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I
V'LIME UU1I.J
MIL LED SEVILLE, GEORGIA, T l E S D A T, A U GIJ S T 28, I860.
NUMBER 4.
BO
ild U)N,V1SBKT, d ARNE &MOOR
PaVushs"* and Proprietors.
a. a.
jon. it. r.
ctnion
the addrkpw. soil. The Government of the United
To the Pcop/e nf the United State,: ■ Slate, n,»ml»i„ed by fare* of arm. the
1 . ,, . ... supreme authority over all the territory
Having met in Convention at the city j ^ dver al , ^ StAteB and penp i„ witb j D
of Philadelphia, in the State of T’ennayl- , . iritMliction wb i cb the Constitution
vania, this 16th day of August, 1^60. ^ • con f er8 npon it. but it acquired thereby
the representatives of the people, in an ,
sections and all the States and Territo j
ries of the Union, to consult upon the
condition and the wants of our common j
country, we address to you this declara
tion
©be ^cbcul |
Ts p>ibb*h<‘tl tn Millrd^r.citle, Ga.,
Corner binnrvck if // i/l tnson tits.,
At $J a year in Advance.
Aril* ^KTIMNfi
TaASsfRNt.— On* Dollar per-tqtun e of teulineafor
eacb insertion
Trib.itl-s -f re^pe- t Ro-folnfions l.y Sor i,-t 1 *->. (Obit- , 2 - . . , „ „ i
nanes exeeedinu nix liin-n, Nomination^ tor oflic-eConn (passed through the. vicissitudes and tlie
irunieittioii.-i o: Elitoriii: notirio tor Individual benefit,/ , pe ,jJ s of civil War—a war which, though
I mainly sectional in its character, has nev-
$•' 5« ertbeless decided political differences
$ O 0 | that from the very 7 beginning ol the Gov
ernment had threatened the unity of our
[excludeany State or States, and any p< t j it again at the hands of the suprem<
I tion of the people thereof, at any tim- j emulative authority of the Govern
from representation in Congress and m ; mpn ^ on ^ OWH terms and at its owi
the Electoral C«dlege, at its own disere i ( ]j scre tjotj.
tion, and until they shall perform.;*uch act>
and comply with such conditions as it mai
dictate. Obviously, the reasons for .-uch
fholly within the discre
the
confers npon- ff
no rev power, no enlarged jurisdiction,
no rights either of territorial possession , exclusion, being
of civil authority, which it did uot possess tion of Congress, may change as
before the rebellion broke out.' All the Congress itself shall change. j But representation is, under the Con-
itry, we scares* to you mis uecam-, power it ca n ever possess is that I One Congress mav exclude a State J stitution, not only expressly recogni
of cur principles and of the political js c01)fe ,. red upon ; t in
If representation in Con
gress and participation in the Govein-
ment were simply privileges confer
red and held by favor, this statement
might have the merit of plausibility.
charged ns tram ft: iff tt*ivertyuii£
IjFGkl Advertising.
SherilFs sales, per levy often lines, oi ies*.
“ Mortgage 6 fa sales per square.
Put Collectors .Sales,pel square.
Citations for Letters of AitiuiniJiration,
“ “ “ Ouanlinnsliip.
Letters of application fnrdiam’u from Adm’n
• ** <* ** V tiiiani'n
purposes we seeK to promote.
Since the meeting of the last National
Convention, in the year lfiliO, events have
occulted which have changed the charac
ter of our internal policy, wnd given tbe
Tinted States a new place among the na
tions of the earth. Our Government has
express ' from all share in the Government fori 7e( \ as a right, but it is imposed as a
impiica- one reason, and that reasou removed. J duty, .and it is essential in both as*
terras, or by fair and necessary impiica- 1
tion, by the Constitution of | the next Congress may exclude it fori peers to the existence of the Govern-
States. It was that power an t lat an- another. One State may be excluded j ment and to tint maintenance of its au-
e rebellion sought to over- ^ ^ ^ ‘ - -
throw, and the
arms was simply
tempt
thority which the reWHion^sought ^over^ ^ the ground to-day, and another j thoritv. In fcw governments ftinda-
the defeat of that at- nia y t> e excluded on the opposite j mental and essential rights cannot be
Constitution and with that public
safety.
