The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-12-26

a State sovereignty y-movement from the start
The States seeded as States, made war as
States, contederated together as States. The
people acted constantly wi hin the forms of
their State organizations. Why overlook
these patent historic facts, and attempt by
mere verbal quibbIes and fallacies to make
out that the States did not do anythings
The Supreme Court of the United States
has fully and explicitly settled this very ques-
ton. In the prize cases which came up on
appeal from the District Courts OF Southern
New York and Massachusetts,, an opinion
was delivered, March g. 1868, confined to the
general questions OF law which we're raised
by all the cases. In this decision the Court
says:-
81 hey ,he applicants, cont nd also that inaurrec.
ton is the act Of indiriduo's. and not of Govern
raent or soUereigafy; trat the indlyduas engaged
are subjects Of law; that confscaton Of their pro-
perty can ony be eff cted under municipal law;
that by the la of the and such conviction cannot
rake place without the conviction of the owner OF
ofiense; and finally, that the seoessio" ordi-
nances are dtities, and neffCotIal TO release any
citizen from his al egance to the national Goyern-
nent consequently, the Constitution and laws OF
the United States still operative over persons in
This is Mr.. Cowan's case, stated better
than he or his Burlington attorney has done
it. But the Court goes on to reply:-
This argument rests on the assumption oi two pro.
positions each OF 1chich is aOoW foundation in the
established law OF nations"
We have sho yn that civil war such as that no,o
aco 6et,CeeR the NeriherH and Southern States, is
properly conductc according TO the humane regu-
Iaffo nf law a "a
ocean,
Under the very pecul'r Constitution of this Gov
eminent although the citizens owe supreme allie
gience 10 the Federal Government. thoy owe also
O qualified allegiance to the Stale which they are
domciled; their persons aud property ore subject
to it's laws. Hence organizing this Rebellion they
haze acted as States, claiming to be sovereign over
al persons and property within their respective
limits, and asserting right absolve their citizens
from their al eg'ance to the Federal Government
Several of these States have consp red to form
confederacy, Gaining to be cknowledged by the
world as a sovereign ate Their right 10 do so Is
now being decided by wager OF battle. The ports
and territory of each o. these States are held in
hosti ty to the general Government II is no loose,
unOrgdHized iRsWTrecf ~, having definite bound
aIy or possession, 1t has a boundary marked by
lines of bayones, and which can be crossed only
by force. South OF this line is eneng's territory,
orgoni=ed, hostile, and beUigerent posoer.
This decision settles the matter, both in ac-
cordanee with the reason of the case and with
the practice Of the Government throughout the
war. No metaphysical absurdities or verbal
fallacies can reach he stable basis upon which
it rests. This decision also affirms the right of
the general Government to treat the inhabit-
oct ~, IaJ hNI
mics and as traitors.
The true theory in regard to this whole
| matter ia, that the moment the Southern
States, as organized political communities,
commenced war upon tie Union, that moment
they ceased to be Estates in the Union" and
became hostile, Rebel, belligerent States.
Their territory was still within the limits of
the country, claimed and contended tor by
the United States, and their citizens still owed
allegiance to the Federal Government; but
the States themselves, as corporate organiza-
tions, had no longer any standing in the Union.
When the armies OF the Rebellion were over
thrown, these States, although still de .fdcto
States, were properly dissolved by President
johnson, just as the "Confederacy," which
they had wckedly formed, was also dissolved.
/ And from the overthrow of these States by
President johnson, the whole subject OF re-
construction must now take its practical de-
parture. Mr. Cowan's theory is not only
vicious in itself, but it has no practical rela-
ton whatever to the question as now stands
for those old Rebel States are dead and buried
with the Confederacy. 1t is with their sue
! cesSOrs. historical, not legal or constitu-
ional, that we now have 10 deal.
Conservative Efforts TO Introduce Slavery