The national Republican., 1866-11-05

time. unless in the meantime they returned
in good faith TO their allegiance; and that II
before the expiration Of that period Repre-
sentatives, chosen OF elections in which
majority Of the legal voters Of the State have
voted, and Senators, duly elected by the
Legislature, presented their credentials and
claimed their seats in Congress that should
be satisfactory evidence Of the desire Of the
people Of that State to renew, in good faith,
their allegiance to the Constitution and laws
Of the United States.
Through the Secretary of State the Presi-
dent assured the French Emperor, who had
expressed willingness to mediate, that the
Congress Of the United States was the proper
forum to discuss any difficulties between the
people or States Of the Union, and that the
seats of Senators and Representatives from
the insurgent States were ready and could be
occupied by them whenever they presented
themselves.
Finally, President LINCOLN, after Gen.
LEES surrender, spoke Of them as States in
the last speech he ever made.
The action Of the judicial department has
been equally clear and decided, though not
so conspicuous, in regard to these States.
Causes which came to the Supreme Court
from those States by appeal or writ Of error,
before the war, still retain their places on the
docket Of that court and are heard the same
as causes from other States; and these States
are treated, in all respects, as States in the
new arrangement of circuits which has been
rendered necessary by the recent change in
the number of them.
In the Prize cases." BLAcK's Rep. 5S7,
and in Mrs. ALExANDER's cotton case, 2
WALLAcE's. Rep. 404, that Court decides
nothing in conflict with this view; on the con-
trary, careful examination Of the case will
show they are in harmony with its previous
decisions on similar questions and with ele-
mentary writer's of established authority.
United States vs. Haywood, 2 GAILIsoS Rep.
SOL United States vs.. Rice, 4 WHEAroS's
Rep 246; Santissima Trinidad, 7 WHEATON,
33S.
When civil war once exists each party to
the war is to be treated, for the time being,
as independent political power, having all
the rights which belong to belligerents in
public international war. VArrEL's Law of
Nations, PIP. 425, 426, sec. 293, 294, 295. All
the laws Of the established and organized
Government are suspended for the time
being, and all the inhabitants owe temporary
allegiance to the power thus established over
them and are bound by its laws and regula-
tions VArrEL's Law of Nations, 425.
When the Island of Castine was held by
the British Government during the existence
of the war of 1872, the Supreme Court of the
United States held "that its inhabitants
owed temporary allegiance to that Govern
ment." But in cases Of rebellion, the mo-
ment it is put down, as we have already seen,
the laws Of the established Government are
Immediately restored. To compel obedience
to its laws was all the United States could
fight for. 1t possessed already all the right
and title to the domain which it was capable
of holding under the Constitution. 1t was
| impossible to acquire any other right by con-
quest, because there was no other power
which held any.
There was small portion of the Repub.
lican party whose opposition to these views
took the form of violent attack on Mr. LIN.
COLIN, and two of them, Mr.. DAVIS and Mr.
WADE, put their names to document Of
that character 1t was further manifested in
the nomination of q third ticket for the Pres
idency in 1864 and in the effort to defeat the
nomination of Mr.. JOHNSON as Vice Presi
dent, on the ground that Tennessee was out
of the Union and not State. This dogma
was voted down by the members in conven
ton and by the people at the ballot-box.