Thirck But it is alleged that in cer
tain particulars the Constitution ef
the United iSfates fails to secure the ab
solute justice and impartial equality
which tim principles of our Govern
ment require ; that it was in these re
spects the result of compromises and
concessions to which, however neces
sary when the Constitution was form
ed, we are no longer compelled to sub
mit; and that now, having the power
through successful war, and just war
rant for its exercise in the hostile cou-
— duct of the insurgeut section, the act-
ground to-morrow. Northern ascetv j forfeited, except against individuals ; ual Government of the United States
T he Government of the United States deney may exclude Southern States ( bv due process of law, nor can const-i- | may impose its own conditions and
acted throughout the war on the defen-, from one Congress—the ascendency >C tutional duties and obligations be dis- | make the Constitution conform in all
It sought.only to hold possession of I Western or Southern interests, or of
both combined, may exclude theNorth-
wliat wa6 already its own. Neither the
5 1)0
3 00
3 00
4 50
3 00
5 00
3 00
5 00
J 50
3 00
1 00
Appl’ti for leave to soli land,
Notices t" Debtors and Creditors,
Sales of land, per square,
*• peiTillable property, 10 days per square.
Bit ray Notices. 3b days,
Foreclosure of Mortgage, per -q.. each time,
LEGAL AD V Eli i ltsEAlENTS.
Sales of Laud, fee., by A'l.iiinUtvati rs. Executor* or
Guardians, are required by law to be held on the first
l ues lay iu the Ji.mth; hei ween the hours oi l»» in the
forenoon andthree in the ntternoon, at the Com. house
in the county in which the property is situated
Notice oi til use sale* must be given ill a public ga
zette 40 days previous to the day ot sale
Notices for lUe sale of personal property must be
given in tike manner 10 days prcvioOe to sale day.
Notices to the debtors and creditors ot an estate
mu-,1 also be punished 10 days.
N .two that application will be made t > the Court of
Ordinary tor leavctosell Land, Arc., must be publish
ed for two mouths.
Citations for letters of A b.ninistration Guardianship,
Ate... .mist be published 30 days—for dismission from
Ad.uinistratiuB, monthly six months—tor disinission
from Guardianship. 40 days.
Rules tor foreclosure ot Mortgage must be published
monthly for ftnr months—[or establishing lost papers,
for the fat! spore of three months—for Compelling titles
from Executors or administrators, where bond has
been given By Mr; deceased, the full space ot three
months. .
Publications will always be continued according to
these, the legal requirements, unless otherwise or-
dere..
Book and Job work, of all kinds,
PROMPTLY AND NEATLY EXECTTED
A T
national existence, and has left its impress,
deep and ineffaceable, upon all the inter
ests, the sentiments, and the destiny of
the Republic. While it has inflicted up
on the whole country severe losses in life
and in property, and has imposed burdens
which must weigh on its resources for
generations to come, it has developed a
degree of noble courage in the presence
of national dangers, a capacity for milita
ry organization and achievement, and de
votion on the part of the people to the
form of government which they have or-
the Eastern States from the
war nor the victory by which it — ; e( . Q or
aed changed in any way the Constitution j ^
of the United Slates. The war was car- : ... , ,.
ried on bv virtue of its provisions and j Improbable as such usurpations
nnder the limitations which they prescri- \ nitty seem, the establishment of the
bed, and the result of the war did not ei- j principle now asserted and acted upon j
ther enlarge, abridge, or in any way : by
change or affect the "powers it confers up-1 means impossible. The character, in- j tion—was one of the means and agen
on the Federal Government or release j j ee( j’ very existence of Congress j cies by which they sought to
carded or laid aside. The enjoyment
of rights may be for a time suspended
by the failure to claim them, and du
ties may be evaded by the refusal to
perform. The withdrawal of their
members from Congress by the States
General
its provisions to its own ideas of
equality and the rights of war. Con
gress, at its last session, proposed
amendments to the Constitution, en
larging, in some very important par
ticulars, the authority of the General
Government over that of the several
that Government from the restrictions
which it has imposed.
