The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1863-11-11
LEGAL CONDITION OF THE INSCRGENT
STATES - LErTER FROM ROBERT
DALE OWEN
p tAe Edtor Of tle Ness York Hmes.

:
p tie Edaor Of The Nss York Hnes.
Since the Opposition papers OF this City have
seen fl on snndry occasions OF late, 10 connec
nv name among others, with the doctrine tha
the insurgent States, in virtue Of their rebellion
have become extinct as States, being reduced q
the condition Of Territories divested Of COustitu-
ton or statute law, perhaps you will allow NE to
state briefly and without argument what are NY
opinions on this subject.
No public act OF the insurgent inhabitants OF
one or more OF the United States, short of a rev
olglion ultimately successful and permanently
establishing 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 Constitution.
any OF the States comprising the American
Union.
But one inhabitaut, or al the Inhabitants os a
State NAV, by crime, forfeit their political rights
Ii all the Inhabitants OF a State, bv some general
crime legally mputsbie 10 all forfeit their political
rights, there Will be 10 one remaining legally en-
powered 10 act under the Constitution Of the
State or OF the United States
This is the present condition Of the inhabitants
OF the insurgent States. The Supreme Court
Claimants Of Schooner Brilliant. dc. vs. Uni
ted States, March Term, sos. has decided that
these inhabitants, without distinction a. 10 indi-
vidual loyalty or dsloyalty, have, in law, the
same tights only as foreign enemies invading the
land. No one OF them has a legal right 20 exer-
else the functions of Governor or Judge or State
Representative. Nor have they a right 70 elect
Governor or a member TO the State Legislature
or 10 Ehe Congress OF the United States Nor viii
their political rights revive by cessation OF hos
tilities; for insurgents, once subdued, do not be
iffup Iff xfr of hat
Ii is true that many of those who, by imputa
tion Of law, are thus guilty, are, in intent and
voluntary act, really innocent Through good
aud through bad report they have still rever-
enced the ancient flag; their hearts have still
cung TO the old Union. But the law in iis rigid
rule, knows no sympathetic pity-cannot be
tsrned aside by sentiment. The Union has no
truer friend than John Bright; but it Great Brit
ain should declare against the United States
John Bright would be, in the eye OF the law, our
country enemy.
As regards the insurgents generally, thev are,
however, so far IN a position differing from that
Of their enemies, that a. the disab lite= in Ques-
ton are IN the nature Of penalty resulting from
crime, to-wit: the crime OF treason, these may
under lawful authority (ss bg parionl be r.
moved and when they are thus removed, the
penalty ceases and the constitutional rights re-
vive.
Were this otherwise were these disabilities
permanent and irrem, ,dable-were there no con
stitutional mode bv which the insurgents couli
recover their lost political right--m l. evident
that the Constitution and laws of a State, havr z
10 citizens with legal capacity TO exercise even tue
fundamental light of suffrage, would become nu-
ilities But as il is-nudcr a mere temporary
supeusion of rights which can be legally restored
and waich common sense teaches us vii be, un
der some conditions or other, so reslored-the
case Is quite different / see no sufficient argu
ment IN proof that anything has occurred 20
make null and void these Constitutions and laws
In my judgment, they but remain for the pres
ent imperative TAR as regards constitutional
rights conferred by them; aud soon the in
habnan's of any insurgent State, shall. with or
without exceptions, recover, by act OF laW, their
forfeited rights the State Constitution and the
laws made in pursuance thereof, as they stood
previous TO secession, will come again into full
operation: designating, as heretofore, the mode
IN which the rights OF suffrage and other consu
tutiOual rights shall be exercised II must. how
ever, be borne in mind, that, during the present
iusurrectiOn, laws of the United States have
been enacted aud proclamations of the Pres
dent OF the United States have been issued, which
are binding as part Of the supreme law Of tbe
land, anything in the Constitution or laws Of
the State TO the contrary Notwithstanding" tU
S. Constitution. Sec. c.
IL would be an act Of national folly to restore
10 the insurgents their political rights, except on
such conditions should afford a sufficient guar
anty that the above laws aud procamaiions shall
be maintained and obeyed. And it would be IN
svailing to attempt the establishment Of perma-
nent civil government in any insurgent State until
it IS cleared OF armed rebels, 40 that the Federal
L..fl -
be opened without interruption from guerrillas
Until then, Provisional Government. military or
cOngres-ionslly appointed, are the only practica
Die forms
But the sooner such temporary expediouts.
unknown to the Constitution except a. the off
spring Of necessities insepara5le from a state OF
civil war, can be dispensed WITH the better for
the cause Of constitutional liberty. Il j. rule o.
international law. that the laws and Institutions
OF conquered nation, except so far as these are
inconsistent with the yictOr's system Of govern
meut, shall remain unchanged untl legally re
pesled or modified by the conquering Power
This rule is founded upon that consideration oil
/ humanity and fitness which forbids that there
should be suddenly and arbitrarily wrenched
even from a nation that lies at the mercy Of the
couquerOr, the laws and usages 70 which it has
long been accustomed. Still more binding /.
/ eucn rule L pOu u, II We eldli elDQ4e LOt q Tor
/ eign nation but domestic rebellion. The iu-
surgents, once legally reinVested with their 20
ticsl rights, are, in my opinion, entitled to theii
constitutions and their laws, 20 far a. these con
form to the present Supreme Law OF the land
and so as far as these can be lett 70 them with
due regard 10 the general welfare. And sscf
changes as the public safety requires should b,
made legally and in strict accordance with th,
Constitution OF the United States
Let us beware how, under circumstances 81
momentous, stray from the Constitutions
path every other is the path Of danger IT. tn,
British subject the most powerful political senti
ment is loyalty TO bis Queen in the American
citizen it is veneration tor bis Constitution. y,
appeal 10 that sentiment is ever made among
in vain. "The Constitution az il is" No NOR
potent wstcbword than that can be employed il
political contest. Except upon that basis VI
canrOt erect permanent plan Of reconstructio
without exposing on selves 10 assault from tn
enemies Of the Government, on the score Of Ar
bitrsry aud unconstitutional acts. And shy ad
venture into the exposed fields Of doubtful con
toversv, when we can fight, safely protected
behind the impreguabie bulEarks Of the Const
tutions
| AN, sir, your o5't. servant.
ROBERT DALE OWEN,
NEw YORK, Oct. is, 1853.
A FUSNT MIsTAKE.-Old negro, slumberin.