The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1864-01-15


The status OF Gho EkevoIted States-
suspension ca FuRcuons nOt Su1
c-de.
ItEill not be difficult for 3 mind POS
sesssd Of even ordinary aDsly teal to IN
dsrstsnd the difference between the deaf
Of corporation, political, religious O.
elenOsey nary, and more temporary
suspension of it's functions. The rebel
lion has suspended the functions of sey
ersl Of the State Governments. but has
not, cannot annihilate their cooperative
existence. Before admission into The
Union, tho territory is subject to The con-
troll Of the nation; in legis lating fer il.
Congress possesses the csmbined power
Of the State aud general Goyernmen t.
and can either exercise it or confer i
upon the people. That fact was se;tlec
years since By the Supreme Court, in q
question arising before tho slavery sgita.
tiOn commenced, and upon . subject il
which party feeling could not enter; aBo
it is In accordance with reason and com
men lenfe. The Constitution provide.
for bat two kinda Of govsrnmen ts-thsi
Of the nation aud those Of the Sts tefi
and as all power must rest somewhere
then ia places where the latter have DC
existence, the former is supreme, though
it can best exorciee its powers by dele
eating them 10 territorial legislature;
but Of course, whether in express terms
or not it retains the right Of revision
whenever it chooses 10 exercise it. This,
the most ardent friend Of popular sove-
reignty in The territories admitted, il
mere than one instance, by words and
acts, to which particular reference could
be made wore it necessary. But it i.
not.
1t would be impossible to compel .
territory to enter The Union as a STATE
If the people refused it. they could r, =
main { reveT in their territorial condition
but this is hardly possible contingency,
and need not be discussed, as it has Little
bearing upon the question at issue.
Another incidental question might
arise as TO the right of 3 State, after
having been admitted into the Union, to
resume its territorial condition, and
transfer its corporate pOwer-we use the
term corporate because it is cOmprehen-
sive, though il hardly expresses the cor
rect meaning--to the national Govern
ment, either with or without the consent
Of Congress, unless by an amendment Of
the Constitution; but this question, like
the others, is not nov at issue, nor is il
probable that it ever will be.
The problem whose solution The public
interest imperiously demands, is this;
what is the effect Of the rebellion, upon
States which had = corporate existence,
ct the time Of the election of Abraham
Lincoln, as President of the United
States? The conditions referred to, rela.
tive TO territories, are not applicable to
them; and admitting that States can
ordinarily surrender their cooperate pow
ers, those situated in the revolted section
of the country, have done no such thing.
They did not ask to become territories,
but attempted to use their legislative ma
chinery TO acquire independence.
The Government of the United States
does not operate upon States, but indi
viduals; ia all it's dealings with rebels,
IL must treat them as reVolted citizens
true they attempted 10 use their corporate
powers TO aid them in their work; but
for this they can, and the leaders ought,
be punished, like any other one who COM
nits crime, or abuses bis trust How
many officers have accumulated fortunes
by an abuse Of their power; yet who
ever heard of the abolition of those of d.
ces as remedy? The culprits, if de-
tectsd, are arrested, and punisbed-noth-
ing more
In more than one instance, State laws
have been unpopular in q particular
county, and Ibe people have elected sher-
life, or other executive officers pledged
10 disregard them which is a partial
. rebellion; yet who ever believed that by
that means, the county ceased TO exists
The operation of the law, or laws. was
suspended for the time, aud the officers
rendered Liable 10 a criminal prosecution,
and not unfrequsDtly they have been
successfully prosecuted. 10 other cases
where the acts provided for the election
Of special officers TO execute the lave,
the people have refused to choose one;
but that did not abolish their corporate
privil ges, nor repeal the laws, and
20 with the usually denominated Sc
csded STAGES The peOp'e, aud it mat
tsrs not whether by mob violence, or by
adrOiily svsiliug themselves of State
machinery, have prevented the election
of officers; for unless 4 man be sworn Il
support the Constitution of the United
States, as well IS that Of bic State, be il
no officer, and cannot legally exercise hil
powers.
The result, then, is this: in all the So
called seeded States, there exists fun
damentsl and statute laws there
exist the Constitution Of the United
States and the laws of Congress
aad also the Constitution Of the
States and acts of the Legislatures, bat
there are none who can administer or
execute them, because there are none
who have sworn 70 support the CODsti-
tuition of the United States.
Does the situation of affairs repeal g
single law, whether State or National
By no means, else il would be in the pow
sr Of faotiOus section at any time &c
render nail law TO which they, from
principle, interest, or caprice, might OBJ
iect. Their execution is suspended, but