The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-07-27

00N0
ions: oo
Hon. c. Fl. Bro,ening. Washington:
DEAR SIR: I thank you for sending
ma a copy of the call for the Nat,ohai
Convention to be held at Phlladelpnla
IN the l4th day of August next: IN tne
present unhappy condition OIL our ma
t;nns1 affairs. it seems to me ut anu In
,i a that delegates of the people
iInuld come together from all parts OF
e. country to manifest in an authentic
md G convincing way the adhesion OF
a. constituents to the fundamental
nr;ncipIes of our government, ana 10
that policy and course OF action winch
necessarily result from them. In my
Indictment the propositions contained IN
the call for the convention are consistent
with those principles and that pollcy:.
,Tba notnre of orr government does not
nermit the United States to destroy
State or acquire its territory py conquest
Neither does it permit the people Oh q
State to destroy the State or lawfully
affect in any way one OF Its relations 10
the United States One is as inconsist.
ant with our Constitution as the other.
While that Constitution remains op-
eratiye, each is impossible, but the gov
sernment of the United States may, and
must, in the discharge of its constlttl-
tional duty, subdue, by arms, any num-
Der of it's rebellious citizens into qulet
submission to its lawful authority And
if the officers of a State, having the
actual control of its government, have
disobeyed the requirement to swear 10
sunport the Constitution, and have
abused the power of the State by making
war ON the United States, this presents
the usurping and unlawful government
of a State, which the United States may
rightfully destroy by force; for undoubt'
| edly the provision of the Constitution
that the United States shall guarantee
to every State in the Union republican
form Of government must mean a repub'
lican form of government in harmony
with the Constitution, andwhich is so or
gained as to be in the Union. But neither
the power and duty of the government
of the United States to subdue by arms
rebelious people in territorial limits OF
one or more, States, nor its power and
duty to destroy a usurping government
de facto can possibly authorize the
United States to destroy one of the
States of the Union or, what must
amount to the same thing, to acquire
that absolute right over its people and
its territory which results III foreign
war. There are only two alternatives;
one is, that IN subduing the rebellion the
United States act rightfully within the
limits of powers conferred by the COnsti-
tuition The otheris that they make war
on part of their own people because it is
the will of those who control the gov
ernmeut for the time being to do SO, and
for such objects as they may chose to
attain. The lOst of these alternatives
has not been asserted ny either depart.
ment of the government ~ the
United States at any time, and
| doubt if any considerable number
of persons can be found TO sanction it
but if the first alternative be adopted, il
follows that the Constitution which
authorized the war prescribed The Oh
ices which alone can rightfully be &C
complisbed by it, and those objects are
not The destruction Of one or more States
but their preservation not the destruc.
llOu Ol GONCluLA IL ~ SbulOi DuO lA]>
restoration Of lis government to repu6'
lican form, in harmony with the Consti'
tuition; not the acquisition OF the terri
tory OF State, and of that absolute
control over the persons and property
Of It's people which a foreign conquereI
would possess, but their submission to
the Constitution and laws Of the United
States. 1t seems to me q great funda-
mental error 10 cOntound the case of
the conquest of foreign territory and
people with the case of submission 10 a
lawful and established constitutional
government, enforced through the pow
ers conferred on that government for
that specific purpose. IL Is quite true
that such 4 civil contest may have, and
i'll our country has had, the proportions
OF an actual war, and that humanity aud
public law uuite in debating the appli-
evils ana regulate the conditions UPON
which it shOuld be carried on; but JLos &
rules Of public law which concern the
tights and powers Of a conquerci VI %
eign territory, reduced by conques 10
entire submission, have no relation to
the active prosecution of war. Thor
operation begins when the war has
ended III submission. Tney are the laws
o. = state of peace, and not of of u state
Of war. To suppose that that the gov
eminent Of the United States can. III Il
state of peace, rightfuily hold and eNer.
else absolute and unlimited power over
Il part Of its territory and people just 50
long as it may chose to do so, appeals TO
me &c be unWmrdntCd by auN ulrs Of
puil.C law, abhOrIt"t % ~ int 10. ~nl! sud
lLu usl,ttut With the nature u s.tr gov
UfumeHt. WAeI war mas ccaseH when
she Authority Of the Constitution aud
law OF the United States has U-su re-
sto.od and established, the United states
have been restored and established, the
United States are III possession, not
under new title as cOnquere:s, but
under their old little as the lawful gov
erumcnt OF the country, and that title
has been NlndlcateG not by the Gestruc-
Ton vi one or moro States, but by their
preservation, and this pTeerYat. On can
DO worked out practically only by the
restoration OF republican govern ments,
organized in harmony with the
Constitution. The title of a con-
quelor is necessarily inconsistent with
a republican government, which can be
formed only by the people themselves
70 express and execute their will: and if
the preservation OF the States within
the Union was one of the objects OF The
war, and they can be preserved only by
having republican governments organ
lied ia harmony with the Constitution,
ss< such governments can be organized
orIy by the people of those States, then,