The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1866-08-30

iSoSiltdliolI III OOllS 1888 anu I'tTtlClpdllO
in the government were simply privil-
eyes conferred and held by favor, this
statement might have the merit of plaus
ibiiity. But representation is,under the
constitution, not only expressly reeog-
nized as right, but it is imposed as a
duty; and it is essential in both aspects
to the existence of the government and
to the maintenance of its authority. In
free governments fundamental and es-
sential rights cannot be forfeited, except
against individuals by due process of
law; nor can constitutional Obligations
be discarded or laid aside. The enjoy
ment OF rights may be for q time sus-
pended 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 general government
Was+amOng the acts of insurrection-was
one 81 the means and agencies by which
they1sought to impair the authority
and defeat the action OF the government,
and that act was annuled and rendered
void when the instruction itself was
suppressed. Neither the right of repre-
sentation nor the duty to be represented
was in the least impaired by the fact OF
instruction; but it may have been thai
by reason OF Instruction the conditions
on which the enjoyment of that right
and the performance of that duty for
the time depended could not be fulfilled.
This was, in fact the case. Aninsurgent
power, in the exercise of usurped and
unlawful authority in the territory un-
der its control, had prohibited that al
legianee to the constitution and laws OF
the United States which is made by
that fundamental law the essential CON
Il
ment. No man within the insurgent
States was allowed to AXE the oath to
support the constitution of the United
States, and, as a necessary consequence,
no man could lawfully represent those
States in the councils OF the Union.
But this was only an obstacle TO the ell
joyment Of the highland to the discharge
of Il duty-it did not annual the one nor
abrogate the other; and it ceased to eX-
list when the usufpatien by which it WAS
created had been ..VerthroWn, and The
States had again resumed their allesi
ance TO the constitution and laws OF the
United States.
1Secoad-But it isasserted, in support
Of the authority claimed by the Congress
now in polsession Of power, that it flows
directly from the laws Of Wa :: that it is
among The rights which victorious war
always confers upon the eoHquerors,
and which the coiQueror may exercise
or waive in his own discretion. go this
we reply that the laws ia question re-
late solely, SO far as the rights they CON
fer are eoeernea, to wars Waged be.Ween
alien and independent nations, and can
have no place or force iii this regard iii
a war Waged hy Il government 10 sup
press an ii6urTeeiios Of It's own people,
upon its own soil, against It's authority.
live had carFiedon successful Waragainst
anyforeign nation we niYht thereby have
acquired possession and jurisdiction of
tlieirsoil, with therig ht toentorueou our laws
upon their people and 10 impose upon
them such laws and such obligations as
we might choose. But we had before the
war complete jurisdiction over the sol
of the Southern States, limited only by
our own constitution. Our laws We're
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 rela-
tions with foreign nations, and its flag
by which they We're recognized Or known
anywhere Oh the face of the earth. In
all these respects, and ia all other re-
spects involving national interests and
rights, our possession was perfect and
complete. itdid not need to be acquired,
but only to be maintained; and victori-
GUS war against the rebellion could do
nothing more than maintain it. 1t
could only vintlicate and re-establish
the dispute d supremacy Of the constitu-
ton. 1t could neither enlarge Or dimin-
ish the authority which that constitu-
ton conters upon the government by
which it is achieved. Such an enlarge
ment or abridgment Of constitutional
power can be effected only by amend
ment Of the constitution itself, and such
can be made only in the
modes which the constitution itself pre-
scribes. The claim that the suppression
OF an instruction against the govern
ment gives additional authority and
power to that government, especially
That il enlarges she jurisdiction OF TOM
gress ans! gives that body the right 10
exclude 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 consti
tuition and with the public safety.
Yhrd-But it is alleged that in certain
particulars the constitution the United
StafpS taiiS 10 secure. that absultIte ms I