The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-11-16

the Constitution or to restore the Union but simply
70 put down the Rebellion and then 60 establish
Congressional Direo ory out Of the senators and
Representatives from the Northern States, who
shall dciate what please for the resto-
ration OF the late revo ted Sta'es to the Union. )"
How many men in your armies would have re-
NAMED to risk ife and limb and health IN the
establishment Of such poIcvS The Southern Cou-
fedoracy would have been IN full power and
authority to-day.
Remdrks.-In reply to our correspondent,
we would briefly ask :-"What is State ?"
1t must consist Of one of three things,-either
the terrific within its borders, or the people
living in that territory, or the civil cor
poration created by those people, and en-
dowed with certain privileges. It is clearly
not the territory, for if the State OF New
jersey were to be annexed to Pennsylvania,
the territory would remain the same, but the
State would have ceased to exist 1t is not
the people-that our correspondent granted
in his last communication. 1t is the legally
elected officers, constituting the civil corpora
ton. Has Georgia any such officers? No; mot
one. Granted that the whole Rebellion was
null and void, and that legally the State of
Georgia has done nothing since 1861, where
are her officersp They have all returned to
private lite, by the expiration Of their terms.
Have they any legal successors who have
been elected according to lawP EClearly they
have not. Where, then, is the State of
Georgia? The State OF Georgia is a thing OF
the past.
Our correspondent says the status of the
State remains the same as before the war;
THAT this is so, is evident from the fact that
the judges of the United States have assumed
their functions in most OF the lately revolted
States without the passage of any law. In
order to do this, the States where they exer-
else their authority might erist as members of
the linton, because Where State ceases TO
be member of the Union, the Federal du-
thority Of the United States must cease"
The Circuit Courts of the United States
have not sat in any OF the Southern States
since 1851. The District Courts are appointed
to sit in certain sections of country, geo.
graphically allotted, and bearing no relation
to the States. That part of the United States
lying between the Delaware river and the
Alleghenies, and between New York and
Maryland and Virginia, constitutes the
Eastern District OF Pennsylvania. II the
State Of Pennsylvania was to be blotted
out, it would not change the power of
this Court. 1t sits IN a certain territory,
and so long as the territory belongs to the
United States, so long does its power remain.
I hat it must exist as State is illogical and
absurd.
''lf the State OF Georgia does not exist,
how comes it that it is recognized as such
organism for the purposes of taxationP ?"
''It the State, then, is such for judicial pur-
poses, why is it not equally so for the pur-
poses Of representation ?"
While the States by rebellion, forfeited all
their rights, they failed to free themselves
from any OF their duties as members of the
Union. That a criminal loses all rights by
his misdeeds, does not free him from his obli-
cations. The right ofrepudiaton was forfeited.
but the duty of paying taxes has not been
escaped. Hence, while she is amenable to
all the laws of the United States, she is not at
present entitled to any of the rights of mem
Der OF the Federal family.
In bringing this argument to a finality, we
agree with our correspondent that the war
was prosecuted to maintain the supremacy of
the Constitution, and in order that, through
all eternity, its supremacy may be secured,
we demand guarantees of the South for future
| good behavior. 1t is but consistent con-
clusion of the great struggle; aud as soon
as the bonds are signed, the North will re-
| ceiVe back the new ! tates, redeemed. re-
generated, and disenthralled by the irresistible
| genius OF universal Justice"
|