The Daily clarion., 1867-04-10
Are Individuals Personally Iae-
sPonsible for ObeyIng the Come
mnnds Of their Simte9

| P''N "SNAs'tS oiiOJ huNo uhIuVbIiVh'DiJ
done violence to the truth of political
history, and have exhibited woeful
misconception OF the true theory of
the government according to the in
tention of Its trainers, and of the ma
ture of the contest which resulted in
the destruction Of the government of
the Confederate States.
If the failure of all the attempts
which have been made to restore the
late Confederate States to the Union
prove anything, it is the folly Of at
tempting to deny what history has re-
corded as an imperishable truth-that
these States did practically secede from
the Union, and that they thereby for
feited the privileges of membership in
the association of States, to which
they formerly belonged. They did so
in the exercise of a right which result
ed from the reserved sovereignty of
the States as the creators the Union,
and for the sufficient reason that ma
jority of the States composing 1t had
ceased to respect the constitutional
compact, and by a strictly sectional
vote had placed the administration of
the government avowedly and notori'
ously in unfriendly hands. In tho OK
ercise of this right, they formed con
federation, separate and distinct from
the government of the United States,
which maintained its existence for four
years, and extended over its citizens all
the powers which appertain to govern
ment. Thus existing, it was recognized
as a belligerent by the, United States
and by the most respectable nationali-
ties of the earth. To effect its over
throw the resources of the most for
midable nation on the globe, in men
and military materials, were taxed to
their utmost capacity.
We have experienced in the, past
two years--and we will experience in
the future--that no valuable end can be
subserved, BY attempting to ignore
the conclusions which are logically
drawn from undeniable facts like
these.
The petitioners declare that the
Constitution does not give to the gov
ernment of the United States power to
punish a State. Unquestionably not,
while it is member of the Union. The
power to coerce State was repeated
ly asked by members of the Conven-
ton that framed the Constitution, and
as often refused, and hence the alb
sence of a constitutional right by that
government to force seeding State
back into the Union.
When the attempt was made after
the withdrawal of the Southern States
and their erection of a new govern
ment, it was by virtue of the same war
making power which would have au-
thorized a declaration of hostilities
against any other separate nationality.
The failure of the Southern States to
"--- '--s "o-. $1,000 .P~-- tL--, -
their inv oluntary subjection to the
control of the United States, do not
restore them to their former rights in
the Union, but subjects them to such
government as the conquering power
may choose to impose. @
We do not believe that Mississippi
will endorse the averment of the peti-
tioners, that she should not be made
to suffer in her political capacity the
of the war, but that her
citizens. or portion Of them as indi-
'iduals, are liable to the penalties
which the conquerors may choose to j
nflict. Take the case of Mr.. II
Davis. He was in the service of In
in the United States SEN g
tie. BY an almost unanimous vote,
her sovereign capacity, she recalled !
i'm from that position, and assigned i
i'm to a field of duty in another gov {
of her own voluntary cree
on. His primary allegiance being :
ue to her, he obeyed her command.
o have refused, would have been to =
ommit the crime of treason against e
er. 1t was not within his discretion, as a
subject ofthe State, to question either =
le legality, the policy, or the expes :,
iency of her command. And now, 1
re- we to be told that AMississippi,l 4 a.
aving failed in her scheme to per Of
etuate the new government which Il
le had aided to establish, is prepared Z
throw the consequences of her owrJ !,
act upon Mr., Davis or any Ii
her given number 'ef her citizens ri
HON she may have summoned to her F.
rvice2 The doctrine is as untenable p
political theory, as it is pusillani- =, -
Gus and repugnant to the rules of to
stice and honorable dealing. til
1t will not be out of place to cite the We
gh authority of Mr.. Webster on this eli
int. After Mcleod, British sub W. w
1t, seized the steamer Carolina, kill nv y,
one of the men on board, and des- III
Dyed the vessel, he was arrested in wi
e State of New York and brought to se'
al for the crime. The Government Ne
Great Britain promptly assumed in
government, responsibility for the PEE
Of Mcleod, and communicated the to
It to the government Of the United tiO
ates with a demand for his surren- ~
:. MIR. Fox, in his letter to Mr.. ma,
ebster, said: sist
q srould Be contrary to Me universal reje
tcfice Of eivilized s,0fiozs Ia A. sy,.y;,,sJ the