The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-11-16
HEADQUARTERS DEPT OF THE TENNEssRK,
OFFICB OF THR ADJUTANT-O U BNBRAL
LOUISVILLE, Ky, Eevemb II Q, 1855
THE RIGHTS OF THE REvoLrED SECTION
To The Editor or 7he Eceaing Telegraph -


BURLINGTON, n. =, November 10, 1858.
have this moment read your very courteous edi.
tOrlal comments on my brief communication OF No
vember IL. It is possible that my language was o
shade too strong, as sugges' but L can assure
you that there was no in entOn of being dscour
teous. You appear to mIyunderstand my position
My argument was not that he citizens Of the late
revolted States engaged in the Rebellion less
responsible to the law because the Rebellion
valid act but that the act of the Rebellion being ille
gal all acts resolves and ordinances under the pre-
tended authority of the Government such Rebellion
called INTO existence were absolutely void. The
liability of the citizens engaged in rebellion re-
manned the same under the Constitution. The
nvalldty of the legislative act could not in any way
increase or diminish the guilt OF those participating
in the Rebellion, any than 1t could affect the
legal status Ofthe State which he a member. 1t
is clear that State cannot confer power on an agent
to do what the state itself has right 10 DO whe-
ther that agent hasa legislative character or is
special agent; and any person assuming to act under
authority Of a S S,ate, in where tae State has
no right, does not represent the State or bind the
State, and cannot justify under the State. The
status OF the State the Union is therefore in
way affected by the quit OF the rebellious citizens,
be 1t great small. The s.a.us OF the state re-
mains, therefore. what 1t was before tao war com.
meDced That this is 30 must be evident from the
assumed their functions in most OF the late
reVolted States, without the passage Of any laws
whatever 10 enable them TO perform their dutes
thereto In order to do this, tho States where they
exercise their authority must e1st as members of
the Uaion, because, when a State ceases to be
member of the Union, the judicial authority of the
United States must cease. The authority of the
Federal judiciary over very State of Georgia
is supreme at this moment, is exercised now, and
has been exercised tor some time. II the state,
then, Is a member of the Union for judicial pur.
poses why is 1t not equally TOR the purposes of
| representation The States have not been in
rebellion, only the people The Rebel on was per-
| sOna and the Ofense that of individuals, not of
States. The late Ievoted States have abdIcated
or forfeited, and could not, the character hey pos
sessed and the relation IN which they stood before
| the war. They are States still and as much States
! as when the insulrectlon was Inauguratedj and
their elation to their sister States and their
| sequent relation to the Government of the United
States, Is the same relation in which they stood to
both when the insurreciion commenced. But you
say "the State of Georgia had organized pollti-
cal existence. 1t was organized b. power which
had NO right to reorgan'ze it," Now, hold that the
question whether Mr.. Johnsons plan OF establishing
| provisional governments IN the Southern States
was legal or otherwise has no hing whatever to do
| with the issue betN cen us. No doubt In order to
enable the late revoled states to their tunc.
tions, some Lew action, not prescribed, was to be
resorted to at the close Oh tue If "the State of
Georgia as you say, "does rot exist, ;" how comes
il that it Is recognized as such Organism for the
/ purposes of taxatioD at the bar of the Supreme
Court, and In the exercise Of that highest act
of fsoveregnty, the right to vote on amendments to
the COnstitut ONT Ifhe late reVoles states not
In the Union and unuer che protecting egis of the
Constitution, then the so emn allegations made
everywhere by the Republican parts az the outbreak
of the late civil war; that the struggle was one to
maintain the supremacy of the Constitution and
restore the Union, was stupendous fraud, and tue
more base and wicked because it was the only In
ducement at the outset OF the struggle, that led
many to peril life and limb TO viDdioate tts truth