The Norfolk post. [volume] (Norfolk, Va.) 1865-1866, 1866-02-19

proposlLion TOO absurd to be argued.
4th. From which it results that ne
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 States are. or
have been out of the Union, would ne
cessariIy amount to an admission that
the Union had been dissolved, and that
We had been engaged in foreign, and
not civil war, all of which would ma
terially impair the virtue and efficacy o
that instrument which is recognized ant
claimed as the supreme law of the land
9th. But whilst no body of men, how
ever constituted, could take State Oul
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, IL any such crime still exists
under our institutions.
9Th. The right OF repatriation or de.
naturalization, however, has never
been denied to the people of this coun-
try, and whilst they could not take n
State out Of the Union, 1t cannot be de-
MED that the citizens Of the rebellious
| States could take themselves out at
pleasure, either individually or collec-
| lively.
| It'll. Nor can it be disputed that the
late so-called Confederate States did for
four years constitute government dc
fdctO and 1t follows that all those who
assisted in creating that de facto gov
| eminent, 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 military under the said ode facto"
government, which offices could only
be held by citizens of a government then
hostile to, aud ut war with the United
States, thereby alienated themselves
| from the Government OF the United
States, and by thus renouncing their al
legiance, disclaimed all pretensi0n to its
protection, and are therefore aliens to
this government, and can only be re-
| through the established laws of natural
ization by a special act of legislation.
Sth. 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 ode facto" gov
eminent of the so-called Emperor Maxi
milan, aud those who have taken 3
similar oath, or otherwise made them
selves citizens of the "de facto" govern.
ment Of the so called President Davis.
9th. There 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 ac-
ton Of those temporily in authority in
| States; and that these State govern
ments can only be restored through the
action of the lar making Doa0er OF the
| United States and upon the suppress
4 Il fts<ap apf eaft III
of peace, the right to govern and con-
troll these States, naturally constitution
ally. and inherently devolves on the
loyal citizens thereof, who have fallen
heirs to the estate and who cannot law
fully be subjected to the power and con.
troll of alien enemies to them and to the
country; and that these loyal citizens
have also a natural, constitutional and
inherent right, under the sanction of
said law-mak ing power, to resume their
original position i'm the government and
councils Of the nation; and therefore all
representatives to Congress, who pres
emit themselves with the proper evidence
OF election, and who are prepared, hon.
estiy and in good faith, to comply with
the Constitution and laws Of the United
States, should be admitted, without UNI
nessary delay, to participation in the
Ie6lSlatlOit Vi tic uNliOI, anu W WitluOiu
this right is to place the loyal on the
same footing with the distoydl, and the
friends on the same platform with the
enemies of TIE country.
10th. The President Is clothed with
the power to gra ut reprieves and par
dons to those who have committed Of
fences against the United States; but as
none are legally Offenders, and as no
man in this country can be legally pun
ished for any .Offense, no matter how
atrocious or aggravated the crime, un-
iii he has been tried and convicted of the
o,vense with which he stands charged
40 TO reprieve or pardon, (the exercise OF
which powers commence simultaneous
ly. ca n be constitutionally granted be.
fore the party or parties have been tried
aud convicted, according to law; and
therefore all ,Dardons heretofore granted
to those lately in rebellion nave been
premature, and are nun anu void.
18th. 1t is patent to observing men,
that all attempts at reconstruction in
MANY of the States, through the mis-
placed confidence, and unappreciated
Kindness and magpan unity of the Presi-
dent, through the action of those who
have occupied the relations OF alien ene-
mics to the United States, have not only
failed in their anticipated effects, but
are in many respect unsafe as a prece-
dent, pernicious in their results. danger
GUS to our institutions and sa8euh be
commenced "de nouo."
18th. Therefore, In all such States as
have not, in the opinion Of the law-ma.
king power, been finally reconstructed
it will be right and proper that Mill
| tary or Provisional Governor, Of Iowa
1 antecedents, should he appointed, lex.
1 cept for the State Of Virginia. with In
structions to call a Convention to be
composed of loyal men only to be elect
ed by those who are authorized to vote
by their existing State Constitutions.
18th. The State of Virginia. although
a large majority of her people were in
rebellion, has been continuously and
without interruption, through the action
of portion OF her loyal citizens, recog.
nized as state government by every
| department of the Government of the
United States; with q governor regu-
larly elected under the Constitution OF
| 1851, with her representatives admitted
I to seats In each branch of Congress
during the rebellion, she therefore
stands In a different relation 10 the
Government from those states that have
disclaimed all right to such representa-
ton, aud that have had provisional
governors since the war, appointed by
the President. 'l
l4th: But inasmuch as the Constitu-