The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-03-22

ledge the Independence Of the Con
federats States.
In the Senate, on Wednesday, Mr. Bayard, o
Delaware, gave notice Of q rather startling
proposition, but one for which the country i
not altogether unprepared. As choice o
two evils, 1t Is undoubtedly the lesser, and IL
every way to be preferred. That is, tn,
acknowledgment Of the independence of thu
Confederate States is far beaois Aan civil war
or such attempts at coercion as are likely Il
result in that greatest Of national calamities
and If the government at Washington and thu
republican party are not prepared to accede Il
the ultimatum Of the revolted States con
stitution adopted by the Confederate Congress-
then the adoption Of the policy set forth in thu
proposition of Mr.. Baysrd is the very bes
thing Mr.. Lincoln and his Cabinet can Dc
under all the circumstances
We do not, however, agree with Mr.. Bayard
that "reunion is impracticable." 1t is at leas
due to the people Of the border and
Northern States to let them have an
opportunity Of voting for reunion OF
against it on the basis laid down by the
Congress Of the Southern confederacy before
either permanent separation is consum-
mated or the country is dragged by an unscru-
pulous fanatical party into civil war.
Mr.. Bayard thinks "there remains but one OF
two courses to pursue-n namely: war with q
view to sabjugation, or the acknowledgment OF
the independence Of the seven States as a Sc.
parate nationality" There is third course
which would solve the question without de-
stroying the interests of the North,
and that is the Acknowledgment of the
principles of justice and compromise
upon which cur present constitution is
founded. These principles are developed,
explained and made practical in the amend.
ments adopted by the Congress of the cotton
cdnfederacy. Let an extra session OF tho Con.
gress of the United States be called, and let
the constitution so amended be sent to the Sc
veral States to be voted upon, instead Of call
ing convention of all the States PROPOSE
ton which involves too much delay to have
any practical effect, which would exclude the
representation of the Confederate States, and
is really an ingenious device to evade pre-
sent difficulty, by transmitting it for solution
to posterity, when it will be too late to bridge
q gulf rendered impossible.
Mr.. Bayard well observes that, "whether the
right of secession claimed by the Confederate
States be among the reserved rights Of the
States, or revolutionary in its character, the
fact of new separate government is indispu
table, the enforcement of the laws has become
impracticable, and war cannot restore these
States to the Union" 1t is quite true that war
cannot restore them; but it is equally true that
peace may, and will, if followed up by the
adoption of the amendments to the constitution
which they propose. 1t is worthy of remark
that Mr.. Bayard holds that secession is not
among the reserved rights of the States, but is
revolution, organized by communities and by
the authority Of the people of the States in
whom the sovereignty rests. 1t is in the old
sense rebellion, but not in the modern Ameri-
can sense Instruction in State may be put
down by law, but you cannot meet the act of
the collective people except by war or peace
full negotiations. But it was not designed by
the trainers Of the constitution to substitute the
lOL TIC CAtA pOWOAt UAA euuc, tuouRu
there Is no provision in that instrument for the
secession of State, there is none to remedy it
by. force of arms. II it were otherwise, then
citizens would be placed in dilemma between
their allegiance to the federal government and
to their State and while the Union could hang
them for obeying the State, the State could
hang them for obeying the Union. In all such
cases the law of the domicil is necessa-
rily of paramount obligation; and hence, when
whole States secede, the allegiance is withdrawn
from the general government, and it is no
longer treason on the part of the people to
treason the constitution would be absurd; for
there would be no means Of Furnishing the
crime. With secession the federal magistracy
is gone, and there are no district attorneys,
judges, juries or marshals to execute the laws.
For instance, if Governor Pickens, of South
Carolina, or Governor Brown, of Georgia, were
to be tried for treason against the United
States, they must, according to the constitution,
be tried respectively in their own States, where
the offence was committed. The idea of trying
them is absurd, and II is evident that It ia i'm
possible to execute any laws of the Union,
even the revenue laws, in seeded States. The
authority of the federal government, how
ever remains as to the other States the same
as before, and the Union still exists, but with
the number of its stars and even its stripes
diminished.
The proposition of Mr.. Bayard is, that "the
President, by and with the advice of the
Senate, be vested with full power and autho-
rity to accept the declaration Of the seeded
States that they constitute an alien people, and
that he conclude with them a treaty acknow-
Lodging their independence as separate ma
ton" There is no other alternative than this
except disastrous war, which could only result
in the same thing, or the adoption, by at least
nineteen Of the border and Northern States, of