" mm TT TFT" T d TT1 ' v" " 1 ' "'' '
$3 Per Axxmrni
SOUTH SIDE OF TRADE STREET
CHARACTER IS AS IMPORTANT TO STATES AS IT JS TO INDIVIDUALS, "AND THE GLORT .OF THE OMS IS THE COMMON PROPERTY OF THE OTHER
W tie YATISIS, Editob aUd Pkopreitor.
CHARLOTTE, N. C., TUESDAY, AUGUST 28, I860.
FIFTEENTH V0LC11EN C II B E C 7S2.
UH X tl B I
)
Hi
WfiSTMH lljfiOCB&T
(o)Pflblished every Taesday,(o)
BY
WILLIAM J. YATES,
EDITOK AND PROPRIETOR.
"""OtHa $ 3 PER ANNUM, in advance.
$ 2 for six months.
tS5 Transient advertisements must b raid for
In advance. Obituary notices are charged advertis
ing rates.
Advertisements not marked on. the manuscript
f a specific time, will be inserted until forbid, and
charged accordingly.
$1 per square of 10 lines or less will be charged
for each insertion, unles the advertisement is in
serted 2. months or more.
AUGUST NIEMANN,
Practical Watchmaker fit Jeweler,
(Next door South of the Mansion House,)
CHARLOTTE, N. C. . .
The subscriber respectfully informs the publfe
that be is prepared to do all kinds of work in bis
line promptly and efficiently. He professes to
thoroughly understand his business, and those pa
tronizing hiiu may expect to have their -work well'
done.
J5gy" Clocks, Watches, Jewelry, Music-Boxes, Ac,
repaired at short notice and on satisfactory terms.
AUGUST NIEMANN,
. Next door to Mansion House.
' April 30, 18C6
Z. B. YANCS.
VANCJE, dSVD 6c JOHNSTON,
C. DOWD.
R. D. JOHN8TO.
ATTORNEYS AT LAW,
Charlotte, N. C ,
Having associated tnegiselves together, will prac
tice in the Courts of Mecklenbure, Iredell, Catawba,
Davidson, Rowan, Cabarrus and Union, and in the
Federal and Supreme Court3.
Claims collected anywhere in the State.
April 2, 1866 tf
MEDIC All C ARIX
DRS. GIDBON & McCOMBS, having associated
themselves in the practice of Medicine and Surgery,
respectfully tender their professional services to the
citizens of Charlotte and surrounding country.
From a large experience in private as well as
Field and Hospital practice, they feel justified in
proposing to pay special attention to the practice of
Surgery in all its branches. ,
Office in Grauite Row, tip stairs, opposite the
Mansion House.
ROBERT GIBBON, M. D. '
Dec 11, 1865 J. P. McCOMBS, M. D.
FULLINGS &. SPRINGS
Have removed their CLOTHING and MERGHANT
TAILORING STORE, to No. 4 Granite Row, lately
occupied by J. S. Phillips. We are offering our
stock of
II CAD -71 ADC CLOTHING
at cost for cash. Our former friends and patrons
will do wel to supply themselves at once.
We will keep at all times a good supply of Cloths,
Casj-iiners and Vestings, which will be niade'to
order in the best style and manner, We will keep
also a good stock of Hats, Shirts, Drawers and other
furnishing Goods.
FULLINGS & SPRINGS.
Jan 29, 1806
BSiitCtiasoii & Springs,
CHARLOTTE, N. C,
Ageuts of the most reliable l.VS I Jt.t.YCE
CiyJlllJIiES n the United States.
Be on the SAFE SIDE and insure your property
against loss or damage by fire.
Also, INSURE YOUR LIFE for the benefit of your
wife and children.
RISKS taken at moderate fates.
Call ou Hutchison & Springs, No. 4, Granite Row.
E. NYE-HUTCHISON,
J. M. SPRINGS,
March 5, 1866 Agents.
