The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1865-09-14
VOL. IL.

ly present Jefferson Davis sitting in Rich
mond, counseing, or advising, or command
ing an inroad into Pennsylvania, has com
mltted no overt act in this State, and can b,
tired IT anywhere, only in the Richmond dis
trlct. The doctrine Of constructive presence
and constructive treason, will never, | hope
poilute our statutes or judicial decisions
Select an impartial jury from Virginia, an,
II IS obvious that no conviction could ever b,
had. Possibly jury might be packed t,
convict, but that would not be an impartial
jury; 1t would be judicial murder, ant
would rank In infamy with the trial of Lor.
Russell; except only that the one was tn,
murder OF an innocent man, the other of ,
traitor. The same difficulties would exist j,
attempting forfeitures, which can only follow
conviction in States protected by the Const,
tuition; and then it Is said only for the life o
the malefactor-Congress can pass no ''bill O
attainder.'
Nor, under that theory, has Congress
much less the Executive, any power to inter
fere IN remojeling those States upon recon
struction. What reconstruction is needed
Here are States which they say have never
| been out of the Union, and which are conse
quently now in it without asking leave of any
| one. They are competent to send Senators
| and members to Congress The state of wa,
| has broken no constitutional ligaments, for
| it was only an insurrecton Of individuals. no,
public war waged by States Such is the
| reasoning. notwithstanding every State acted
IN its municipal capacity and the court in
| the prize cases q Black 673) say: "Hence in
organizing this rebellion they have acted as
States. 1t is no loose unorganized rebellion,
having no defined boundary or possession.
1t has a boundary, marked by lines Of bayo.
nets, and which can lie crossed only by force
south OF this line IS enemys territory, be-
cause it is claimed and held in possession by
an organized. hostile and belligerent power
hat right has any one to direct a conven-
ton to be held in sovereign State of this
Union. to amend its constitution and pre-
scribe the qualifications of voters? The SOW
ereign power of the nation is lodged in Con-
gress. ct whore is the warrant in the con-
stitutlon for such sovereign power, much less
the Executive, to intermeddle with the do
mestie irsttuhons ot State, n,ouM its laws.
and regulate the ELECTIVE franchise? Itwould
be rank, dangerous and deplorable usurpa-
ton.
In reconstruction. therefore. no reform
can be effected in the Southern States if they
have never left the Union. But reformation
must be effected; the foundation of their in
stitutions, both political, municipal and social
must be broken up and reidid, or all our
blood and treasure have been spent in vain
ihls can snfy be done by treating and hold
ing them as conquered people. Then all
things which we can desire to do. fallow with
logical and legitimate authority As con-
quored territory, Congress would have full
9ower TO legislate for them: for the terrific
RES are not under the Constitution eycst
so far as the express power TO govern them is
gwen TO Congress. They would be held in
territorial condition until they are ft to form
State Constta,iohs, republican i'm fart, nor i'm
form optyf and ask admission into the Union
as new States. Ii Congress approve of their
Constitutions. and think they have dons
works meet tor repentance, they would be
admitted as new States. If their Constitu-
uons are not approved OF, they would be sent
back, until they have become wise enough so
to purge their old laws as to eradicate every
despotlG aud revolutionary principle-until
they shall have learned to yenerate the De-
ciaraton OF Independence. DO no, touch
On the question Of negro suffrage. II in the
Union, the States have long ago regulated
that, and for the Central Government to in
terfere with it would be mischefols iniper-
tinenoe. lit they are to be admitted as new
States they must form their own constitution;
and nc enabling act could dictate its terms.
voters while a Territory, or when proceeding
TO call a convention to form State Govern
ment. That is the extent of the power of
Congress over the elective franchise. whether
in Territorial or State condition. The Pres
Ident has not even this or any other power
to meddle IN the subject, except by advice
to Congressman they On territories. Con-
gress, TO be sure, has some sort of compul-
sorry power by refusing the States admission
until they shall have 1aSspiied with its
wishes over sh,s subject. Whether those
who have fought our battles should all be
allowed to vote, ony those of a paler
hue, | leave to be discussed in tn. future
when Congress can take legitimate cogn4ance
of il.
IL capital pnnishments Of the most guilty
are deemed essential as examples We have
seen that, on one theory, none of them can
be convicted on fax triais-the completely of
the trers would deieat it. But, as a conquer
ed enemy they could not escape. Their trials
would take place by court martials | do not
think they could thus be tried for treason
hut they could be tried as belligerents, who
had forfeited their lives, according to the laws
of war. BY strict rights of war. the liberty
and the property of the vanquished at his
disposal. The taking of the life, or reduction
to bondage of the captives, have long ceased
TO be praoticed in case af ordinary wars but
the abstract right-the sunanstim ;jusLis still
recognized in exceptional cases where the
cause of the war. or the character of the bel
lgerent, or the safety of the victars justify
its exercise. The saiao thing may be said Of
the seizure of property on land Haileck
(457) says some modern writers-Hautefeuiile |
for example-contends for the ancient rule,
that private property on land may be subject
to seizure. They are undoubtedly correct, |
with regard to the general abstract right, as
deduced from the law of nature and acient |
practice. Nattel says: "When, therefore; he |
has shbdued a hostile nation, he undoubtedly
may, in the first place, do himself justice re-
speciing the object which has given rise to
the was, and Indemnity fyiag himself for the er-
penses and damages which he has sustained
by it." And at page 1853; IA conqueror,
who has taken up arms not only against the |
sovereign but against the nation herself, and
whose intention it was to subdue fierce and
savage people, and once for all to reduce an
obstinate enemy, such conquerer may, with |
Justice, Law burden on the conquered nation |