The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1862-04-26
Total

Company X 5 81
Total II 81 42O
Respectfully yours,l p COULTER,
Lieut.. Col. Commanding 18th Reg't Iowa Vols.
Have the Rebel states Committed Sui
cider
Pending the bill for the abolition Of slavery
in the District Of Columbia, Mr.. Thomas. OF
Massachusetts,, made an able speech upon the
very difficult question Of what shall be done
with the seeded States when the rebellion is
crushed. As this is a grave question which
should be decided in the light of Justice and
law and according to the usages of civilized 90
ciety, light from all quarters should be sought.
Mr.. Thomas is the conservative view. We can.
not agree with him in all respects, but are en-.
tirely willing he shoull be heard:
Mr.. Thomas of Massachusetts,, made a speech.
in the course of which he said The solution Of
the difficult problems of right and duty involved
in the present state Of affairs must be found in
the careful study Of the principles of the con.
stitution and the just and logical application Of
them to this new condition Of things. 1t is by
no narrow and rigid construction Of the words
OF the constitution that the powers and duties
OF Congress on these subjects are to be ascer.
tained. Every provision must be fairly con.
strued in view Of the great objects the constitu.
tion was ordained to effect, aud with the full re-
cognition of the powers resulting from clear i'm.
plcatoD, "a well as express grant. In my hum
BILE Judgment there has been and is now but one
issue before the country, aud that is, whether
the constitution of he-United States shall be
the supreme law Of the land. That constitution
(oru, oil bxyt tlo, -
1t acts not upon the States, nor through the
States upon US as citizens of the several States,
but directly upon us as citizens of the United
States, claiming on the one hand our allegiance
and giving to US on the other its protection
The doctrines as to the supremacy of the ma.
tional government within it's sphere, and of the
reserved rights Of the States, are elementary
Between them there is no necessary conflict
Each is the complement of the other; both vital
parts of that political system under whose ad
mirable distribution and adjustment of powers
the people Of the United States have had for
seventy years incOmparably the best and most
beneficeHt government the world has ever
known government now imperlled, not by
reason OF any inherent defect or any want of
wisdom or foresight in its founders; not because
we have outgrown it's provisions; not because
1t is behind the age, but because it has fallen
upon an age not worthy of it, which has failed
to appreciate the spirit Of wisdom, prudence
and moderation in which it was founded. Such
being the relation of the government of the
United States to its citizens and to the States
the first question that arises is, bow far this re-
ation is affected by the fact that several of the
States have assumed, by ordinances of secession
(so-called), to separate themselves from the
Union. Tnere is not clause or word in the
constitution which looks to separation. 1t has
careful provisions for its amendment, none for
its destruction capacity for expansion, none for
contraction; door for now States TO come in,
none for old or new ones to go out An o, li.
nonce of secession has no legal meaning o: force
is wholly imperative and void. The constitu-
ton and the laws and treaties made under it.
the people have declared e shall be the supreme
law OF the land, and the judges in every State
shall be bound thereby, anything in the consti
tuition or laws Of any State to the contrary not.
withstanding." The ct of secession therefore
cannot change in the least degree the legal reIa
ton OF the State to the Union. No provision Of
the constitution of the United States, no law or
treaty of the United States can be abrogated or
impaired thereby. No citizen Oft the United States
residing in the Seeded States is, by such ord.
nance OF secession, deprived of the just protec.
ton OF or exempted from any of his duties to
the United States In contemplation of law the
reciprocal duties Of protection and allegiance
remain unaffected. After the act of secession
the province and duty Of the government of the
United States are the same, according to the
full measures OF its ability, as before, to en-
force in every part Of the Union, and over every
inch OF its territory, the constitution and laws
of the United States
its the necessary result of these principles
that no State can abdicate or forfeit the rights
OF Its citizens to the protection of the consti
tuition OF the United States or the privileges and
blessings of the Union which that constitution
secures andmakes perpetual. The primary. par
amount allegiance of every citizen of the Uni.
ted States is to the nation, and the State author
tiles can no more impair that allegiance than
county court or village constable. 1t is also
tile plain and necessary conclusion, from the
principles before stated, that State cannot
commit treason. Under the constitution of the
United states persons only can commit treason.
The persons who for the time being hold the
Offices under State government may indiyiduallv y
commit treason, but the acts Of tho State Off
Gers, transcending their authority and in conflict
with the constitution Of the United States. in
voive in their guilt no man who hiss not himself
levied war against the United States or adhered
to their enemies, giving them aid and comfort,
As State cannot commit the crime of treason.
IT cannot concur forfeiture of its powers and
functions as the penalty of treason. The pun-
ishment provided for traitors is the result Of iu.
dicial trial, conviction and judgment. How to
indiet State, the constitution Of the court, the
mode OF trial, the form Of judgment, and process
OF execution yet exists IN grensio legis The ma.
Jority OF the voters of a State cannot deprive
the minority of the right secured to them bv the
constitution of the United States. Some Of thea
rights may be kept in abeyance Their exercise
may be overborne by uperior physical force -
They may sleep, but it is not the sleep of death.
They are integral parts the Of constitution, and
can only perish when the constitution perishes.
rhere Is nothingin the doctrines of notification
or secession more disloyal to the constitution.
more fatal to the Union, than this doctrine oi
State suicide. 1t is the gospel Of anarchy, the
philosophy of dissolution. Nor by carrvins ont
this doctrine Of the destruction or forfeituTe NJ
the State organization would anything be gained
for the cause of freedom. Slavery exists by tbe
local municipal law, aud would not be abolished
unless you go one step further aud hold ,ha,
witn the loss OF the State organization the inst,
tutons laws and civil relations of the States
perish. Now, in case of conquest, even though
the people of the conquered territory cbsnss
their allegiance, their relations to each othe,
and their rights Of property remain undisturbed
Ihe modern usage of nations, which has becoms
law, would DO violated II private property sbould
DO generally eonfiseased and private rights an m
nuiled. ". .. Va Porcheman, Peters. 81:
Phillemore, p. 743) When Ssatss we're rsdn.si
| to Territories, the national government conIS
not abolish slavery therein, except nnaer tbs
right Of eminent DOMAIN, and by giving ;us,
compensation. The rebel States are still mem
ners OF the Union, foregoing for time iss priv
heges. bus subject to its duties, bound to il by
: cord which the sword Of successful revolution
can alone sever. ...''e'
what, then. il may be asked, 10 the legal char
actes OF this great insurreotion The ansver i,
u 10 rebellion Of citisens Of the United STATE
>gaines the eovsrnment Of the United States. ~
organized sfIost 70 ssbvsrt and overthrow ita an
thority, and to establish another Royernmen, !,
10 stead, He only is the enemy Of the Unit.
states who 10 committing treason nv lsv,;','
Ra2 .n4nlnat tho uaiHod osaA.. =. L, 'ssynl