The Weekly Perrysburg journal. [volume] (Perrysburg, O. [Ohio]) 1861-1???, 1864-04-13

own state, destroyed the Government uf the United
States and len each State free to act for itself
an Independent nation. ~"
IL was only those who we've mdoolriuatcl with
the false theory, that the Unitcd States were
Coniodcmted Government anti not nation, or who
were blinded by the Calhoun doctrine uf State
rights, who set up for answer ~ this shallow as.
sumption, the claim that State once State Is
always a State" | lay it down as propositions
which | do not bclicvc can be coutrovertcd, that
the constitutional relations OF State to the M
tonal Government may terminate, and the state
cease, Ms political organization, to bc State IN
vested by the Constitution with part or tho SOW
ercignty Of tho nation, in one OF tho following
modes
/. BY successful revolution and tho establish
mcnt Of an independent Government.
2. " the conquest of u fcrVign power.
J. Br the treaty making power, whereby co or
more states, or any part OF State may be coded
to foreign nation.
4. by acts OF treason aud rebellion on the part
Of the constituted authorities Of State, sustained
by majority of It's citizens
>. by the refusal of majority Of the electors in
state to perform their duties MS citizens and by
prohibiting the minority from exercising the fuuc-
TONS OF state Government undcr the ConStitu-
tion.
Other modes might DO named, aud have doubt
less suggested themselves to gentlemen who have
examined the subject. These, however, will suf-
fco to illustrate the views desire to present.
The first and second propositions will not be dis
luton or by conquest, States may cease to be mem-
bors of tho Union.
There may be some who will deny that, bv The
treaty making power, tho Government of the Uni
ted States can cede one moro States Or any part
of State to a foreign power Those who claim
that " n state, once State, is always n STATE"
will doubtless deny any proposition nt war with
this theory. Tho power, however, to acquire and
to cedo territory, Is an attribute Of Sovereignty full
ly recognized hv tho civilized Governments of the
world. John OuinpV Adame lnClNrnI t, ,h
delivered by him in the House of Representatives,
many years ago that State could cOnstitutiunallv
he co led to foreign power, II one State may be
ceded, then two or more States, or any part of n
State, may be coded. In settling the disputed
boundary between Great Britain aud the United
States, Mr. Webster negotiated treaty, coding to
Great Britain part Of Maine, which the Senate of
the United States ratified, and it became and is to
this day the law of the land. Ii that treaty had
ccdcd all the territory, included within the limits
of the State, save one hundred acres, would the
families occupying tho remaining territory, have
the right to assume tho government Of the State
and put the machinery of a State Government in
operation, elect themselves to Office and send SEN
ators and Representatives. to Congress If "a
State, once state, is always State" this right
would be unquostionablo, and they would assured
ly clothed with that power, II is said, if there
be out ten or oven hco loyal citizens IN any State
which by the votes of majority of its legal cleo
tors has, in the manner prescribed by law, abolish
hostile Government, and mado war against the
United States to maintain it, that the ico or ten cit
2ens remnining loyal, or protesting LOYALTY, are
by virtue thereof, invested with the entire power
OF the state Government, os II existed before the
Rebellion; that indeed, the old Constitution sur
wives tho action Of the majority which has abolish
cd II and adopted new one, aud that the hro or ten
loyal men may, under II, elect and inauguratc Off.
GERS from their own number, and thus, while as.
suming that tho ncts of the majority are null and
void hplI wifi a At
existence and Government of the State,
What wonder that we have had such blunder.
ing in Virginia and Louisiana on this question OF
reconstruction, when we have loyal men, claimne
to be statesmen, in the Senate and House of Rop.
rescntntivcs, misleading themselves and th,
country with such transceudcutal propositions rs
that which assumes that "a State, once State, is
always STATE" aud that ten men may set up and
maintain State Government in n. State, which
half mil lion men have voted to abolish.
