Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-02-15
John VI. Bolts on RECOMMENDATION.

A publication has Just appeared, understood
to be from the pen Of Hon. John Minor Bolts
OF Va. eRtItled "a Few Plain Political AK
IONS, that cannot be successfully disputed or
denied, and which seems TO solve the perplexed
problem OF the status of the States and the
people of the States, lately in rebellion against
the authority OF the United States" The
points he makes may be thus briefly stated
The right of secession is not only not author
riZed, but is expressly forbidden by the Consti-
tuition of the United States. 1t follows that all
ordinances of secession adopted by the States
lately in rebellion were null and void in law
and therefore 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 rebellieus States are or have
been out OF the Union would necessarily
amount to an admission that the Union had
been dissolved, and that we have been engaged
in foreign and not civil war. But whilst
10 body OF men could take State out OF the
Union, except by force OF arms, vet any At
tempt TO do so by those owing allegiance TO the
United States assuredly constituted the grave
crime of high treason.
The right of repatriation, however ha. never
been denied TO the people of this country, and
whilst they could not take State out of the
Union il cannot be denied that the citizens of
the rebellious States could take themselves out
~ pleasure, either individually or collectively
Nor can 1t be disputed that the late so-called
Confederate States did for four years consti-
tute 4 government ssde facto," and il follows
that all who assisted in creating it, by voting
in convention for an ordinance Of secession or
signing the same, or who voluntarily took the
oath of allegiance TO or held Office, civil or mil
itary, under the said side facte" government
which offices could only be held by stgens of
a government then hostile to and At war with
the United States. thereby alienated themselves
from the Government of the United States, and
by thus renouncing its allegiance, dsdained all
pretensions TO its protection, and are therefore
gIjens to this Government, and can only be re-
stored to citizenship through the established
laws OF naturalization.
the political status of those Southern persons
who have taken the oath of allegiance to the
SIDE facto" government Of MAMMALIAN, and
those who have taken a similar or otherwise
made themselves citizens Of the ssde facto"
government OF the so-called President Davis.
These being the natural, lawful, and I'M
avoidable consequences OF secession, aliena-
ton and treason, it follows that the functions
OF government in those States lately in rebel
Ion, have been suspended by the unconstitu-
uonal action Of those temporarily in authority
in those States; and that these State govern
ments can only be restored through the action
OF the tdW-mdktng pOper Of the United States.
and upon the suppression of the rebellion, and
the restoration of peace, the right to govern and
control these States, naturally, CONSTITUTIONAL
ly, and inherently deyolves on the loyal citi-
zens thereof. who have fallen heirs 70 the es-
tate, and who cannot lawfully be subjected 10
the power and control OF alien enemies to them
and TO the country, and that these loyal citi-
zens have also a natural, constitutional and
inherent right, under the sanction of said law
making power, to resume their original posi-
ton In the government and councils of the
nation; and therefore all representatives to
Congress, who present themselves with the
proper evidence of election, and who are pre-
pared, honestly and in good faith. TO comply
with the Constitution and laws of the United
States, should be admitted, without unneces-
sary delay, to a participation in the legislation
of the nation.
The President is clothed with the bower TO
grant reprieves and pardons TO those who have
committed offences against the United States;
out as none are legoAy offenders, and as no
man in this country can be legally punished
Tor any offence, no matter how atrocious or
aggravated the crime, until he has been tried
and convicted of the offence with which he
stands charged, so no reprIeve or pardon can
be constitutionally granted before the party or
parties have been tried and convicted, accord
ing 10 law; and therefore all pardons hereto
fore granted to those lately in rebellion have
been premature, and are null and void.
1t is patent TO observing men, that all At
tempts at reconstruction in many Of the State,
through the misplaced confidence and unap-
precIated kindness and magnanimty of the
President, through the action OF those who have
occupied the relations of alien enemies to the
United States, have failed i'm their anticipated eff
frcts, and should be commenced side noyo.r and
therefore, in all such States as have not, in the
opinion OF the law making power, been finally
reconstructed, it will be right and proper that
Military or Provisional Governor, Of loyal
antecedents should be appointed, Except for
the State Of Virginia. with instructions to call
a Convention to be composed ofloyal men only,
TO be elected by those who are authorized to
vote by their existing State Constitutions
The State Of Virginia, although a large ma
Jority ofher people were in rebellion, has been
continuously and without interruption
through the actions OF portion Of her loyai
citizens, recognized as 4 State government by
every department Of the Government of the
United States; she therefore stands in a differ
ent relation to the Government from those
States that have dsclaimed all rights 10 such
representation, and that have had Provisional
Governors since the war, appointed by the
President.
convincing argument is then introduced to
show that there has been no constitutionally
organized legislative body in Virginia since
their present constitution was adopted in the
year 1854, and that by necessary conseq uence
all acts and parts of acts, resolutions elections,
appointments, and other proceedings adopted
by either Of the bodies styling themselves ssThe
Legislature OF Virginia" since the adoption of
the Alexandria Constitution, have been in vio-
lation of the plainest provisions and require
ments OF that constitution, and are absolutely
null and void, and Of no effect; and in thus
condition of things, it is imperatively neces-
sary that the restoration OF that State to its
national rights should be commenced de moro
by the call Of a Legislature by the Governor OF
the State. to be composed of loyal npen ONLY,
under such restrictions upon the eligibility 10
office as the constitution provides.