The Portland daily press., 1864-01-28

raised until 1t employed only the language of in
science and menace, and then the loyal people,
becoming thoroughly aroused reached, as Mt n
single step, the position of the utter extermina-
ton OF slavery, as a matter of necessity and of
holy duty-and as the plain logic Of the rebel
lion.
1t was not possible for slavery to be removed
IN any other way. The free States could not de-
stroy 1t, nor could the General Government. II
could be destroyed by the slave owners them
selves. and by no other party. Without the as
sault upon the Government, wantonly and wick
edly made by the slave power, no force of pub
ilc sentiment could have been created, no CON-
blnation of circumstances effected, adequate to
the overthrow of this widespread and deep
rooted system.
But although slavery is to be DESTROYED main
~ by the Shareholders, and the losses of the war
are to fall chiefly upon the South, the North
does not go scot-free. She sinned against truth
and knowledge, and hence is to be requited with
heavy burdens and woes. Nemesis has been af-
ter her for many years
The Wing party for its gratuitous succor Of
the accursed thing was the first of the old polti-
cal organizations to be taken away, not in ago
ny, but, because it had been weak rather than
wiltul, in kind of enthanasia. The Democrat
ic party, because it had a reason, though bad
one, for its support of slavery, was tolerat
longer, Yet only to suffer severe pangs at las
as its continued practice of evil required. There
are, we are informed. men who are still made to
believe, as n punishment for their folly and
wickedness, that the Democratic party is to be
revived, and be again respectable and power
full organization, as if there were ANYTHING of
virtue, or yigor left in it, or as if there we're
anything left in the world for it to do. 1t will
not raise mortals to the skies and it cannot
drag angels down. 1t cannot make the dry
bones of dead and buried slavery live again.
nor can ii arrest for moment by its babblings
and inanities, the grand work of political re-
no hat tS Il.
country. There is no longer room for this
faithess and .reactionary party, and il must die;
but the Union must live. There is need for it, n
profound and universal need. Both hemispheres
need 1t, civilization needs it, and the consecrated
revenges OF freedom demand it, because IL is to
be q Union for liberty and humanify
And 50 let us have no undue anxiety about the
future, and especially in regard to the manner
in which the slave question is to be treatel Let
there be no doubt that simple, plain. and ef-
fective way will be discovered as soon as there
shall be occasion to tread il. For the Statesman
Senator of Massachusetts, whose thoughts have
been occupied by this subject, we have long en-
tertained a profound respect and cherished
warm personal regard, and We should be slow
to declare that his leading views ON this subject
are unsound, or that the dis .ussion upon which
he has entered, was, so far as he has participat-
ed in it, untimely. So far from the latter being
true, We think he has laid the loyal country un-
der deep obligation for giving to it the result of
his research and meditations on this most inter
esting question. Nothing from one possessing
reso osrces so various and SO vast as Mr. Sum
ner's, whose purposes aie so true and whose
heart so loyal, comes, that is unimportapt, or
that is not entitled to our earnest consideration
And yet, we are not quite able to say that all
the propositions, If we understand them cor
rectly, contained in his recent article in the At
hntic Monthly, receive our unqualified support
The Constitution Of the United States declares
tl..tt y. II. Il
Government by that instrument, 'nor prohibit
ted by 1t to the States, reserved to the States
respectively, or the people" And among the
powers reserved to the States. is that of making
laws affecting the security and prosperity Of
the people in the bulk of their domestic and
business relations. The laws of the United
States touch the people in comparatively few
places, but those Of the States everywhere
Over these local and domestic matters, which
are within the conrol Of the several States, the
Government Of the United States has no power
vi sar nass ,., Is - seses wherc there may
to the States Republican form of Govern
ment' The United States may be authorized
to act IN regard to these matters so far MS to
keep this constitutional obligation, but no far
ther. Now, if the authorities of State in all
its branches and departments, unite, n majority
OF the people, co-operating with them, ia the
commisson of treason against the United States;
if, acting professedly for the State--colo,e off
cii-they are found in fragrant rebellion against
the National authority, making war upon it,
denying the subordination of the State, and as
serting by force Of arms its entire independence
OF the United States, and such acts of treason
are to be held as working forfeiture of all
right in the State as political organization or
entity-as destroying its existence, or, as we
may say, statehood, and remitting its domain to
the condition of the unorganized territory of
tue United States-the question will arise as 10
hat haaamas af tla L..
of the State made anterior to its treason,-are
they legally operative, or are they abrogated or
suspended wholly or in part2 If military or
civil government is placed by authority of the
President or Congress over the State, will such
Government recognize the old laws, or any of
them, and if any, which, Or will il recognize
and enforce such only as may be made by Con-
gress? II the latter, it would seem that all the
laws of the rebellious States are to be considered
as annuled and wiped out--or rs placed in abey-
ance by virtue Of some principle which to US Is
utterly ineomprehensible Ii the treason of the
State authorities and people has abrogated or
displaced the laws In respect TO slavery and
.layeholding, il has done the same with those in
respect TO titles to real and personal property,
TO crime, to everything g;-;lnd during the last
two years, in all the insurgent States, there
have been no laws, even in theory, for the pun
ishment OF crime, none for the protection Of
the great ntelests which, under our system, are
left to the care of the States; and a condition of
things has existed such as never before was seen
in any country,
But we supposeit will not be seriously disput-
ed, that the laws of the States rightfully passed
while they were loyal, remain in force, and un-
impaired by such reasonable acts. Every pro-
vision Of positive law, whether contained in the
Statutes, or Constitutions of the States if valid
when passed, must remain so notwithstanding
the rebellion, and would be recognized as in
force by any government that should be placed
over the States or over the several tracts of ter
ritory that formerly composed them; and by
these laws, always recognized, the legal exis-
tence of the States would be constantly implied
and affirmed. If then. there are such laws, suf
tcient for all purposes, always in existence the
oretlcally and always practically where there are
officers to administer theIn--wheneyer there il n
loyal Government In a State for what Is admitted
to have once been a State)-what authority has
Congress to repeal, modify, or supplement
them, except SO TAR as II may possibly be neces-
sary in order 10 give il Republican form of
Government How plain would be the road 10
n consolidated despotism, if the Central Govern
ment could drive the States into rebellion, and
then take advantage of what it had itself caused,
to wipe out their laws and spread over them its
own Looking to the larg future Gf the opunr
try's life. Is II wise - establish precedent un-
less demanded by oyerruling necessity, that may
be productive of incalculable evil to the pationg
For ourselves, we can discover no theoretical
or practical objection to considering the rebel
hous States as being still, strictly and legally
speaking, States Of the American Union having
their boundaries, divisions, subdivisions, and
iass, hut as hayiag na. adlaiaiSllaiiop and no
government, except such as may have been pro-
vided by the United States, and which must be
continued until the time shall come when the
loyal people of the States, acting under tile pro-
lection and authority of the United Stateslbrt
so far as practicable Rpdpi ii,e forms of their