New-York daily tribune., 1863-10-24

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properly express it. We speak Of Rebel States
which only mislcads. obviously in the paper OF Mr
Sumner o STATE cannot rebel AS such. IL il not ou
subject. The people Of State can, aud il makes N
m4nrer of difference whether they do it with the ma
einrry Of their State Government. or otherwise 1t Il
in either he act Of tie people for which they ar
individually responsible.
Tie peopc of South Carolina rcbelcd and used thei
Stto forms tc give Rebellion expression. They rehceC
subjects subjects of South Carolina they could
not. Their State Go,crnmcnt they carry forward un
impaired in active life In legal contemplation did the
Rebellion destroy III II So Why When we come Il
the of death, or the mode of vacating the Right
ful Governments We are told that the National Cons
tuition requires that al the State functionarcs snail take
an oath to support the Constitution Of the United
Siatcs-tlat these pretended Governors Judges, &C.
have refused that oath. &c. This is trne The Cover
nor cxccutcs the law without this qualification and the
Judge adjudgcs it, in the imperfect way. Suppose
conccdc too thai this was essential TO the legality Of
the Office WHO raise the questions Not the Senator
from Massachusetts He is no party to the record No
courts can do that. But suppose permit Mr.. Sumner
TO make the question by quo warrdhto, and permit Inn
to take Judgment That Judgment would be ouster-
that the Offices were vacant. What this earth
would claim that the Offices themselves were abolished
and the very Government Of which they part was
annihiatod
Tie Governments suspended and offices vacant what
then, Treat the Government Of South Carolina as a
riehifui Government and its acts valid can only say
that the Government proper is the old legitimate right
fr State Government and don't how it can he re-
rnrcl as a an end because Of the crimes ~ the men
who for TIE time being I'll the offices under IT, As
between the Governments and the people subject to
tom the atcr can alone raise tie question rs to the
validity of fhc acts Of the former touching purely state
cynccrns These acts At the worst are not void. but
void III. when we come to deal with their nets IN
mattcrs between them aud Us should doubtless be
anihotizcd IN holding them b. void not because the
Government was void but because the persons iilng
the offices under 1t could not perform official functions.
The effect of this holding ~ fhr We arc concerned
woul be- to suspend the working Of the Government
until the machinery was placed In proper hands The
machinery Itself would seem 10 remain.
What good Ia 10 BE- ac,o Ishri by holding tie ~ e
Governments be- abolished. long as II Is proposed
~ ouc time io have within thelu'tsof the Sates oheF
State Governments j. 10 proposed TO s"t up he"i Gov
crnmcnis - r the form must remain the same; and
they u time 20 into the hands Of some OF the
inhabinnis Of these states and sich others ns
mny lhcn b. found in them and these people VII
change and modify any Governments as ihey please
What assurance Tint be Governments vii uiti
mairy io ans hot, than the present And is' not Ger
tin that the present would become precisely whnt The
now ones ~ ieoomc since both must 20 into the same
hnldsf
an y Judgment tie true and constitutional sie" oi t'
suhcc, is 20 treat the state Governments suspended
and their various Officers vacant to be hhcd. and The
machinery sei IN motion restored order Mi
permit tie loyal people by ar exercise Of ihcr nheIeh
right ~ LII government 20 do these things.
L. tie case Of Virginia. The State was said to have fe
hcllcd II. people did. and those wio REID ih' sil'
Government used il t. consummaic treason. Wa that
,,tLci by the President and Congress 20 have nhol
isiad the state Government lnd TO remit 'ongrcs u
s rh under the Constitution 81 extending its lnFs
Idi.oa OYER il territory. belonging 10 the United
S,a,csf Not at al. Tho Government was treated o.
suisi sling tho occs ~ vacant and twas holden thai
the o,a people of Virginia. In Tie exercise o' Tue ORG
inal right Il sell government might elect men 70 hl III
Offices ard put a., machinery again In motion. Im
ney DID. and their action in every form. By ever!
hr,nch II tho General Government has been accpie'
and sol.ialy fooogalscd the legitimate aciion Of
l..al euI constitutional Siatc Gotcrnmcut HoTc j.
precedent sound la principle ead .aic and easy n np
,icaiiou and unnitc, De preferred to tle ha1nri
og. exercise x doubtful power. Which under the Mo'
favorable circumstance produce 10 better rcsus
TIN. may NO. be- tie only NAY to restore one Of ihes'
Goy,fDuen,s e. a.tion. IL !, tho way that one ha
4 vrffTApy COW ,.,trNfs