Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1864-06-23
"IN THE UNION. OR OUT OF THE uNIoNw

the State of Arkansas should be admitted to seats
in the Senate of the United States has recently been
under discussion in that body for days So far
as this question turns the personal qualifications
or merits of the applicants the discussion has little
interest to the public but so far as it involves great
questions Of fundamental law, affecting the logical
relations of the States composing the Union under
the Constitution, it has vivid interest to every
reader. Embracing within its scope the consde-
ration of theoretical principles the most essential
and important in connection with the immense
practical difficulties that have resulted from the
chaos into which the orderly working and SYM
metry of our institutions have been plunged by the
architects of national ruin, this discussion pre-
to the most capacious and logical of minds the
gravest Observation-Disclosures indeed
which, to the thoughtful inquirer, rise in COM
plexity and seriousness precisely in proportion to
the ccmprehensiveness and logical faculty of the
mind that undertakes to grasp them with view of
bringing such chaotic relations into harmony with
the theoretical arrangements of the Constitution.
From the difficulty of untying the Gordian
knot of our great political complication, many have
been ready to cut it with the sword, by boldly de-
claring that the States in which conventions have
assumed to pass ordinances of secession, and in
which these ordinances have been followed up by
war, arc no longer, within the contemplation of the
Constitution and laws, States of the Union. The
theoretical difficulties of this position
oilsbe with the legal rights and pretensions of the
Federal Government in the contest precpitated by
the secession revolt and are in such obvious and
direct conflict with the avowed principles on which
the war was accepted, that there is In most minds
an instructive recoil from doctrine involving
sumptions SO fatal to the stability of our political
system. The question whether, in point of law,
States like Arkansas are Z" in the Union" or !" out
of the Union" has been discussed in many aspects
and relations, but this simple question, Invested of
irrelevant issues, has never been more clearly pre-
scented in of its aspects than in the following
brief observations made in he Senate, on the 18th
instant, by Mr.. HOWE, of Wisconsin. He said:
IT have document in my hand entitled the Consitu-
ton Of the United States and here is clause which
reads:
"The of the United States shall be composed Of
two Senators each State chosen BY the Legislature
thereof for six and each Senator sha have VOTE
AFT this Is genuine document and that is binding
law it opens up the inquiry whether the State of Arkan
sas is State of the Union shave another document
which entitled An act for the admission of the State of
Arkansas into the Union and TO provide for the due
cuton Of the laws Of the United State within the same and
for other purposes clause in that act reads follows:
That the State of Arkansas shall be- one and hereby
declared one of the Unite states OF America and ad
mitted iato the Union equal footing with the original
rist OF ali the territory included within the following boun
| daries, to wit
ct will not read the boundaries suppose the body
which enacted that law had authority to enact it, aud
suppose it to be Law to day which binds this Senate and
binds the President and binds each Of the agencies and all
the authorities of the United States excep the
power unless it has been repealed abrogsted has
been repealed, l ask when, and BY whomf There
these who say repealed by the people of Arkansas
think they mistaken think the people of Arkansas
repeal of the acts of Congress- and suspect
will not be seriously conteDded by body this foor
There others who suggest If they do not say that
has been repealed by the President of the United States
think they mistaken ALSO do not believe the Presi
dent Of the United States repeal of these laws
do believe that he has the authority TO do it, and what
is more do not believe he has attempted to do it
at s said he issued proclamation which operates
repeal of this statute have looked at the proclamation
do not think it intended to have any such effect and
if designed the terms employed utterly inadequate
to effect any such purpose He declared to be sure that
the inhabitants of the said States of Georgia South Caro-
lna Virgins, North Carolina, Teunsssee, Alabsms Lou
isiana Texas Arkansas Mississippi and Florida Except
the inhabitants of that part Of the State of Virginia lying
the ANegnany and such other parts
of that State and the other States herenbeore named
may maintain loyal adhesion to the Union and the Con-
stiiution, may be from time to time occupied and
roed by forces of the United States engaged in the dis
peron Of said insurgents in state of Instruction
"That portion of this proclamation which have read
does not declare that the people of Arkansas in
state of nsurrecton positively but only far they
controlled by the military forces Of the United States
so far they not controlled by those forces he does
proclaim that the people in state Of nsurrecton
against the United States But what then What il they
are in state of Instruction the whole of them what is
the quence declared by the PRESIDENT Simply,
not that they out of the Union, not that they
longer in the Un0p not that they longer entitled to
representation this HOUSE The other not that they
are deprived of the functions of State the President
does declare either of these things but simply that all
commercial intercourse between the same and the nhabi
tsns thereof with the exceptions aforesaid and the cit
Gems OF other States Ind other parts of the United States
il unlawful and will remain unlawful Wheu1 Until
such nsurrec on shal cease, has been oppressed
What then Why that all goods and coatelr, wares
and merchandise coming from any of said States with the
exceptions aforesaid into other parts OF the United States
without the special license and permission OF The Pfesi
dent through the Secretary of the Treasury proc edng
to aoy raid States with the exception aforesaid by land
water together with the vessel vehicle conveying the
ssme conveying persons to and FROM said stses, with
said exceptions will be forfeited to the United States
Give this paper whatever authority you please, il
by people OF arkanras deprived OF the power Of
establishing State Government OF electing Legislature,
which Legislature can elect sensors TO this body if by
this pspef these preogstves taken away from the peo
pe Of Arkansas they taken away from the people o.
New York unquestionaby, because the obligations aud
the duties charged upon the people Of Arkansas and tie
people of New York precisely nlke. The czens OF