Ladies' Hats and Bonnets,
Trimmed and untrimroed ; Bonnet Ribbon, French
Flower, &c, very handsome, at
May 14th McLEOD & STEELE'S
Handsome and Fashionable styles of Ladies'
DRESS GOODS, Laces, Shawls, Ac, very cheap at
May 14th McLEOD & STEELE,
Grain and Grass Scythes,
Scythe Suaths, Ames' Shovels and Spades, Collins'
Axes, Ac, at McLEOD & STEELE'S.
5 Indies', Misses' and children's BOOTS and
SHOES, Congress Gaiters, and Slippers, very hand
some and cheap, at McLEOD & STEELE'S.
UTU Gents' aud Youths' Caps and Straw Hats,
very-low, at McLEOD & STEELE'S.
Linen and cotton Sheeting, Pillow-case Linen.
Ls. very low, at McLEOD & STEELE'S.
May 14, 1806
J." T. BUTLER,
Watchmaker Jeweler,
CUAKLOTTE, N. C,
Respectfully informs the citizens of Charlotte and
surrounding country that he has opened a shop in
the store occupied by C. M. Query, uext to Springs'
corner, where he will give prompt attention to re
pairing Watches, Clocks, Jewelry, Ac.
Watch-glasses and materials in general atwhole
sale and retail.
May 22, 1865. tf
The Southern Express Company,
For the transportation of merchandise, valuable
packages, specie, bank notes, bonus, sc, ior an pans
uf the South and Southwest, in connection with
ADAMS EXPRESS COMPANY,
iiave established their agency at 59 BROADWAY,
SEW YORK, where orders to call for goods to be
forwarded South will receive prompt attention.
Merchandise and valuables delivered to Harnden's,
Kinsley's, American and United States Express Com
panies, Cjr the Southern Express Company, will re
ceive prompt dispatch.
For particulars, rates of freight, kc. &c, apply at
the office of the Southern Express Company, 53
Broadway. h. B. PLANT,
Dec 18, 1S65. President.
. . . . .
JOriN VOGEL.
R A CTICAL TAILOR,
Respectfully informs the citizens of Charlotte and
surrounding country, that he is prepared to manu
facture gentlemen's clothing in the latest style and
at short notice. His best exertions will be given to
' ender satisfaction to those who patronize him.
Shop opposite Kerr's Hotel, next door to Brown &
Stitt's store.
Jauuary 1, I860,
VALUABLE REAL ESTATE
For Sale,
My farm containing 175 acres, lying two miles
east, from Charlotte, on the Lawyer's Road, in a
good neighborhood. About one half of this tract is
wood-land. The improvements consist of a double.
Log-Cabin, Barn, Ac, a Well of excellent water,
and an orehard of selected fruit on the premises.
Posession given 1st January, 1867, and permission
given to sow small grain this Fall.
Also, a small brick Dwelling House in Charlotte
containing 5 rooms, located sear the Depot and
convenient to business.
Also a large brick two story Store room at David
son College, 110 by 30 feet, handsomely finished
and centrally iocated, with a counting room and
cellar attached, and a small, frame Dwelling House
and Well of water on the premises. ' " '.
Any. or all of these properties will be sold on
terms to suit the times, and must be sold.
JASi II. CARSON.
July 23, 1866. tf
CHARLOTTE FE3IALE INSTITUTE,
CHARLOTTE, N. a
The next session commences on the 1st of October,
1866, and continues until 30th June, 1867.
The session is divided into two Terms of Twenty
weeks each ; the one commencing the 1st October,
1866, and the other the 15th February, 1867.
Expense per Term of Twenty weeks :
Board, including every expense, except
washing, $105 00
Tuition in Collegiate Department 25 00
" " Primary " 20 00
Music, Modern Languages, Drawing and Painting
taught by competent and thorough Instructors at
usual prices.
Tot circular and catalougue containing full par
ticulars, address
KBV. R. BURWELL & SON, Principals,
July 9, 1866. Charlotte, N. C.
CATAWBA FLOURING MILLS.