The Constitution of the United States
is to-day precisely as it was before the
war—the supreme law of the land, any
thing iu the constitution or laws of any
which resisted the G’eneral Govern
Congress will render them by no j ment was among their acts of iusurrec- j States, and reducing, by indirect dis-
fraachisemeut, the representative pow-
and the Union, is thus made dependent j the authority and defeat the action of
dained, and to the principles of liberty i &UUe to tbe contrary notwithstanding
which that Government was designed to j A|jd tQ . d a | go preci8e | y a8 before the
promote, which must confirm the conn 1
deuce of the nation in the perpetuity of
its republican institutions, and command
tbe resj ect of the civilized world.—Like
I all great lontests which ronse the passions
| and teat the endurance of nations this war
I has given new scope to the ambition ot
political parlies, and fresh impulse to
plans nf innovation and lefoim. Amidst
the chorus of conflicting sentiments, insep
arable from such an era, while the public
heart is keenly aliv e to all the passions
that can sway the public judgment and
affect the nublie action, while the wounds
I of war are still fresh and bleeding on ei
ther side, and fears for the future take tin
just proportions from the memories and
Tfill OFFICE
Wli.in a subscriber finds a c ross mark on
li is |)*|) r lie »viil know ti»at bis siibsc-riiitiou liaa
ox aired, or is about to expire, and must be renew
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'Veilo not send receipts to n w subscri
bers. If they receive the paper they may now
that, we have received the money.
Subscribers wishing their papers changed
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changed.
isb it
COUNTING HOUSE CALENDAR. 1866.
£ rs
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• ' 1 utir«n and to prescribe the integrity
resentments of the past, it is a didicuh, j tlle Ullion> and CoUKres8 moie tball 0
( but an imparative duty which, in your be
half, we who are lieie assemlded have un
dertaken to peiform for the fiisttime after
six long years of alienation ami of conflict,
we have coine together from every State
and every section of our land, as citizens
of a common country, under that flag, the
sy mbol agaiu of a common glory, to con
sult togeth; r how best to secure and per
petuate thai Union which is again the ob
ject of our common love, and thus secure
the blessings ot liberty to ourselves and
our posterity.
In the first place, we invoke yon to re
member always and everywhere that tl^e
war is ended, and the nation is again at
peace. The shock of contending arms no
longer assail the shuddering heart of the
Republic. '1 be insurrection against the
supreme authority of the nation has been
suppressed, aud that, authority has been
again acknowledged by word and act rii
every tstate and by every citizen within
its jurisdiction. We are no longer requir
ed or permitted to regard or treat each
other as enemies. Not only have the
acts of war been discontinued and tbe
war, all the powers not conferred by the
Constitution npon the General Govern
ment, nor prohibited by it to tbe States,
are 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 language and spirit of tbe Con
stitution, but by all the acts and the lan
guage of our Government, in all its de
partments aud at all times, from tiie out
break of the rebellion to its final overthrow
In the messages and proclamations of the
Executive it was explicitly declared that
the sole object and purpose of the war
was to in liotain the authority of the Con-
- - o „
Congress
reiterated this solemn declaration, aud
added the assurance, that whenever this
obj* ct should be attained the war sh> uld
cease, and all the States should retain
their equal rights and dignity unimpaired.
