Year: 1866

the suppression OF an FnSuTTecIlou aSalAoe
the Government gives additional author
ity and power TO that Government, espe-
cially that it enlarges the jurisdiction OF
Congress, and gives that body the right
to exclude States from representation in
the national councils, without which the
nation itself can have no authority and
no existence, it seems to US is at variance
alike with the principles of the Consti-
tuition and with the public safety.


8. Butt is alleged that in certain par
ticulars the Constitution of the United
States fails to secure that absolute JUS
tice and impartial equality which the
principles of our government require.
That it was in these respects the result
ofcompromises and concessions, to which,
however necessary when the Constltu-
tion was formed, we are no longer COM
PEELED to submit, and that now, having
the power, through successful war, and
Just warrant for It's exercise in the hos
tile conduct Of the insu.gent section, the
actual Government of the United States
may impose it's own conditions and make
the Constitution conform, in all its pro-
visions, to it's own ideas of equality and
the rights Of man.


Congress, at its last session, proposed
amendments to the Constitution enlarg-
ing, in some very important particulars,
the authority of the General Govern
ment over that of the several States, and
reducing, by indirect disfranchisement,
the representative power of the States
in which slavery formerly existed. And
it is claimed that these amendments may
be made valid as parts of the original
Constitution, without the concurrence OF
the States to be most seriously affected
by them, or may be imposed upon those
States by three-fourths of the remaining
States as conditions Of their re-admis-
sion to representation in Congress andin
the electoral college.


It is the unquestionable right of the peo-
pie of the United States to make such
changes in the Constitution as they, upon
due deliberation, may deem expedient. But
we insist that they shall be made in the
mode which the Constitution itself points
out, in conformity with the spirit and the
letter Of that instrument, and with the prin-
| ciples OF self government and equal rights,
which lie at the basis of our republican in
stitutions We deny the right of Congress
to make these changes in the fundamental
law without the concurrence Of three-fourths
of all the States, including especially those
to be most seriously affected by them, or to
impose them upon States Or people as con-
ditions of representation, or OF admission to
any of the rights, duties or obligations
which belong, under the Constitution, to
all the States alike. And with still greater
emphasis do we deny the right of any por-
ton of the States, excluding the rest of the
States from any share in their councils, to-
propose or sanction changes in the Consti-
tuition which are to affect permanently their
| political relations, and control or coerce the
legitimate action of the several members Of
the common Union. Such an exercise Of
power is simply a usurpation-just as un-
warrantable when exercised by Northern
| States as it would be if exercised by South
ern, and not to be fortified or palliated by
anything in the past history either of those
by whom it is attempted, or Of those upon
whose rights and liberties it is to take ef-
feet. It finds no warrant in the Constitu-
ton; it is at war with the fundamental prin-
ciples Of our form of government. Iftoer-
ated in one instance it becomes the prece-
dent for future invasions of liberty and con-
stitutional rights, dependent solely upon
the will of the rarty in possession of power,
and thus leads, by direct sequence, to the
most fatal and intolerable of all tyranies-
the tyranny of shifting and irresponsible
factions. tits against this, the most formi-
dable of all the dangers which menace the
stability Of a free Government, that theCon-
! stitution Of the United States was intended
most carefully to provide. We demand
| strict and steadfast adherence to its proVis-
ions. In this, and in this alone, can we find
a basis of permanent union and peace.


4. But it is alleged, in Justification of the
usurpation which we condemn, that the
condition of the Southern States and people
is not such as renders safe their readmis-
sion to share in the Government of the
country that they are still disloyal in sen
timent and purpose, and that neither the
honor, the credit, nor the interest Of the ma.
ton would be safe if they were re"admitted
to share in it's councils. We might reply
to this: First, that we have no right for sucn
reasons to deny to any portion OF the
States or people rights expressly conferred
upon them by the Constitution OF the Oni-
ted States. Second, that so long as their
acts are those of loyalty, so long as tney
conform in all their public conduct to the
requirements of the Constitution and laws
we have no right to exact from them con-
formity in their sentiments, ana OPINIONS 70
our own. Third, That we have no right to
distrust the nurpose or the ability of the
people of the Union to defend and protect,
rJeo III oo,+;noencies and bY whatever