New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-06-29

Assuming the reasonable theory that rebe Hon in po
htca dlsraucisement thai rebel iOus puoic onieeis
virtually vacse their Offices by the fact OF their treason
alone; and that private citizens In taking an attt9ue
of revolt thereby degrade themselves to the CONDITION
OF mere denizeus end avoid all their political nights;
then, unless the State be thereby remanded to The
character Of territory lapse iDto province, tne
loyal adheents to the Republic, one and lndlvlslOle
however few in numbers they may be, still constitute
the State and competent TO exercise ITS functlons
municipal or Federal.
That the State eases to exist SUCH and becomes
mere territorial dependency province OF the nation
because Of the submission Of the mass OF s nhaoahts
to military force sustaining revolt against the Gov
eminent, would certainly appear to be dangerous
doctrine, untenabe upon the maxins OF our rohy snd
fagraDt'y unjust TO such citizens yet confess ale
glance to the Union Nothing less than universal
and unc0Dtadiced popular acquiescence In TIE usurpa
ton could degrade the State 10 this provincial eharac
ter and unclohe her of her powers II her membership
OF he Union is thus legally ndestrueibe, save by
really voluntary ard unanimous detection OF ber people,
tneu the hight TO exercise State functions whether OF
lo,al Federal kind, must reside somewhere; snd;
as il cannot be vested elsewhere, must be dey0lved
upon those loyal citizens who faithful among the ial u
lees, ahOugh in the midst Of communities largely re-
belllons, still adhere 10 their American citizenship
THE State c9RHot commit treason, even by q con-
spiracy OF all the agents and repositories OF Stas
authority, supported by the consent OF majority OF
citizens j, is crime for which tie iadpdu0L guNy
of il are slone responsble and il carries political
minority. The latter, far from suffering In com
mon and sweeping disfranchaement through the DIS.
loyalty Of heir fellows, retain Of right and N law, all
the immuties they previously enjoyed, ana can com
bine in assuming the functions Of the Commonwealth.
statute OF North Carolina designates the flrsi
Thursday Of August in every alternate year a. the Day
for The eli elton by the people Of members OF the Nd
tioual Congress This statute, however the reasoia-
BILE Convention which assembled al Raleign OIL tle
20th of May last claims to have abrogaed, together
with all other legislative acts and CONSTITUTIONAL pro-
visions directly b. Implication Recognizing the Gen
eral Government And even had not tie Conven'l0n
thus unwaranedly arroeaied The power TO repeal tnis
law, election under n would lie ignored by Ire Toy
ernor and other public officers, who world reuse 70
grant certificates 10 such persons M m.ht eeeeed.
II j. submitted that this default cannot DERIVE inc
oyal Ile OF North Caroline OF their right III repre-
aeLtation in Congress put il in allegiance however
bret. II the various tornalities prescribed III the
premises are would seem 10 be true only junction
al aud Incidental and not essential and Integral ele-
neAs Of a valid election, iaetous refusal 10 comply
with them on the Iart If sedi0us officers should not
nyaldae the claims of the successful candidates Tor
the popular surgges. Technical customary require
uents, vey wise and proper in ordinary times, but
which the current aseencercy OF rctehon IN me south
renders ID in most iustJ impfaCicble to fulhl,
onpt certainly 10 be waived not inexorlhy Deces-
sary where unless disperf.A WITH The will OF loyal
PEOPLE, uttered in lesitiDse erection would DO de-
ieatcd.
H. the present circumstances the usual Official GER
dictates election cannot be insisted upon as Deces-
sry The officers authorized 10 GRANT them have re-
undated the GoyerB emf and all that apperahs to or
recognizes it. u is imp ssibe to Obtain ITEM and
the lw never Requires an inpotsbllity. Moreover,
N. Offices tlemaelyes are vacant by the Treason Of
ueirincumbene who have thereby disqualified them
sslyes and demand 40 recognition by people whom
hey have wickodly betrayed. Their ceiiheates ~ould
Jo.-ers authority q an Official character:
Legal documentary evidence, however informal, II
such &. would satisfy jury III trial of case HI coat,
il. ail that should be asked for by the House The
ostab hment Of the fact u an e'ct on should be snl-
Gent seat the claimant particularly III lhe aosen'e
Of Il contest by any competitor.
The ball0;-boI K Dws no quorum; and the ense OF
the claimant Of cannot be affected 10y the grea er
less number Of votes thrown 1T the election. Inc
rialt Of suffrage IL individual one vested IN
each l,gal elector separately, and the eoopeIa-
ton Of Ia not essary give efficiency Inc
ri Id cannot be impaired by tie default III however
large q number Of cletton who may abstain IRON TIE
polls II isatertion Intimidation prevent general
vote the election If properly conducted, Is valid new
erlels- and ID decided by the ballots aotHoHy east
Aarl fiom tie iucIely legal aspects Of tie care, tne
Lighest cOug1cratiJus Of public polcy suggest a
prompt ard generous recognition az the Chains OF
thos whom tie protesting loyasts Of the South, now
uharnoI and oalets may send 20 the Congress OF
Tie baiion their ehamIiors and spokesnlen' NO
technical obje lions or peiinogging hsws OF mere
form llty should be allowed TO complete the dlsil an
ci-emeut under which they already labor. And thOe
Northern praters about "cOmprUmie and peace"
who would abandon them TO the bondage Of trer op-
prerr n, and 10 iearul punlehmente postponed only
ill the dread Of ret iLutiUn is withdrawn shOud know
that the loyul voice of the South all for wnr-war
40, Of subu CATION and vengeance, but Of delverance
aud restoration We should teach too, those foreign
Powers now elupoised in neutrality which inch.s
10 active concert with what they dfen people uuani-
mously struggling for independence OF the Federal
authority that the ssomug submission OF the masses
TO tie usurpations Of the consEirators against the
beoefcent Government Of the Union is terror
stricken acQuescence ;earfully awaiting tie strong
80 at 81. and ttada and siu cd.
Lesion. CHARLES IIESRY FosTyR,
Ha,Aingtys Cfy d. e.. June a. 1901 o. North Carolina