It is ouly since the war has closed that
other rights have been asserted on behalf
of one department of the General Govern
ment. It has beeu proclaimed by Con
gress that in addition to the powers con
ferred upon it by the Constitution, the
Federal Government may now claim over
the btates and the territory, and the peo
ple involved in the insurrection, the righis
of w ar—right of conquest and of confisca
tion, the right to abrogate all existing
governments, institutions aud laws, and to
subject the territory conquered and its in
habitants to such terms and regulations a8
tbe legislative department of the Govern- j
ment may see tit to impose, under the j
broad and sweeping claim that the clause j
of the Constitution which provides that ;
no State shall without its consent be de-
j rived ol its equal suffrage in the Senate
of the United States has been annulled;
and States have been refused, and are
er of tbe States in which slavery for
merly existed; and it is claimed that
solely and entirely upon the party and ! the Government; and that act was an- these amendments may be made valid
sectional exigencies or forbearances of > nulled and rendered void when the in-
the hour. We need not stop to show
that such action not only finds no war
rant in the Constitution, but is at war
with every principle of our Govern
ment aud with the very existence ot
free institutions. It is, indeed, the
identical practice which has rendered
fruitless all attempts hitherto to es
tablish and maintain free governments
in Mexico and the States of South
America. Party necessities assert
themselves as superior to fundamental
law, which is set aside in reckless obe
dience to their behests. Stability,
whether in the exercise of power in
surreetion itself was suppressed.—
Neither the right of representation nor
the duty to be represented was in the
least impaired by the act of insurrec
tion, but it may have been that, by
reason of the insurrection, the condi
tions on which the enjoyment of that
right and the performance of that duty
for the time depended, could not be
fulfilled. This was, in fact, the case.
as part« 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 and
in the Electoral College.
It is the unquestionable right of
the people of the United States to
make such changes in the Constitution
An insurgent power, in the exercise as they npon due deliberation may
of usurped and unlawful authority in deem expedient. But we insist that
the territory under its control, had ! they shall be made in the mode which
prohibited that allegiance to the Con-, the Constitution itself points out, in
stitution and laws of the United conformity with the letter and spirit
the administration of government or ! States which is made by that funda- j of that instrument, and with the prin-
in the enjoyment of rights, becomes ! mental law the essential condition of ciples of self-government and equal
impossible, and the conflicts of a par-! representation in Government. No rights which lie at the basis of our
ty, which under constitutional govern-1 man within the insurgent States was republican institutions. We deny the
once 1 nients are the conditions and means of allowed to take the oath to support right of Congress to make these chan-
political progress, are merged in the j the Constitution of the United Stales, ges in the fundamental law without
conflicts of arms, to which they direct- i and as a necessary consequence, no the concurrence of three-fourths of all
ly and inevitably tend. j man could lawtully represent those the States, including especially those
It was against this peril, so conspic-1 States in the councils of the Union.— to !>e most seriously affected them, or
uous, and so fatal to all free govern-1 But this w’as only an obstacle to the to impose them npon States or people
ments, that our Constitution was in
tended especially to provide. Not
ouly the stability, hut the very exis
tence of the Government is made by
its provisions to depend upon the right
and the fact of representation. The
Congress, upon which is conferred all J
the legislative power of the Nutioual i
Government, consists of two brandies j
weapons ol war laid aside, but tbe stated ■ stiff refused, representation altogether in
both branches of the Federal Congress;
30,'
31
ECLECTIC MAGAZINE.
literature, Science and Art.
Krw Volume br*in« Juuuury, !»•«.
war no longer exists, and the sentiments,
the passions, the relations ol war have no
longer lawful or rightful place anywhere 1
throughout our broad dominion. Ws are j are represented has asserted the right to
again people ot the United States, fellow j exclude others lrom representation and
citizens of one country bound by duties j fiom all share in making their own laws
and obligations of a common nation, and and j be choosing of their own rulers, un
having ueither rights nor interests apart
from a common aestinj’. The duties that
devolve upon us now are again the duties
of peace, aud no longer the duties of war.
