The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1863-11-03
Legal Condition 81 10
Statoes
To The Editor ofshe N. r Tribune:

this city have seen nts on sunufy occs-
sions Of late, to connect my name. among
others. with the doctrine that the insur-
gent States, in virtue of their rebellion,
have become extinct as States, being re-
duced to the condition of Territories d.
wasted of Constitution or statute law, per-
haps you will allow me to state, briefly
and without argument, what are my opin-
ions on this subject
No public act Of the insurgent inhabit-
ants of one or more of the United States,
short of revolution ultimately successful
and perfectly establishing a separate and
independent Power acknowledged as such
BY other nations, can take out Of the
Union, or from under the authority Of
the General Government or of the Con-
stitution, any one Of the States composing
the American Union.
But one inhabitant, or all the inhabit-
ants, Off State may, by crime, forfeit their
political rights. Ifall the inhabitants Of
State, by some general crime legally i'm
putable TO all, forfeit their political rights,
there will be no one remaining legally
empowered to act under the Constitution
of the State or United States.
This is the present condition OF the in
habitants of the insurgent States. The
Supreme Court CsClaimants of Schooner
Brilliant. &c, agt United States" March
term, 1868, has decided that these in
habtants. without distinction as to indi-
vidual loyalty or disloyalty, have, in law,
the same rights only as foreign enemies
invading the land No one of them has
legal right to exercise the functions OF
Governor or Judge or State Representa-
tive. Nor have they right to elect
Governor or member of the State Leg
islature or to the Congress Of the United
States Nor will their political rights
revive by cessation of hostilities for
insurgents, once subdued, do not become
innocent in virtue of that subsection.
1t is true that many of those who, by
imputation of law, are thus guilty, are,
in intent and voluntary act, really inno-
cent. Through good and through bad
report they have still reverenced that an
cent flag; their hearts have still chung to
the Union. But the law, in its rigid
rule, knows no sympathetic pity-cannot
be turned aside by sentiment. The Union
has no truer friend that John Bright but
if Great Britain declared war against the
United States, John Bright would be, in
the eye of the law, our country's enemy.
As regards the insurgents generally,
they are, however, so far in a position
differing from that of alien enemies, that,
as the disabilities in question are In the
nature of a penalty resulting from crime,
to-wit: the crime of treason, these may,
under lawful authority, Gas by pardon,
be removed; and when they are thus re-
moved, the penalty ceases and the consti-
tutional righ.s revive.
Were this otherwise, were these disa-
bilities permanent and irremedible, were
there no constitutional mode by which the
insurgents could recover their lost politi-
cal rights, it is evident that Constitution
and laws of State having no citizens
with legal capacity to exercise even the
fundamental right of suffrage, would be-
come utilities. But, asst is under mere
temporary suspension of rights which can
be legally restored, and which common
sense teaches us will be, under some con-
dition or other, SO restored, the case is
quite different | see no sufficient argu-
ment in proof that anything has occurred
to make null and void these Constitutions
and laws In my judgment, they but re-
main. Tor the present, imperative go far
as regards Constitutional rights conferred
by them ; and as soon as the inhabitants
of any insurgent State shall, with or with
out exceptions, recover, by act Of law,
their forfeited rights, the State Constitu-
ton and the laws made in pursuance
thereof, as they stood previous to seces-
sion, will come again into full operation.
designating, as heretofore, the mode in
which the right of suffrage and other con-
stitutional rights shall be exercised. 1t
must, however, be borne ia mind, that,
during the present instruction, laws of
the United States have been enacted and
proclamations of the President of the
United States have been issued, which
are binding part of the Supreme Law
of the land, "anytbing in the Constitu-
ton or laws of any State to the contrary
Notwithstanding Gu. S. Constitution,
Sec. o.
Ii would be an act of national folly to
restore to the insurgents their political
rights except on such conditions as should
afford sufficient guaranty that the above
laws and proclamations shall be maintain
ed and obeyed. And it would be una
vaiIing to attempt the establishment of
permanent civil government in any insur-
gent State until it is cleared of armed
Rebels, so that the Federal Courts can
hold their sessions, and the polls can be
opened, without interruption from guer-
rilas. Until then, provisional govern
ments, miitarily or congressionally ap.
pointed, are the only practicable form.
But the sooner such temporary expedi-
ents, unknown to the constitution except
as the offspring Of necessities inseparable
from state of civil war, can Be dis
pensed with, the better for the cause of
constitutional liberty. 1t is rule of in
ternatlonal law, that the laws and institu-
lions OF conquered nation, except SO far
as these are inconsistent with the victor's
system OF government, shall remain un-
han Il L.