New-York daily tribune., 1863-09-03
GHE CONDITIONS or RECONSTRUCTION.
TIE VACANT CHAIRS IN CONGRESS.
LETTER FROM ROBERT DALE OWEN
10 the Hon. WILLIAM T. SEWARD SeeretH'y@ q Sa'e'


.rs. ,-.oodo or attend IT, We do well TO bear this in
mind and TO inspect beforehand the ground which We
shs nv and BY be called upon TO tread There must Of
last be certsin conditions Of peace.
you have intilna,cd yOur preference FOR the Halls o
congress dhc vacant filed the
stutonal forum best suited for Conferences Of pscfca
Sion
The pacdnt more filed That IS desirable nc
noubt-under certain cOnditOAsand Of all the prelim
Earies Of peace, none important as these. The
nen who shall fill those yacan. win hold IN theii
bands the balance Of legislative power.
Who are consltutionaly entitled TO fll them'
The Supreme Court has decided by unanimous vote
fst since the passage of law (sometimes called the
mon Intercourse law y. approved July 10, 1861 the
Inhabitants OF the nsurrcctionGy portions cf he MON
ne public enemies not the disoyal aloac moi those
Gho have taken up arms alone, but al Ai,er stating
Shat the territory held in hostility to the UnitedSates
has defined boundary" the Court adds;
persons residing within this Territory whose pforerty
NAV be used to increase of The hostile power
&c a i' contest. hsve s.s to he be ,sSsd coT a
bupted Rebellion nsuccion so that be courts n.ee
saanot be kept open, civil exs sDd hohies may he
t S 70 , g GsS he WE
tLer property be liable capture enemes property does
pot in any depend upon the persona Allegiance o' Inc
ewneS't
The decision of highest legal tribunal is. that
khese men, without distinction as 10 individual loyalty
Or disloyaly have. in law. the same rights and tie
Same rights only. alien enemies invading the United
States. Men cannot By their own act release them
peyes from constitutional Obhestons but they cen and
they do by leyying against the Government for
Teit their Constitutional rights.
For war annuls AZ treaties all conventions, al agree
snents how solemn soevor securing privileges or pro
kection 20 a hostile party. Tho rights of Nar alone
remain BY civil the insurrectioiSi- iose every
privilege oYory protection. Which the Constitution
affords TO the citizen We upon this prncrle every
bay BY the Constitution the homo and the effects OF
Size citizen are invioete cScep. after warrant issued
hpon probable cause and under oath. spociay decrib'
lng the premises Does tlis apply TO the house Of a
Sebol In an in,urrec:ienary State, The Constitution
Hectares tha, the citizen shall not be deprived of life.
liberty property wiihou; due process Ct law. What
process Of law precces the ming Of battery on the
Confederate rnksi or the confinement of prisoners
Of wari or the appropriation of the sreEys ammuni-
Hon OF comulissafy stoIesi
When make and fetfy. with foreign nation in
time peace treaty granting 10 the subjects OF that
nation certain rights and immunes, that treaty he
eomes par and parcel cf the supreme Law Of the land
rs much so the Constitution itself But when that
nation declares it, iecis more claim one
OF these soernny granted rights and imTun,ee .han If
the treaty had never existed No single rule Of in.eT'
national Law is better established than ills
But under Very rule tho insurgents having levied
war and having thus become public enemies, cGn no
core claim any OF the privileges or immuntos once
guaranteed TO them under the Constitution than alien
snsny can claim rights uad"r treaty ratified during
psece but oaneeed on the day his Government declared
war.
Therefore by rule Of public law, applicable In all
wars and sanctioned ly the assent and tie constant
usage Of every civilized nation inhabitant of the in
eurrectionary territory has constitutional right "a
Elect member 70 tie Congress OF the United states
and Senator Representative elected y thcsen
ecctionists though according to the forms prescribed
Blythe Constitution can legally fill single vacant seat
Sn Our Congressional Halls
Nor is the legal aspect the case whit changed
these men lay down their arms treaty made during
peace and caneeed by does NOT revive Nith thoocs.
baton Of hOeities. The matter is then n completely
open negotiation If treaty had been made.
A treaty in the words with entirely different
conditions may be made but It is new treaty, ard
whether il slan be made snah be made is q
Ger entirely at the option OF the contracting parties
ANY rule of law in oontrayenon of his woaG be in
absnrdity too fragrant even 70 merit discussion Does
shc nsurgen who appeals TO the Of battle risk
pOtbngi II he 10 be secure and successful whatever
betdef If be conquer. is everything II ne under his
control, And II he be yarquished Is he st 20 retain
each right and privilege which he ever possessed
who under such state Of things Eaic prosper
Gus a Rebel
In virtue thcn OF OF he plsncst and best cstab
1shed rulos OF international law tue inhabitants Of TIE
knsurgenf States whether in afteT submission
have constitutional right whatever 20 add, by cleo
Sion. member to the Congress Of the United States
This s the law. Our night TO enforce i. Is undcai
able right, with army IL cross tie Potomac
But al things which lawful 10 ere not eypedi.
ent. There mny be legal rights which il Is uapoGtabo
Or unmereifl 10 enforce We have TIE right II good 1t
0eom u.s. 10 restore to the South with without
dtons her constitutional pFi,ieges just had the
right the close Of the last with Great Britain
revive and raify the treaty Of alty and
which existed before that war began.
In making up decision TO this matter should
not suffer ourselves 10 DO moved by bitterness anger
or ranking snmOsty Tie Christian s hidden 10 for.
give trcspassos against himself to seycnty times
peven The statesman ii he men, the name Is octuated
not by passionate impulse bat by grave and consider
ate regard for great national interests above all for tie
Establishment on enduring foundation OF that do.
e2tc tranquility which lies ut the basis Of all national
good. And the enlightened statesman knows, and
POUNDS his public acts upon the knowledge that. as
between nhgant individuals between opposing com.
munItes Of men. 10 'bargaia properly be called
good that IL permanently beneficial 10 both the
tending parties.
But II there DO danger at such crisis from the In
temperance and the injustice Of sectional hate horc Is
greater danger from the temporizing weakness Of
Suinous concession. II has been said by Of the
wisest Of modern writers public affairs, that when
nation has been wearied by long strife IL will submit
10 bo duped for the sake Of peace Lot us heed that