New-York daily tribune., 1863-10-24
riEy. SUEaNEP.,S THEORY cF EE:
CDNSTE.lCTEON."

.
SIR The disposition Of the Rebel States as
the Rebellion subsidies is suljcc, Of the gravcst diff
culiies But ike others that have ariscn its practical
solution will doubtless be found easier and simpler than
theoretical speculation may seem TO warrant.
In the Atlantic for October Mr.. sumner in learned.
scholarly and ingenious argument Of twenty pages
ampfes and Illustrates his speech in the Senate upon
this question Yet this paper able and exhaustive as II
is on many points, Illogical, mconclusiyc and
unsatisfactory.
The main proposition sought 10 be established IS that
Congress has the power to jurisdiction over oil
the Rebel states in exclusion Of all other authority
whatever.
This is based The primary idea that by The at %
Rebellion tie States committed suicidc"o forfeited
their State Goycrnmcnts' or " "ahdicaicd them; or
vacated" them: or That Ia any event "al righiidl
State Government has ceased" in them That. there
fore Congress should the government Of thom-
t from the necessity Of the case; Cd, because The
President Is assuming the government Of them; and
81 because the Constitution guarantees to each ~ a
republican fo,m of Fo,orumcnt Sc
II would Dc impossible 10 emulac-p'F' ap' even ~
appreciate the camilg oi Mr. sumner IA ihi. ilt1'e'
and propose bIioay 10 examine some Of BIZ positions
only.
STATE SUICIDE. &C
II seems hardly necessary to search io learned dcni
tion of the term >tir. 80 long the essential imng l.
not TO b. changed and will remain insunc able un-
der one form us another. Nor quito logcal to argue
that becau.c great mischief. have been worked In tie
name Of State Iigl. that ,uch a. ngs exist oF At
best ou.iaas
II may be- very ingcn.og 10 in-i- t'ai there IS dis
tinc,on between "a state and political community
among the same people md hn' they cau cease {" BE-
State while thcy remain perfect political community
However much confusion of idcns be- found IN a
confusion 81 learning there l. nothing in the world bet
J ter known than what il an American state. II Ger
tainl, j. much mere than a local government which
annually rerews itself as The snake .is skin And
boui looking for concise words to define u. propo-
IN attend f. the distinctions h,,vcon the state ard Ma
tonal Governments anl functions and observe ho~ TIE
same people work these doub!c proccss"' and ho" hr
their failure to carry their opposition othc one
Ina comprornisel Ito cs ,crcc Of tie o'hcr care 1T
Ne how a state can be destroyed. my only ln4s', .
whether one has been
Time was whon thirteen states n least existed hn
ror 70 The existence II the National Goycrnmcni II
was by them by ihcr people that that "o''i hn'n'
was constructed ItNa. made exclusively Of materials
then existing the States and poPe. The States and
people were stripped Of 10 much n was necessary oi
the new structure snd nothing entered inio II save
vh,, Wa ~ contributed Tho Constitution Wa Ho' =
great rc,cr,or u original power and sill c"hnlu4l
N, not taken ont of ii-t was an empty fcoci'nc' 'nd
held only aili pat nio IT, and AL IAai "ns not ''
placed 10 il b. the people Of these states they o'f's
re.cr,od t. ihem.,l,cs ard 30 hcig state ard ih'
,hue, ~ withheld cas only be- assumed ,! Tie N"''i "
Goycrnmcai a ,hc expense Of roiaion 81 ii' r'''F
,,,o, Among those things are the State crnmcnt'
entire Striped q sovereignty and sub"'d'i'''' 70
-. National Ccve-nnen, fr al uaion,l purposes. bat
otherwise uuclnngrL
/ rp,u The formation of tlo General Government tie
people ~ Tie s-,cr Sili paced uion' accepted 4nd
adop.edn Itlccau.o tlcil Government aal 10y Pee
came !is subjects
wins, werc the relations of the National Government
ana tho state Government sctcr-Ay' nd tie Sihie'
r. State. b.comc pniio- to i-s ncn Gor"fnmeiii do
homage aad assume % owe ii allegiance Becom" isiba
taric- toiti are hcy ~ suhec,sf Can lt lcgi'lai'
upou them and enforce obedience Or 40 they remain
~ ihr, we're slor ~ power and receiving mr u Ger
ian guarantee Thor 'll5er's drii@lcd ih' u 'o'
cf,irnf, aud on H. attribute nnl set up nnoihor power
t. w HON this sovereignty sas given. Were The states
~ State, parties TO this or it merely tie act Of
their people using their State forms only express Their
conclnsions which might vel. have been pronounced
Anof the citizens of State became aso nl ~ 'hrn.
Tie citizens Of tie United States. Ye, though all ihe
people acre absorbod the State Government remained
intact. The people thus became the subjects ~ two
Governments owing duiie, TO each and yet Ia no way
inconsistent or conflicting for the Of oil ihoir obj
cations to both ony equals the sum due from every sub
cc TO perfect Government. Fornndcfour sysiem The
National and State Governments together but perform
d a. at In UUrllUe
these double processes the State Governments 50 ir
independent that the people carry them on wholly by
their own exclusive State machinery. For that purl"se
they employ no national agents whatever. Not with
the National Government. IL Is far dependent upon
the State Governments that without their aid rrcs
dent could never bc elected could Senate have
stcncc Ills excludes the idea that American State
could perish for If one could oil might aud the National
Government woud cease. Indeed the pledge Of per.
petunl protection from invasion and insurection. with
the pledge Of perpetual form of government ere q
pledge TINT u State shall itself be perpetual.
when can the National Congress assume" any fgnc-
on Of State Government without direct violation Of
an express Icscrvationi Never till all rishiul state
government ceases. and then only ns so'ereign To
care for its subjects. and proprietor 70 care Tor ~
property Ifho rights Of tie people Of state have
fallen in abyance they may at any moment resume them
Can the National Government compel It's subjects.
who also the subjects Of state, to perform thcir
duties to their State Government and carry II on
Clearly not Can il in any way come between the S"'e
and the subjects of the State In matters Of exclusive
! State concernf No. The United States Government
deals with its own subjects only s subjects ana mol
IA citizens Of the States and deals with them as ndi.
viduals. 1t has never yet provided any means com
peling them TO carry its own machinery by taking
and holding is Offices and it may bc doubted whether
il could compel the people elect President members
Of Congress &c However this may be, the people per-