The undersigned has put his Mills in first rate
grinding order, and is prepared to make Flour of
superior quality. There are three pair of runners
two for wheat and one for corn, and will grind from
150 to 200 bushels of grain in 24 hours. "The old
patrons of the Mill know that justice h.is always
been done them, and the undersigned solicits a con
tinuation of their cus'ohi as well as that of new
ones. He is g'ateful for the liberal patronage here
tofore extended to his Mills.
W. H. NEEL.
July 23, 18G6 pd
COM Oil I) FEMALE COLLEGE.
The next Session will commence on the first Mon
day of September, and will close on the 21stof De-"
cember. The expense of Tuition and Board with
washing included, will be from $90 to $100. Par
tial advance payments will be expected. All need
ful indulgence, however, will be given our patrons.
Let no good and punctual parent hesitate to send
his daughter because he cannot raise the money to
pay in advance. Each pupil will furnish her orwn
lights and towels, and also a pair of sheets and
pillow cases. Extra charges will be made for Mnsic,
French, Latin and Drawing. Address,
J. M. M. CALDWELL,
July 16, 1866 Statesville. N. C-
Ceiitiine Durham
SMOKING TOBACCO.
The undersigned is the sole proprietor of the
above named article, being the successor of the
original manufacturer.
Having obtained letters patent for said article,
he hereby warns all persons against manufacturing
or attempting to manufacture said article.
All venders of the "Genuine Dorham Smoking
Tobacco," must obtain it from me directly or from
my authorized agents.
The following are my sole autnonzeu Agents ai
present. Others will be added : .
Stenhouse & Macaulay, Charlotte ; WD Smith,
Fayetteville; Walker, Farrar & Co, Newberu ;
Northrop & Cumraings, Wilmington : H D Teel, Tar
boro; J E Venable, Petersburg ; Ashton & Emerson,
Portsmouth, Va.; Adolph Berry, 172 West Pratt St.,
Baltimore: March, Price & Co., 91 Waller St., New
york. J. R. GREEN.
Durham's, Orange co, N. C, June 25, 1866 . 3m
Stenhouse & Macaulay, Agents at Charlotte.
ATTENTION
People or Charlotte and sur
rounding country!
SELLING OFF BELOW N. T. COST.
A70 HUMBUG HQ HUMBUG! !
A $30,000 Stock of Goods must all It sold
in three months.
The citizens of Charlotte and surrounding coun
try will do well to call at H. E. MORSE'S before
purchasing elsewhere, as they will save from 25 to
50 p cent by so doing.
Merchants from the city and country will do well
io give jne a call, as I will sell them Goods cheaper
than the cheapest. I have on hand a large and
well selected stock of
Dry Goods, Clothing, Millinery,
Ladies', Gents', Hisses' and children's Boots and
Shoes, a large assortment, all sizes ; Calicoes
of every variety ; Hats and Caps ; Confectioneries ;
Crockery; Trunks; Valises; a large stock of Notions,
and many other articles too tedious to mention.
jsgr- Don't forget the place at Dr. Pritchard's
old stand, opposite the. Court House.
II. E. MORSE.
ALSO, for sale a fine, spacious RESIDENCE,
with good Garden and out-houses attached.
H. E. MORSE.
June 25, 1865 3m
JUST RECEIVED.
Some No. 1 Mackerel; large and fine Sacks Liver
pool Salt; 500 bushels superior Corn.
A lot of North Carolina Shoes, made at Thomas
ville, Ladies' and Gentlemen's.
A lot of superior Shoes from Philadelphia.
Some beautiful Summer Prints; Bleached and
Brown Domestics; Bleached Cotton Diaper; Bed
Ticking. Fine Napkins."
June 25, 1866 H. B. WILLIAMS.
ALFRED iTIARTIN.
(Surviving partner of late firm of Rankin & Martin,)
General commission jviercnant.
WILMINGTON, N. C.
