The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-12-04

Vhly pnui,ssv,llvvi ous thulAaVluule. Soh'
gresa submitted an amendment o. the
Constitution 70 DC ratnea ,py the Southern
states, AND accepted theif acts OF ratihca.
tion asa necessafy and lawtal exercise Of
Lneil nlgnest ianShon. " tney were mot
sAtesi or were Staeea Out o. the Union,
tns,f consentLe 9 cnange IN the iundamen-
tai Jaw Of the Union would have been nuga'
10Y ana Congress- IN asking II, com.
mluea polltcal aosurdity The Judi
ciary mas also gwen the solemn sanction
OF iA authority 70 the same view OF the
case Inc Judges OF the supreme Court
nave included the Southern States in their
cireqits, and they are constantly, ~ 69te
a9q ELSEWHERE exeselaing Jurisdiction
whch does not belong 70 them, unless
th3se states are States OF the Union.
II the Southern states are component
paris oil the Union, the Constitution Is the
supreme law tor them, as " 1s Tor all the
other States. They are bound 70 obey 1t,
and SO are we. The right Of the Federal
Government which y clear and unques'
tlona6le, 10 enforce the Consultation upon
them, implies the correlatiye obligation
on our part TO observe its limitations and
execute lis guarantees; Wltnoat the Con
stltution we are nothingi by, through,
and under tho Constitution We are what Y
makesus, We may doubt the wisdomof
the law, we may not approve ofits provi'
sionS, but We cannot violate it merely be-
cause It seems to eoniine our powers
within limits narrower than we could wish.
1t is not question of individual, or class,
or sectional Interest, much less OF party
predominance, but of duty-of high aud
sacred duty--which we are oil sworn to
perform. II we cannot support the Con.
sthtlon with the cheerful alacrity OF those
who love and believe in It, we must give
to it at least the fidelity Of public servants
who act under solemn obligations and
command which they dare not disregard.
The constitutional duty is not the only
one which requires the states to be restored
There is another consideration which,
though Of minor importance, is yet Of
great weight On the 22d ddy.of July,
1861, Congress declared, by an almost
unanimous vote Of both Houses, that the
war should be conducted solely for the
purpose Of preserving the Union, and
maintaining the supremacy of the Feder-
al Constitution and laws, without impair.
ing the dignity, equality, and rights OF the
States or Of individuals, and that when
this was done the war should cease. | do
not say that this declaration is personally
binding on those who joined in making it,
any more than individual members Of
Congress are personally bound to pay a
public debt created under law for which
they voted. But It was solemn, public,
othclal pledge oil the national honor, and
cannot imagine upon what grounds the
Reputation OF 1t Is to be justified. II ii
be said that We, are not bound to Keep
taith with rebels, let 1t be remembered
that this promise, was not made to rebels
only; Thousands Of true men IN the
South were drawn to our standard 6y II,
and hundreds OF thousanes IN me NORTH
gave their liyes ~ the oellei that II would
oe carried out. IL was mage on the aay
.ses S"e % cue IESs S tsI. ~. Os''e II sns WI @ na
SyeI aI,;s .Osus St So. II 1900; s y
is:ens Hea 'ae" 90" sHe .S use1s y
Ss ssS sSen Z" ,,a sa ia oseSeu T., N.
n.s s.,as ".s"ou. ~ sue W." uo" TG 'ua ~ US us,
aSssr " 9us Sauss .,aa.;, S, Hxsh oi enH'
assuEaIss sL ..is.; III .Ie S eAele VI ouf PERI,
tae S.o'aslOn 'a u ~ ~ INV; ~ we u =. @ ~,
Poms'i mTu.I VI I1In tHHe ,te teu"s y. Ina snn,
sooS ,a'.u winch .o nous VIC e,iI 'ta on.,. "o.u y.
oe'net ., ~. eo ''uan 0 aaaejass. sase " y
nase say SiGIiI upoH sue vo1nueiieS ns, .,
S, tnHn " w, mouAS Una naHe ''o ""' "o' 0"'S
'"'Iule' 'us ''"au'
being sincerely convinced that these
views are correct, would DC untalthiul tc
my outy Il ! dlo not recommend the
repeal OF the acts OF Congress which
place ten OF the southern States under
tue DOMINATION OF military masters. II
calm retecuon sha!i satisty majority ol
your honorable bodies that the acts re-
ierred 70 are NOT only = violation OF the
national ta''h' out IN direct contct With
the Constitutions | dare not permit my
sell 70 douos that you VIII Immediately
strlSe them from the statute oook.
To demonstrate the unconstitutional
character Of those acts, | need do nc
more than refer to their general provi
sions. 1t must be seen at once that they
are not authorized. To dictate what al,
terations shall be made in the Constitu.
tons of the several States; 10 control
the elections of State legislators and
State officers, members Of Congress and
electors Of President and Vice President,
by arbitrarily declaring who shall vote
and who shall be excluded from that priv.
ilege; 10 dissolve State legislatures or
prevent them from assembling; TO dis.
miss judges and other civil fnnctionaries
Of the State, and appoint others without
regard to State law TO organize and on.
crate all the political machinery of the
States; to regulate the whole admins.
tration of their domestic and local affairs
according to the mere will Of strange and
irresponsible agents, sent among them
for that purpose-these are powers not
granted 10 The Federal Government or Ia
any one of its branches. Not being
granted, we violate our trust BY assuming
them as palpably az we would by acting
in the face Of a positive interdict: fn1
the Constitution forbids us 10 do wbat.
ever il does not a(firmatiyely authorize
either BY express words or by clear imnli.
cation. If the authority we desire 10 nae
does not come TO us through the Cons,i,u.
ton, we can exercise II only by usurpa.