New-York tribune., 1867-10-10

way not sanctioned by IT, Ihey are Stc0T1 20 %
obey t If they were to attempt the folly OF & egSa h
ling for the inhabitants Of the Moon, they would De
bound TO conform that instrument OF fundamental anu
DoTamSunt law IL ,re may claim its benefits, they
cannot without moral guilt knowingly violate lls plofi
sons. 1t is law 10 them as stern ana eAac'nE DC ~
IL is argued by many that the effect Of the attempt to
secede was the extinction Of the several Governments OF
the seceding states-a sort OF P0nllcal seue' % u o
the defeat OF il by the Federal Government merely pre-
Sitbont viyifying them To my mind this is most alb.
gurd proposition The states OF TINS Jion Dl virtue VI
co orraTizstions They derived their existence from
no higher power than themselves: They are unlike cor,
crf1ons winch are created by the supreme power ana
NAV in various ways forfeit their franchises In Other
words they incapable of political sulcideTncalaDIe &
NJ foreitWc their rights Of sefgOvernmen The people
may Voluntarily change the form OF their organization
Thcy might dsband it altogether But does even sueh
radical change this deprive the people OF the sovereign
rn TO reorganze in their own ways Does confer au
thory upon any other power under the sun to take h
ont OF iU Their consenti challenge the production of
'I'lo rae,cctobIe authority ancient or modern, who
has ever written upon political or inteInational
w Jaw M ~ & of arcnmept that these states by secession
dd commit act Of forfeiture 10 whom dld they Tor
ftl whom did their right OF sc-gONernneht accrue
or Tever win il he pretended that ifwas the remain
ing States or the Federal Govornmenti What is tho
Government OF the United Staesl Is 1t not the creature
OF the states 7 Was not its organization subsequent
10 that OF the several original Sates Is it not Govern
nent Of limited powers detned IN the Sohotl,uu,pnhi ~
How then could it succeed TO rights ot the several Sc
cedng Staes7 Who heard of the creator f0elung
a. the creature the principal TO his agent Where
tho word letter in the Constitution that even remotely
squnts AT such doCtriuel Or suppose 1t were III the
Constitution wOuld it not be incumbent on congress- IN
recOnstwctng these states, to proceed acc0HhS 70 le
Constitution and on the great principles which undeIAe
the framework Of our political system Nouu lhey hot
be bound 10 preserve the privilege of the writ OF habeas
corpus the right Of trial by Iy and recognize the So
Creiuess of property e and ihcttyf Can they suDs-
tute for these military suprcmacyG Dare they ignore te
sovereignty OF the people OF these States ahu te luhu
mental idea ali governments derive thelrJus pow
era from the consent OF ne SOyeheu 10 91u lAu 2 ouS
authority in the Constitution for placing these Stats
under military governors aud adopting such macmheTy
for reorganization subOIdnates The intelligent and yr
tuOus to the ignorant aud deprdNedf As VIII PlIe INC
dominion over eight millions 01 Wlte people Ill ING minus
of four millions of negroes Z -,
But this theory of State suicide or forfeiture Is as false
I'm fact as il ina principle. These States never ana dsln
tegrue. nor dSband their organization Ihey maintained
govcmmentsthe same that existed at Inc uic oi SSce
sou-in full and vigorous operation Ihe close OF me
IIr Of fn fnitcd Stes reonired and sought ear
nesy to return their former position IN the Union but
were rejected with bitter abuse and dcnunca0n heaed
unon their people as bands OF Rebels and traitors.
