New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-10-21
LETTER FROM RODENT DALE
OWEN


- ne kdifor o. III n. D. Ifi0uHe.
SIR: Since'tte opposition papers of this city
have seen fiji. on sundry occasions of late. to con-
nect my name, among Others, with the doctrine
that the insurent States in virtue of their rebellion,
have become extinct rs States being reduced to the
condition of Territories Invested Of Constitution
statute law, perhaps you will allow me to state,
briefly and without argument, what are nv opinions
on this subject.
No public act of the insurgent inhabitants of one
OF more of The United States short of revolution
ultimately successful and perfectly establishing
separate and Independent Power acknowledged as
such by other Dations, can take out of the Union,
iroln under the authority of the General Govern
ment or of the Constitution, any one of the States
composing the American Union.
But one inhabitent, or all the inhabitants. of
state may by crime, forfeit their political rights
hall the inhabitants OF State, By somo general
crime legally imputabe to all, forfeit their political
rights, there will be no one remaining legally en-
powered TO act under the Constitution Of the State
Or Of tho United States.
This is the present condition of the inhabitants
OF the insurgent States The Supreme Court
O. Claimants Of Schooner Brilliant, &c, agt.
that these inhabitants without distinction as to in
divdual loyalty disloyalty, have, in law the same
rights only as foreign enemies invading the land.
No one of them has legal right to exercise the
functions OF Governor or Judge or State Represen-
tative Nor have they a right to elect Governor
or member to the State Legislature or TO the Con
greSs OF the United States. Nor will their political
rights revive BY cessation Of hostitics for nsur-
gents. once subdued, do not become innocent IN
virtue of that subsection.
II is true that many of those who, by imputaton
OF law are thus guilty are, in intent and voluntary
act, really innocent. Through good and through
bad report they have still reyegenccd the ancient
tag; their hearts have stil chung the old Union
But the law, in its rigid rule, knows no sympathetic
piiy-cannot be turned aside by sentiment. The
Onion has no truer friend than John Bright; but If
Great Britain declared against the United
States, John Brgh, would be- in ihe eye of The law,
oar countrys enemy.
As regards the insurgents generally, they are,
hovever so FAR in position differing from that OF
alien enemies, that, a. the disabilities ID question
are Ia the nature Of penalty resulting from crime
TO wit, the crime of treason, these may, under law
ful authority las by PARDON, be removed and
when they are thus removed the penalty ceases aud
the constitutional nights revive.
Were this otherwise. were these disabilities per
naneat and irremedisblc, were there no consiiiu-
tional mode by which the insurgents could recover
their los, political nights IT is evident that Cons'-
tutions and laws OF a State having no citizens with
legal capacity TO exercise even the fundamental
rieht Of suffrage, would become utilities. But, as
ii is, under mere temporary suspension OF nights
which can be legally restored, and which common
sense teaches us will he. under some conditions or
other. 50 restored the case IS quite different
see no sufficient argument in proof that anything
has occurred TO make null and void these Constitu-
lions and laws. In my Judgment, they but remain'
for The present imperative so fer as regards const
,utional rights conferred BY them; and as soon as
the inhabitants of any insurgent State shall, with
ar ithout exceptions recover, By act OF law, their
s,ei,ed RIGHTS the State Constitution and the laws
made in pursuance thereof, as they stood previous
20 Secession will come again into full operation;
aesignafing as heretofore, the mode IN which the
,iob, of suffrage and other constitutional rights
shah he exercised. II must, however, be borne ID
mind. that. during the presen; insuHecuoh' h"s
ofthe United States have been enacted ahd proci"
nations Of the President Of the United STATES nave
been issued, which are binding az par o. 'he
sunr.ne Law OF the land, " anything in the Con-
s.;tn.iou or laws OF any State 70 the contrary not
yi,hstanding" (U. :. Constitution, sec.o.l
If vonld be an act OF national folly to restore to
the insurgents their political rights except on such
conditions as shonld afford a sufficient guaranty
tina, the above laws and proclamstons shAii De
maintained and obeyed. And II wo'Id be uha'"h'
mo n ATTEMPT the establishment Of permanent evil
Government in any nsGrgcnt state until II is cleared
nj armed Rebels 20 that the Federal Courts can
hold their sessions, and the polls can be opeheu'
without interruption from gueuillas. uh'ii 'heh'
proyjsional governments, milary or congressman
~ appointed. are the only practicable form.
But the sooner such temporary cxpedicn's' IN
unknown to the Constitution except as the offspring
of necessities inseparable from state OF cvil wal
can be dispensed with the better for the cause Oh
constitutional liberty. Ii is rule OF INTERNATIONAL
lar that the laws and institutions Of conquered
nation except 80 lar az these inconsistent with
the yictors system Of government, shall remain IN
changed until legally repealed or modified by the
eonouerpg Power This rule is founded upon that
consideration Of humanity and fitness which for
bids that there should be suddenly and arbitrarily
wrenched, even from nation that lies at the mercy
Of the conqueror, the lBws and usages to which II
has long been accustomed. Still more binding Is
such rule upon u.s. if wo shall subdue not foreign
nation but domestic rebellion. The insurgents,
once legally IeinyeSicd with their political rights
are, in my opinion, entitled 20 their Constitutions
and their laws so far as these conform to the pres
emf supreme law OF the land and far az these can
,e left TO them with due regard TO the general