New-York daily tribune., 1862-04-12
CAN A STATE REBEL .

This is ono Of the gravest and most vital
questions of tho day. 1t 10 no abstraction, but
immediately and transcendently practical. 1t must
be practically answered, and it would seem de-
cidedly wiser and safer TO do this after than
before reflection and discussion.
That q citizen may be rebel. We all under
stand. True, he has no right to turn traitor;
but that doee not alter the fact Of bis trea.
son, il fact it be. A foreigner, freshly landed
on our soil. may commit treason sgain't tho
United Ststeu, and be hanged for it, though he
never promised to bear true allegiance to our
Government-never was required to do so
owes it no fealty beyond tho obligation in
CURED by every one who enters country to
obey its laws and constituted authorities. Nay:
oven kings-though tho law ordinarily pre-
sumes them incapable Of wrong-can commit
treason and suffer death for it, as Charles l..
Of England did, Ferdinand VII. Of Spain
should have done. and Francis Joseph Of Hun.
gary may yet do. We're the constitution and
laws Of Hungary in full force to-day, Francis
Joseph would be tried for his life Mt Pesth or
Debreczin, if not already condemned and exc
cuted as q traitor.
Certain citizens Of the United States, resid-
ing within tho State Of Virginia, are fighting
to overthrow the Government of the United
States, at least 80 far az its jurisdiction ex-
tends over the Slave States, and ALLEVIATE about
half the soil of the Republic. That they are
traitors, no ono can doubt. How came they
90, Who made them so' Are they obeying
the man John Letcber, or tho Governor and
other constituted authorities Of their State
Tho question answers itself. "Tell Jour
brother" said Raleigh L. Dsniel-one Of the
best lawyers in Richmond" that ! am in
arms fighting against my country, and that
[" this is what bis party has brought mo to-"
Tens of thousands of Virginians, who utter
ly loathe this internal rebellion and the dems-
gogues who plotted it, arc to-day in arms
against their country, exchanging deAth-shots
with tho defenders Of the Union. They are no
fighting out of no regard to or fcalty to JEFF.
Davis or John Letcber. but in obedience to
the commands Of the State OF Virginia. Col.
Emory proposed to resign his commission in
the u. S. regular army if his State should se-
cede. Does our agreement that said State
had no night to sooede invaldate this fact
1t seems to us very clear that State may
commit treHsos,-that several States hare com.
mitted treason. and should DO dealt with
accordingly. There are many citizens Of the
United States residing within tho boundaries
of those States who have done nothing Of the
kind-witness tho East Tennessee heroes-and
arc to be regarded and treated accordingly.
They arc to be protected aud shielded BY the
Nation-DOt surrendered to persecution and
spoliation at the hands Of their Rebel neigh
bors. as they would BE- BY q Rebel 4" recon
struc;ion." Seli-pre.ersatiOn ia Natures first
law; aud the Republic is to be saved BY deny
ing to malignant traitors the power to o'er-
throw it.
o. A. Brownson, in his essay. entitled
Estate Rebellion, State Suicide" In bis last
Rerieo, thus tersely and vigorously sums up
this view Of tho question:
That State In i capacity under system.
.b, admits Of ne doubt oonoede to be. though la q
subordinate sphere ov aud political entity civil ard
political person i ns Peson, capable Of State seton and
when Btsts II ress n. legitimate authority Of the Gen
ers Government and Il, citizens ssans, H. II rebels
derry the autououy Of the STATE deny that IL civil and
political person that H. 10 the corporation Ia called
person eliminate the federal element Of political sys
ten. and msio Bepablic no, federal but coniodsed
centralized Republic II we tsks this ground slsvsJ
whore on our territory has any legal cKcncs for 1t Ia evident
there IL no Law Of the National Government holing IT,
Taking tho other ground State can rebel and ts son
and must bs is dissolution State IL ceases from the mo-
Of it, rebellion TO have sny legal eIise ce. Copse-
qu-nty all that depends IL, existence Tor yitsy to
live and nothing lives except the natural law and the Cons
tuition and Of the Uued States, but has under
either Of them any title to slaves Slavery nsce'sy spss'
with The State authorizing 1t.
THAT this doctrine reseho. far do not deny We main
tain under system State may rebel and that the
bel Ion Of State. i.oJao dissovet civil and political
society and consequently all nights aud remedies
sted sorded by It. There remains after is rebellion
State law 10 fcrce Its rebellion vacaes all title, held uuder
doyes all contracts and snnihues all property created
by 1t, and taxes away all civil protection for natural
dst far that PToisciion T. given b. tie Federal
Government IL abosaes al civil laws respecting maIiage,
ali the aws authorizing tho transferring devi,ns transmit
tnr or iuleuns property for these under system all
en to the State Government, The coohs Of law ali dis
solved sud resdo, eaogded BY them longer be
enforced Tho rebellion in word, kills tho whole state ard
everything dependent on It, Wbether tho State be revived
permitted 10 the Union depends entirely the
good pleasure Of the Federal authority It cannot bo eed
right by tho population the territory Of the defunc.
"A they could take the territory out Of tho UuiOn
and they long they remain H. within the juhs.
dc,oa Of the United States the Federal Government has
thohy TO govern them. aud govern hc eiher Ter.
ttory or conquered province.
d.f.u
be revived or strictly speaking state, be formed
with the old aud boupdahes and admitted into The
Union terms Of perfect equality although this hi
L.. L.. II. l.. Il,...