Personal and prompt attention given to the pur
chase and sale of all descriptions of Produce, and to
the receiving and forwarding of Goods. Charges
for the same as reasonable as those of any other
regular biisins bouse in the city.
He has ample Warehouse and Wharf room, and
an experience of thirty years in the business, and
therefore feels confident of beig able to give entire
satisfaction t all who may favor him with their
patronage.
References T W Dewey, John A Young, M L
Wriston, John Wilkes and Wm J Yates, Charlotte.
June 25, 1S0J 2m
Hfestfrn 3Jrmo.tr at.
CHARLOTTE, N. C.
AN ADDRESS
TO "THE PEOPLE OF THE UNITED STATES,
Having met io ' 'Convention at the city of
Philadelphia, io the State of Pennsylvania, this
JOth day of August. 1866, as the represent
tives of the people in all sections, and all tbe
States and' Territ6ries of the Union, to consult
upon tbe condition and the wants of the com
mon country, we address to you this declaration
of our principles and of the political purpose
wo eeek to promote. - : ' "
Sinoe the meeting of the last National Con
vention, in I860, events haytf occurred which
havd changed the character of our internal
politics and given tne united ' states anew
place atnons the nations of the earth. Our
Government has passed through tbe vicissitudes
and the perils of civil war a war which, though
mainly sectional in its character, has neverthe
less decided political differences that, from the
very beginning of the Government, had, threat
ened the unity of our national existence, and
has left its impress deep and ineffaceable upon
all the interests, sentiments and the destiny of
the .Republic. While it has inflicted opon the
whole country severe losses in life and in pro
perty, and has imposed burdens which must
weigh on its resources for generations to come,
it has developed a degree of national courage in
tbe presence of national dangers, a capacity for
military organization and achievement, and a
devotion on the part of the people to the form
of government which they have ordained, aud
to the principles of liberty which" that Govern
ment was designed to promote, which must con
firm the confidence of the nation in the perpe
tuity oi its republican institutions and command
tbe respect of the civilized world. Like all
great contests which rouse the passions and test
tbe endurance or nations, this war has given
new scope to the ambition of political parties,
and Tresh impulse to plans of innovation and
reform. Amidst the chaos of conflicting senti
ments inseparable from such an era, while the
public heart is keenly alive to all tbe passions
that can sway the public judgment and aflect
the public actions: while the wounds of war are
still fresh and bleeding on either side, and fears
for the future take unjust proportions from tho
memories and resentments of the past, it is a
difficult but imperative duty which, on your be
half, we who are here assembled have under
taken to perform.
For' tbe first time after six long years of
alienation aud of conflict we have come togeth
er, from every State and every section -ol our L
land, as citizens of a common country, uoder
that flag, the symbol again of a common glory,
to consult together bow best to cement and per
petuate that Union which i? again the object of
our common love, and thus secure tbe blessings
of liberty to ourselves and our posterity.
In the first place we invoke you to remem
ber always and everywhere that the war is end
ed, aud the nation is again at peace; 1 he shock
of contending arms no longer assails the shud
dering heart of the republic. The insurrection
agains-t the supreme authority of tbe nation has
been suppressed, aod thatauthority has been again
acknowledged by word and act in every State
and by every citizen within its jurisdiction.
We'are no longer required or permitted to re
gard or treat each qther as enemies. Not only
have tbe acts of war been discontinued and-the
weapons of war laid aside, but the state ol war
no longer exists) and tbe sentiments, the pas
sions, tne relations or war nave no longer lawlul
Or rightful place anywhere throughout our broad
domain. We are again people of the. United
States fellow-citizens of one country, bound
by the duties and obligations of a common pa
triotism, and having neither'rights nor interests
apart from a common destiny. The duties that
devolve, upon us now are again the. duties of
peace, and no longer tbe duties of war. . We
have assembled here to take counsel concerning
the interests of peace;- to decide how we may
most wisely and effectually heal the wounds the
war has made, and perfect and perpetuate the
blessings it ha? secured and the blessings which,
under a wise and benign Providence, have
sprung up in its fiery track. This is tbe work
not of passion, but,of calm and sober judgment,
not of resentment for past offences, prolonged
beyond the limits which justice and reason pre
scribe, but of a liberal statesmanship which
tdlcratfb what it cannot -prevent and builds its
plans and its hopes-for tbe future rather upon
a comoiunjty of interest and ambition than up
on distrust and tbe weapons of feree. - lathe
next plaee, we call upon you to recognize, iu
their full significance, and to accept wttn all
their legitimate consequences, the political re-sulta-of
the war just closed. Iu the most im
portant particular, the victory achieved by the
national government has been final and decisive.
