The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1862-09-13

choice only because he does represent them
too sceH
lay no stress upon the notion, advanced
by some respectable authorities, that rebel
lion on the part of the State authorities
works a sort of suicide of the State itself.
do not believe that State, under lie Con-
Sttution, can 60 back to the condition OF a
Territory, so as to be incapable of resuming
its full post and station. ] am quite con-
tent to admit that Louisiana remains a
State; but, granting that, the only conse-
quence is that Louisiana is to be regarded
as body polite and corporate-not a
chance collection of individual Americans,
Spaniards, Frenchmen, &c, but an organ
lied community. It stands to US, when in
the attitude of war, just as any other State
or organized community would stand--iust
as California, which was q State of Mexico,
did when it was subjugated by Fremont.
The Constitution had no relation to Califor-
MIA, until we chose to make relation be-
tween them. California had no other rights
than those which the obligations of human
| ity would guarantee to any people subjected
to our Government against their will. Lou
isiana is a State, in point of fact, and, as
she claims, in point of right and law, just
as much outside of the Union, and as little
in the purview of the Constitution, as Cal
lfornia was before she was admitted State
Of this Union.
The Constitution has nothing to do with
her rights or our obligations. I am willing
to suppose there may be possible excep-
ton to the breadth of my statement. 1t may
be that the clause of the Constitution By
which Congress guarantees to every State
"tn this Union" a republican form of gov
eminent, ought to be so construed as to i'm
| ply the same obligations to States which
have taken themselves out of the Union.
This, even in time of peace, may have an
active Specification.
1t is not very far-fetched supposition
that the executive, legislature, judiciary,
and people of Arkansas, might conclude
that they were tired of all the machinery
of civilization and would rid themselves of
it's form-that they should repeal. by sweep
ing act of oblivion, every existing law, and
relapse into the condition of savages, with
out even the slender filameut of organiza-
ton that the most savage tribe clings to.
In such a condition, when no Judge nor
constable was to be found, no Legislators,
or governors, nor any machinery for elect
ing them, am not prepared to say that the
clause of the Constitution to which / have
referred, would not impose upon Congress
the duty of governing according to republic
can usage, the people who had abandoned
the privilege and duty Of governing them
selves-and the duty, too, of governing
them as a community distinct and separate
from their neighbors of Missouri, Kansas
and Texas. l am not prepared to admit
that in reference to conquered State, we
may not divide it as we think ft-allotting
parts of Virginia, for example, to Delaware
and to Maryland.
But, whether State is left whole, or is
divided, can find no other possible limi
tation Upon the war power of Congress than
that we should furnish it with republican
government. This is in the spirit of our
institutions, and whether a matter of obliga-
ton to the Government or not, we have al
ways acted, and beyond doubt shall continue
to act, upon the notion that it is unworthy
of US. as the governing power, to govern
any body, except in a republican fashion.
We have, throughout history, always per-
mitted to our Territories, whether they came
from colonization or from conquest, the lar
gest measure of local self government COM
patibie with the general security and pros
perity. In the case of Utah, we have al
lowed it to the detrimeent of both. But if
We owe to ourselves to provide the recon
quered States with republican government,
this obligation is satisfied by an executive
and judiciary appointed at Washington, (as
in all our other Territories) }, with legisla
ture elected by such persons as we may deem
safe to entrust with the franchise, and with
a veto reserved to Congress upon their acts.
We cannot safely do otherwise than deprive
of the elective franchise all who have in any
manner aided or abetted the war against US,
by military or civil service, or by any act
of positive recognition, such as swearing
allegiance to the Confederacy. The re con-
quered States, while in their tutelary condi-
ton of Territories, would, of course, be
represented in Congress by delegate, hay
ing the privilege of speech, but without
vote in Congress, and in this condition they
ought to be kept until, by the growth of
persons too young to have taken part in the
war, a sufficient number of loyal voters
shall be found to entitle them to represen-
tation.
This, like so many other questions, seems
to be settling itself. Military governors not
chosen by the rebels, but imposed upon
them by sheer might, are administering
Louisiana. The Constitution does not pro-
vide for this, any more than it provides for
shooting rebel soldiers. 1t provides that
no man shall be deprived of liberty without
due process of law, and this means present
meut by one jury and trial by another.
But nobody fancies that this has any relation
to state of war. Just as little have any
of the other provisions of the fundamental
law, which was made for those who submit
to it, not for those who renounced it. The