The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1865-12-07
WHAT Is A STATE.

present relation of the late rebel States
to the Union, there are practically bu,
two radically different opinions one
that Of the late rebels themseDves and the
Northern Copperheads, which is, that
the rebels in certain States having laid
down their arms the States are BY that
fact restored to all their former rights
and privileges in the Union and the
other that of tho President and LOYAL
men in all the States, which is, that they
can resume their ancient position only
BY the consent Of the Government and
upon such terms as it may impose. The
grounds upon which this latter view is
held are very many aud even conflicting.
But II would be dihicult TO ind clearer
or stronger statement Of ono view than
the one which we subjoin
GA people having a government is, so
long as it continues to have it, that kind
of body polite which we call a State
So long and no longer, one year or a
thousand years. While Rome had such
Rome was State, aud Poland, and AL
giers, and Naples, and Mexico of the
Montezumas, and Peru of the Incas but
losing their governments, Peru and
Mexico became possessions of Spain, and
Naples Of Victor Emanuel, and Algiers
Of France, and Poland of the PARTITION
ing powers, and the Rome of the hund.
red nations and tribes that broke through
her barriers. If the land they stood on
had been submerged in tho sea, those
States would not have been more effect.
ually destroyed than they were when
! their governments were rwhemed by
| conquest.
con the other hand, the Old Thirteen
were mere colonies until they acquired
governments, then they became States,
and finally ratifying the Constitution,
States IN tie Union. So all the new
accessions except Texas were first Terri
tories, then States, then, on admission,
States in the Union. Just as we'll call
clock case which never had machinery
in it, or from which the machinery has
been removed, a clock, as people which
never had government, or whose gov
ernmcnt has been destroyed, State To
do SO is simply to change definitions
Land rising ten thousand feet above all
other lands around is mountain. Who,
if it we're to sink, leaving lake in its
place, would call i. i An noaatsia ssills2 l2-..s
out of it only in certain relations they
bear to each other These relations
ceasing in fact as to any one or more
States, the difference in fact ceases also,
and such States are out of the Union.-
No doubt We lawyers often say very pret,
ty things, and poetical too, about matters
which have ceased in reality to exist, as
still eristing in contemplation Of lac;
and the uninitiated think we moan some
thing, they not rejecting that law is not
an intelligent being, but mere mandate
issued by supreme authority, and there
fore can never contemplate at all, though
those who administer or talk about 1t
may. Say, then, that the law contem-
plates or not what we will, if there be no
government in fact, there is in fact no
State, or where there are in fact no rcla-
tions of unity there is in fact no union.
"Five years ago, then, South Carolina
was State in the Union. BY force, and
not by any cunning arrangements of the
alphabet, she broke up those relations,
one and all, expelled every officer, over
threw every law, seized every fort, and
excluded every vessel Of the United
States. The other ten did substantially
the same Contemplation of law The
facf of union between them and the
United States was as untrue as betwen-
nav, more untrue-than between Japan
4 and the United States. Not only was
there total separation, but that separation
was guarded by three hundred thousand
men under arms. To call that union is
simply to defy dictionary and common
sense.
"But the eleven remained still States,
| for they maintained their respective gov
ernments. For time. At length that
long line Of armed exterior was, as field
after field was lost, driven back, and
State after State overrun, their govern
ments destroyed, their laws annulled,
courts closed, and functionaries displac,
ed, and generals and soldiers dispensed
martial law alone under authority Of the
United States. Not State government
was left any moro than after the fall of
fAlgiers there was an Algerine govern
men., or after that of King Bomba .
Neapolitan government Those geo
graphical spaces, once States, are now
possessions Of the United States, won by
conquest and held by the sword.
at is only to States in the Union that
the limited States are to guarantee re-
publican form of government, These are
not in but only belong to the Union as
Utah belongs to it. And when or wheth-
or they shall become States in the Union
is just as much in discretion as when or
whether Utah shall become such.
| Congress has never created nor at
tempted to create State even on our
| own territory. That it is work Of the
people, Congress can only admit States
already existing. Tennessee | suppose
to be such an ipchoato State, just as Cal
ifornia and Michigan and all the other