Year: 1866




broke out All the riehtfal power it can ave
possess is that which is conferred upon it, eithe
IN express terms, or by facts and necessary i'm
pication, by the constitution of the United
States ...-


1t was that power and that authority which
the rebellion sought to overthrow, and the vic
tory of the federal army was simply the defea
OF that attempt The government of the United
States acted throughout the war on the defen
sive. It sought only to hold possession Of what
was already its own. Neither the war, nor tht
victory by which it was closed, changed 10. any
way, the Constitution of the United States
The war was carried on by virtue of its provis
ions and under the limitations which they pre-
scribe, and the result Of the war did not either
enlarge, abridge, or in any way change or affect
the powers it confers upon the federal govern
meDt or release that governments from the re-
strictions which it has imposed. The Consti
tuition of the United States is to-day precisely
as it was before the war, ''the supreme laD OF
the land, anything in the Constitution or laws
of any State to the contrary notwithstanding.
And to-day, also, precisely as before the war,
"all powers not conferred by the Constitution
upon the general government, nor prohibited
by it to the States, is 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 Ian
guage and spirit of the constitution, but by all
the acts aod the language of our government in
all its departments and at all times From the
outbreak of the rebellion to it's final overthrow,
in every message and proclamation of the Ex-
ecutive, it was explicitly declared that the sole
object and purpose of the war was to maiptaln
the authority of the Constitution, and preserve
sL ~


more than once reiterated this solemn 6ecara-
tion, and added the assurance that whenever
this object should be attained the war should
cease, and all the States should retain their equal
rights and dignity unimpaired. 1t is only since
the war was closed that other rights have been
asserted on behalf Of one department of the
general government 1t has been proclaimed
by Congress that in addition to the powers con-
ferred upon it by the Constitution, the Federal
government may now claim over the States, the
territory and the people involved in the insur
recton, the right of conquest and of confscation;
the right to abrogate all existing governments,
institutions and laws, and to subject the terrific
ry conquered and its Inhabitants to such laws,
regulations and deprivations the legislative
departments Of the government may see fit to
impose.


Under this broad and sweeping claim, that
clause of the constitution which provides that
mo State shall, without its consent, be de.
prived Of its equal suffrage 10 the Senate of the
United States" has been annulled, and ten
States have been refused and are still refused
representation altogether, in both branches of
the Federal Congress-; and the Congress, in
which only part of the States and of the people
of the Union are represented, has asserted the
right thus to exclude the rest from representa-
tion and all share in making their own laws, or
choosing their own rulers. until they shall CON-
ply with such conditions and perform such acts
as this Congress, thus composed, may itself pre-
scribe. That right has not only been asserted,
but it has been exercised, and is practically en-
forced at the present time. Mo-. does it find any
support IN the theory that the States thus cx-
eluded arc in rebellion against the government,
and therefore precluded from sharing its au-
thority They not thus in rebellion. They
are one and all in an attitude of loyalty toyards
the government and Of sworn allegiance to the
constitution of the United States In none of
them is there the slightest indication of resist
ance to this authority, or the slightest protest
condition of renewed loyalty has been offcisly
recognized by solemn proclamation of the Ex-
ecu;ive Department.; the laws of the United
States have been extended by Congress over all
these States and the people thereof; Federal
courts have been re-opeDed and Federal taxes
imposed and levied; and, in every respect, ex-
cept that they denied representation in Con-
gress and the electoral college, the States once
in rebellion are now recognized as holding the
same position, as owing the same obligations and
subject to the same duties as the other States OF
our common Union.


1t seems to US, in the exercise of the calmest
and most candid judgment we can bring to the
subject, that sucn a claim. so enforced, involves
as fatal an overthrow of the authority of the
Constitution, aud as complete destruction OF
the government and Union, as chat which was
sought tc be effected by the States and people
in armed insurrection against them both. 1t
cannot escape observation that the power thus
asserted to exclude certain States from represen-
tation is made to rest wholly on the will and
discretion of the Congress that asserts it. 1t Is
not made to depend upon any specified condl-
ton, or circumstances, nor to be subject to any
rules or regulations whatever The right as
serted and exercised is absolute, without quail
hcation or restrcfion--not confined to States 10
rebellion nor to States that have rebelfed-lt is
the right of any Congress, in formal possession
of the legislative authority, to exclude any State
or States, and any portion of the people thereof,
at any time, from representation m Congress
and 10 the electoral college, at its own discre.
ton, and until they shall perform such acts and
comply with such conditions as it may dictate


Obviously the reasons for such exclusion
being wholly within the discretion Of Congress
may change as the Congress- itself shall change
One Congress may exclude a State from al
share in the government for one reason; and
that reason removed, the next Congress mal
exclude it for another. One State may be ex
cluded on one ground to-day, and another ma!
be excluded on the opposite ground Tomorrow