Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1865-11-23

one man can bind another Every man, IN
this sad rebellion, must stand or TALL by his
own acts alone, Those acts of rebellion or
i'm aid of rebellion, which have been at
tempted 70 be done, under the guise OF state
action, no more bind the inhabitants OF the
several states thus dragged iuto rebellion,
than the majority vote OF the mem,
beers, of any other corporation could
bind the other members 10 the commits
sion of THEFT or murdor OF any other
crime. Nor does the attempt of a ma
iority of the state, or of the members of
the legislatures or the attempt OF The ma
iority of any other corporation To an un-
lawful act, an act clearly ultra piTeS work
any forfeiture of the legitimate corporate
powers, They remain the same as before,
They are not disabled from doing any law
full act, by the unlawful attempt Of the ma
iority ofthe members 10 do an unlawful act,
one clearly ultra UlreS.
7. But the argument is much stronger in
regard to the states, and the action of their
several legislatures, than when applied 10
the members of an ordinary corporation
The members of the legislature, for any
particular period, no more constitute the
| state, than the Governor, or the supreme
| judiciary All these funCtonaries repre-
sent the state, within their legitimate tunc-
tons, but not an inch beyond. The eXecu-
tive, or the judiciary, may personally, and
as individuals, commit treason, or any
other crime, under the guise of official acts,
but it would be strange 10 attempt to argue
from this, that the entire state was involved
in such crimes, and if such crimes involved
the forfeiture of life, or property, or other
/ civil disabilities, that II had, by conse-
Quence, involved the entire state in the same
| forfeiture.
S. But the same course Of reasoning
must be applied to the legislature, in order
TO involve the forfeiture of all the legal
| functions Of the state, because majority of
/ the members of the legislature have at
tempted TO draw the state into rebellion,
/ which is confessedly an act entirely beyond
I their powers. All the members Of the leg
/ islaturc might commit treason and murder,
or even suicide, if the thing is suppOSablc,
without producing the slightest effect upon
/ the legal corporate existence of the state,
so long as there remained, within the state,
enough loyal persons, who had not com
/ mitted felony, to create another legislature.
/ The powers and duties of the state must
also remain the same rs before this absurd
attempt 10 drag the entire population, at
the heels of the legislature, into treason.
We think il can scarcely be claimed then,
that any of the legitimate powers of the
/ several states, where the rebellion prevailed
have ceased TO exist, so long as a sufficient
number of loyal inhabitants remained in
their territory. TO uphold and carry forward
the lawful action of the state government
| and authority.
The only ground, upon which the forfeit
ure of state rights is maintainabe, will be
to treat the act of rebellion as working a
forfeiture of all legal rights under the con-
Stitution. This might fairly enough be so
treated, provided the act of rebellion were
one which had the legal assent of the en-
tire population in the rebellious states.
But that is a result, which no sound lawyer
will, for moment, attempt to argue. For
it is certain that large portions of the white
population did not willingly assent to the
acts of secession. Multitudes resisted as
long as they dared to. We know, for a
certainty, by correspondence with leading
persons at the SOUTH upon the very eve of
the rebellion, and with view to arrest it,
that very large proportion, if not an &C
tual majority, in nearly all the seeded
states, up TO the very moment of formal Sc
cession, were in their heart of hearts deadly
opposed to the course, that they were in
fact, dragged into it, by desperate organi
cation of ambitious men, who dreaded the
loss of power, and chose treason rather
than submission. And after these daring
and bloody men had, in this rash manner
inaugurated civil war and erected mill
tary government of the most iron rule, it
could scarcely be objected to the quiet citi-
cious demands, so long as the national gov
eminent was incapable OF redeeming its
pledge under the constitution, OF suppress
ing invasion and rebellion, and guarantee
ing a republican form of government to
each of the states; which must mean the
legitimate government of the state, in the
exercise ofits legitimate offices. This num-
erous class of persons then which was, at
the Inauguration OF the rebellion, and
would always have been, loyal to the laws
and the constitution, both OF the state and
nation, if they could only have been pro-
tected by the rghtful government in the
exercise of their legal rights, have never
personally and individually consented to
secession, or treason. And that they have
for a time, been compelled to contribute
both by money and strength to the support
of a uSurped authority, standing where II
ought not is more the fault, or the mistor
tune, of the rightful government, than o.
themselves. We could not therefore, witt
any propriety, declare any of their right'
forfeited They have been dragged into tht
unwilling and constrained support of re
bellious government, but still government
de fIcto, and the only government, who's,
protection they could with safety invoke O.
submit TO.
The conclusion is therefore irresistible
that very large proportion of the pOpula
ton in the seeded states, having remainet
COnstructively loyal, that is loyal, rs far a
the national government was able 10 pro
tect them in their rights, that portion must
now that the rebellion is suppressed and tn
reign of law restored, be RENTED to al
their rights, both under the state and ma
tonal authorities. Any other course is boil
unreasonable and illegal.
The legitimate effect of secession and re
bellion is therefore, as before intimated
that all the individual persons who hav
voluntarily favored and supported it haV
become subject to all the penalties of trea
son; they have forfeited to the nationa
government not only all their property, bu
their lives And the government may dea
with them for their offences in all Legitimate
modes And if they adopt irregular an,
, unlawful modes, in dealing with traitors il
perilous times, we do not intend to be yer,
nice in our criticims in regard to it. Blu
, we desire to protest, on behalf of those who
have all along, to the utmost Of their abb
ity, sustained the government, far NOR
, than the government was able TO sustain
them, that they shall not be overwhelmed
, in one universal overture of all law, and a
/, rights under the law whether organic o
A municipal. Such a course would be sCarCel
| 1aSc revolutionary than chat attpmptpA DN