Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1866-01-12

.eaniseNion, South Carolina may have lands
and defined &c ritorial boundaries, but u
can have no government without inhabit-
ants. and without government, although
having inhabitants, it would not be known
or recognized as . State. The people OF
that aud everyother State in the Federal
Union, are nothing more or less than .
municipal body, exercising the powers and
franchises Of government under the au'
thority Of the United States, and in subor
dlsnatiop 70 the paramount sovereignty oi
the Constitution, which is the supreme Law
Of the 10 d. This subordination Of States,
and supremacy OF the Constitution, are our
sheet anchor and bond Of perpetual union
Any theory adverse to this would result IN
the inevitable destruction Of our nationality.
While in territorial condition, though
having inhabitants, and the same bounds~
RIGS she now possesses, and though
within the jurisdiction Of the Fed
eral Government, Alabama was in no Con
ssitutional sense State in the Union, and
she became such only through the act Of
admission adopted by Congress in pursu-
ancc Of the provision authorizing new
States to be admitted. by this act OF ad-
mission, or ordinance, accepted W the peo.
pie o. Alabama, the United states became
bound, among other things to secure to
them . republican form Of government, to
protect them against l. vasion and domestic
violence, while on the other hand. the
State 80 created, acknowledged the sover
eighty Of the Constitution and the supre.
macy of the General Government within the
scope Of its grantee powers. From these mu
tual obligations, perpctually binding as
Constitutional covenants, neither party can
legally recelc The original States became
members Of the Union by ratifying and &C
| ceptng the Constitution which placed them
upon like footing with those subsequently
admitted, and created between them and
the government precisely the same recipro-
cal obligations.
Reas ,nlny from these obvious premises it
| follows that the attempted expiration OF
the Southern States, AMI their Efforts to
| maintain it by war, virtually Dissolved, Tor
| the tim. being, their p"ltictl relations with
| the Federal Goyernmcn', lnaslnuch Is these
Unauthorized acts violated their constitu
tional obligations, and, on their part, the
conditions upon which they were created
AMI admitted as members OF the CuIon.
The treason of few individuals, or n mere
local instruction would not have produced
this result. But when the people IN mas,e
reno,ucc Their constitutional rights and dc
ibera,ely transferred their allegiance to a
h Jstile sovereignty. taking the entire pow
CT of the state with them, and lcvying war
to u aintan their new relations, 1t became
trea- IN On their part involving by Tie c:tab
iished rules vi national conduct, the des-
,ru .biIity Of their political organizations.
For it is manfc-t that, If these States had
accomplished their reasonable designs,
their political separation would have been
complete, although their territorial boun
iaries might have remainc0 as before. But
Lei X overcome by the superior power ol
The Union, they were forcibly retained
within its jurisdiction in the attitude Of a
conquered people. Havin. with tr,asona
blc intent violated the solemn covenants by
| which they were originally organized as
States, and having forfeited their rights un
der them they are now in no condition tc
claim the hvnelits Of these covenants, which
can only bc renewed by the disposition o.
the Federal Government, as the innocent
and injured party, III the exercise of its
| >ovcr cign power.
| sUd.iuk tiluS WV u uS tOhNs
ton ofthrsc States, under the Constitution
the question as to whether they have beer
out oi the Union becomes a mere abstrac-
ton. la legal contemplation they c,r ainl,
worr not fer All their acts in that DIR tioi
bong in c1n.li with the Constitution, he
came nal and void yet it is ncyerihel. S
equally clear. as \ mater Of fact that for
Period OF four years the authority of tn
Union was forcibly excluded from thcs
States, and that, during that period the,
were out of their constitutional orbits. Tia,
this cond non been maintained, anl thei
separation permanently established, thcl
me proposition that they were out If tn
Mon would scarcely have been disputed
AID may we not therefore with equal pro
priety nov admit that. for all practical pur
poses, these States were not IT. tn. Unio.
while this ohnormll condition existed.
To bold, rs many do. iha; the function
orthcse Strtrs were fnvGclv suspended, no
ieS' roycI by rebellion, womb result in tn
ls.icai conclusion that their former cond
ton revived when the cause Of that sus
pension was icinovcd and, if they have no
been destroyed. BY what night do We nov
intervene in their affairs, and require thci
l
ing them to resume their civil and pOlitca
relations with the Union? From wha
sourc. docs the President derive riyhtfu
authority to appoint Governors for thos
States. c ni,rring power to elect delegate
AMI organize constitutional conventions
prescribing the qualifications of electors
ard by compulsory directions, require tn Il
/, to adopt certain measures aud rcjeot others
lie couli do none OF these things for =, an
sylvau:a or Iowa, ana lie does them for III
. insnrg,nt States only rs the author ize,
agent Of c Institutional Sovereignty, and be
cause thcii evil vitality has been destroyed
and they have ceased TO exist except a
geographical boundaries within the Union
containing inhabitants deprived Of organ
lied governments.
Upon this broad and conclusive thcor,
the work Of restoration has 50 far progress
ell. It was the landmark which guide,
Abraham Lincoln in his labors, wherein h.
was endorsed by the overw hclmin yerdic
Of the American people. 1t is the gran,
and abiding principle in accordance
with which the struggle was main
tsincd by us, and the Union saved. And
hesitate not in saying, that to abandon i
| nUW WCuIu ue Ill ItISult 10 Tue IDeW NV q
the martyrs who have fallen in its defen Sc
and dishonorablc surrender to the enc
mics We have conquered
IL the view we have taken be not corrcc..
then the President has committed a ilayran
violation OF the Constitution by arbi,ra,il,
invading the sovereignty Of these States, il
the absence of war and consequen lolitar,
necessity, for which he should not only b.
arraigncd before the tribunal Of public opin
ion, but deserves the penalty Of impeach
ment.
At juncture so fraught with danger I,
the land, honest convictions may be fifty ut
tered The bodcst advocate Of street con
struction will scarcely deny the righl fulnes.
of the lower claimed and employee ed by til,
President, yet in the existing posture Of az
fairs these obvious reasons for its excrcis,
are far more important to the country in tn,
adjustment Of the grave questions befur,
US, than the mere fact that the power itsel
has been asserted. And by keeping thss
reasons steadily in view We saall not onl,
be furnished with safe guide for our owl
conduct, but avoid casting any obstacles i,
the way Of Congress, whose duties, in solv