The Placer herald., 1866-09-01

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tuition confers, but acquires thereby no new
power, either Of territorial possession or civil
authority, which it did not possess before the
rebellion. All the righ,fuI power it can pos
sess is that conferred either in express terms
or by the fairest necessary implication BY
the Constitution. 1t was. that power and
that authority which the rebellion sought IA
overthrow. The victory of The Federal arms
was simply the defeat Of that attempt. The
Government throughout acted on the deten
sive. 1t sought only to hold possession Of
what was its own. Neither the war nor vic
tory changed the Constitution. The war
was carried on by virtue of it's provisions and
under the limitations which they prescribe.
The result Of The war did not enlarge,
abridge or change. or affect the powers or
release the Government from the restrictions
which were imposed by the Constitution. 1t
is to day as it was before the war-the su
preme law of the land, the constitution or
laws of any State to the contrary no,hwith,
standing and all powers not conferred by the
Constitution upon the General Governme ent
nor prohibited by it to the States, are reserv.
ed to the several States.
This position is vindicated not only by the
essential nature Of our government and the
language and spirit Of the Constitution, but
by all IT'S acts in its several departments. and
at all times from the outbreak Of the rebel
lion to its close. In every message and pro.
camation oflhe Executive, it was expressly
declared that the object of the war was to
maintain the authority Of the Constitution
and preserve the Unifn; and Congress more
than once reiterated this solemn declaration,
and added the assurance that
whenever that object was attained, war
should cease and all the States should retain
their equal rights and dignity unimpared. 1t
| is only since the war has closed and our
rights have been asserted on behalf Of one
of the departments Of the General Gov
ernment, that it has been proclaimed by
Congress that in addition 10 the powers con
ferred upon j: by The Constitution, the Fed
States, the territory and the people involved
10 the insurrection, the rights of war, the
right of conquest and con6scation-the right
20 abrogate all existing governments in the
States and Territories; to subject the terrific
ry conquered to such laws, regulations and
deprivalions as the legislative department Of
the Government may see fit to impose.
Under this sweeping claim, that clause of
the Constitution providing that no State
| shall, without its consent, be deprived of its
equal suffrage in the Senate of the United
States, has been annulIed, and ten States
have been refused representation in Con-
gress, and the Congress in which only part
OF the States and people are represented, has
asserted the right thus to exclude the rest
from representation and from all share in
rulers until they comply with such condi'
tions and perform such acs as this Congress,
thus composed, may prescribe. That right
has not only been asserted but exercised, and
practically enforced.
Nor does it find any support in the theory
that the States thus excluded are in rebellion
aud, therefore, precluded from sharing the
authority Of the Government. They are not
thus in rebellion. They are not thus in re'
belion. They are in an attitude OF loyalty
to the Government and have sworn allegi.
ance TO the Constitution. In no one Of them
is there The slightest indication of resistance
TO the authority of the Government, or pro-
test against its just and binding obligations.
This condition Of loyalty has been officially
recognized by the proclamation of the Pres
ident. The laws Of the United States have
been extended by Congress over these States;
the Federal taxes have been levied, and in
every respect except that they are denied
representation, the States are recognized as
holding the same position. owing the same
obligations, subject TO The same duties rs
other States. II seems 10 US, in the exercise
of the most calm and most candid judgment
we can bring TO the subject, that such
claim, so enforced involves as fatal an over
throw of the authority Of the Constitution
and as complete destruction OF The Govern
ment and Union, as that sought to be effect
ed by the States 10 armed nsurrectiop.
But it cannot escape observation that the
power thus asserted to exclude certain States
from representation is made TO rest wholly
on the will and discretion Of the Congress
that asserts it. 1t is not made to depend
upon any specified conditions, nor subject to
anv rules or regulations otherwise. Inc
right asserted and exercised is abso'ute'
without qualification or restriction, and is
not confined to States in rebellion nor 10
States that have rebelled. 1t is the right OF
any Congress in formal possession o. 's 'eg
isa,ive authority to exclude any State OF
States, and any portion Of the people there
Of, at any time from from representation IN
Congress and the electoral college at It's own
discretion, and until they shall perform sucn
acts and comply with such conditions as II
may dictate. The reasons for such exc'u'
sion being wholly without discretion Con
gress may change them as Congress ',sel
shall change. One Congress may exclude
State from all share Of the Government fol
one reason, and that removed, the next Con
+ oress NAV exclude it for another one.
State may be excluded on one ground to-day
and on another tomorrow. Northern as
, ceudancy may exclude Southern States from
, one Congress; Western or Northwestern, OF
both combined, may exclude Northern OF
, Eastern States from the next Congress. I'm
. nrohabla IA such assertions may seem TO be