Year: 1866




and the Cabinet.


Your committee does not deem it either
necessary or proper to discuss the ques-
ton whether the late Confederate States
are still States of this Union, or can ever
be otherwise. Granting this proftless
abstraction, about which so many words
have been wasted. it by no means follows
that the people Of those States may not
place themselves in condition to abro-
gate the powers and privileges incident
to State of the Union, and deprive
themselves of all pretence of right to ex.
ercise those powers and enjoy those priv
ileges. A State within the Union has
obligations to discharge as a member of
the Union. 1t must submit to Federal
laws and uphold Federal authority. 1t
must have government, republican in
form, under and by which il is connected
with the General Government, and thro'
which it can discharge its obligations
1t is more than idle, it is mockery, to
contend that people who have thrown
of their allegiance, destroyed the local
government which bound these States to
the Union as members thereof, or deied
its authority, refused to execute its laws,
and abrogatcd every provision which
gave them political rights within the
Union, still retain through all, the per-
feet and entire right to resume at their
own will and pleasure all their privileges
within the Union, and especially to par
ticipate in its government, aud to control
the conduct of its affairs. To admit such
principles for one moment would be to
declare that treason is always master and
loyalty blunder. Such principle is
void by its very nature and essence, be.
cause inconsistent with the theory of
government and fatal to its existence.


On the contrary, we assert that no por-
tion of the people of this country, wheth-
er in State or Territory have the right
while remaining on its soil to withdraw
from or neglect the authority of the Uni.
ted States. They must obey its laws as
paramount, and acknowledge its jurisdic-
ton. They have no right to secede and
while they can destroy their State govern
ments and place themselves beyond the
pale of the Union, sa far as the exercise
of State privileges is concerned, they
cannot escape the obligations imposed
upon them by the Constitution and the
laws, nor impair the exercise of national
authority. The Constitution, it will be
observed, does not act upon the States, as
such, but upon the people. While,
therefore, the people cannot escape its
authority, the States may, through the
act of their people, cease to exist in an
| organized form, and thus dissolve their
political relations with the United States
That taxation should be only with the
consent of the people, through their own
representatives, is cardinal principle of
all free governments, but it is not true
that taxation and representation must 60
together under all circumstances and at
every moment of time. The people of
the District of Columbia and of the Ter.
ritories are taxed, although not represent.
ed in Congress. IF it be true that the
people of the so-called Con federate States
have no right to throw off the authority
of the United States, it is equally true
that they are bound at all times to share
the burdens of the government. They
cannot either legally or equitably refuse
to bear their just proportion OF these bur.
dens by voluntarily abdicating their rights
and privileges as States Of the Union and
refusing to be represented in the councils
of the nation, much less be rebellion
against national authority and levying
war. To hold that by so doing they
could escape taxation, would be to offer a
premium for insurrection. To reward in
stead of furnishing treason. To hold that
as soon as Government is restored to its
full authority, it can be allowed no time
to secure itself against similar wrongs in
the future, or else to omit the ordinary
exercise of its constitutional power to
compel equal contribution from all toward
the expenses Of the Government, would
be unreasonable in itself and unjust to
the nation. It is sufficient to reply that
the loss Of representation by the people
of the insurrectionary States was their
own voluntary choice. They might aban-
don their privileges, but they could not
escape their obligations. And surely
they had no right to complain, if before
: Fesuming their privileges, and while the
people of the United Stetes are devising
means for the public safety, rendered. nec-
essary by the act of those xho thus dis
franchised Themselves thew are cOmpel-