The New York herald., 1867-04-06

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non 6y erasing from IL all tsess provnons which had
oeen illegally inerpoatsd upen suis the Confederate
Sovefnmen. s, They did not form new constitution;
.ney oid not acs a. State without constitution
suV ald not recognize the attempt et secession as
changing n any way their former State government
vas 70 declare the ordinance Of secession nuity and
tne constitution WAS 80 amended a. 20 suB the
changed condition Of things, end the government
was put In operation under i in October iSos Fvery
department and once was hlled by appropriate func
onsss and senssor: and representatives 70 Congress
were oiected NO matter how or by whose order that
convention Was convened, since when assembled il rem
resented The sovereign power Of the people and the
right OF state 70 change or modify CONSTITUTE on has
never been questioned The proclamation OF The Presi
dent impaired no power to the people which they did
inhsrens right Of sovereignty EXCEPT
90 ar as has been restrained BY The constitution OF the
With government thus organised. perfectly repub
lcan IN form, II must be manifest thai all those mis-
chefs enumerated In the bill and more by
IN its stead military rule the State effect these
bills declare that tho stats has bsco without govern
ment for years past and they cosf full authority on
the military officer to protect all persons in their rights
OF person and property, 10 suppress nsur and
mass 70 p1..sn % s and to. 70 establish
policy and the entire domestic Of the State are
placed under his CONTROL this too without any Law to
TO carry out his will The egsla1ton OF the State and
ts judicial to DO annsed and the rights OF
stale Of things does lead Of evils that defy
enumeration then the history Of unbrdled military
Wherever has prevailed H ss BEEN WI The pr Gs'sd
instrumens Of wrongs and outrags and the power by
which governments have been sabverted. Are men
better now than they have beenf They In passions
in faculties asd in temper the same At one time the
kingdom Of England was divided into military districts
Informs people became sck and tired Of govern.
ment by the sword and pned for government OF laws
And this is TO be the fate or the Southern people;
perhaps, at no distant day, the fate OF the
whole people OF the United States II this system be-
comes precedent In the government. Already Mary
and forewarned that she too may soon be a vict M
sword hangs over her by slender thread And be
What an Idle Ceremony 4 Was 20 decas 10 tbs be
powers not delegated TO the United States by the
tuition, nor prohibited by it 10 the States,
II Congress may convert the regular government OF a
State into mere provisional government why may it
And does II not do in this case BY regulating the
right Of suffrage and by claiming the right TO determine
70 accomplish what the inaugurated to prevent
has been brought about by very paln and simple pro-
An additional Of probable mischief should not
De overlooked suppose the officers appointed should
proceed carry out these full extent OF their
powers BY removing all the officers OF the state by ad
Indicating on the rights Of property according their
own crude ideas Of right BY trying and furnishing ndi.
ments and BY doing whatever military officers
may think proper 70 DO, and then these acts
later thon all that may have been done under
them must fall IL will follow that . stale or anarchy
must have otervenod from the time the government
displaced. And what may have been done can derive
no validity from the real supposed OF people,
these measurss put upon then BY force or under
fusion, that must rreva This consideraiian should
present pcrs lasva r.,'on for speedy settlement
order Of society may moi IL, oroksn up and this hum.
atng spectacle prese'ci - the world, % the reproach
Nay we Be- permitted TO add another ideaY These acts
are harsh. Oppressive n the extreme They acts Of
pains and penalties for past offences; they bills Of
hsss I: ss.ous fosud.son in public oDiS!ca Dh, IL
tho attachment Of the people for Il, In ths pro-
:ss s....: :s s:, A' e I -s s Ss sss q 5 Z
cppeeaa g ponah hsplsss pscgss Who have already
dr.ss e ei s.g q es,ss.. . Y, ysy s e tsss
fos ths euvSrnsul q ths.r fssASssf e il sxpsctsd
that an o9.eS gs.gs viii love sas scvsrnmsnt thas
seatsd Dos rslaad lsvs Rngiand o Win she sver 90
%. amer having bssa % long ensIavcd By military rule
Ss To- :s. S.~.sS Ss
South aad the Nossh 70 ouinats IN future rsvolutona
and pSy = h - s:s s E -
ahs idsA shas ths eouhn Dasss aS n0t Members OF tho
Union i:t % n the la.s Rlses t.Sys whether they
svss since ana are % now tSsy have cont Continued ] 70
b and now shen surely these acts have no con-
Ss union Sa' Of The States under tho Articles Of
Confederation Of IT'S, a. weli ss under the con-
s.a'Ss a:o,.S 6s1:r. and could Ss
people o. state n Congress cannot dissolve the
OF s,atss and thus accomplish result forbidden By he
legal effect Was concerned, were mere nuIitiss
These ordinances were nuliities when enacted, and
y , ; aSs ]
these ordinances had no more legal constitu-
tiona power r. than popular mosslnga They were no.
fran ed under these ordinances, nullities also
bee the federal constitution expressly declares in
f~-w Sb~st ht~
supreme law OF the land, anything in the constitution or
laws Of any State 70 the contrary notwithstanding
ssuusns sts contributions based upOn them ssre ssC
nultes, because the constitutions OF all the States
required we have seen, 70 be always subordinate
Legislatures and governors, and all other officers civil
and military, acting under these nsueotonary proceed
capitals or elsewhere had constitutional author
n.y. only for the above reasons but also because
The constitution Of the United states In fact, the
whole proceedings, commencing with the secession ord
nances, down TO the last act Of the drama were part
and parcel OF great insurrectiou, wholly illegal, and
totally forbidden BY the constitution But surely
unsuccesul insurrecton in any stare although might
moi Orcs any state from Nne Union confer any sue
power on Congress, or Affect in any way the federal
Although Congress can suppress instruction, whether
y cannot declare war aeainst STATE Or treat !. Is
porsie capsoisy. Such . power. - shown by the
Madison Papers, recording the proceedings OF the
vsntion which framed the federal constitution, was
then asked from that convention, and expressly
fused. The principal reasons for this refusal were
First Because unlike the confederation OF I778) the
constitution acted only on individuals and not upon
States.
any STATE and punish the individuals concerned, was
suihcieut
Congress declare against State punish State
inics any pains penalties, oretures upon IL be-
such authority would carry with Il the power 70
sxpsl State indefinitely ffom the Union,
conquered foreign provincs The Union Of oil the States
under the constitution was intended 70 be ndissoIube
either by State federal authority We know that the
refusal Of the Convention which framed the conssitu-
ton grant 70 Congress the power 10 make upon
State or 70 cosrce state In m corporate capacity has
been most erroneousy cited ~ justfyIng the resistance
in tho South 70 tho armies OF the Union; but those
arm,sA - expressly declared by Congress- did
mot march 70 destroy States, but, under the
power granted BY the constitution Ito the laws
Of the Union and suppress insurrectons could tho
performance OF these duties by the federal government
be arrested by any State law ordinance
Indeed, not only did Congress never declare war.