The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-06-20

found convenient OF become necessary 70 the suppress
sion OF the rebellion but the character Of me eonncs
IN no WY changed BY resort 70 them. That remains
a. Was a nrs and must from It's very nature during
us contnuance remain mere contest IN when s"s nv
crnmcns socks and only seek % put an enc Y, sno
Isoeihon That achieved the original cond''on o. 'nnss
Two judicial decisions have been made by judges Of
eminent ability and unqnestioned loyalty, which tuIy
sustain view In one that OF the Amy war6ack, be-
fore the United States Cont for Massachusetts,
JUDGE sprarue referring the supposed effect Of belli
rcrent rights which conceded belonged to the
vernment during the rebellion N giving II when sup
pressed. the RIGHTS Of conquest, declared
ss Il, the nsss q. rsh
Sas. the rights Of conaass and that State and Il inhsb
.dTsas &c saea =" foreign 70 ~ RS
conquered ~ arms This is an error grave grave
where there behssrsgis Conquest foreign
ny Of $ sas 1S no
% fS% se. or Within take. and
s SsSs y ps9 The
and merely The posss;sion o. hs. % which IA:
Ihs assass
The tinted States take Of rebel district they
he ny :. asif but
s and $ By ss w Be-
the same after the IT was before. WWM
In the other application for the habeas corpus
Mr. Justice Nelson one OF the Judges OF the Supreme
Court OF the United States by James Egan 10 be dis
charged from an imprisonment 20 which he had been
for the offence OF murder alleged 70 have been commit
ted IN that State the discharge was ordered, and in
! things the Judge said s
For all that appears tho civil local OF the State Of
At the me Of this ,r restored BY the
tho OF s % snS s OF 9s ss
in Obedience 70 and in conformity with is con
~, as . had e g
ga nav ~ e United sass and whose viii undey
martial law constituted .as only rule q aeoal for nc
restoring civil The people In operation Of
Legislature elected under aud the state placed in the
rss.s nns 70 ss al nsf
laws Of The Union thereby enjoyed and obsyed and
state other portion q the country Indeed the
growing out Of L sasrsried he ancient laws resumed their
only 70 tie new gan BY
ration and effect This reorsnzaiioh and appointment Of
and direction OF tho President Ms chief Of
and e s aa hSa
the force q martial law had already taken place. and the ne
This opinion is the authoritative than 1t might.
otherwise possibly be esteemed from its being the first
elaborate statement Of the which governed the
majority OF the Supreme Court the last term in their
judgment of the OF Mlgan and Others for the de-
cision that military commissions for the trial OF civilians
not constitutional We submit that nothing be
more conclusive in favor Of the doctrine for which they
are cited than these judgments In the one the propo-
son OF conquest of a State under suppress
instruction is not only repudiated by Judge Spague
but because OF the nature OF our government it is con-
any portion Of State will he tells u.s. ''only be
the same after the war as it was before " In the other
1
rights OF the STATE and that when her govern
rcoraanzed she Is at the full enjoyment
entitled to the full enjoyment Of all her constitutional
Again contrary doctrine is inconsistent with the OBJ
lgaton which the government is under each citizen
of State Protection to each is part Of that obllgaton
protection not only against foreign but domestic
foe To hold that is In the power OF any part OF the
people Of State, whether they constitute majority
minority by engaging in instruction and adopting any
in It's prosecution to make citizens not
engaged in It. but are opposed 10 It. enemies Of the
United States having right TO the protection which
the constitution affords to citizens who to their
allegiance illegal as IL nagrantly unjust During
the conflict the exgency may Justify denial Of such
protection and subject the unonendng citizen to incon
ceases and the obligation 10 AFFORD him ali the inmun
ties and advantages Of the constitution lone Of
which IS the right to be ,eprss.n.ed n cSn Sr.
| rule would enable the government to escape
clear duty and 70 commit gross violation Of the cosst-
entertained different doctrine In the prize cases This
In the opinion Of The undersigned clear misappre
henson. One Of the questions In those cases was
extuguishment OF the instruction beligerent rights
10 the former The court properly held that they did
but the parties engaged in The rebellion designated
traitors when the rebellion should tsrnnats il the
Confcderats States, by force Of instruction became
Union, then the contest WAS international ons
committed by citizens OF the former
those oil the former Treason necessarily assumes ALE
glance TO the government, and allegiance neces-
sarily assumes continuing obligation TO the govern
ment Neither prcdicament true, except upon the
hypothesis that the old state of things continued in
other words that the States, notwithstanding the insur
recton were continuously and are now States OF the
United States and their citizens responsible to the
stution and the laws.
sccond-what is there then In the present political
condition OF such States that ustihes their exclusion
from representation in Congrcssf Is II because they
without organized governments without govern
ments republican in point OF formy In fact, we know
that fhey have governments completely organized with
Legislative executive and Judicial functions We know
that they successful operation; within
their limits questions their legality is denied their
protection. How they were formed under what anspi-
ces they formed inquiries with which Con.
gross has no concern The right Of the people OF State
10 form n government for themselves has never
Sa pss Would ss % any
could be adopted by them that they might determine
upon The constitution imposes but q single resnc,en
Of "a republican forman tins Is done In the obga-
ton TO guarantee every state such form gives NO
power TO form constitution for state. operates
alone upon already formed by the state. In the
words OF the Fd,ols no ~ ''it supposcs preeSs
II pretended that the existing governments OF the
States IN question not OF the required form The OBJ
lection that they not legally established but Is
confidently submitted that that IL matter with which
Congress has no concern The power TO establish or
modify a State government belongs exclusively 10 the
people Of the State When they SHALL exercise H. how
they shall exercise It, what provisions IL shall contain u
cided their decision IS obligatory upon everybody and
independent OF all Congressional CONTROL II such govern
Of guarantee into an authority TO Interfere any way
In the formation OF the government TO be guaranteed s
10 do violence 10 language II be said that the Pres
dent did illegally interfere In the organization OF such
governments the obvons First, II Was, If
the people Of such states not only have not but do not
complain OF a. but, the contrary, have pursued his
advice and satisfied with, and are living under the
governments they have adopted and those governments
fcrc or depy their legal exisences Second concesng
for arguments sake that the Presidents alleged inter
ference unauthorized docs NOT, and for the same
reason follow that any ike interference would DO equally
unauthorized different view is not 10 be maintained,
because OF the difference IN the nature OF the powers
| conferred upon Congress and the President the one
being legislative and the other executive For u Is
| equally and upon the same grounds beyond the scope
OF either TO form government for the people Of State
once in the un,on. TO eSpel such state from the
Union, Vt 70 deny temporarily OF permanently the
rights which belong 10 State apd her people under the
constitution. Congress may admit new States but a
State admitted ceases 20 be within its control and
can again be brought within H. What changes her
L et4.ar - tiraa Ia