First, it has established, beyond all controversy,
and by tbe highest of all human sanctions, the
absolute supremacy of the national government,
as defined and limited by the constitution of
he United States, and tbe permanent integrity
and indissolubility of the Federal Union as s
necessary consequence. And seeond, it has put
an end, finally and forever, to the existenee of
slavery upon the soil or within the jurisdiction
of tho -United States. Both these poiuts became
directly involved in the contest, and cootruvtr
sy upon both was ended absolutely and fiually
by the result. In the third place, we deaiu it
of the utmost importance that the real cbarac-
ter of tbe war, and the victory by wtucn it was
closed, should be accurately understood. The
war was carried on by the government of the
United State iu maintenance of its own author
ity and in defence of its own existence, both of
which were menaced by tbe insurrection which
it sought to suppress. The suppression of that
insurrection accomplished that result. The
government of the United States maintained by
force of arms the supreme authority over all the
territory aBd over all the States and people with
iu U jurisdiction, which the constitution con
fer upon it. But it acquired thereby no new
power; no enlarged jurisdiction; no rights eith
er of territorial possession or of civil authority,
which it did not. possess before the rebellion
broke out. All tbe rightful power it can ever
possess is that which is conferred upon it, either
if express terms, or by facts and necessa'ry im
plication, by the constitution' of -the United
States. .
' It 'was that power and that authority which
the rebellion sought to Overthrow,, aiid the vic
tory of the federal anny was simply the defeat
of that attempt. The government of the United
Skates acted throughout the war oh the defen
sive.. It sought only to hold possession of what
was already its own. Neither the war, "nor the
ictory by which it was closed, changed in. any
way, the Constituttbn of the tTnlted 8tates,
Tbe war was carried on by virtue of its provis
ions and under, the limitations which they pre
scribe, and tbe result of the war did not either
enlarge, abridge, or in any way change or affect
the powers-it confers -upon the federal govern
ment, or release that government from the re
strictions which it has imposed. The Consti
tution of the United States is to-day precisely
as it was before the war, "the tupreme laic of
the land, anything in the Constitution or laws
of any btate 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 lan
guage and spirit of the constitution, but'by all
the acts and the language of our government io
all its departments and at all times. From the
outbreak of the rebellion to its 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 maintain
tbe authority of the Constitution, and preserve
the integrity of the Union. And Congress
more than once reiterated this solemn declara
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. It is only since
the war was closed that other rights have been
asserted on behalf of one department of the
general government. It has been proclaimed
by Congress that in addition to the powers con
ferred upon it by tho Constitution, the Federal
government may now claim over the States, the
territory and the people involved in the insur
rection, the right of conquest and of confiscation;
the right to abrogate all existing governments,
institutions and laws, and to subject the territo
ry conquered and its inhabitants to such laws,
regulations and deprivations as 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
no fctafc shall, without its consent, be ' de
prived ofits equal suffrage. in the Senate of- the
United b tales 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 a 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 com
ply witl; such conditions and perform such acts
as this Congress, thus composed, may itself pre
scribe. That right hag not only been asserted,
but it bus been exercised, and is practically en
forced at the present time. Nordoes it find any
support in the tbpory that the States thus ex
eluded arc in rebellion against the government,
and therefore precluded from sharing its au
thority. They are not thus in rebellion. They
are one and all. in an attitude of loyalty towards
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
against its just and binding obligation. This
condition of renewed loyalty has been officially
recognized by solemn proclamation of the Ex
ecutive Department; fhe laws of the United
States have been extended by Congress over all
these States and the .people thereof: Federal
courts have been re-opened and Federal, taxes
- i -j i j. i .
