Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1863-09-17
Rights of the Rebel Sfates.o

+, -hSLtSttSS iOI august, Ou OlltlcaI
Ilooiems, and Conditions Of Peace, to which
son called my attention a few days since
Ms argument, you will recollect is directed
to two points, namely: the pronrietv nf the
emancipation Proclamation. and the right of
the Federal Government to hold the rebel
States, when conquered as territories tn he
governed 6y the United States in such man
ner ana Tor such periods as thew NAV deem
necessary, and re-admitted upon such terms
as the Government may prescribe for Tho
future peace of the country: and tn NV ,nind
he establishes both positions beyond con+ro-
versy He takes the broad ground that wban
the rebel States made war upon the Govern
ment, they Invested themselves of everv r;gbt
save the naked rights of war, and subjected
themselves to all the liabilities of war~ss e
they had said to the Federal Government in
so many words, We repudiate all our rights
under the Constitution and appeal to the
sword, and by the law of nations, if we CON
quer you, you must submit to our terms, and
if you conquer US, we must submit to yours"
The only question as to the soundness of this
view seems to be, whether the rebel power
is to be regarded as a beHigerent power-a
public enemy, or only an unorganized insur-
rection. On this point the Judge quotes from
a recent decision of the United States Su-
preme Court. That tribunal says
In organizing this rebellion, they hare acted
as States. 1t is no loose.
unorganized insurrection, having no defined
boundary or possession. 1t has a boundary.
marked by lines of bayonets, and which can
be crossed only by force. South of this line
is enemy's territory, because it is claimed
and held in possession by organized, hos
tile and belhgerent power. al persons resia-
ing 'cttin this territory, whose property NAV
be used to increase the revenues of the hos
tile power, are az tbs contest liable to be treated
enemies
This certainly settles the question as to the
character of the rebellion. With this author
itative definition Of it, Judge Davis quotes
from standard writer's on the law of nations
land he might have filed volume with au
thorities and precedents) showing the abso-
Lutte power the Federal Government will
have over the political destinies of the rebel
states when subdued by force of arms: and
it is to be lamented that statesmen, instead of
toddling along on the boys of expediency,
had not planted themselves, in the first place.
on this solid and tenable ground and warned
the rebels that they would be held to the
consequences of their course. Rebel states
men understand their liabilities perfectly
well, and have doubtless made merry over
the weakness of loyal men in taking any
other view of the matter; and Northern
statesmen must come upon this ground at last.
whatever may becOmeNOf their consistency.
They must hold the rebel districts as terrific
ries until they can be re-admitted, if not with
indemnity for the past, at least with security
for the future and l think there can now be
no doubt that the Supreme Court will sustain
them in so doing.
But there is one objection urged to the
,Nf+l h., nI,,l
Judge Davis does not meet, and which have
not seen noticed elsewhere. 1t is objected
that it would be a great hardship for loyal
men in the rebel states to lose their political
rights, which they certainly must, upon the
territorial hypothesis. Their ciuI rights
would remain undisturbed excepting so far IS
they might be necessarily affected by the ex-
ercise OF the rights OF war on the part Of the
Federal power; but they would lose the
right of sefgOvernment at home and of par
ticipating in the General Government except
in such a manner and to such extent as that
government might allow. This is the well
settled doctrine III regard to condition of in
habitants of territories.
Aside from the consideration that these
disabilities are the fault, not OF the Go0e17a-
naent but of the rebellion, it seems obvious
upon little reflection that this state of things
is lust what every loyal man in the rebel
States must desire above any other. Suppose
those States, when conquered, to be admitted
back at once to the full enjoyment of all their
former political rights. Nine -tenths Of them
would be rebels at heart STILL and as bitterly
hostile to the Federal Government and to
every loyal man in the South as ever They
would wish to frame their State laws so as to
embarrass and cripple the operation of Fed
in nnSSlnlp IN
wreak vengeance upon every loyal man that
came within their reach. Who does not see
that every loyal man in rebeldom would be
practically DISTINGUISHED and allowed no more
influence in the Government State or Ma
tiOnal than If he were negro slave Look
at the prosecutions and outrages such men
have suffered at the hands of rebels during
the last two years-strlpped of their pro-
perty, driven from homes by the light of their
own dwellings in flames, pursued into swamps,
hunted upon the mountains, hung and butch
cred without mercy and without remorse, and
where, think you, would be the political rights
of loyalists under a State government con
trolled by such men? -
Territories, and though loyaIH might be
obliged to teach their children that
In Davis fall
we slnned all,
(by imputation at least,) yet in respect to
these two classes Of fallen ones, the tables
would be completely turned AS Territories,
the General Government may enact laws for
them, or give them ust such form of gov
ernmcnt as it pleases. 1t cannot do less than
appoint their Governor, Secretaries, Judges
and Sherifs. 1t may confer On these legisla-
tive as well as executive and judicial powers;
or a md
point its members ; it may, as it is now
doing, maintain a military government indefi
nitely. For proof of this, see Kent and
Story on the Constitution the decisions of
all the courts in relation to the constitution
Of Territories, and the various forms Of Ter
ritoriaI government established by Congress
since the formation Of the Government
The selection Of agents to administer these
governments will be entirely in the hands of
the President and Senate, and they can con-
fine their selections to men Of undoubted
loyalty, while traitors are left out in the cold
where they belong. By this means the loyal
element in the South will be concentrated,
organized and placed in a position Of COM
mandng influence, and this influence cannot
fail to have powerful effect in spreading the
leaven Of loyalty among the disaffected until
the mass is sufficiently leavened to be safely
entrusted with self-government as States and
a participation in the political power of the
nation. This will also facilitate agreement to
terms of re-admission to the Union. As
4States, Congress has no power to determine
who shall exercise the ght Of suffrage. as
Iaritories, should Congress bestow upon
them, to limited extent, an elective govern
ment, it may prescribe the qualification of
voters and exclude such classes Of traitors as
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