The national Republican., 1862-04-23
TaE FUTURs OF THe SOU rHHnN
FREE NE0ROEs.

ho suo Wef uuveuCeB, tne mOto uOco IL Do-
come apparent, that some measures should
Immediately be adopted BY Government, or by
the benevolent OF the country, to dispose In
some manner Of the thousands Of colored peo
pie who are seeking freedom and protection
| within our lines. what Is 10 be done with
them" Is now the great question. In answer
10 this question, we cheeriully give place TO the
following article, written by Miss CARROLL, Of
Maryland, which Is Q review Of an editorial
which appeared in late number Of the New
York Times.
Miss CARROLL long since emancipated her
own slaves, and has ever been true and con.
s!stent friend Of the colored race, and we hope
10 see her benevolent designs In their bshalf
speedily consummsted.
To the Editor Of he Ne,o York Times:
In your article Of the 23d ult., headed The
Future Of the Southern Free Negroes" Il is
assumed that the thousands who have been
thrust upon the protection Of the General Gov.
ernment by the overthrow Of State laws are
properly TO be called freedmen, and that they
must forever remain free.
To support this view two theories Of consti.
tutional law are adduced.
The first, the radical theory Of Senator Sum.
ner, that Is, ITO treat the Government Of the
rebel States as destroyed, and 10 set mp terrific.
rial governments in their stead"
The second. the conservative theory of Presi
dent Lincoln, which treats the States as still
in the Union, and upon the suppression Of the
rebellion "ther government will be again, es
of old, under the control Of their own inhnbi.
tants In the Union with their former laws net
much, II at all, changed" And you ask, "Whst,
In that case, would be the condition Of these
freedmen
Are they to be left to the mercy Of the old
slave laws. What protection would they have
against the claims Of their former masters!
Certainly, such claim would be made, aud IL
allowed to be decided BY the old laws, you
admit that these freedmen would be remanded
TO bondage.
To obsiate this evil, you propose that, "these
freedmen be taken up as ,odrds Of the General
Government, declared TO be such, subject 10
regulations made by the General Government,
whose rights shall only be passed upon by the
courts OF the United States created for that
} purpose" And as you invite full discussion,
beg to submit few thoughts upon this i'm.
portant subject.
8 do not think that the laws Of The seeded
9 States are overthrow. The status of no human
!. being 10 bis relation to others, either bond U
s free, has or can be changed by this war, uules
e upon the success Of the rebellion.
The object Of the rebellion is to destroy th,
allegiance Of the people Of the United States
and to transfer II to another and foreigl
Power.
The soils object Of the United States, in thi
IL war, is to mantaiu the status Of the people q
D. heretofore, not only in their relations to th
l. governments, State and national, but in ihei
,t relations to each other.
B. Admitting that the seeded States have con
IL mit,ed telo de Sc, and that our Government doe
n' now hold South Carolina as conquered pro,
" ince, yet there is not single law Of that State
Z. in relation 10 private rights, which would
N affected by the conquest. Vattel says:
"The cOnqueror. who takes town or pro,
ince from his enemy, cannot justly acquire Ovt
II any other rights than such a. belonged to n
sovereign. against whom he has taken up arms.
But If the entire State be conquered, II tt
0, nation be suhdued, if the coHalcrc
N thinks proper u retain the suvereignty Of tn
b. conquered State, and has right 10 retain ;
ID reason says Vattel, plainly evincs
:" that be acquires no other rights, by his col
ng quest, than such as belonged TO the spvereig
Or whom he has dispossessed and on the sui
mission d the people, be is bound to COVER
them according 10 The laws Of the S'Se.'"
Chancellor Kent says:
ID at 10 settled principle, in Ihc laws an
&C usage of nations, that the inhabiisn's Of u col
4. qucred territory change their allegiance. an
=, their relations to their iUrn~r -overeign al
IL dissolved; but their relations 10 each other ai
th their rights Of property, not taken from the
nl- by orders Of the congueror, remains unhistiitl
ed" And lie cites the Supreme Court as
Gliding that the laws, usages, and municp
regulations, in force a! the time of conquest
Jt- cession, remain in force until changed by Il
d. new sovereign"
-. Now, by this authority II follows that ev,
no. by the radical theory, the slave laws of Sou
ne Carolina are not overthrown by conquest, II
is, any other law which In not repugnant TO Il
Constitution of the United States
That the slave laws Of South Carolina are
harmony with the Constitution of the Uti
~, States, II eds no other proof than that IN,
ast stood upon her statute book before the Co
dts stitutiOn was made.
1t will not be forgotten that 1t waN this Sta
'J' who secured the continuance of the slave tra
cir under the Constitution for twenty years. un
vas beysnd all doubt, these very negroes are I
d"acendants OF the Africans imported there, u
der the authority Of the Constitution
Our Government wages no war nf conq /,
ice against any State Of the Natona! Uuon.
hat it wars against rrhellous power. foreign a
mt, hostile alike to the Uuion, and TO the oppresy
mo- Sta. es Of the South.
.o,. The States one and all, with their dom
and their institutions, are the Unions, =!
must forever remain.
There IL this distinction between u war
RK- pellng an invasion, and u war suppressins
,.o rebellion when the invasion is repelled, I
''e, enemy returns TO the country Of bis alIcgian
md When the rebellion is suppressed, the sncl
returns to bis citizenship under the Consi
her ton.
I'd "H," says Vattel, the sovereign retail
'"' those towns countries or prisoners, who
surrendered to the enemy, he RECEIVERS all
former rights over them, and is bound to
rhe establish them in their pristine condition"
Upon the submission, them Of the people
the seeded S ates TO the authority oI the Uni
l'a II will be the imperative duty of the Gov"