imposeu auu ievieu, anu, in every respect, ex
cept that they are 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 tbe other States of
our common Union. '
. It seems to us, in the exercise of the calmest
and most candid judgment we can bring to the
subject, that such a clarrn, so enforced, involves
as fatal an overthrow of the authority of the
Constitution, and as complete a destruction of
the government and Union, as that which was
sought to be effected by the States and people
in armed insurrection against them both. It
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. It is
not made to depend upon any. specified condi
tion, or cuicuuastaoeeSr nor to be subject to any
rules or regulations whatever. The right as
serted, and exercised is absolute, without quali
fication or restriction oot.eonfioed to States in
rebellion nor to States that have rebelled it is
the right of any Congress, in formal possession
of the legislative authority, oxclude any State
or States, and aov portion of the people thereof,
at any time, from representation in Congress
and lu the electoral college, at itf owo discre
tion, and until they shall perform such acts and
comply. with such condition" as it may dietate.
Obviously the reasons- for such exclusion,
being wholly within the discretion of Congresa,
..may change as the Congress. itself shall change,
j Ooe Congress may exclude a State from all
share in tho government for one reason; and,
that reason removed, the next Congress may
!
exclude it for another. One State may be ex-
: ciuueu ou one grvuou Vuay, j
J be excluded on the opposite ground to-morrow.
: Northern ascendancy may exclude Southern
1 States from one Congress. Tbe ascendancy of
lJ.J J - J o.-
Western or of Southern interests, or of both
combined, may exclude the Northern 6t the
Eastern States from the next.
Improbable as sueh usurpations may seem,
the establishment of the principle now asserted
and acted upon by Congress will render them by
no means impossible. The character, indeed the
very existence of Congress and the Union is
thus made dependent solely and entirely upon
tne party and sectional exigencies and forbear
anoes of the hoar. ' -
We need not stop to show that such action-
not only Hods no warrant in the Constitution,
but is. at war with every principle "of our Gov
ernmeot, afld with the very existence of free
t. i ...t ei. i
inBiifcwv.i&u xt is, iooeu, iBe identical prac
tice which has rendered fruitless all' attempts
hitherto to establish and maintain free govern
ment 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 behests. Stability,
whether in the exercise of power, in the ad
ministration of-Government, or in the enjoy
ment of rights, becomes impossible and the
conflicts of party, which, under Constitutional
Governments, are the. conditions and means of
political progress, are merged in the conflicts of
arms, to which they directly and inevitably
tend. '
It was against this peril, so conspicuous and
so fatal to all free Governments, that our Con
stitution was intended especially to provide.
Not only the stability, but the very existence of
tne uovernmenc is tnaae, ey us provisions, to
depend upon the right and tbe fact of represen
tation. The Congress, upon which is conferred
tbe legislative power of the National Govern
ment, consists of two branches, the Sena'te and
House of Representatives, whose joiHt concur
rence or assent is essential to the validity of
any law.. Of these, 'the House of Representatives"-.
says the Constitution, article 1, section
2 "shall be composed of members chosen every
second year by the people of the several States."
Not only is the right -of representation thus re
cognized as possessed by all tbe States, and ly
every State without restriction, qualification or
condition of any kind, but the duty of choosing
representatives is imposed upon the p'eope of
each and every State alike, without distinction,
or the authority to make distinction among
them, for "any reason or upon any grounds what
ever. And, in the Senate so careful is the
Constitution to secure to every State this right
of representation it is expressly provided that
"No StayShall, without its consent, be deprived
of its equal suffrage" in that body, even by an
amendment cf the Constitution itself.
