The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-02-17


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 rebeilious states are
or have been out of the Union would neces-
sarly amount 10 an admission that the Union
had been dissolved, and that we have been
engaged in a foreign and not a civil war. But
whilst no body of men could take State out
of the Union except by force of arms, yet an y
attempt TO do so by those owing allegiance to
| the United States assuredly constituted the
grave crime Of high treason
| The right Of eXpatriation, however, has
never been denied 10 the people of this coun-
try and whilst they could not take State out
of the Union, ii cannot be denied that the citi-
gems of the rebellious States could take them
selves ont at pleasure, either individually or
collectively. Nor can it be disputed that the
late o-called Confederate States did for four
years constitute government "de Jdcto, and
1t follows that all who assisted in creating ii,
by voting in convention for an ordinance of
secession, or signing the same, or who volun-
tarily took the oath of allegiance to, or held
Office, civil or military, under the said " de
Idct0'' government, which Offices could only
be held by citizens of n government then hos.
tile TO and at war with the United States,
thereby alienated themselves from the Govern
ment of the United States; and by thus
renouncing it's allegiance, disdained all pre-
tensions TO its protection, and are therefore
aliens 10 this Government, and can only be
restored TO citizenship through the established
laws OF naturalization
There can be no difference in law or in fact
in the political status of those southern per-
sons who have taken the oath of allegiance to
the ode Gtct0" government of MaXimilian
and those who have taken similar oath, or
otherwise made themselves citizens OF the
"de .flcto" government Of the so.called Presi-
dent Davis.
These being the natural, lawful, and una
voidable consequences of secession, alienation
and treason, ii follows that the functions OF
government III those States lately In rebellion
have been suspended by the unconstitutional
action of those temporarily in authority In
those States; and that these State govern
ments can only be restored through the action
of the idtC-nakiRg p0,cer OF the united States,
and upon the suppression OF the rebellion, ana
the restoration sof peace, the right TO govern
and control these States, naturally, constitu-
tionally, and Inherently devolyes on the loyal
citizens thereof who have fallen heirs 10 the
estate, and who cannot lawfully be subjected
TO the power and control OF alien enemies TO
them and to the country, and that these loyal
citizens have also natural, constitutionaland
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 homes tly and in good faith, to comply
with the Constitution and laws of the United
States should be admitted, without uuneces-
sary delay, to participation In the legislation
Of the nation.
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 legatty offenders, and
as no man in this country can be legally
punished for any offence, no matter how
atrociouS or aggravated the crime, untll ne mas
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 con-
victed, according to law; and therefore all
pardons heretofore granted TO those lately in
rebellion have been premature, and are null
and void.
1t is patent to all observing men that all
attempts ut construction in many of the
States, through the misplaced confidence and
unappreciated kindness and magnanimity of
the President, through the action of those
who have occupied the relations of alien
enemies 10 the United States, have failed in
their anticipated effects, and should be com
menced " de nor0," 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 a Military or
Provisional Governor, of loyal antecedents,
should be appointed, Except for the State OF
Virginia) with instructions 10 call con-
yentlon, to be composed of loyal men only, TO
be elected by those who are authorized TO vote
by their existing State Constitutions.
The State of Virginia, although large
majority Of her people We're in rebellion, has
been continuously and without interruption,
through the actions of Il portion of her loyal
citizens, recognized as State government by
every department of the Government Of the
United States she therefore stands in difte-
rent 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 consIitutionalfy-
organized legislative body in Virginia since
their present Constitution was adopted in the
year 1864 and that by necessary consequence
all acts and parts of acts, resolutions elections,
appointments, and other proceedings adopted
by either of the bodies styling themselves The
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 this
condition of things it is imperatively neces-
sarv that the restoration of that State to its
national rights should be commenced de nocO
by the call of Legislature by the Governor
of the State, TO be composed of loyal men only,
under such restrictions upon the eligibility to
office as the Constitution provides.