right of the State denied Int the constitu-
tional integrity of the Senate Is impaired,
and the validity of the Government itself
is brought in questi n. But Congress at
the present moment thus excludes from
representation, in b.th branches of Con-
| gress, ten States Of tic Union, lcuyip@
them all share in the enactment of laws by
which they are to be COVER c'i, and all par
ticipation in the election of the rulers by
which those laws are to be eff reed. Ia
| other words, Congress IN which only
twenty-siX States are represented. asserts
the right to govern, absolutely and in its
own discretion, all the thirty-siX States
which compose the UniOn-tO make their
laws and choose their rulers. and to cX-
clude the other ten from all share i'm their
own government until it sees fit t., admit
them thereto. What is there to distinguish
the power thus asserted and exercised
from the most absolute and intOlerable tyr
amy?
| PRIVILEGE OF CITIZENSHIP RESTORED.
| 4. Nor do these extravagallt and unjust
claims on the part of Congress to powers
and authority never conferred upLn the
Government by the Constitution iinl any
warrant in the argumcntsor excuses urged
on their behalf 1t is alleged,
First, That these States, by tic act of
rebellion and by voluntarily with lrawing
their members from COn.rcss forfeited
their right of representation and that they
can only receive it again at the lands 0f
the supreme legislative authority of the
Government, on its own terms AM mt its
own discretion. If representation III Con-
gress and participation in the Government
were simply privileges conferred and helL
by favor, this statement might have the
merit of plausibility. But representation
Il under the Constitution not only express
y re, ognized as n right bnt it is imposed
ms duty and IL is essential In botlI as
poets to the existence of the Government
and to the maintenance of its authority. In
free governments fundamental and essen
tial rights can not bU forfeited, except
against individuals by the due process of
law ; nor can constitutional duties and OBJ
legations be discarded or lai aside, The
enjoyment of rights may e for time sus-
pended by the failure to claim them. and
the duties may be evadcd by the refusal to
perform them.
The Withdrawal OF their members from
Congress by the States which resisted the
General Government WAS among their acts
of insurrction-was ore of the means aad
agencies by which they sought TO impair
the authority and defeat the action of the
Government; and that act was annulled
and rendered void when the iusurrcetion
itself was suppressed. Neither the right of
representation nor the d,iuy TO be reprusen-
ted was In the least Impaired by the fact of
iIisurrection; but 1t may have been that by
reasOnu of the insurreotion the conditions ON
which the enjoyment of that rignC. ard the
performance of that duty for the time de- |
pended could not be fuiflled. This was in
fact the case. An insurgcnt power, In tic |
exercise of usurped and unlawful authvIi- !
ty, had prohibited within the territory un- !
der its control, that allegiance {, tic Con- |
stituti,n aud laws of the United States |
whioh,is by that fnnlamcrtal law the os-
sential condition of representation In It's
Government. No man within the iusur- |
gent States was allowed to take She oath to |
support the Constitution Of tile United |
States, and. rs necessary consequence, 10 |
man c0ul'l lawfully represent iliOsc States |
in the councils of the Union. Bnt this was |
only an obstacle TO the enjoyment of the |
right and to the discharge ia dtty-it did |
not annul the one nor abrogatc the other; |
and it ceased ttcNist when the usurpation |
by which il was created had been over |
thrown, and the States hal again resumed |
their allegiance D. the Constitution and
laws of the United stairs.
THE REBEIIIoN AN INSTRUCTION.
Seconl--Rnt IL Is assnrti.il In snnrnrk OF