When, therefore, any State is excluded "from
such representation, not only is a light of the
tJTace'-dmefr; m th constitutional integrity of
the Senate is impaired, and the validity of the
government itself is brought in question. But
Congress, at the present moment, thus excludes
from representation in both branches of Con
gress ten States of the Union, denying them all J
share in the enactment of laws by which they
are to be governed, and all participation in the
election of the rulers by which those laws are to
be enforced. Io .-other words, a Congress in
which only twenty-six States are represented,
asserts the right to govern, absolutely, and in its
own discretion, atl the thirty-six States which
compose the Union; to make their laws and
choose their rulers, and to exclude the other
ten from all share irr their own government un
til it sees fit to-admit them thereto. What is
there to distingush the power thus asserted and
exercised from the most absolute and intolera
ble tyranny? Nor do these extravagant and
unjust claims on the' part of Congress to powers
and authority never conferred upon the govern-
mentby the constitution, find any warrant in
the arguments or excuses urged on' their behalf.
It is alleged:
First That these States, by the act of rebel
lion, and by voluntarily withdrawing their mem
bers from CongTess, forfeited their right" of
representation, and that they can only receive
it again at the bands of the- supreme legislative
authority of the government on its own terms
and its own discretion. If representation in
Congress and participation iq the government
were simply privileges conferred and held by
favor, this statement might have the merit of
plausibility but representation is, under tbe
constitution, not only expressly recognized as
a right, but it is imposed as a duty, and it is
essential, in both aspects, to the existence of
tbe government and to tbe maintenance of s
authority. - In free governments fundamental
and essential rights cannot be forfeited, except
against individuals, by due process of law. ' Nor
can constitutional duties, and obligations be
discarded or laid aside. The enjoyment of
righta may bo for a time suspended by the- fail
ure to claim them, and duties may be evaded
by the refusal to perform them.
The withdrawal of their members from Con
gress by the States which resisted the general
government was among their . acts of insurrec
tion was one of tbe means and agencies by
which they sought to impair tbe authority and
defeat the action of the government. And that
act was committed, add rendered void when the
insurrection itself was suppressed. Neither the
right of representation nor the duty to be repre
sented was in the least impaired by the fact of
insurrection. But it may have been that by
reason of the insurrection tbe conditions on
which the enjojmeqt of that right and the per
formance of that duty for the time depended
coald not be fulfilled.
This was in fact the case. An insurgent
power, in the exercise of usurpation and unlaw
ful authority in the territory under its control,
had prohibited that allegiance to the constitution
and laws of th United States which is made by
that fundamental law the. essential condition of
representation in its government. No man
within the insurgent 8. t a tea was allowed to take
the oath to support the constitution of the Uni
ted States, and, as a necessary consequence, no
man could lawfully represent those States in the
councils of the Union. .
But this was only an obstacle to the enjoy
ment of the right and io tbe discharge of a duty.
'It did not annjil tha one nor abrogate the other,
and it ceased to exist when the usurpation by
which it was created had been overthrown, aad
the States had again resumed their allegiance te.
the constitution and laws of tbe United States
Second BaHt is asserted, in stpport of the
authority claimed by the Congress now in pos
session of power, that it flows directly from tbe
laws of war; that it is among the rights, which
victorious war alwaya confers iponr the con
querors, and which tbe conqueror may exercise
or waive, in his, owor discretion. To this we re-.
ply that the laws in Question relate solely, so
far as the righta tbey confer are concerned, to
wars waged between alien and independent na
tions, end can. bare no place or force io this re
gard in a war : weged by i government to sup
press an insurrection ofits own people, upon its
own soil, against its authority. If we had car-,
ried on successful war against any foreign na
tion, wet migh t thereby have acquired possession
and juriadiatioQ of their toil, with the right to
enforce our laws upon their people, and to im
pose upon them such laws and such obligations
as we might clioose. But we had' before the
war complete jorisdictron over the soil of the
Southerg States, limited only by our Own con
stitution. Our raws were the only national lawa
in force upon it; tbe government of the United
States was the only government through which
those States and their people bad relations .With
foreign cations, and its flag was the only flag
by which they were recognised or known any-
where on the face of the earth. Iq all these re
spects and io all other respects involving na
tional interest and rights, our possession was
perfect and complete. It did net ne'ed to be
acquired, but only to be maintained, and victo
rious war against the rebellion could do nothing
more than maintain it could only viodicate and
re-establish tbe disputed supremacy of the con
stitution. It could neither enlarge nor diminish
the authority which that constitution confers
npon the government by which it was achieved.
