Year: 1866

-,
both branches of the Federal Congress.
And the Congress in which only a part
of the States and of the people Of the
Union arc represented has asserted tho
right thus to exclude the rest from rep
resentation, and from all share in maxi
ing their own laws or choosing their
own rulers until they shall comply with
such conditions and perform such acts
as this Congress thus composed may
itself prescribe. That right has not
only been asserted, but it has been OK
ercised and is practically enforced ut
tho present time Nor docs il find any
support in the theory that the States
thus excluded are in rebellion They
are one and all in an attitude of loyalty
toward the Government, and of sworn
allegiance to the constitution Of the
United States. In no one Of them is
there the slightest indication of resist
ance to this authority, or the slightest
protest against it's Just and binding OBJ
legation. This condition of renewed
loyalty has been officially recognized
by solemn proclamation Of the EXccu-
tive Department. The laws of the
United States have been extended by
Congress over all these States and the
people thereof. Federal Courts have
been rcopcned, and Federal taxes i'm
posed and levied And in every re-
spcct, except that they are denied rop-
resentatiOn in Congress and the Flee
toral College, the State once in rebel
lion are recognized as holding the same
position, as owing the same obiga-
TONS and subject to the same duties
as the other States Of our common
Union.


Unrestricted TSepTcsclitatiOn Nc


CessaEy.


1t seems TO US, in the exercise Of the
calmest and most candid Judgment we
can bring to the subject, that such Il
claim. so enforced, involves as fatal an
overthrow Of the authority of the con-
stitution, and as complete destruction
of the Government and Union, as that
which was sought to be effected by the
States and people in armed insurrcc-
tion against them both. 1t cannot es-
cape observation, that the power thus
asserted TO exclude certain States from
representation, is made to rest wholly
in the will and discretion of the Con
grcss that asserts it. 1t is not made to
depend upon any specified conditions
or circumstances, nor to be subject to
any rules or regulations whatever
The right asserted and exercised is alb
solute, without qualification or restric.
tion, not confined TO States in rebellion
nor to States that have rebclled; it is
the right of any Congress in formal
possession of legislative authority tC
exclude any State or States, and any
portion of the people thereof at any
time, from representation in Congress
and in the Electoral College, Mt its own
discretion, and until they shall perform
such acts and comply with such condi-
tions rs it may dictate. Obviously.
the reasons for such exclusion being
wholly within the the discretion OF
Congress, may change as the Congress
itself shall change. One Congress may
exclude State from all share in the
Government for one reason; and, that
reason removed, the next Congress- may
exclude it for another. One State may
be excluded on one ground to-day, and
another may be excluded on the oppo-
site ground tomorrow. Northern
asccndancy may exclude Southern
States from one Congress-the ascon.
dancy Of Western on of Southern in
tcrests, or of both combined, may ex-
cludc the Northern or the Eastern
States from the next Improbable ms
such usurpations may seem, the estab-
lishment Of the principle now asserted
and acted upon by Congress willrendcr
them by no means impossible. The
character, indeed the very existence of
Congress and the Union is thus made
dependent solely and entirely upon the
party and sectional eXigcncies of for
bearances of the hour.


We need not stop to show that such
action not only finds no warrant in the
constitution, but is at war with every
principle Of our Government, and with
the very existence of free institutions.
1t ia, indeed the identical practice
which has rendered fruitless all at
tempts hitherto to establish and main
tain free governments in MeXico and
the States Of South America. Party
necessities assert themselves as superior
TO the fundamental law, which is set
aside in reckless obedience to their be-
hests. Stability, whether in the exer-
else Of power, in the administration of
government, or in the enjoyment of
rights, becomes impossible; and the
conflicts Of party, which, under consti-
tntional governments, are tho condi-