, 1863-10-24

when they are thus removed the pen71ty ceas-
ee ard ths constitutional r1ghta revive
Were this otheEwise--wcre these diaabati-
ties peTmaneut and irredeemable-were thess
M constitutional mode by which the insur-
eents could recover their lost political rights,
e IA eyitept that constitutions aud laws OF
State having no citizens With legal capacity
to e1erciec eTen the funds mental right Of sn1-
frsce, would become utilities B 1t ss ists,
under mere temporary suspension ot ttghts
which can be Legally restored. AID which CON-
non eense teaches us will be, under somo
conditions or other, SO restored, the case Is
ante different. see no sufficient argument
n u,oof that anything has occurred to make
null apd.yoid these constitutions and Laws.
he p,esent, imperative, 60 lar as regards
Constitutional rights conferred By them;
and an soon as the Inhabitants Of any
Ineurre1t State shall, With or without eI-
cep,iors, recover By set Of LAW their forfeited
tights tho State constitution, and the laws
msie In pursuance thereof. as they stood
rreyious to seeession, Will come again into
fnl1 opetation; designatsng as heretofore the
mode In whicE the right OF suffrage aud other
constitutional rights SHALL be exercised, 1t
must, however. be borne Ia mind that during
the present insurrectlon laws Of the United
States hare been enacted end proelamations
been issued which are binding rs part Of the
guu1eme la1 OF the land, anything In the
corsfitutIou or Ians OF any State to The con
trary Observation-Disclosures States Con
etitutiou, section 6.
It would be an set Ct nations1 folly to re-.
store to tic insurgents their political rights,
excepf on such coud{tiops as should afford
spfi1ciert guaranty that the shove laws and
urucIauations shall be maintained and obeyed.
Ard It would be unayailing to a.teupt the e.
tab1ishmert Of permanent civil government
in any insn1gent State until It Is cleared o1
armed rebels, SO that the fsderal courts can
hold their sessions. and the polls can be
| opened without interruption from guertlaa.
| Until then, provisional governments, military
| or congresstonal1Y appointed, are the only
| practicable form.
But Tie sooner such Temporary expedients,
unknown to the Constitution, except 90 the
offspring Of necessities insepalae1e iI rom q, =
better for the cause Of constitutional liberty
It il rule Of international law, that the lawt
! and Institutions Of q conquered nation, ex
cept SO far as these ale Inconsistent with ths
| ytct0r's system of government, shall TemaiI
unchanged until legally repealed OF nodihet
bg the conquering power. THIS rule L
itY and ftuess which forbids that there
should DO suddenly and arbitrarily wrench
ed, even from q nation that lies a
the mercy l the col queror. ths
laws and ussges 10 which It has long b5sn &C
cpstCmed. Still more t1Gdtng Is sucn rulf
upon us. If Te shall subdue. not a foreign na
tion, but donestic rebellion. The tnsur'
eente, once legally re-invested with their ,po
li1ical rights, ore, In my opinion, entitled Il
their constitutions and their 1aws, so fur q
these conform 10 the present supreme law Q
she land, md 20 fa1 as these can be left tt
them with due regard to the general welfare
Ana such changes Us the public safety re
a1llres should be made legally and in stric
| accordance with the Constitution Of tn
United States.
/ Let us beware how, under circumstance
SO momentous, ne stray from the coustltu
ticnn1 pa'h; every other is 4 path Of dagger
In the British subject the most powerful po
]ittcal eeatiment Is loyalty to his Queen; |
the AmG,ican citizen it Is yereratlon for hl
constitution. No appeal to that sentiment
ever m,de among us in vain. "The Const
tuition aa 1t is" No more potent watchwo1
. thsn that can be employed In . political cor
test Except upon that basis we cannot erec
q permanent plan Of reconstruction wi'hou
expctInc ourselves to assault from the en'
mics Of the Government, on the score Of 8
bitrary and unconstitutional acts. And wh
adventure into the exposed fields OF doubft'
controversy, when VIC eau fight, safely pr
tected, behind the impregnable bulwagla (
the constitution ROBERT DALE OWEN.
Il kt3r YORK 0cf IA 1Sf3