Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-12-11

% govern from that source Of power the source /
must beforever open, ana all the doc /
irineswhich have been asserted as neces
sary attendants and conditions Of a
state of war, and which press so
heavily upon us, must be in perpetual activity. |
Or. shall we resort 70 the territorial clause Of the
Constitution, and endeavor 10 make IL applicable
70 States whose sovereignties We have suppressed
We shall find that the power which a confers
extends only to property which the United States
has acquired from foreign nation, and thai
Virgins or Georgia cannot be so acquired until
We have first made the people OF those States
foreign nations, and then compel them TO cede
their country To the United States.
Further. the idea of conquest and subsequent
readmission into the Union Implies the right and
power to divide OF consolidate those States; for
the power Of a cOnqneror over the mere political
status OF a conquered territory is unlimited. But
what l. the theory Of the Union in respect to rep
reservation in the Senatel By that theory each
State Is called % be represented by two Senators,
and il holds this n an absolute right, 20 which
no conditions are or can be attached The theory
OF conquest assumes that this right has been for
feited by a rebellion or that il is extinguished BY
the intervention of n civil war. The precedent.
then, will and thus: That when the people OF
certain States Of contiguous situation and similar
interests have. in period of passion and excite
ment, undertaken to leave the Union, and it has
combinations they have formed for the purpose.
and they then find themselves again in practical
connection with the Federal government. their
several rights of representation in the Senate,
fixed by the Constitution are gone, and they must
take such representation as the pleasure of the
remaining States may accord TO them
Buff the Southern States are out of the Union,
and are TO undergo a process of re-admissioD.
what are We to do with the third section of article
fOur of the ConStitutiOn2
New States may be admitted by the Congress
into the Union; but no new State shall be formed
or erected within the jurisdiction of any other
State, nor any other State be formed by the June
ton of two or more States or parts of States,
without the consent of the Legislatures of the
States concerned, as well as of the Congress"
We must either adhere 10 this provision Of the
Constitution, or we must disregard IT, 1t was
placed in the Constitution in order to act one
of the means of perpetuating the identity and
indissoluble political existence of each of the
States. II the theory of conquest and read
mission is not to be resorted To for the purpose
of evading this provision. it is not wanted. If it
is To be used as the means of forcing partition or
consolidation, the great purpose OF the Consttu-
ton will be frustrated and thereaitera numerical
majority of the people of the United States will
make and unmake what States they please Let
the people of New England look well to the pre-
cedent which they may patronize or assist in max
ing on this mOmentous occasion. When that
popular majority has suppressed the line of States
for the cause of rebellion, other occasions will
be easily made and other causes found for a
repetition of the process. Hostility to slavery
will continue forever TO be the bond OF unity be-
tween the East and the West, the centre
In all that we have said in this discussion We
have been careful to keep in view the doctrine
that has been proclaimed and acted upon by the
Supreme Court of the United States, in respect
to the character and condition of the inhabitants
of the Confederate States while the civil war is
going on Ii has been al udicated, for example
that the property OF citizen of one of those
States is liable 10 capture on the ocean as prop
erty OF an enemy while hostities are actually
prosecuted for the reason that there is war be
tween the two parties, who must be treated as
opposit belligerents until the sovereign has pre-
vailed or been defeated by the insurgents. But
it is great error to suppose that this decision
affords any warrant TO the idea that the victory
of the sovereign over the insurgents will entail
the consequences Of territorial conquest upon the
country which those insurgents have occupied and
controlled. When the armies of the Confede
rates are beaten and dispersed the United States
will cease to stand in the character of belliger
ent, and will occupy only the relation of a SOW
ereign. as that relation is fixed by the Constitu-
ton II New York World