, 1863-09-29
thereby become vacant" on whlch Macaal.5
hor,,{}y fnruarkHs

kEEtEH3 nkNoA+4- H@~seAA'3 ~AA "~>ASAA AAA"s~A%AJ
happily remarks:
HThe word abdcation concillated politicians OF
a mora tImfd school. To the real statesman the
simple important clause Ms. that whlcu declared
carried. he cared little bT what preamble 1t might
be introduced"
And the came simple principle IL now In
Issue. Il is enough that the rebel states be
declared vacated, as In fact they are, BY all
recognize, SO that the way il open to tue e1-
erciso Of q s3ghtful jurisdiction.
TRANSITION TO R1G4rFuL aovERsNBST.
And here the question occurs. Haw shall
this 1ightul Jurisdiction be established In the
vacated StAteB2 Some there are, go impas-
stoned for State rights, and SO anxious for
forms even at the expense Of auhstance, tLat
they insist upon the instant restoration Of the
through the agency Of loyal citizens. who
meanwhile mutt be protected In this work OF
restoration. But, assuming that all this Ii
practicable, as 1t clearly Is not, 1t attributes
to the loyal citizens Of . rebel State, however
few in 1umbers,-it may be an insignificant
! the received principle of popular government
| that the majority must rule. The seven
| voters Of Old Sarnm were allowed to return
| two members of Parliament, because this
place,-once Roman fort, and afterwards
| sheepralk, many generations before, at the
tAll9 EuAllIE VI luE AANAaV VI NNA4lA0A401 AkaA
been entitled to this representation; but the
Argument for 8tate Rights assumes that al
theee rights may be lodged in voters as few In
number as ever controlled rotten borough
Of England.
P1ay, admitting that an insignificant minor.
] lty is to organize the new Government, how
shall 1t be dones and by whom shall It be set
in motion? In putting these question:
open the difficulties. AS the original Gov
eminent has ceased to exist, and there are
none Nho can be its legal successors, 80 as to
administer the requisite oaths, 1t is not easy
| to see how the new Government can be Set
| In motion without resort to some revolt
tforary proceeding, instituted either by the
| citizens or by the military power-uniess
| Congress, In the exercise OF Its plenary pow
ers. 1honld undertake to organize the new
| Jurisdiction.
But every revolutionary proceeding is to
be avoided. It will be within the recollec-
| ton of all familiar with our history, that our
fathers, willis regulating the separation of
| the Colonies from tue parent country, we7o
CAREFUL that all should be done according to
the forms Of law, so that the thread Of legal.
| ity should continue unbrokep. To this end
the Continental Congress- interfered By su.
peEyising direction. But the Tory argument
! In that day denied the power Of Congress- as
earnestly as it denies this power now. Mr..
| Duane, OF the Continental Congress-, made
himself the mouth piece Of this denial:
/
this sort about institating government. What is
it to Congress how Justice IL administered You
t1 the oss anpsaf
fayorable answer Is likely to 10 gtFen to our Pc
| tttionss"
In spite Of this argument, the Congress Of
that day under. .ook, BY formal resolutions, to
indicate the process By which the ne# Gov
ernments ehou1d be constituted.
If we seek, for our guidance, the principle
which entered into this preceding Of tho
Continental Congress, we shall find It In the
ilra, that nothing must be left to Illegal or
informal action. but that AZ must bedone
previously ordained. Perhaps this principle
tas never been more distinctly or powerfully
cnurciated than by 1fr. Webster, in his
speech against the Dorr Constitution in
Rhode Island. According to him, this pr1n.
our American system, requiring that the right
Of suffrage shall be prescribed oy prey1ouslato,
including its qualifications, this time aud
place OF It's exercise, and the manner Of Its
exercise; and then again, that the results are
to be certified to the central p9ner 81 some
some clear and definite form, to the end that
two things may be done: first, that every
man entitled to vote may vote; secondly,
that bis vote may be sent forward and count.
ed, and 80 he may exercise his part Of SOW
ereignty, In common With bis fellow. citizens :
ouea: aeS LIEN ~ ,4,-,s+ ha |o1'awad y we
,,id 1a.J doir tnaE,art - the ra.,1t ne c1o~,ne
character OF law. And here are other post.
tive words from him on this important
point:
ave are rot totske the will OF the people from
public meetings, nor from tumn1tuous asssmbIies
6y which the ttmld arc termed, the prudent are
alarmed, and BY which soet = Is olstnrbeti. These
ate rot Amssican M An moees 3. slsnil5iast Tie wau o.
