The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-01-15

I been participants in. the Rebellion, they we're
| void, AID no new local Governments on loyal
basis were necessary. All this was based On
! the plausible tbeOrVth a Slate oanuOt with
! draw from the Union, and cannot be expelled
/ or denied itb CONSTITUTIONAL right as member
| of the Union. To admit this theOrywe must, of
| course, ACCEPT the Rebellion and its bloody
battles Is nothing more than series of election
! riots, during which the authority of the general
| Government over the Rebel States was not
| legally interrupted or impaired
! Against this theory however, the facts are
Overwhelming. The States leagued together In
1 the Rebellion were organized under hostile
! Confederate goverpment-frst at Montgomery,
Alabama, and next at Richomond, Vtrgnia-to
the end OF the war, Under this government
the league, In its efforts by force of arms to
"tbe cornerstone OF African slavery ~ was 5re-
cognized IN the outset by the Western no yers
OF Europe as belliRerent entitled to beIIige-
rent rights, and was treated from the beginning
OF hostlllties, in exchanges OF prisoners etc az
a belligerent by the United States IL is a fact.
them that the late war was war between two
hostile Governments fer the possession OF GER
tam states, people, and territory, seized by a
TeDelhous usurpatioD. We know, too, that had
this Rebel usurpation proved the stronger . .rty
In the war, compelling the United States to
RECOGNITION OF its Independence, the Rebel
States would thereafter have had nothing more
10 DO with the Government at Washington than
the British Moth American provinces But by
the superior armed forces of the United States
that IS, OF the States still adherng TO the Union
this hostile Southern Confederacy was Dut
down; and so the States concerned people and
territory, under the decisive laws of war and
the general law OF nations, reverted, in fact, to
the United states in the condition of foreign
hostile people subugated and Of territories
wresled from foreign power
This, then, at the close of the year, was the
status of the Rebel States and their people: and
as war IS the last resort of kings and peoples,
from which there is no appeal, those States can
not now appeal from the issues of their war as
a foreign and hostile coalition, 10 the Supreme
Court for their forfeited rights under the Com
stltution. They stand subject TO the terms of
restoration which the United States of the war
may think fit 10 impose. The States consti-
tutng our general Government de f0cto and de
jUye during the war are still in law the United
States; and the States still excluded on account
OF the Rebellion have no right TO a voice in the
matter OF Unconstitutional amendment, although
it may be imposed upon them as o condition of
restoration, or as the supreme law everywhere
under the Federal jurisdiction, when ratiied Dy
three-fourths oil the adhering States. We are
dealing with facts and their logical results not
with theories ignoring the final decisions of the
war. Next in order it follows that, ae the terms
of Southern restoration belong to the law
making power of the Government, all that the
Executive has done in the way OF Southern re-
construction, If dlsapproved by Congress- falls
to the ground, and the States concerned stand
as they stood with Kirby Smiths surrender
subject TO the terms which Congress may deem
proper and eXpedient, even to the extent of the
obhteration OF their state boundaries.
Such, from the decisions OF the war, are the
powers of Congress over this question. But
The fact must not be forgotten in this connec.
ton, that in absorbing foreign State G absorb
its OBLIGATIONS. The Rebel States, as members
OF the Union, each in its state ca oacity before
the war, had incurred a heavy bill of State
debts, ranging from ten to forty or fifty mil
lions, more or less, for each State. Those
debts by each of tue States concerned are now
held as binding upon them: and if we act
consistently with thp OF tho
that the Rebel States with their subiuqatlon
ceased to exist as States, we must at least
assume the debts which they owed down to the
hour of their secession from the United states
The rights, powers, and obligations of con-
queror go together. The question then recurs
Will it be best. with the full po wers OF Con-
gress over the subject Of Southern reconstruc.
ton, to assume the legal debts of the States
concerned, to the extent Of two or three hun
dred millions OF money; or, partially adopting
the theory of President Johnson will it be best
to insist only upon the right OF Congress to
prescribe the terms OF reconstruction and resto-
ration
This is nice question, and it should at least
be settled in view of the rights OF honest credl-
tors. 1t may be settled by the assumption of
the State debts with the assumption of the
poWer to obliterate the States concerned and to
reorganize them as Territories; but it may be
settled by recognizing the States Interested as
estates whose functions have been impaired
and suspended, but not destroyed by their Re-
belllon," as viewed by President johnson. Thus
acting upon the sound conclusion that the
States represented in the general Government
are legally the United States, Congress has only
10 declare the pending Constitutional amend
ment part and parcel of the supreme la Of the
land, with its ratification by three-tourths of
the adheung States, in order to make it blnding
upon the outside States, with or without their
consent, Just as the amendment abolisbng
slavery applies 10 Kentucky, though three or
four times rejected by Kentucky. But what OF
the Supreme Court? Even IN view of impedi-
m RI hnr InnI-
Gated, we think, is best; because it can be made
to hold till the next Presidential election which
will establish this settlement beyond perad-
venture co..