Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-03-23

state IN the union, always so, until consent or
successful force permanently takes il out. The
people Of the state, in The largest sense OF the
term, are the stare and they make It's constitu-
ton and 70 DC their constitution, in any Just
sense Of term, il must be their free sct. not the
result Of coercion orduress in any form. When
this fee action has been had, then the only
essential conditions of q state constitution in its
relations 10 the United States are thar il should
be republican in form and il harmony with the
constitution of the United States What, for
example, made the state Of South Carolina a
state OF the federal uniont The constitution OF
the United States and tile consent of the people
Of South Carolina; and nothing but the same
power, except successful revolution, can unmake
her That revolution Is not accomplished. and
therefore South Carolina is in the uniOn and the
power over her constitution in the hands of her
people, who can do with 1t what they please.
except make II contrary 10 the constitution OF
the United States that they cannot do. and
when they attempt TO make il thus contrary il
Is void in all those things wherein il is contrary
in all else it IS good.
-Four elements at least are involved in the idea
OF state government l. a defined territory
?. The people occupying it. 3. Functions or q
form or sySlcm Of government. 4. An admins
tration, or officers or functionaries 10 carry on
the government In eonstitu ional sense, it i
absurd TO say federal state may be partly out
OF the union and partly in; its territory out lis
people in; its territory and people in, its govern
ment out. Officers, funtionaries, are not, in il
full sense, the government. The lie of the
| government Is not in them, but is manifested
through them. Suspension of action, or void
action by the functonaries ola state government
Is not the death of the state. State officers may
commit suicide, a majority Of the people may
commit suicide; the state has not therefore com
| al
federal state gOre nment BY the confederate state
government, even with the consent of n majority
of the people, is the death If the federal
The usurpcd or overriding power being removed
the lawful federal state government revives of lis
own inherent life, and becomes the law of The
people until they consti.u;ionally and lawfully
changes it.
Every officer of state NAV die, resign, re
fuse act desert his state or turn traitor is The
state therefore dead! Ii is not. The substance
the body Of tie state, its territory Its people, it:
| organic law, remain. The functionaries may be
gone, but the functions of the government ar,
not gone. Suspension of rights, non exercise o
rights, either voluntary or by coercion, or mis-
feaSance, or malfvaSanCe, in q state having Gle
ments Of sovereignty, do not involve destruction
| Of sovereign rights much less extinction of The
federal state. The state exists and the rights re
vive when the suSpending or disturbing cause i
removed. Ii would relieve the minority lie thu
House from much embarrassment, and save then
perhaps from false charges of factious opposition
to administration m assures, if the president anC
his friends here would agree among themselye
and clearly define to us the princi lies which
they propose 10 deal with the states in rebellion
Are those states out Ofthe union or in il!
their territory foreign territory notl
Are the powers you and the president are as
suming 10 exercise over them, powers of con
quest, or powers under the constitution. l. tn
plan, either in principle or in detail, embraced il
this bill, plan wholly outside of and unknown
TO the constitution" or inside of and known t.
it,
For my part, l cannot understand the doctrin
of the gentlemen from Massachusetts, Mr.
Eliot BY which 4 state Is al the same time II
the union and out OF it state and not state
at once a state and territory state in tn
union to be governed and out of the union to b
dsfranchishcd and punished state, in m.
idea, is an entirety; body polite, not severa
bodies polite: one sovereignty, qualified ant
limited it is true, hut yet one sovereignty, no
many Members Of the state may be disjointot
and perish, but the state remains one BODY, eithc
in the union or out of il.
Concluded b. R,0rYOU.