We have assembled here to take counsel
concerning the interests of peace, to de
cide how we may most wisely and effectu
ally heal the wounds the war has made,
and perfect and perpetuate the benefits it
has secured, and tbe blessings which, * un
der a wise and benign Providence, sprung
up> in its fiery track. This is the woik not
of passion, but of calm aud sober judg
ment
enjoyment of the right and to the dis- as conditions of lepiresentatiou or of
charge of a duty; it did not annul the admission to any of the rights, duties,
one nor abrogate the other, and it or obligations which belong, under the
ceased to last when the usurpation by Constitution, to all the States alike;
which it was created had been over- and with still greater emphasis do we
thrown and the States had again re- deny the right of auy portion of the
sunied their allegiance to the Consti- Stales, excluding the rest of the States
tution and laws of the United States, from any share in their councils, to
Second. But it is asserted in support propose or sanction changes in the
—the Senate and House ol Represen- i of the authority claimed by the Con- Constitution which are to affect perma-
tatives—whose joint concurrence or gress now in possession of power, that nentlv thei. political relations, and
assent is essential to the validity of 1 it flowsdirectly from the laws of war; control or coerce the legitimate action
any law. Of these, the House of Rep- that it is among the rights which vie- of the several members of the com-
resentatives, says the Constitution,! torious war always confers upon the moi Union. Such an exercise of pow-
(Article 1st, section 2d,) shall be com-; conquerors, and which the conqueror er i*. simply a usurpation, just as un
posed of members chosen every second | may exercise or waive, in his own dis- warrantabie when exercised by North-
year by the people of the several! cretiou. To this we reply, that the ern States as it would be if exercised
States. Not only is the right of repre-; laws in questiou relate solely, so far by Southern, and not to be fortified or
sentation thus recognized as possessed 1 as the rigiits they confer are concern- pallured by anything in the past his-
by all the States and by every State,! ed, to wars waged between alien and tory either of those by whom it is at-
without restriction, qualification, or independent nations, andean have no tempted or of those upon whose rights
The Eclectic Magazine is. as its Lame indi- prolonged beyond the limits which justice
cates, a selection from other magazines and period-1 ant j j-^ason prescribe, but of a liberal
ic»>8. Tliese selectious are careiullj nia p ® statesmanship which tolerates what it can-
mi, r b 'l f u r0 this the respet® r it'1s enlirely^nUke other I not prevent, and builds its plans and its
Ca 'jiiftliir and has uo rival. Tbe foil wing are! hopes for the iature rather upon a commu-
some of the works from which ■ -.lections aie mt y 0 f interest and ambition than upon
made: „ . ^ ' ... w—distrust and weapons ol force.
In the next place, we call upon you to
London Quarterly, Revue de Deux Mondes.
British Quarterly, Loudon • i-ocioty.
North British Review, Bentley s Miscellany,
Popular -cience ReYiew,Coruhi)l Magaziuo,
Saturday Review, Fraser s Magazine,
Leisure Hour, Teinple B*'
Westminster Review ( iminoers . .Journal,
Dublin Uuiver-iiiy Mag-iEdinbineu Review,
a2 j n(Si London National Review
Art Journal, .
We have also arranged to secure choice selec
tions from tbe FrCuch. German, and other Conti
nental Periodicals, translated esnecial'v ot the
Eclectic, and it is oopoo u-is arw teatiire will
add greatly to the variety and value ot the work
EnBELISHfiKXTS.
Each number is embellished with one or more
Fine Steel Engravings'—port) aits of eminent men
or illustrative of important historical events.
Volumes commence in January and July ot
each year; subscriptions can commence win any
111 TERMS: $5 per year; Single Numbers, r>0 cts.
Five Copies. $2». _ , ,
The Trade, Clergymen, Teachers and
•UDDlied«n favorable terms. Address,
recognize, in their full significance, and to
accept, with all their legitimate conse
quences, and political results of the war
just closed. In two most important par
ticulars the victory achieved by the Na
tional Government has been final and de-
and the Congre&68 in which only a part of j .. . f u* i l » ,i f , 4 f - .. • > • ,* ... ... 1 ‘ o
the Slates and of the people of ibe Union ‘ conf Ltion ut any kind, but the duty of. place or force in this regard in war and liberties it is to take effect. It
v F - * choosing Representatives is imposed j waged by a government to suppress an finds no warrant in the Constitution.
