The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1865-09-23

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because they contravened the Constitution,
| and therefore they were never engaged in a
public war but merely insurgents, let us in
quire which position is best for the United
States. If they have never been otherwise
than States in the Union, and we desire to
try certain of the leaders for treason, the
Constitution requires that they should be in
dicted and tried ''by an impartial jury Of
Tie !Staie and district wherein the crime shall
hare been committed, which district shall
hare been previously ascertained by ian."
! The crime of treason can be committed
only where the person is actually or poten-
TALLY present. Jefferson Davis sitting in
Richmond counseling or advising, or com
handing an inroad into Pennsylvania has
committed no overt act in this State and can
be tried if anywhere only in the Richmond
District The doctrine of constructive pres
ence. and constructive treason, will never
hope polutc our Statutes, or judicial deci
sions. Select an impartial jury from Nir
glnia. and it is obvious that no conviction
could ever be had. Possibly jury might
be packed to convict, but that would not be
an ''impartial' jury, it would be judicial
murder, and would rank in infamy with the
trial of Lord Russell, except only that the
one was the murder of an innocent man.
and the other of traitor The same diff.
culties would exist in attempting forfctures.
which can only follow conviction in States
protected by the Constitution and then it
Is said only for the life of the maleiactor.-
Congress can pass no bill of attainder.n
Nor under that theory, has Congress,
much less the Executive, any power to in
terterc in remodcling those States upon re-
construction What reconstruction is need
ed? Here are States which they say, have
never been out of the Union, and which are
consequently now in it without asking leave
OF any one. They are competent to send
Senators and Members to Congress. The
state of war has broken no constitutional
ligament, for it was only an instruction of
individuals, not public war wagcd by
States. Such is the reasoning, notwithstand-
ing every State acted in its municipal capa-
city; and the court in the prize cases q
Black 613) say. "Hence in organizing this
rebellion they hare acted as .States." 1t is
no loose unorganizcd rebellion, having no
defined boundary or possessions 1t has Il
boundary marked by lines of bayonets, and
which can be crossed only by force-South
OF this line Is c"tmy's territory, because it
is claimed and held in possession by an or
ganlzed, hostile and bcllgcrcnt power" -
What right has any one to direct convcn.
ton to be held in sovereign State of this
Union, to amend its constitution and pre-
scribe the qualifications of voters. The SOY
ercign power of the nation is lodged in Con.
grcss Yet where is the warrant in the
Constitution for such sovereign power. much
less the Executive to intcrmclde with the
domestic institutions of State, mould its
laws and regulate the elective franchise 1t
would be rank, dangerous and deplorable
nsnrpaton. In reconstruction, therefore.
no reform can be effected in the Southern
states IT they have never left the Union
But reformation must be effected the foun
datlon of their institutions, both POLITICAL
municipal and social must be broken up and
relaid, or all our blood and treasure have
been spent in vain. This can only be done
by treating and holding them as a conquered
people. Then all things which we can de-
sire to do, follow with logical and legitimate
authority. AS conquered territory Congress
would have full power to legislate for them:
for the territories are not under the Consti.
tuition except so far as the express power to
govern them is given to Congress- They
would be held in u territorial condition until
they are fit to form State Constitutions, re.
publican in fact net in form only, and ask
admission into the Union as new States If
Congress approve of their constitutions, and
think they have done works meet for repent.
ancc they would be admitted as new States.
II their constitutions are not approved of.
they would be sent back, until they have be.
come wise enough so to purge their old laws
as to eradicate every dcspotic and revolu-
tionary principle-until they shall have
learned to vencrate the Declaration of Indie.
pendencc
| do not touch on the question Of negro
suffrage. If in the Union, the States have
long ago regulated that, and for the Central
Government to Interfere with it would be
'mischievous impcrtinencc. IF they are to
be admitted as new States they must form
their own constitutions and no enabling
act could dictate its terms. Congress could
prescribe the qualification of voters while a
Territory, or when proceeding to call CON
vention to form State government. That
is the extent of the power of Congress over
the entire franchise, whether in territorial
or State condition. The President has not
even this or any other power to NEEDLE in
the subject, except by advice to Congress-
and then on territories. Congress, to be
sure, has some sort of compulsory power by
refusing the States admission until they shall
have complied with its wishes over this sub.
.ect. Whether those who have fought our
battles should all be allowed to vote, or onlv
those of paer hue, leave to be discussed
in the future when Congress can take legiti-
mate cognizance of it.
If capital punshments of the most guilty
are deemed essential as examples, we have