. Is II not obvIola enough, that men cannot get
s!,u adu and ao many 15 a iudge
~ fGSetr nwn nnaisfrstinns' and ea1I thamieives
tic people. aid eet up a governmentY Why
anotbcr set Of men, forty 1nlles oil, on the same
day, with the same ptopsiety Hls4 as good quail;
setnp nn9,aer ~ t .a or n,,., a.,.a -
ro1nes nereszary t. ascertan the vii n Tia neo 20
1;se on nav ex;esncY. Or q new state Of thlhnes
or OF opinion, the Legislative power provides fol
that aseertainment BY an ordinary act Of 1egtals
What Go contend for1 r.. ! say ~ that the win g
Tue Psop,e masi ptas MaSa ~ ~ d
~ 1tt,ininr - tbst Tiii: and ttcn ~ nen"i
INV MAKE Witt Government they please. pts;
All that is necessary hero Is, that the viii Of tht
people should be ascertained By some regular ruiz
3! proceeding, prescribed by previous law. :
But the Law and tde Constitution. the Whole gy5
teM oi aiaffaSan insututs9ns m 10 aot seateMpst'
~ ads aZ nntsc T ~ " ts sS IN ~ p1 r.
TnnsfiFntInn For he r1arnosn Of ameninT II,
.Irame Of goye,nment. 7
roxcvvaa rr17p ,,p7,r .rr,-r
put, nARp!iy, "o als not cnasl9aiaHu Ga ~ ~:
such revolutionary proceeding. Inc neP
governments can all hc organized 6y Coz
Ttthnut anv immedi1te Government. AM
within the Jurisdiction Of tSe CONSTITUTION .
The United States: Indeed, With t1e statt
goEelnmeen1s aileaoy '1catsa W reueiilpn' 70 In
~ ,i ~ na,1,ss ~ a1t- Ee, s1s ~
9tIt nd 9.ong5esa IN that 6either can estah
1ish INV law Or institntIon incomnafih1e viii
it. And lie whole rebel region, deprived O
au local government, lapses under tie eSclu
ave % inr;s1iiction of Gonrrsss. nrecIss1vns An,
otheT Territory. or. II, Other words. lie iii
inp Of the ioca1 royernments leaves the who'll
! vast region Withcut any other goyernmen
: than CSngress. unless the President shou1t
. nrdertake ia govern It h7 mtlitarv nower
Sta,tlinp ma this nronoeition may seem. esna
! chilly to all who believe that *there is di
tan 3has & apsa ;t ,,1 1Isnge - ssa.s, A1fo'y IT,
ra;inn r. s.. ~ m 1eel1 fpnnded in Ike cnnsiitn
+;o1 as t. "a sinnia sn1 rotr,a, srS;io T. u
' f'r3s 3 ~ m ~ eaav ana consttni;ona1 sn3nf;an = :
totas om ea.ty ahu suns..u..onu so'u'aon y
o1 lie ~ thao1s ~ ra;nta;o h,t on,y +h
trnt%. and nd IN r,esentinn ths areunaut s,1 u E,
onnIexsiona1 sw - oprarnrneIt sinpiv fo,n' ~
r M sqselnn., sinpt4 H.. aonG, M;,
} kacnlefs WILL eannos eoas1ot: p;a hns w
WY " sosdases' ~ Ms t7 mosH3 VI aa.o, ~ !,
{ apny aescf1oeo 'nese 'eac~ogS' "aen
ea,s:
Ihcss ehipgs are sesnIea IN and . nouna, SFen @ Il th
az Dd n5sss vn ~ sou nv ola rIan
eus ihan yon @ can break them. It is impossbie ID
,, any one speaking Otherwise than I now speak t
sps ak well since, for my palt, have always til
!, same thing to gay, that q kn9w not how Ties
things afc, out thas oat OF . aa Win MnGm on has
e;es sn9 y ana E1 "nr Ii aole ~ 81
''es'"1ss oa.te. euu ~ n!1un .4a. ~. al.
snow me tasI an "Iong-tM1at tnis eo1
: c1nsion IL not ionnoed IN INC ConSt5asio1 y !