upon the people of each and every insurrection of its own people upon its It is at war with the fundamental
State alike, without distinction or the ! own soil against its authority. If we principles of our form of government,
authority to make distinctions among had carried on successful war against If tolerated in one instance it becomes
less they shall comply with such condi- j them for any * reason or upon any any foreign nation, we might thereby the precedent for future invasions of
rhnis and perforin such acts as this ^° D 'j grounds whatever. And in the Sen- have acquired possession andjurisdic- liberty and constitutional right, de
gress, thus composed, may itself presc rl0 «-1 a te, so careful is the Constitution to ! tion of their soil, with the right to eu- pendent solely upon the will of the
bu’tYhas beeiexetcisecLaud^ 1 p*'acUea1 - i secure evvr - v , State tllis ri 8 ht of rep-j f >rce our laws upon their people, and party in possession of power, and thus
ly eulorced at the preseut tune. Nor j reseritation, it is exprassly provided , to impose upon them such laws and , leads direct and as necessary sequence
does it fiud any support in the cry that j that no State shall without its consent! such obligations as we might choose, to tire most fatal and intolerable of all
the States thus excluded are in rebellion j he deprived of its equal suffrage in ! But we had, before the war, complete tyrannies, tbe tyranny of shifting and
against the Government, and are there- j that body, even by an amendment to J jurisdiction over the soil of the South- irresponsible political factions. It is
fore precluded from sharing its authority, i the Constitution itself. When, there-j ern States, limited only by our own [ against this, this, the most formidable
i. i'liev are j f ore> aIJ y State is exclu led from such j Constitution. Our laws were the of all the dangers which menace the
representation, not only is the right of j only national laws in force upon it.— 1 stability of free government, that the
the State denied, but the constitu- The Government of the United States Constitution of the United States was
tional integrity of the Senate is in:- 1 was the only Government through inter.ded most carefully to provide.—
paired, and the validity of the Govern- which those States and their people We demand a strict and steadfast ad-
ment itself is brought in question.— J had relations with foreign nations, aud i herence to its provisions. In this, and
But Congress at the present moment; iis flag was the only flag by which in this alone, can we find a basis of
They are not tbusiu rebellion
one and ail in an attitude of loyalty tow
ards the Government, and of sworn al-
not of resentment for past offences I legiance to the Constitution of the United
1 States. In none of them is there the
slightest indication of resistance to this au
thority*, or the slightest protest against its
just and binding obligations, 'i bis con
cisive, first: it lias established, beyond all ] States ouce in rebellion are recognized as
further controversy, and by the highest ofj holding the same obligations aud subject
dition of renewed loy alty has been ofli [ thus excludes from representation in | they w ere recognized or known any-
cially recognized by solemn proclamation j both brances of Congress ten States ; where on tbe tace of the earth. In all
j of tiie Union, denying them all share ‘ these respects, and in all other re-
in the enactment of laws by which ! specta involving national interests and
they are to be governed, and all par-! rights, our possession was perfect and
ticipation in the election of the rulers i complete. It did not need to be ac-
by which those laws are to be enforc- j quired, but only to be maintained;and
ed. In other words, a Congress in [ victorious against the rebellion could i try; that they
which only twenty six States are rep- j do nothing more than maintain it It j sentiment and purpose, a
resented asserts the right to govern, [ could only vindicate and re-establish i er the honor, the credit,
of the Executive Department,
of tbe United States have been extended
by Congress over all these States, aud
tbe people thereof. Federal courts huve
beeu reopened, and Federal taxes imposed
and levied, and in every respect, except
that they are denied representation in
Congress and tbe Electorial College, tbe
Clubs
MDWELUi Baeknian fit.. New York.
SSiWA HOTEL.
