The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-08-11

nPPcai 70 MS PATRIOTISM, DIS reason, hiS oVni-
mon sense Will LIE be wise enough to listen
and be warnedi
The Union and the Slavery Question
Views Of Mr.. Solicitor Waiting. OF tine
War Once.
In view of the restoration of the Union in its
territorial integrity, the policy Of the govern
ment touching the institution Of slavery in the
rebcllous States Is becoming practical and
important question. Accordingly for the in
formation of our readers, we publish this morn
ing letter from Mr. Solicitor Whiting, Of the
War Office, to the Union League of Philadel-
phia, which doubtless, upon the momentous
subject discussed, reflects the views of Mr..
Secretary Stanton, Mr.. Chase, and the whole ra-
dical abolition faction, in the Cabinet, in Con-
gress and thr oughout the country.
Mr.. Solicitor Whiting pleads that, In the resto-
ration OF the rebellious States to the Union, our
only way Of safety depends upon the condition
precedent in the case of each State of the abo-
l'tion Of slayery within its boundaries. He
says that unless we do this said States twill
have the power to pass such local laws as will
effectuaiay exclude az Northern men. all SOL
disrs, al free blacks and all persons and things
which shall be inconsistent with the theory Of
making slavery the corner stone Of their local
governments; and they make slavery perpetual,
and the proclamation Of the President" The
Supreme Court Of the United States having
declared, in March last, in the case Of the
Hiawatha, that "snce July Is, 1861, there has
existed between the United States and the So
called Confederate States civil, territorial
war;" Mr.. Whiting in looking up the law on
the subject declares that such war "termi-
mates all obligations in the nature Of compacts
or contracts at the option Of the party
obligated thereby" and that, $50 far as this
government is concerned, civil war obliteratcs
all lines Of States or countries. as the only lines
recognized by the war are the lines which
separate US from the public enemy"
Having thus, to his own satisfaction, estab-
iished the legal power Of the general govern
ment to treat the rebellous States. when
subdued, as provinces forcibly wrested from
the hands of one despot by another, Mr..
Vmtllik plOCCCuo VI ofV suut ~ 10 iOA uc w
dictate to them, and not Tor them to dictate to
us, what privileges they shall enjoy" Nothing,
he maintains. will meet the case of said States
but emancipation; and. whatever else may
happen, he hopes that I've may be saved the
unfathomable infamy Of breaking the nations
and slaves in the Union" and SO on TO the end
Of tho chapter. M
Now, without wasting words in a legal dis
cussion with the Solicitor Of the War Office as
to the war powers Of the government against
State or league of States in armed rebellion,
we think his abolition propositions may be dis
posed Of on the simple ground that they are
inexpedient, and would, il adopted, prove to be
utterly useless Suppose, for example, we take
up tho State Of Louisiana and proceed to abol-
tionize her preparatory to her readmission to
the privileges and reserved rights of the federal
constitution. A State convento on is called,
which 80 amends the state constitution as to
declare slavery abolished within the State.
With these credentials the State is admitted as
free State. But what then, Unquestionably
the local authorities may at once proceed to
call another State convention. They do So;
the convention amends the State constitution SO
as to re-establish slavery and the old slave
code, and 1t provides, further, that IL the FREQ
blacks Of the State do not leave within limited
time they shall be seized and sold as slaves to
the highest bidder.
Such, in more cases than one. will probably
be the consequences Of the abolitionizing of the
rcbellious States as the condition of their resto
ration to the Union Within the Union each
State for ITSELF under "thc constitution as IL
is" may establish or abolish slavery 1t
Is local affair. Mr.. Writings plan
of operations can be rendered effective
only by abandoning the federal consti-
tuition or by amending it, Otherwise, in 1863
and restored to the benefits of the Union only
to be transformed again into slave State in
1864 But there may be something in the hint
Of Mr.. Whiting that "cyil war obliterates all
State lines" Mr.. Senator Summers plan of
reconstruction has this idea for its foundation.
What course will the administration take,
This question remains to be decided and we
repeat that, unless President Lincoln shall de-
termine upon the reclamation of the rebcllious
States As soon as practicable, and with as little
ceremony as possible, the conservative popular
msjorities Of the loyal States will, in the Prcsi-
dental election Of 1864. decide the question
for themselves. and against the administration,
and with force which win sweep this aboli-
ton war faction, with the copperhead peace
faction, into the same grave with oil our dead
and buried political cliques and factions of the
last fifty years.
P0oR GREELEY AND THE RIoTs.-Ws continue
to-day our reports Of the trials of the rioters
Some Of tho London papers, following the lead
Of our radical journals, represent that the riots
we're a sort of revolution. Our reports show