The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1866-01-13

State, for political purposes, separate an
distinct from the people who compose it is
manifest absurdity. A State is body tolitit
or civil community, united together for th
purposes Of government, and their govern
ment is the accredited legal organ tbroue
which they act, and by which they are know
a. municipal organization. South Cd 4rolin
may have land and defined terfitoris
boundaries, but it can have no government
without inhabitants, and without . govern
ment, although having inhabitants, it woul
not be known or recognized a State. Tn
people in that or any other State in the Fed
eral Union are nothing more or less han
municipal body, exercising tAe .pope4s an
franchises of government under The authori
| y Of the United States, and in subordihstio
TO tho paramount sovereignty of the Coastitu
] ton, which is the supreme Law of the land. Thi
subordination of States, and supremacy of tn
Y Constitution, are our sheet anchor and bon,
Of perpetual union. Any theory adverse Il
this would result in the inevitably destructio,
| OF our nationality.
While in territorial condition, though hav
ing inhabitants, and the same boundarie
She now possesses, and though within th,
jurisdiction Of the Federal Government, Ala
bama was in no constitutional sense Stat
IN the Union, and she became such onl,
through the act of admission adopted by Con
gress in pursuance OF the provisioa authori
zing new States TO be admitted. BY this ac
OF admission, or ordinance, accepted by the
people of Alabama, the United States be
| came bound, among other things to secure to
them republican form of government, to
protect them against inyasions and domestic
violence, while on the other hand, the State
so created, acknowledged the sovereignty al
/ the Constitution and the supremacy of the
General Government within the scope of it,
granted powers From these mutual oblipa-
tons, pSFpetaallv binding - Constitutional
covenants, neither party can legally recede.
Ihe original States became members of the
Union By ratifying and accepting the Consti.
tuition which placed them upon like footins
with those subsequently admitted, and created
between them and the Government precisely
the same reciprocal obligalians.
Reasoning from these obyious premises |,
follows that the attempted sxpatriaton of the
Southern States, and their efforts to maintain
it by war, virtually dissolved. for the time
being, their political relations with the Fede-
raj Government, inasmuch as these unauthor-
lied acts violated their constitutional oblipa.
tons, and, on their part, the conditions upon
which they were created and admitted as
members of the Union. The treason of a few
individuals. or mere local insurrection would
not have produced this result Bu, when the
people en- mdsse renounced their constitutional
rights and deliberately transferred their ale
g'ance to hostile sovereignty, taking the
entire power of the State with them, and levy.
ing war to maintain their new relations, i,
became treason on their part, involving by
the established rules of national conduct, the
destrucfibility of their political organizations
ErV ~ faet hat, g O.
complished their reasonable designs, their
political separation would have been complete.
although their territorial boundaries might
have remained as before. But, being over
come by the superior power of the Union, they
were forcibly retained within its jurisdiction
IN the attitude of q conquered people. HAY
ing With reasonable intent violated the sol
emn covenants by which they were originally
organized as States, and having forfeited
their sights under them they are now in no
condition to claim the benefits Of these cove.
nants. which can only be renewed by the dis
position of the Federal Government. as the
innocent and injured party, in the exercise of
its sovereign power.
Having thus ascertained the true condition
OF these States, under the Constitution. the
question As to whether they have been out OF
the Union becomes mere abstraction. In
legal contemplation they certainly were not:
for all their acts in that direction, being in
conflict with the Constitution, became null
and VOID; yet 1t Is nevertheless equally clear,
as matter of fact, that for a period of four
years the authority of the Union was forcibly
excluded from these States, and that, during
that period, they were out of their coustitu.
tional orbits. Had this condition been main.
tanned, aud their separation permanently
established, then the proposition that they
were cut of the Union would scarcely have
been disputed; and may we not therefore with
equal propriety now admit that, for all prac-
tical purposes these States were not in the
Union while this abnormal condition existed.
To hold, as many do, that the functions of
these states we're merely suspended, not de-
stroyed by rebellion, would result in the lopi-
cal conclusion that their former condition
revived when the cause Of that suspension was
removed; and, If they have not been DESTROYED,
h. what right do we now intervene in their
affairs, and require their governments to be
reformed before allowing them to resume their
civil and political relations with the Union
From what source does the President derive
rightful authority to appoint Governors for
these States comforting power to elect dele
gates and organize constitutional conventions
prescribing the qualifications the qualifca-
tions Of electors, and, by compulsory direc-
tions, require them to adopt certain measures
and reject others. He could do none of
these things for Pennsylvania or Iowa, and he
does them for the insurgent States only as
the authorized agent of constitutional sove-
reignty, and because their civil vitality has
been destroyed, and they have ceased to exist
except as geographical boundaries within the
Union, containing inhabitants deprived of
Organized governments
Upon this broad and conclusive theory the
work of restoration has SO far progressed. 1t
was the landmark which guided Abraham
Lincoln in his labors, wherein he was en-
dorsed by the overwhelming verdict of the
people. 1t is the grand and abiding
principle in accordance with which the strup-
gle was maintained by US, and the Union
saved. And hesitate not in saying, that to
it now would be an insult to the
memory Of the martyrs who have fallen in its
defense, and = dishonorable surrender to the
enemies we have conquered.
If the view we have taken be not correct, |
hen the President has committed a aaersnt
violation of the constitution by arbitrarily in |
vading the sovereignty OF these States in the |
absence Of war and consequent military ne
cessity, for which he should not only be ar
'aigned before the tribunal of public opinion, |
but deserves the penalty of impeachment
At . juncture SO fraught with danger to the
and, honest convictions may be 6tly uttered. /
The boldest advocate of strict construction
will scarcely deny the nghtfulness of the pow
y claimed and employed by the President,
ret IN the existing posture Of affairs these
obvious reasons for its exercise are far more
important to the country in the adjustment Of |
he grave questions before Us than the mere
net that the power itself has, been assertcd. I
And BY keeping these reasons steadily
n view We shall not onlg be furnished vith j |