Year: 1866

government of the United States in main
tenance of its own authority and in de-.
fense of its own existence, both Of which
We're menaced by the instruction which
it sought to suppress. The suppression
of that insurrection accomplished that
result. The government of the United
States maintained by force Of arms the
supreme authority over all the territory,
and over all the States and people within
its jurisdiction which the Constitution
confers upon it; but it acquired thereby
no pew power, no enlarged jurisdiction, mo
rights either of territorial possession OF
of civil authority which it did not pos.
sess before the rebellion broke out. All
the rightful power 1t can ever possess is
that which is conferred upon it, either in
express terms or by fair and necessary
implication, by the Constitution of the
United States. 1t was that power and that
authority which the rebellion sought to
overthrow, and the victory of the federal
arms was simply the defeat of that at
tempt. The government of the United
States acted throughout the. war on the
defensive. 1t sought only to hold pos
session of what was already its own. Nei-
ther the war, nor the victory by which it
was closed, changed in any way the Con-
stitution of the United States. The war
was carried on by virtue of its provis-
ions, and under the limitations which they
prescribe, and the result Of the war did
not either enlarge, abridge,o or in any way
change or affect the powers it confers up
on the federal government, or release that
government from the restrictions which il
has imposed.


The Constitution of the United States
is to-day precisely as it was before the
war, the supreme law Of the land, any
thing in the Constitution or laws of any
State to the contrary notwithstanding,
and to-day, also, precisely as before the
war. all the powers not conferred by the
Constitution upon the general govern
ment, nor prohibited by it to the States,
are reserved to the several States, or to
the people thereof


This position is vindicated not only by
the essential nature Of our government,
and the language and spirit of the Con
stitution, but by all the acts and the Ian
guage ofeour government, in all its de-
partments, and at all times from the out
break of the rebellion to its final over
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 maintain the authority
of the Constitution and to preserve the
integrity Of the Uniou;and Congress more
than once reiterated this solemn declara-
ton. and added the assurance that when.
ever this object should be attained the
war should cease, ,and all the States should
retain their rights and dignity unimpair-
ed. It is only since the war was closot
that other rights have been asserted OF
behalf of one department of the genera
government. 1t has been proclaimed by
Congress that, in addition to the powers
conferred upon it by the Constitution, ,ths
federal Government may now claim oEe'
the States, the territory and the people
involved in the instruction the rights O
war, the right of conquest, and of confs
cation, the right to abrogate all existing
governments, Institutions aud laws, sand t,
subject the territory conquered and it
inhabitants to such laws, regulations ant
deprivations as the legislative depart
ments Of the government may see fit Il


impose. Under this broad and sweepin,
claim, that clause of the Constitution


which provides that "no State shall with
out its consent. be deprived of its equa
suffrage in the Senate of the Unite'
States" has been annulled, and ten State


have been refused, and are still refused
representation altogether in both branch


es of the federal Congress. And the Con


gress in which only part Of the State


and of the people of the Union are rep


resented has asserted the right thus to ex


clude the rest from representation, an


from all share in making their owielaw


or choosing their own rulers until the


shall comply with such conditions an
perform such acts as this Congress thu


composed may itself prescribe. Thatrigh


has not only been asserted, but it ha


been exercised, and is practically enforc


cd at the present time. Nor does it FIN


any support in the theory that the State


thus excluded are in rebellion against th


government, and are therefore preclude
from sharing its authority. They ar


not thus in rebellion. They are, enc on


all, in an attitude Of loyalty toward th


government and of sworn allegiance {
the Constitution of the United States. I


no one of them is there the slightest in
dication of resistance to this authority
or the slightest protest agains. its jus
and binding obligation. This conditio
of renewed loyalty has been officially re


cognized by solemn proclamation of th
, Executive Department. The laws of th
United States have been extended b
Congress over all these States and th
, people thereof. Federal courts have bee
reCpened, and Federal taxes imposed an
levied, and in every respect, except th'
they are denied representation in Coz
gress and the Electoral College, the STATE
once in rebellion are recognized as holt
} ing the same position, as owning the san
) obligations, and subject to the same d.
f ties as the other States of our comme
: Union.


l 1t seems to us, in the exercise Of Il
calmest and most candid judgment we cs
bring to the subject, that such claim,
, enforced, involves as fatal an overtime
: of the authority Of the Constitution, al
e as complete destruction of the goyer
: ment and Union as that which was soug