Such an enlargement or abridgment of cocsti- -tutional
power can be effected only by the
amendment of the constitution itself, and such
amendment can' be made only in the modes
which the constitution itself prescribes. The
claim that the suppression of an Insurrection
against the government gives additional author
ity and 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 natiocaLcounoils, without
which tbe nation itself can have . no authority
and no existence, it seems to us is at. variance
aliko with the principles of the constitution and
with the public safety. . ,
Third But it is alleged that in certain par
ticulars the constitution of the United States
fails to seoure that absolute justice and impartial
equality which the principles of our government
require. That it was in these respeots the re
sult of compromise and concessions, to which,
however necessary when (he constitution was
formed, we are no longer compelled to submit.
and that now, having tbe . power, through suc
cessful war, and just warrant for ita exercise, in
the hostile conduct of the insurgent section, the
actual government of tbe United States may im
pose its own conditions and make the constitu
tion conform, in all its provisions, to its own
ideas of equality and the rights of man.
Congress, at its last. session, proposed amend
ments to the constitution, enlarging io some
very important particulars the authority of. the
general government over that of the several
btates, and reducing by indirect disfranchise- V
ment the representative power of the States la .
which slavery formerly existed. Aud it is
claimed (hat these amendments may be made
....1:.4 . . . I : - 1 -. i
vaiiu ua pan ui iuo original constitution wiin
out the concurrence of the States to be most
seriously affected by them, or may be imposed
upon those States by three-fourths'' of the re- '
matniog 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 te make such changes in
(he constitution as they, upon due deliberation,
may deem expedient Bat we insist that they"
shall be made in the mode which tbe constitu
tion itself rointa out, in conformity with the
letter and the spirit of that instrument, end with
the principles of 'self-government end equal
rights which lie ' at the basis of our republican
institutions. We deny tbe right of Congress to .
make these changes in the fundamental law
without the concurrence of tbree-fourtbs of all
the States, including especially those to be most
seriously affected by them, or to impose them
upon States for people, as conditions of repre
sentation or of admission to any -of the rights,
duties or obligations which belong aoder the
constitution, to all the States elite. -.
And with still greater emp&asis do we deny
tbe right of any portion of the States excludiog
the mt of the States from any there in their -councils,
or to propose or sanction changes Sn the -constitution
which are. to affect permanently
political relations and control or soerce tbe legit
imate action of the several members of tbe com
mon Union. Sueh an exercise of power is
simply a usurpation jast as unwarrantable when
exercised by Northern States as it-would be if
exercised by Southern ; and not to be fortified
or palliated by anything is the-past history
either of those by whom it is attempted or ef
those upon whose rights' end liberties if is to
take effect. It finds no warrant io tbe consti
tution ; it js at war with tbe fundamental prin- '
ciples of onr form of government, and if tolerated
in one instance, it becomes the - precedent for .
future invasion of. liberty and constitutional
right, dependent solely "opon the will of. tbe
party. In possession of power, end thus leads, by
direct and necessary sequence, to the most fatal!
and intolerable of all tyrannies- -the tyrannies
of shifting . and irresponsible factions. ,lt is
against this, the most formidable ef all dangers'
which menace the stability of (ree government, '
that the ooostituuon of tbe United States was
intended most carefully to provide. We demand
a strict sod steadfast adberenee to its provisions.
q this, and in this alone, can we find a basis of
permanent union and peace.
Fourth 'But it is alleged, la justification c
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