Year: 1866

such laws and such obligations as we might
choose. But We had b.fore the war COM
plete jurisdiction over the soil of the South
ern States, limited only by our own Consti.
tuition. Our laws were the only national
laws In force upon it. The government
of the United States was the only govern
ment through which those States and their
people had relations with foreign nations,
and its flag was the only flag by which
they were recognized or known anywhere
poets, and in all other respects involving
national interests and rights, our possession
was perfect and complete. 1t did not need
to be acquired, but only to be maintained;
and victorious war against the rebellion
could do nothing more than maintain it.
1t could only vindicate and re-establish the
disputed supremacy of the Constitution. It
could neither enlarge nor diminish the au.
thority which that Constitution confers
upon the government by which it was
achieved. Such an enlargement or abridg.
ment OF constitutional power can be effect
ed only by amendment of the Constitution
itself, and such amendment can be made
only in the modes which the Constitution
itself prescribes. The claim that the sup
preston of an insurrection against the go
power to that government, especially 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,
seems to US at variance alike with the
principles of the Constitution and with the
public safety.


Third. But it is alleged that in certain
particulars the Constitution of the United
States fails to secure that absolute justice
and impartial equality which the princi-
pies OF our government require; that 1t
was in these respects the result of compro.
misses and concessions to which, however
necessary when the Constitution was form
ed, We are no longer compelled to submit,
and that now, having the power through
successful war and just warrant for its ex-
ercise in the hostile conduct Of the insur-
gent section, the actual government of the
United States may impose its own condi-
tions, and make the Constitution conform
in all its provisions to its own ideas of
equality and the rights of man. Congress,
at its last session, proposed amendments to
the Constitution, enlargiug in some very
important particulars the authority Of the
general government over that of the sew
eral States, and reducing, by indirect dis.
tranchisement, the representative power
of the States in which slavery formerly
existed; and it is claimed that these amend
ments may be made valid as parts of the
original Constitution, without the concur
renee of the States to be most seriously
affectad by them, or may be imposed upon
those States by three fourths of the remain.
ing States, as conditions of their re-admis-
sion to representation in Congress and in
the Electoral College.


1t Is the unquestionable right of the
people 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 letter
and the spirit Of that instrument, and with
the principles of selfgovernment and of
equal rights which lie at the basis of our
republican institutions. We deny the
right OF Congress to make these changes
In the fundamental law, without the con-
currence Of threefourths of all the States,
including especially those to be most seri-
ous!y affected by them; or to impose them
upon States or people as conditions of rep
resentatlon, 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 portion of the
States excluding the rest OF the States
from any share in their councils, to propose
or sanction changes in the Constitution
which are to affect permanently their po-
lltical relations and control or coerce the
Legitimate action of the several members
of the common Union. Such an exercise
Of power is simply usurpation; just as
unwarrantable 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. 1t finds no warrant in the Constitu.
ton. 1t is at war with the fundamental
principles of our form of government IF
tolerated in one instance it becomes the
precedent for future invasions of liberty
| and constitutional right dependent solely