The New York herald., 1867-05-04

all the sacred rights which lie at the foundation OF ~ b.
lie liberty, for which Sydney perished and Hamr den
bled patriot forefahers poured out their ood
profusely the of the revolution were proecr by
the constitution, the people to be told that Con-
gress could take away and that this court pow
erless to interfere because they were positive rghts9
rate arguments in the Fsdvalist, and U e great
discussions In the various % s'ase se. cor sentions
ssow psope were % subject to epidemic owsmenss
arising OF great commissions In which tho might do
acts that n their cooler moments they wono deeply re-
guard against such an emergency as present.
when the popular mind is lashed into tempest and
the OF the great ocean Of civil q trfe still
throwing their tumuliuous surges upon o. r shores II
the people decide such question whore are
70 look for the will Of the people' oneress Ia but
wns unanimous voice OF the people II an the States
and that the will which should ern One OF
objects OF the constitution 70 PR .tec mnorties OF
States and minorities OF the peoT le the majority
conld protect themselves-the p ,wcr of legsa-
tion was in their hands B. Il II had been
said that these States had faded out OF exsteuce The
act OF Congress- although calr them rebel States.
treats them though they wer a not Stxtes OF the
Union II requires them to ins ert certain clauses
their constitutions granting and guaranteeing
right Of suffrage 10 portion or their inhabitants aud
commands them TO give their to amend
ments Of the Constitution Of the United states Can
Congress frame constitution for a State? Con-
gross insert any provision y n State constitution
Has Congress reht 70 9icu tie to the people OF state
who shall be entitled to tho light Of suffrage under their
constNutionY Athougn some respects the act leTis-
iane for these states as If they not States vet
admits them to be States forbds admission
Of their representatives until tho last constitutional
amendment Is ratified by a constitutional majority.
II they were not States twenty six States
whom the act passe l. and more than three-fourths
OF these twentvsix sta es ratified the constitutional
amendment and vet congress admitted that the amend
ment had not been re- ied by constitutional number
Of States requisite TO that required these
States to ratifv before their rcadmisson into the
Union and excfucs them until IL should have received
ratification Off sufficient number Of States give
efficiency But ~ said that there had been great
rebellion in thess States by whch the regular operation
Of the laws and regular State authorities bad becu
suspended To but what theny II the ordinances ot Sc
cession and TN framed during the rebellion
nnltes they still remained States OF the Union
Then what ias the consequence whom the insurgent
power was smovedS If British army had seized and
held Loui ana years. suspended all the operations Of
tho courts pubic funcnonares that there was no
10 ~ inaueurate state government there, would
on tina r. movaI Of the hostile together and
again tho State in operationf What was the dner
snce csween the same results r ov noesa S
prevted for whie had no lawful reconstructional
powcr the secession ordinances were mere nnltes he
wse no functonar,es at all, because they
had not taken the REQUISITE oath to sup
gae-d in a reasonable rebellion. When the opposing
obstacle removed, and the insurrection was sup
State that could reorganize the goverumentP case
decided Galison. to the Isle OF Casne putting
during tho war OF 1872 tasne was held years BY the
British and not a vestge OF State or Federal authority
condition Did il require :he insertion OF a single word
In the treaty to restore the federal and State power
theres Not a an but n came ds,nc,,v oacc Oy ecos e
nized part Of the municipal law and
tho international law and the moment the opposing
force was removed Castne again part Of the State
of Mane and tho laws OF Maine and the laws Of the
Union resumed their fun operation there So with these
States all these acts being obsolete nultics the page
ant called Confederate government being removed,
the secession conventions which were assemblages
rntors insurgents without the least particle Of
legal or constitutional authority with legal right
disband the old State governments withdraw the State
from the Union or suspend the operation OF the State
fodo lavro havj jnu
force removed, by the doctrine OF post Hmine and
the law Of common sense and common justice, d,d
the loyal peope Of the batalions from Mississippi who
shed their blood in defence OF the constitution and the
Union and the thousands from Virginia. Louisiana and
other states, Who marshalled under the Stars and
Stripes vested again with all the attributes of
the StateS We're such people disfranchsed with all the
rest deprived OF all legal constitutional rights;
duced territorial pupiage and military bondaae; de-
Il, the guarantees Of the constitution-were lncre
| no people left when the opposIng legal treason
from Congress- or tbs President could exercise the SOW.
ereigntv the StateY Governments are not sovereign
law makers not soveregnthc sovereignty vested
in the people. Sovereignty Is the power that makes
governments. Did not the people constituting the
sovereignty OF the State Of Louisiana where II
should come conflict with the federal constitution,
revert by the operation OF the doctrine OF poa
iimne, their original rights, which had barely been
suspended and not abrogatedS And we're they not
authorized without the intervention Of the
Presd mt or any other tribunal 20 come together and
each one Of these ten states had a State con-
stituon recognized rs republican and valid when tho
V"dsy wss recognized by al the Of this
government Was that State constitution abrogaed by
an unsuccessful rebellonf What destroyed its The
secession ordinance did not destroy II because that Was
nullity II seemed positively clear, then. that
the State constitution and laws which pree xsted
rebellion conformity 70 the federal cousti-
tuition were fun force and just binding after
under them or as they had right 70 do they could
together and rcorganze aconvention which would
either acknowledge the consuton, Mississippi did,
in every particular and the old State laws or modify
them, the people Of every State have q right |
modify their consultation and laws in subor-
II the constitution OF Mississippi abro.
gated and ceased 70 operate, at what moment Of |
was framedS Did OF conventcle Of insurgents
who had legal constitutional power abrogatc the
lawful constitution OF Mississippi Was II abrogated by
the nsurpent movements Did unsuccessful war-a
to destroy the State constitutions 70 de- |
stroy the federal constitutions reasonable war
10 subvcrt the Union and destroy the and
indeed obliterafe the principle Of selfgevernment
nroushous the world destroy the STATE cons,tution and
ordinance the unsuccessful rebellion de- |
s,roycd that constitution. i not stilI in force,
clear people, tho exercise or their sovereign
power, had ieht 70 together In 1899 modify
In that the old constitution remained force which was
recognized valid and republican. Congress had no
nues state constitutions which had been accepted
and acted upon for years Congress dictate
tain provisions TO be Incorporated into the State
tuition they frame entire constitution for State,
and demand its adoption penalty Of being taxed
forever without representation, and they may suspend
the rights OF State for year they may suspend them
The question Of constitutional power does mot
depend upon the number Of months or ysars within
which the act b 10 operate II Congress he'd power 70
that these States and thai there are no
lawful State governments there, they may keep them In
territorial puplase until centuries shall have rolled
away and eternity grown gray with agc But the learned
Attorney General he's said that the danger 10 merely
imaginary for these events may never occur-shea
An 49,
but the hair BY which Ia held may never break;
that although absolute power ID given the miit tary
commanders 70 deetry the State governmeuts and put
ont OF once the Governor and Judges and prevent The
election Of State Legislature and 70 sy mon uoe by
Juries under the constitution, bat under mi Iay law
yet that these things will BE- done The courte
sxsss -, By The great remedial Of Injunction the
power 70 prevent the execution Of such ac1a Il n
od k because The complainant fea that a unlawful
Acs vii Be CARED into effect In sha lanauaea