T HE fiobscriber has opened the Ka-
ton Hotel lor tbe acconum^ation
of the public Traveller* and my friends
are invited to *ive me *«»N- . Hacks
kept in readiness for Madieqo iJP
with cars. ' WM. O’BRIEN
Sept 27, 1865. * u
HAH A YEAR made by anyone with
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Vinmt. »»■
pies. AQU
fyri««<UU
all human sanction, the absolute supreina
ey of the National Government, as de
fined and directed by tbe Constitution of
the United States; and the permanent in
tegrity an! indissolubility of the Federal
Union is a necessary consequence; and
secondly, it has put an end, finally and
forever, to the existence «f slavery upon
the soil or within the jurisdiction of the
United States. Both these pointB became
directly involved in the contest, and con
troversy upon both lias ended absolutely
and finally to the result.
In tbe third place, we deem it -of the
utmost importance that the real character
of the war, and the victory by which it
was closed, pbould be accurately under
stood^ Tbe war was carried on by the
Government of the United States in main
tenance of its own authority and in de
fence of its own existence, both of which
were menaced by the insurreevion which
it sought to suppress. The suppression
of that insurrection accomplished that in
to the same duties as the other States of
our commmou Union.
It seems to us, in the exercise of the
calmest and most candid judgment we
can bring to the subject, bucIi a claim so
enforced involves as fatal an overthrow of
the authority of the Constitutiou, and as
complete a destruction of the Government
and Union, as that which was sought to be
effected by tbe States aud people in arm
ed insurrection against them It cannot
escape observation, that tbe power thus
asserted to exclude certain States from
representation is made to rest wholly in
tbe will and discretion of tbe Congress
that asserts it. It is not mad-, to d pend
upon specified conditions or circnmstan
ces, nor to be subject to any rules or regu
lations whatever. The right asserted and
.exercised is absolnte, withont qualification
or restriction, not confided to State* in
rebellion, nor to States that have rebelle
It is tbe right of any Congress in for
met posaession of lagudatira authority to
absolutely and in its own discretion,all I the disputed supremacy ot the Consti
the thirty-six States which compose j tution. It could neither eularge nor
the Union; to make their laws and l diminish the authority which that
choose their rulers, and to exclude the j Constitution confers upon the Govern-
other ten from all share in their own | ment by which it was achieved. Such
government, until it sees fit to admit an enlargement or abridgment of con-
them thereto. What is there to di9- stitutioual power can be effected ouly
tinguish the power thus asserted and by amendment oi the Constitutiou it-
exercised from the most absolute aud ! self, aud such amendment ean be made
permanent union and peace.
Fourth. But it is alleged in justifi
cation of the usurpation which we
condemn, that the condition oi the
Southern States and people is not such
as renders safe their re-admission to a
share iu tbe government of the coun-
are still disloyal in
and that neith-
nor the inter-
intolerable tyranny? Nor these ex-j
travagant and unjust claims on the j
part oi Congtes8 to powers and au
thority never conferred upon the Gov
ernment by the Constitution, find any
warrant in the arguments or excuse
urged on their behalf. It is al
leged—
First. That these States, by the
act of rebellion and by voluntarily
withdrawing their members from Con
gress. forfeited their right oi represen
tation, and that they can only receive
only in tbe modes which tbe Constitu
tion itself prescribes.
The claim that the suppression of
an insurrection against the Govern
ment gives additional authority and
power to that Government, especially
that it enlarges tbe jurisdiction of Con
gress and gives that body the right to
exclude States from representation in
the National Councils, without which
th<- nation itself can have do authority
ests of the nation would he safe if they
wcie re-admitted to a share in itscoun-
cils. We might reply to this—
First. That we have no right for
such reasons to d**ny to any portion of
the States or people rights expressly
conferred upon them by the Constitu
tion of the United States.
Second.. That so long as their acts
are those of loyalty ; so long as they
conform in all their public conduct to
the requirements of the Constitution
and laws, we have no right to exac^
from them conformity in their senti
ments and opinions to our own.
Third. That we have no right to
distrust the purpose or the ability of
the people ot the Union to protect an4
defend, under all cotHingencies, and by
whatever me^ns may be required, its
and no existence, seems to us at vari I honor and its welfare. These would,
auce alike with tbe principles rf the (in our judgment, be full and couclu