The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1866-08-31

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power it can ever possess is that which is
conferred upon it, either in express terms
or By far and necessary implication, by
the constitution Of the United States. Ii
was that, however, and that authority
which the rebellion sought TO overthrow ;
and the victory of the federal arms was
simply the defeat of that attempt.
TIE government of the United States
acted throughout the war on the defensive.
1t sought only to hold possession of what
was already its own. Neither the war
nor the victory by which it was closed
changed in any way the constitution OF
the United States. The war was carried
on by virtue of its provisions, and under
the limitations which they prescribe, and
the result of the war did not either en-
large, abridge, or in any way change or
affect the powers it confers upon the fed
erai government, or release that govern
ment from the restrictions which 1t las
imposed. The constitution Of the United
States is to-day, precisely as it was before
the war, the supreme law Of The land,
anything in the constitution or laws OF
any state to the contrary notwithstanding
To-day, also, precise as before the war,
all the powers not conferred by the con-
sitution upon the general government,
nor prohibited by it to the states, are re-
served to the several states, or to the PEG
pie thereof This position is INDICATED,
not only by the essential nature Of our
government and the language and spirit
Of the constitution but by all the acts and
the language of our government in all its
departments, and at al! times from the
outbreak OF the rebellion to lis final overs
throw. In every message and proclama-
ton Of the executive, it was EXPLICITLY
declared that the sole object and purpose
Of the war was to 4" malutaln the authority
Of the constitution and to preserve the
integrity Of the Upion;" and congress
more than once reiterated this solemn
declaration, and added the assurance that
whenever that object should be attained
the war should cease" and all the states
should retain their equal tights and Dig
nifty unimpaired. 1t Is only since the war
was closed that other rights have been
hSSGi leu III bSliiIi oiC TX RI U! t!-C
general government. 1t has been pro-
claimed by congress that, in addition to
the power conferred upon it by the consti-
tntion, the federal government may now
calm over the states, the territory, and
the people, involved in the Instruction,
the rights Of war, the rights of conquest
and of conf cation; the right to abrogate
all existing governments, constitutions and
laws, and to subject the territory conquer
ed, and its inhabitants, 10 such laws, reg
nations, and deprivations as the legisla>
tive department Of the government may
see fit to impose.
Under this broad aud sweeping claim,
that clause of the constitution which pro-
yidas that no state shall, without its con,
sent, be deprived of its equal suffrage IN
the senate of the United States has been
annulled. Ten states have been refused,
and are still refused, representation alto,
gether in both branches of the federal
congress and the congress in which only
a part of the states and of the people OF
the Union are represented has asserted
the right thus to excl ude the rest from
representation, and from all share in max
ing their own laws and choosing their
own rulers, until they shall comply with
such conditions and perform such acts as
this congress, thus composed, may itself
prescribe That right has not only been
asserted, but it has been exerci sed, and is
practically exercised at the present time
No: does it find any support in the
theory that the states thus excluded are
in rebellion against the government, and
are therefore prec,uded from sharing it:
authority. They are not thus in rebellion
They are one and all, in an attitude Of
loyalty towards the government and OF
sworn allegiance to the constitution Of the
United States, Ia no one of them is there
the slightest indication of resistance lo
this authority, or the slightest protest
against its just and binding obligation
This condition Of renewed loyalty has
been officially recognized by common
proclamation Of the executive department
The laws Of the United States have been
extended by congress over all these states
and the people thereof. Fedora. courts
have been reopened, and federal taxes
imposed and levied and in every respect
except that they are denied representation
in congress and the electoral college, the
states once in rebellion are recognized as
holding the same position, as owing the
same obligations, and subject to The same
duties as the other states of our common
Union. 1t seems to us. in the exercise O
the calmest AMI most candid judgment We
can bring on the subject, that such {
claim, so enforced, involves as fatal AT
| overthrow of the authority Of the cousLi
tuition, and as complete destruction o
the government and Union, as that whic |
was sought to be effected by the states
and people in armed insurrection agains
them both.
It cannot escape observation that The
power thus asserted to exclude celtar
states from representation, is made TO res
wholly in the will and discretion of The
congress that asserts it. 1t is not made
to depend upon any specified condition:
or circumstances, not to be subject to any
rules or regulations, whatever. The right
asserted and exercised is absolute, without
qualification or restr elton not confined
to states in rebellion, nor to states that
have rebelIed. It is the right Of congress
in formal possession Of legislative author
ity, to exclude any state or states, anC
any portion Of the people thereof, at any
!