Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-05-10

OAs
had no power to declare war against State,
and that the contest for the suppression of
the rebellion was waged in pursuance of
the acts of Congress of 1895 and 1907. 1t
was not q war at all, in the true constitu-
tional sense of the term, though called a
war in the popular sense. A war, in the
constitutional sense of the term, only arose
when Congress declared war Congress
had no power to declare war against State,
and the exertion Of force against the re-
bells in arms was merely the suppression of
a rebellion under the statutes. The terms
d" conquest and conquered territory :"
could only apply in cases where there WIS
war in the true international and constitu-
tional sense. In this case none of the
rights of conquest followed ; the Southern
people were not a conquered people. Those
OF them who participated in the rebellion
were subdued insurgents. The States were
still States, for if Congress could not make
war upon State It could not conquer it !;
and if it could do neither, it could not ex-
pei State from the Union.
It was said in the MilHgan case that du-
ring war the laws of war prevail, and du-
ring peace the laws of peace prevail, and
that all the consequences of war disappear
where there is peace. Is there not peace
now ? Has Congress ventured to declare
that there is war-foreign or civil-ex-
isting? Has it attempted to preclude judi
cial inquiry into that great fact by assert
ing that the rebellion is still progressing :?
Not at all. 1t simply says that there is no
lawful government in the States, because,
according to its doctrine, their people are
a conquered people, and the rights of con-
quest, including confiscatiOn, follow as a
necessary consequence. Congress not hay
ing asserted that the rebellion still exists,
the facts of the case must be looked into
The President, under the authority given
him by the acts of 1895 and 1907, and by
by laws passed during the rebellion, has
declared that peace prevails throughout the
Union. That official document proclaimed
by the President, the COMMANDMENTS Chief
of the army and navy, must be regarded by
the court For two years there had not
been solitary act of war or threat Of war
the Union. The armies ar
rayed against the Union have disbanded-
The banner of the Union floats again in
triumph over every State. There is com
plete, absolute, unanimous submission
The people of each State have reOrganized
State governments in obedience to the
Constitution. They have elected repre-
sentatives to both Houses of Congress.
There is not even q pretence for declaring
the proclamations of the President to have
been utilities, or that there is now or has
been for two years any rebellion in any of
the States of the Union. There is peace
there is profound peace there is more alb
solute peace than there ever was before
since the Government was founded. We
have no Shay's rebellion. We have no
whiskey instruction. We have not the
still more formidable Olmstead war, which
ragged in Pennsylvania from 1903 to 1909
e ~
counties, but State rebellion as far as a
State can rebel, headed by the Governor
and the Legislature of the State, L believe,
by q unanimous vote, IN which the State
troops were marshalled to enforce a State
decree against a judicial decree of the
courts of the Union, and which threatened
direct collision. That was the very rebel
lion which led to the passage of the act
of 1907. That great and good man who was
then at the head of the nation, who was so
great philanthrOpist, who loved the whole
human race, and who, like all great men,
committed some errors, but like most great
men, las one of the greatest said of Lord
Mansfield,) was great enough to acknowl
edge them-he recalled by his acts during
that period every word that he said be-
fore in favor of the supposed right of
State to nullify or secede. Jefferson found
the calling out of the militia to
execute the laws of the Union and to sup
press instruction, the militia were against
him and he sent & message to Congress
the passage of the act of 1907,
which, for the first time, in addition to the
militia, authorized the use of the army and
navy of the United States and it was
through that instrumentality, and by a con-
trivance Of the marshal and sheriff, that
collision was prevented. Although that
great State then committed that folly, it has
been redeemed since by ten thousand viz
tuous and patriotic deeds. But the Legis-
ature of Pennsylvania then took substan-
tally the same ground in some respects that
South Carolina has since done, and de-
clared that this tribunal could not be trusted
with the decision of these great political
questions, and called upon her sister States,
by an amendment of the Constitution, to
create some other tribunal, composed of
representatives. from all the States, to whom
great judicial questions involving political
should be referred. Virginia,
lcting in obedience to the known views of
Jefferson and Madison, passed resolutions
n 1910 in opposition to the resolutions of
vania against any amendment of
he Constitution in that respect, and de- |
,laring that the Supreme Court was tie ar
oiter Of al Observation-Disclosures, whether
hey involved political consequences or
lot, and that no tribunal so safe as that
ould be organized in this Government
nd every State, except Pennsylvania went
With Virginia on that occasion.
The bill of complaint in this case was
lied by the State of Mississippi to vindi-
ate her right under the Constitution. In
edition to her rights under the Constitu-
ion she came into the Union under a COM
,act between the United States and Geor-
ia, which compact reafirmed and extended
o Mississippi all the privileges of the Or
finance of 1887, securing to her forever
he right of trial by jury, and all the other
;reat rights guaranteed in the Constitution,
nd making to her certain grants of public
ands of great value. This arrangement
vas declared to be fundamental law and
compact unalterable without the consent
# both parties.
The court has again and again recognized
he binding force of the ordinance Of 1887,
lot merely as a law, but as a fundamenta tai
compact between the Government of the
United States and the people of all the
states admitted into the Union under that
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