The New York herald., 1867-04-06

entitled 70 representation In the Senate and House Of
uIats the rgns Of suffrage socordas to the WIN Of Con-
gress shall be forever excluded from the Union -Four
OF the States whom this power attempted TO be
70 be exercised, are among the States which
were admitted under unsltersbe'' and sirrsyocabls'
compacts, made binding aud conclusive on this
=. :sS s
be ~ they were into the union the same
sossosp Is tn this us II % ssssacnuss &C @ and New
York may regulate the right OF suffrage now and in
s time hereafter within sheir limits q .hstr psssurs
readmted which Congress regulates dictates
the right Of suffrage, and exercises other powers
merely subordinate provinces and In fact and in
contemplation OF the constitution, not State OF the
same foo,ns sita ne original states IN III respects what
soever" there anything clearly required by the
the states Congress cannot dscrminate among States
In the exercise or ts constitutions powers IL
suffrage and not another II cannot say certain class
shall vote now and IN one state but may remain
excluded in another 8t"'7
II Congress may discriminate among states on .
question vital a. the right OF suffrage. u may thus
discriminate in all cases whatsoever yielding TO GER
tain States all their rights under the institution and
deprivng other states OF ell most Of such rights
leaving them states In name only. A State cannot rs-
bel, IL cannot commit treason any other crime
A State cannot be Q traitor, nor il be
tried or punished a. such, or subjected 10 any
whether few many whether . minority or . ma.
jorty, may commit treason and those who have
SR o. oad nss X.
scribed by the constitution, be punished traitor9
But those Of any state North soash who true
and loyal cannot be punished, much less can they
be degraded from citizens OF State 10 citizens
Of Territory, expelled from the Union, taxed
trial by jury, Of all the rights secured by the
stitu,ion. and subjected 10 military rule. III.
would be contrary TO the constitution, and repug-
nant every principle Of Law and Justice suppressng
and the results entirely dissmllar In the latter
the whole people, including even friends, by
such they allegiance TO their own gov
ernment. But here the whole people Of every state
Hence the loyal men are not nor can they be treated
as public enemies, and contrary doctrine would
be equally unconstitutional uuwise and unjust
Throughout this conflict the cones. has been uniformly
conducted by Congress, not as making State,
state Du, only as the
constantly regarded States OF the Union They
80 unanimously declared BY Congress after the secession
OF arms, and the idea Of conquest, or subjugation, or
expuson from the Union distinctly repudatsd Repre-
sentatves in the Senate and IN the House from these
States, and after these events, were still admitted
without question: representation In Congress was as
apportoned among them as States and have been COL
lected district and Supreme Court Judges as'enc
them as States and other officials the action OF State
Lsg slatures long after the rebellion still recognized
and especially n the assent Of the legislature Of tho
state Of West virginia Amendments Of The constituon
OF the United States have been submitted 70 their ato
ans IN on. case least The on q such
Lsgsatur distinctly recognized By Congress- and her
s1s ss.d M ss: En-. o. % va. :. z
tribunal distinctly committed 70 their recognition -
e. me .roe o.a k,q " =; bu
6ase could b rebe IN is corporate capaesty.
sSs . s @
AZ popular .::.asssss ssy,ss e ~! :. ss:...s
ths = sslisd oostsasssis osas1sas, q .as rsssad :
f.sssc " oorssssS rstsssd s g s:sssiss @ 80
: bsllosesns and uniformly prnlss(sd aGsaas tssaP
s:as :: ssss - ss g !: sn ~
ciai proceedsgs abroad stncs she coss a ~ rsei-
jsss % Is: russ % q coasu: .soS sssssss [ ss.ss
II the insurgents really we're bsiserenss and sn thels
SsSS Sss : ss.sS % :. 9 ::
and on what principle 90 We claim esmase for hs e.
P,sdasions q ne Aan.n. and S.h:s s:ssl ess:s:f :
their wnols people public enemies" and they
conquered provinces Sy VIA. principle se.ins .pon
pssoDS and property, DO ~s Fspudsss 6sir deSss now
amounting 70 billions Of doll.rsf Upon the suppression
ven settled principle Of n.snationa law tha. in case
or ~ q o ss
u upon him % By she - constitution and iss laws, hes long
since and long before the passage OF these rsoog
~ Dc .s: citizen has been
arrayed against the government There has been NOT
sssn % ss y
under the authority Of the constitution and the laws
Congress does not recognze any war or rebellion e now
il speaks Of the States lately in rebellion" This
conclusive admission BY conSress and fully confirms the
nov nov psndns We are, fsr ss the rights o States
pnAA tn n( yrf0 ma
peace. As there is war rebellion martial law
not be proclaimed or the habeas corpus suspended
vii Without saidass or life liberty and properly taken
without due Of law States reduced TO territorial
again i State we have seen. was Distinctly refused BY
the trainers OF the constuton nor has Congress ever
State holds It's place in the Union i power Of local self
government its right certain number OF represents
~ ved 70 M uy pe 70 the
equal n the Senate OF the United Stsse
Bat sccorans % The sesn en- Al
but by tho feeble and precarious tenure Of the vii q
Congress and act. Of cousrs:s are ,'she ssprsms hw
Congrsss pleasure could exclude STATE from the
Union the consttution would never have besn ra.insd
Psnn;yivanis. or virginia MASSACHUSETTS, sappossd
Chat Congress might is pleasure exclude them nom
rues S" And this power 70 exclude states from the
Union existed whom the Constitution vas framed how
the constitution could excluded from the Union how
wsrc they ever 70 get backf
The only provision on this subject " 70 be found in
the r clause OF the third section fourth article Of the
Constitution "New States may be admitted BY the Con-
rres- into this Union" &c. There 70 no provision Tor
the rssdmission Of any State that had once been .
STATE Of the Union The words 'new ssatss;' bat
were New York, Virginia, Massachusetts new States,
or would the term s'admittedr apply 70 any State
that had once been In the Union These terms,
ssnew sates' and admitted clearly apply 70 the
Introduction OF States that had been In the Union
Two or moro States might by their consent and that Of
Congress BE- admitted into the Union g one state but
this il by express provision the subject On looking
into the Articles OF Confederation Of 117s providing for
lhe admission Of Canada and other British colonies -
new States Of the Union, and on sxaminng
mission Of ave new states out Of tho North
west Territory. see what was the meaning
OF the words now statesn This In further illustrated
in the Madison papers, recording the proceedings of ho
convention which framed the federal constitution.
IA there shown that when this clause for the admission
Of nev Stntas was pcndipr IL was moved 10 cou0ne