Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1866-06-19

L
publican government which we have vindi-
Gated at SO terrible cost are denounced as
unjust and oppressive.
five add to this evidence the fact that. al>
though peace has been declared by the Presi-
dent he has not, to this day deemed it safe to
restore the writ of habeas corpus to relieve Che
lnsurrcctionary States of martial law nor tho
withdrawal of the troops from many localities
and. that the commanding General deems an
increase Of the army indispensable to the pre-
servation of order and the protection of loyal
and we'll disposed people in the South, the
proof of a condition of feeling hostile to the
Union and dangerous to tho Government
throughout the insurrectionary States Would
seem to be alarming.
We now propose~to state, rs briefly as pos
siblo, the general facts and principles appli-
cable to all the States lately in rebellion
First. The seats of Senators and Represcn-
tativcs for the so-callcd Confederate States lc-
came vacant IN the year 1861, during the
second session of the 39th Congress, ~ the
voluntary Withdrawal of their -incum6epts
with the sanction and by the direction of the
legislatures or conventions of their respective
States. This was done as hostile act against
the Constitution and Government of the
United States, With declared intent to over
throw the same-by forming Southern Con-
federation. This act of declared hostility was
speedily followed by an organization of the
same States into conledcracy which lived
and waged war, by and land, against the
United States. This wap continued more than
four years within which period the rebel
armies bcsieged the National Capitol, invaded
the loyal States, burned their towns and cities.
robbed their citizens, destroyed more than
100000 loyal soldiers, and imposed an in
creased national burden of not less than 81,
5OO,UOO,OOO of which Seven or eight hundred
millions have already been met aud paid
From the time these Confederate States thus
withdrew from their representation in Con-
grcss and levied war against the United States
the great mass Of thcirpcoplc became and were
traitors-and all of them assumed
and occupied the political, legal, and practi-
cal relation of enemies of Tire United States.
This position is established by acts of Cons
grcss and judicial decisions, and is recognized
repeatedly by the President i'll public proclaim
ations, documents, and speeches.
Second. The States, thus confcdcratcd
prosecuted their war against the United States
to final arbitramcnt, and did not cease until
all their armies were captured, their military
power destroyed, their civil officers, State and
Confederate, taken prisoners and put to flight.
every vcstigc of State aud Confederate Gov
crnment obltcratcd, their territory ovcrrun
and occupied by the Federal armies, and their
people reduced to the condition OF enemies
conquered in war, entitled only by public law
to such rights, privileges, aud conditions as
might be yOuchsaied by the conqueror. This
position is also established by judicial decisions
and Is recognized by the President in public
procIamatiOns, documents and speeches.
Third. Having voluntarily deprived them
selves OF representation in Congress for the
criminal purpose of destroying the Federal
Union, and having reduced themselves by act
OF IcvylnS war to the condition Of public enc
mics, they have no right to complain of tens
porary exclusion from Congress but, on the
contrary, having voluntary rcnounccd their
right to representation, and disqualified them
selves by crime from participating in the Gov
crnmcnt the burden now rests upon them,
before claiming to be rcinstatcd i'll their form
or conditions, to show that they arc qualified
to resume Federal relations. In order to do
this, they must prove that they have establish
cd, with the consent of the people, republican
forms OF government i'll harmony with tho
Constitution and laws Of the United States
that all hostile purposes have ceased and
should give adequate guarantees against future
treason and rebellion, which will prove salts
factory to the Government against which they
rcbel!ed, aud by whose arms they were sub
duo1.
Fourth. Having by this reasonable with
drawal from Congress, aud by fragrant rebel
lion and war, forfeited all civil aud political
rights and privileges under the Federal Con-
stitution, they can only be restored thereto
by the permission and authority orthat cOnsti-
tutlOnal power against which they rcbclIcd
and by which they were subducd.
Fifth. These rcbellious enemies were con-
quercd by the people Of the United Statcs,
acting through all the coordinate branches
OF the Government, and not by the Exccutivc
Department alone. The powers of conqueror
are not so vested in the President that he can
fix and regulate the terms Of settlement and
confer Congressional representation upon con-
qucrcd rebels and traitors. Nor can he, in
any way, qualify enemies of the Government
to exercise its law>making power The au-
thOrity to restore rebels to political power i'll
the Federal Government can be exercised
only with the concurrence of all the departs
mcnts in which political power is vested
And hence the several proclamations of the
President to the people of the Confederate
States cannot be considered as extending be-
y0nd the purposes declared, and can only be
regarded as provisional permission by the
COMMANDMENT Chief of the army to do GER
tain acts the validity of which is to be deter
mined by the Constitutional Government, and
not solely by the Executive power.
Sixth. The question before Congress is
then, whether conquered enemies have the
right, and shall be permitted, at their own
pleasure and on their own terms, to partici-
pate in making laws tor>othcir conqucrors :;
whether conquered rebels may change their
theatre of operations from the battlefield
where they were defeated and ovcrthrowu, to
the halls Of Congress, and through their rep
rcsentativcs seize the Government which. they
fought to destroy whether the natioual trca-
sury, the army of the nation, It's navy, its
E,,tr and nr,nnnls IL. rrhnln ci,-;l