The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-02-21
A Few Plain political AxiomIs3,,


That Cannot he Successfully disputed
or Denied, and which serve TO solve
.thePeFplexed Problem of the Status
ofthe states, and the People of the
states lately IN Rebellion against the
Authority of the United States.
We clip. the following from the WASH
ington Chronicle, which credits the au-
thorship to John Minor Bottsgof Vir-
ginia;. --E- -, -,--..rr.s
2. The right ofasecession is not only
not authorized, but it is expressly for
bidden by the Constitution of the Uni
ted States. -yis- s.;r5l I,r.I n u y
2. It follows, that all ordinances of
secession adopted by the States lately
in rebellion were null and void in law.
8. That the allegiance of the citizen is
dueto his State, and that there are thlr-
ty-six different a1legiances, in the Uni
ted States, and not one man owing al
legiance to the great central Govern
meht, which is StlpTente over all, isapro-
position too, absurd to be argued.
4. From which 1t results that no State
has been out of the Union, and could
not be carried out otherwise than by
successful revolution; and to admit
that any of the rebellious Statesiare or
have been out of the Union, would ne
cessarily amount to an admission that
the Union had been dissolved, and that
we had been engaged ina foreign and
not civil war; all of which would ma
terially impair the virtue and efficacy
| of that instrument which is recognized
and claimed as the supreme law of the
land.
%. But wbilstfno body of men, how
ever constituted, could take State out
of the Union, except by force of arms,
| yet any attempt to do so, by those owing
allegiance to the United States, assured
ly constituted the grave crime of high
| treason, if any such crime still exists
under our institutions. - - . 10
0. The right of expatriation or dena-
tionalization, however, has never been
| denied to the people of this country;
and, whilst they could not, take q State
| out of the Union, 1t cannot be denied
| that the citizens of the rebellious States
could take themselves out at pleasure,
either individually or collectively.
z. Nor can it be disputed that the late
so-caIled Confederate States did for four
years constitutes a government "de
Jdct0 )" and it follows that all those
who assisted in creating that de Jdcto
government,.by voting in convention
for an ordinance of secession, or sign
ing the same, or who voluntarily took
the oath of allegiance to, or held Office,
civil or military, under the said "de
TdctO" government, which offices could
only be held by citizens of a govern
ment then hostile to and at war with
the United States, thereby alienated
themselves from the Government of the
United States, and by thus renouncing
their allegiance, disclaimed all preten-
sions to its protection, and are therefore
aliens to this Government, and can only
be restored to the rights of citizenship
through the established laws of natu-
ralization or by special act OF legisla-
tion.
s. There can be no difference in law,
or in fact, in the political, status, of
| those Southern persons who have taken
the oath Of allegiance to the Htde fdcto"
government of the so-called Emperor
Macmillan, and those who have taken
similar oath, or otherwise made them
selves citizens ofthe "de fdcto" govern
ment of the so-called President Davis.
9. These being the natural, lawful,
| and unavoidable consequences of seces-
sion, alienation, and treason, 1t follows
| that the functions of government in
those States lately in rebellion have
been suspended by the unconstitutional
action OF those temporarily in authority
in those States, and thatthese State gov
ernments can only be restored through
| the action of the LdiO making potCeT of
the United States; and upon the sup
preston of the rebellion, and the re-
| storation of peace, the right to govern
and control these States naturally, con-
stitutionally, and inherently deyolves
on the loyal Citizens thereof, who have
fallen heirs to the estate, and who can
not lawfully be subjected to the power
\ and control of alien enemies to them
and toithe country; and that these loyal
| citizens have also u natural, conStitu-
tional, and inherent right, under the
sanction, of said 'law-making power, to
resume their original position in the
/ government and councils of the nation;
and therefore all representatives to Con-
gress, who present themselves with the
proper evidence of election, and who are
1 prepared, honestly and in good faith,
4 to comply with the Constitution and
laws of the United States, should bead
i mitted, without unnecessary delay, to
a participation in the legislation of the
nation, and to withhold this right is to
place the LoyqLon the same footing with
the 1disLoydt, and the friends on the
same platform with the enemies of the
country.
1O!.The President is clothed with the
power to grant reprieves and pardons
| to those who have committed offences
against the United States; but as none
are legally Offenders, and as no man in
this country can be legally punished
| for any offence, no matter how atroci-
Gus oraggravatedi the crime, until he
| has been tried and convicted of the Of
| fence with which he stands charged, SO
no reprieve or pardon, (the exercise of
which powers commenee esimultaneous-
Ily,) can be constitutionally granted be-
| fore the parties have been tried and
convicted, according to law; and there
fore all pardons heretofore granted to
| those lately in rebellion have been pre-
mature, and are null and void.
| IL. 1t is patent to observing men, that
| all attempts at reconstruction in many
OF the States, through the misplaced
confidence and nnaPpreciatedl Y kindness
| through The action of those who have
occupied the relations of alien enemies
| to the United States, have not only fail
| ed in their anticipated effects but are
| in many respects unsafe as precedent,
| pernicious in, their results, dangerous
| to our institutions, and should be COM
menced ttoe noVo.n ,t,-.--...t- -fs.tt
have not, i'm the opinion of the law
making power, been finally reconstruct
ed, 1t will be right and proper that q
military or provisional governor, of
loyal antecedents, should be appointed,
Except for the State of Virginia. with
instructions to call covention, to be
composed of loyal men only, to be
electediby those who are authorized to
vote by their existing State constitn-
tons.
13. The State of Virginia, although
large majority of her people were in re-
beIIion, has been continuously and
without interruption, through the ac-
tion of portion of her loyoI citizens,
l.recognfzedl as a State government by
every department of the Government of
the United States with a Governor
Regularly elected under the constitution
of 1851, with her representatives admit
ted to seats in each branch of Congress
during the; rebellion, she therefore
standsin a different relation to theaGoy-