Year: 1866

tuition confers, but acquires thereby 90 new
power, either of territorial possession or civi
authority, which it did not possess be fore the
rebellion. All the rightfuI power it can pos
sess is that conferred either in express term,
or by the fairest necessary implication by
the Constitution. 1t was that power and
that authority which the rebellion sought te
overthrow. The victory of The Federal arms
was simply the defeat of that attempt. The
Government throughout acted on the defen
sive. 1t sought only to hold possession o.
what was its own. Neither The war nor vic
tory changed the Constitution. The wal
was carried on by virtue of i,s provisions and
under the limitations which they prescribe.
The result Of the war did not enlarge,
abridge or change, or affect the powers or
release The Government from the restrictions
which were imposed by the Constitution. 1t
is to day as it was before the war-,he su
preme law Of the land, the constitution or
laws of any State to the contrary nothwith,
standing and all powers not conferred by the
Constitution upon the General Government
nor prohibited by it to the States, are reserv.
ed to the several States.


This position is vindicated not only by the
essential nature Of our government and the
language and spirit Of the Constitution, but
by all IT'S acts in its several departments and
at all times from the outbreak of the rebel
lion to its close. In every message and pro.
clamation ofthe Executive, it was expressly
declared that the object of the war was 10
maintain the authority Of the Constitution
and preserve the Un<n; and Congress more
than once reiterated this solemn declaration,
and added the assurance that
whenever that object was attained, war
should cease and all the States should retain
their equal rights and dignity unimpared. It
is only since the war has closed and our
rights have been asserted on behalf Of one
of the departments of the General Gov
ernment, that it has been proclaimed by
Congress that in addition to the powers con
ferred upon i: by The Constitution, the Fed
eral Government may now claim over the
States, the territory and the people involved
in the insurrection, the rights of war, the
right Of conquest and con6scation-lhe right
70 abrcgate all existing governments in the
States and Territories; TO subject the terrific.
ry conquered to such laws, regulations and
deprivations as the legislative department Of
the Government may see fit to impose.


Under this sweeping claim, that clause Of
the Constitution providing that no State
shall, without its consent, be deprived Of its
equal suffrage in the Senate of the United
States, has been annulled, and ten States
have been refused represen taton in Com
gress, and the Congress in which only part
Of the States and people are represented, has
asserted the right thus to exclude the rest
from representation and from all share in
making their own laws or choosing their own
rulers until they comply with such condi'
tons and perform such acts as this Congress,
thus composed, may prescribe. That right
has not only been asserted but exercised, and
practically enforced.


Nor does it find any support in the theory
that the States thus excluded are in rebellion
and, therefore, precluded from sharing the
authority of the Government. They are not
thus in rebellion. They are not thus in re'
beIion. They are in an attitude Of loyalty
to the Government and have sworn allegi.
ance 10 the Constitution. In no one Of them
is there the slightest indication of resistance
10 the authority of the Government, or pro-
test against its just and binding obligations
This condition Of loyalty has been officially
recognized by the proclamation of the Pres
ident The laws of the United States have
been extended by Congress over these States;
the Federal taxes have been levied, and in
every respect except that they are denied
representation, the States are recognized as
holding the same position, owing the same
Obligations, subject TO the same duties as
other States. II seems 10 US, in the exercise
of the most calm and most candid judgment
we can bring to the subject, that such
claim, so enforced, involves as fatal an over
throw of the authority Of the Constitution
and as complete destruction OF the Govern.
ment and Union. as that sought to be effect
ed by the States in armed insurrectiop.


But it cannot escape observation that the
power thus asserted to exclude certain States
from representation is made TO rest wholly
on the will and discretion Of the Congress
that asserts it. It is not made to depend
upon any specified conditions, nor subject to
anv rules or regulations otherwise. Inc
right asserted and exercised is absolute,
without qualification or restriction, and IS
not confined to States in rebellion nor 10
States that have rebeIled. II is the right OF
any Congress in formal possession OF It's reg


slative authority to exclude any State or
States. and any portion Of the people there
OF, at any time from from representation IN
Congress and the electoral college at lis own
discretion, and until they shall perform such
acts and comply with such conditions as It
may dictate. The reasons for such exc'u'
sion being wholly without discretion, Con-
gress may change them as Congress 'tse''
shall change. One Congress may exclude a
State from all share Of the Government Tor
one reason. and that removed, the next Con


press NAV exclude it for another one. A
State may be excluded on one ground to-day
and on another tomorrow. Northern as
ceudancy may exclude Southern States from
one Congress; Western or Northwestern, or
both combined, may exclude Northern or
Eastern States from the next Congress. In
nrohable IA such assertions may seem to be,