Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1863-09-16
=" Rights of the Rebel States. -

Hasors Of the Stdse yoxy7aal / have read
Tue article from the pen of Judge Davis, in
o le L,@a''t.c -Hontaly for August, on Holitical
,,a',aen anu Conditions Of Peace, towhich
IN u; c"iieu my attention few days sil-.-S
nis argument, you will recolIect is direclsd
to two points, namely: tho nronrietr1 Of RI.
Emancipation Proclamation a. tba r;gb+ of
ths = euerau government to hold the .shel
states, When conquered, as territor; asz-to 10
governed by the United States in en- h man
nar ana Tor such periods as they may1.aar,
necessary, and re-admitted upon - 80. -
as the Government may prescribe forStbes
future peace of the country: and To NJ -
he establishes both positions beyond con+rn
versy. He takes the broad ground thar -,
the rebel States made war upon the Co.
ment, they Invested themselves of every rie,b+
save the naked rights of war, and subjected
themselves to all the liabilities of Sar-as if
they had said TO the Federal Government in
so many words, d" We repudiate all our rights
under the Constitution and appeal to the
sword, and by the law of nations, if We con-
Quer YOU, you must submit to our terms and
if you conquer US, We must submit to yours
The only question as To the soundness of this
view seems to be, whether the rebel power
is TO be regarded as a belliqereat power-a
public eHcnV. or only an unorganized insur-
rection, On this point the Judge quotes from
q recent decision of the United States Su-
preme Court. That tribunal says:
In organizing this rebellion, they hare ccted
,yS States Ii ! M H.,
unorganized insurreotion, having no defined
boundary or possession. 1t has a boundary.
marked by lines of bayonets and which can
be crossed only by force. South of this line
Is enemy's territory, because it is claimed
and held III possession by an organized, hos
tile and beligerent power. -AH persons rcsia-
ing lrithu. this territory, whose property NAV
be used to increase the revenues of the hos
tile power ere tbs contest kdbie to be treated
as enemies"
This certainly settles the question As to the
character of the rebellion. With this author
itative definition Of il, Judge Davis quotes
from standard writer's on the law OF nations
land he might have filed q volume with an
thorites and preeedents) showing the abso
lutte power the Federal Government will
have over the political destinies of the rebel
states when subdued by force of arms; and
| it is to be lamented that statesmen, instead of
toddling along on the boys of expediency.
| had not planted themselves, in the first place,
on this solid and tenable ground and warned
the rebels that they would be held to the
consequences of their course Rebel states
men understand their liabilities perfectly
we'll and have doubtless made merry over
the weakness of loyal men in taking any
other view of the matter; and Northern
statesmen must come upon this ground at last
whatever may become of their consistency.
They must hold the rebel districts as terrific
ries until they can be re-admitted, if not with
indemnity for the past, at least with security
for the future and / think there can now be
no doubt that the Supreme Court viii sustain
them in 50 doing.
But there is one objection urged to the
territorial status of the rebel states which
Judge Davis does not meet, and which have
not seen noticed elsewhere. 1t is objected
that it would be a great hardship for loyal
men in the rebel states to lose their political
rights, which they certainly must, upon the
territorial hypothesis. Their ciUa rights
would remain undisturbed excepting so far as
they might be necessarily affected by the ex-
ercise OF the rights Of war on the part of the
Federal power; but they would lose the
right of self-government at home and of par
ticipating IN the General Government except
/ in such q manner and to such extent as that
government might allow. This Is the well
settled doctrine III regard TO condition of in
| hdFitauts of territories.
Aside from the consideration tina. these
disabilities are the fault, not of the GoyeT7l-
n1e1lt, but of the rebellion, it seems obvious
upon little reflection that this state of things
is Just whGt every loyal man in the rebel
States must desire above any other Suppose
those States when conquered, 10 be admitted
| back at once to the full enjoyment of all their
II
would be rebels at heart still, and as bitterly
hostile to the Federal Government and to
every loyal man IN the South as ever They
would wish to frame their State laws so as to
embarrass and cripple the operation of Fed
cral laws in every possible manner and to
wrcak vengeance upon every loyal man that
came within their reach Who does not see
that every loyal man in rebellion would be
practically DISTINGUISHED and allowed no more
influence in the Government, State or Ma
tiOnal, than If he were negro slave Look
at the prosecutions and outrages such men
have suffered at the hands Of rebels during
the last two years-stripped of their pro-
pcrty, driven from homes by the light of their
own dwellings in flames, pursued into swamps
hunted upon the mountains, hung and butch
cred without mercy and without remorse, and
where, think you, would be the political rights
of loyalists under a State government con
troled by such men!
But hold them TO their fallen condition as
Territories, and though loyaists might be
obliged to teach their children that
We sinned all,
10y imputation at least) yet in respect to
these two classes Of fallen ones, the tables
would be completely turned. As Territories,
the General Government may enact laws for
them, or give them just such form of gov
eminent as it pleases. 1t cannot do less than
appoint their Governor, Secretaries, Judges
and Sheriffs. It may confer on these legisla-
tive as well as executive and judicial powers;
or it may establish legislative body and APP
point It's members or 1t may, as it is now
doing, maintain a military government indef
nitely. For proof of this, see Kent and
Story on the Constitution the decisions of
all the courts in relation to the constitution
Of Territories, and the various forms OF Ter
ritorial government established by Congress
since the formation Of the Government.
The selection Of agents to administer these
governments will be entirely in the hands of
the President and Senate, and they can con
fine their selections to men Of undoubted
loyalty, while traitors are left out IN the cold
where they belong. By this means the loyal
element in the South viii be concentrated,
organized and placed in a position of com
handing influence, and this influence cannot
fail to have powerful effect in spreading the
lcayen Of loyalty among the dsatfected until
the mass is sufficiently leavened to be safely
entrusted with sefgovernment as States and
a participation in the political power OF the,
ration. This will also facilitate agreement to