Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1865-09-22

States were not treated as outlaws, but a.
I soldiers Of war, because they were comman.
ded by officers holding commissions from that
Government. The Confederate States were
for four years what they claimed to be, an
alien enemy, in all their rights and liabilities.
To say they were States under the protec-
ton of that Constitution which they were
rending, and within the Union which they
were assaulting with bloody defeats, simply
because they became belligerents through
crime is making theory overule fact to an
absurd degree. 1t will, | suppose, at least
be conceded that the United States, if not
obliged so to do, have right to treat them
as an alien enemy now conquered, and sub
foe.
If we are also at liberty to treat them as
never having been out Of the Union, and
that their declarations and acts were all void
because they contrayened 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
indicted and tried ''by an impartial .j,ttg of
tAtStf fCt tJfcfctt tftt CFtbc Gftfbtt
hare been committed, aChtch district shall
hare been pregiJusty ascertd6aed Jg tQl0."
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
manding an inroad into Pennsylvania, has
committed no overt aot in this State, and can
be tried, if anywhere, only in the Richmond
district. The doctrine of constructive pres
ence, and constructive treason, viii never, |
hope, pollute our statutes or judicial decis-
ions. Select an impartial jury from Vir-
ginia, 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 1t 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, the
other traitor. The same difficulties would
exist in attempting forfeitures, which can
only follow conviction in States protected by
the Constitution and then it is said only
for the life Ofthe malefactOr Congress can
pass no sbill of attainder. :"
Nor, under that theory, has Congress,
much less the Executive, any power to in
terfere in remodelling those States upon re-
ed F? 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 hg-
aments, for it was only an insurrrection Of
individuals, not public war waged by States
Such is the reasoning, Notwithstanding eve
Ty State acted in its municipal capacity; and
the court in the prize cases e Black 673)
say: Hence az or.go9tiSt19 tltis rebellion they
hare acted as .StdteS = IL is no loose unor-
ganized rebellion, having no defined boun-
dairy or possession. 1t has boundary,
marked by lines of bayonets, and which can
be crossed only by force-south of this line
is enemy territory, because it is claimed
and held in possession by an organized, hos
tile and belligerent power. What right has
any one TO direct a convention to be held in
a sovereign State of this Union, to amend its
Constitution and prescribe the qualifications
of voters? The sovereign power of the ma
ton is lodged in Congress Yet where is
the warrant in the Constitution for such SOW
ereign power much less the Executive, to
intermeddle with the domestic institutions
of State, mould its laws, and regulate the
elective franchise Itwould be rank, dan
gerous and deplorable usurpation. In re-
construction, 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 so
cial must be broken up AMI relaid, or all our
blood and treasure have been spent in vain.
This can only be done by treating and hold
ing them as a conquered people. Then all
things which we can desire to do, follow
with logical and legitimate authority. As
conquered territory, Congress would have
full power to legislate for them for the ter
ritories are not under the Constitution ex-
cept SO far as the express power to govern
them is given to Congress-. They would be
held in a territorial condition until they are
fit to form State Constitutions, republican
in fact, not 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 repentance,
these would be admitted as new States. Ii
their Constitutions 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 despotic and revolutionary
principle they shall have learned to
Yenerate the Declaration of Independence.
| do not touch on the question of negro suf-
frage. Ifin the Union, the States have
long ago regulated that, and for the Central
Government to interfere with it would be
mischievous impertinence. 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 pre-
scribe the qualifications of voters while ter
ritory, or when proceeding to call a eonven-
ton to form a State government. That Is
the extent of the power Of Congress over
the elective franchise, whether in terrific.
rial or state condition. The President has
not even this or any other power to meddle
in the subject except by advice to Congress
and they on territories Congress, TO be
sure, has some sort of compulsory power by
refusing the State admission until they shall
have complied with its wishes over this sub
ject Whether those who have fought oul
battles should all be allowed to vote, or only
those of paler hue, leave to be discussed
( in the future when Congress can take legiti-
mate cognizance oft
IF capital punishments of the most guilty
are deemed essential as examples, VIC have
/ seen that, on one theory, none of them can
/ be convicted on fair trials-the comnlic;ty Of
I the triers would defeat it. But, as con.
! quered enemy they could not escape. Then
4 trials would take place by court-martial.
4 do not think they could thus be tried for
7 treason but they could be tried rs belliger.
I ents, who have forfeited their lives, accor-
! war, as anciently practiced, the victor held
the lives, the liberty and the property Of the
vanqushed at his disposal The taking Of
L = L l. "a.