but desire, moro particularly, to call the nt-
tcntion of the House to the fourth propostion-
the constitutional relations of II Stale to the Ma
tional Government may be terminated, by the ac-
ton of its constituted authorities, sustained by n
majority OF its citizcns, in abOishng their State
Constitution, establishing new one, and making
war upon the Supreme Government to maintain the
new Government thus established. claim that
u State which Is guilty Of such action, divosts
itself Of all rghtul authority to participate in and
be part of the Government which it is seeking "a
destroy, Just as every citizen who commits treason
fortots his right to citizanshp property and life
Tho territory constituting the State is still within
the national jurisdiction and constitutes part Of the
national territory its citizens though in rebellion
are still citizens Of the United States and under
the Constitution they owe paramount allegiance
to the National Government; but tho State, la wing
been converted by the treason of its rulers and
citizens into engine of war; for the destruction
of the nation, has Justly and legally forfeited all its
rights as an organized political community invested
with part of tho Sovereignty Of the nation.
Whatever part of national sovereignty was by
the Constitution and Laws of the United States
vested in such State lapsod by virtue of its treason
an,' rebellion, or tho treason and rebellion of its
citizens, and remains in the supreme Government,
Gentlemen have asked, with an mir of apparent
gravity, " when did these States cease TO yist?
Was it on the passage OF their secession ordiuan-
ces? II not, at what precise period of time did
they cease 10 be States, and get out Of the Uni0DY'
! answer that the territory and people constitut-
ing the State have not and can not +" get out of
the union," as gentlemen are pleased TO term it /;
that is, they can not Withdraw themselves and the
territory Of the State from the constitutional IN
risdiction of the National Government, except by
successful revolution but when majority of the
electors of any State, in compliance with the spirit
and forms of their organic or statute law, change
their State Constitutions and Governments, and
renOunce their obedience to tho National Cunsti-
tuition, their State Goyernments cease from that
very hour. Geut0mon must remember that this
is not "A rebellion on the part Of the maioritg, or
indeed any part of the people of the rebel States
against the constituted authorities, and former
recognized Governments Of those States, but A
rebellion on the part of the constituted anthor-
ties, aud majority of the people Of those States
against tac Government Of the United States IL
il we're rebellion Of the minority, or even Of a
majority of the people of those States, against
their old State Government and constituted au-
thorties, well as rebellion against the Nation
nj Government the old State Government would
remain, If their Constitutions had not been abolish
cd, and their constituted authoyilics had rolaiGcd
loyal but their State Governments would be in
abeyance, while the rebel insurgents hold posses
sioE of the State, The Constitutions and Govern
mcnts Of al the rebel States, however, having
been changed or abolished in the manner prc.
sorbod in the organic statute laws Of said States
by the will of a constitutional majority Of their
qualified electors, surely no lawyer will claim that
legal state Constitution and Government exists
~ any OF those States, such as can be recognized
by Congress OF any department of tie Aati,aal
Government. When such change Of their Con
sttutions and Governments was effected th.ir con
sttutiona relations 10 the National Government
ceased. They thon ceased to be States Of this
Union, as political organizations, invested by the
Congtltuti0n and Laws of the United States with
part OF the governing power of the Republic; but
The territory and people remain as befFe, legally
subject y tie Laws ana Uonstltqts21 OF tie Lni-
ted States.
If this theory be not DE true Que, ilcn an tba!
the cnnspiratOrs in Congress-, from the rebel Steteg
needed 10 have Jone, and all they need do in case
Of another rebellion, is to remain in the Senate aud
lousc. and insist that the States, wlicf they repe
sent, though waging war against tire National Cow
ernment 20 destroy IL, are sil States endowed with
part Of the sovereign power of the country, aud
that as representatives. from these ~htes, they
have the constitutional right to retain THEN seats as
part of The governing power VI the country.
Sir, if the c0nSpHtirS aud rebel chiefs could
have known that doctrine so ieiai as this to our
very existence as a nation, would have bcon seri-