Reside how could they commit suicide when Congress
resolved they should not and waCed warrior four years
according to resolution previously quoted to prevent
it" With purpose Of conquest or sulugaloi nor OF
overthrowing interfering with the nights ana estaD
lishcd institutions OF the Statesf-hut to maintain them
"wth all their dignity equality. and rights uumpaiIedF
Though States may not commit suicide or forfeiture OF
sovereignty to the Federal Government Ihey may DC
Subugated and oyerthrown by tyranny and despotiSm
and is in this way only that the States OF the American
Those however who do not maintain this theory, in
sis that these States have been engaged wicked Re
beliOn, the suppression Of which cost the Ffucf pv
thousands Of millions OF treasure ana hhdIcus
Of thousands OF lives The assertion Of the cost Is true
and whether properly styled rebellion not, the re-
membrane OF the war must bring pang OIL sadness 10
4
impOveIislmcnt. people the graves OF our gallant
dead and the woes Of widowhood and oTpharage winch
After struggle unnatural and SO grieNous between
this great family Of WasiugonS children IN which hoth
sides exhibited heroisn, courage, and endurance tat
t nrf tbr hearts Of both sections into forgiveness
OF the past the waters Of leho should wash out the
memory of suieTings and We should come together
I'm fine spirit of magnalnity and ustcc-tLc only fOun
dation Oh which permanent peace and prosperity can
GGshed must be punished by the triumphant yictors
IN can IuDiClhtS.
powers while RACES maintain the right OF one tldc 10
punish the other. But challenge the production OF
single respectable authority To justify the punishment o
the vanqushed in their character rs states aer thcy
have laId down their arms tHe TIME Ci sIIIehcr' le
victorious party may dictate the terms OI surrender bu
ii never thereafter superadd others, by way of pun
lShment or Tor any purpose ouch ~ alWPIi ,.,
and desp!cabe, and Is so considered by az cVlAed
nations. Whence then, does C0ngIcsS dtIiye se u'Lor
lty To punish these STATES as Sa'tst fo' ~ g99H Ca
To a iugle word Of the Constitution TO justify It, II ind
vlduns have committed treason. may punish ihcm
and 1t indicates the mode IN when IL shaH nc uoe III
must be done by the judicial tribunals, after public
trial and conviction by an impartial jury But Is add
ing cruelty 10 l9uSuce 10 pulSn lIc ~ ~Mio.J iui,Su vi
States by abrogatng their governments ana imposing
yGying the Innocent with the guilty the odum of the
alleged crime. And do yOu not know there were thou,
sceessiai and Who took shelter under the Confederate
flag. because there 40 power here for months after
stars and Stripes = such treatment derives support
from international law or the Constitution Christianity
and the civilization Of the nineteenth century revolt such
bist1pv win Irand il he cnlig,fencd world wil con-
dtlun l.. The triumphant North ought not 20 persist IN
IL is due TO themselves ana To the character OF our
Government 10 abandon it, True statcsmausphp acts
cautiously justly, upon principe,WitAOut the influence Of
in yorr eleventh comment upon my first letter. You
say: There are many good the south, some Of
WHOM were Rebels; but public tranquility and public
ysgS and equal laws. Yet they must be guar
antccd nay. cU be and then cepta energy, entclse
and prosperity, will abundanty bless me south Ihls
understand TO be an aEnouncementquas authoritative
tnat ne 90 G Sc"yIg S M ne ,ro m
shall be universally cnfranchsed, the means Of guar
anteeing equal Ilghe ana equM t"s ana tiaV ieh ho
vainy expect that the white people of the South viii
have equal rights and equal laws when hubordndied
10 tie dominion the black Taccl Does 10 look Ike
"guaraueeng equal rights and equal laws" 10 dsiran
suQ agree with you that the sclcmc VIII be executed
and pray that your promised good times for the South
may he fulfilled But do not expect IT, for the simple
reason that the Legitimate and necessary result OF the
programme IN turning over these states TO negro Tulo
will defeat equal rights and equal laws forever
In the same comment you say, ana these cqua rights
and equal laws Mr. JohnSon's party when restored to
power by President johnson, refused 10 guarantee or
enact" 10 this simply reply 'Iad we aid an chai t te
principles Of the Cvil Rights bill passed by Congress
We made all men, black and white, equal before The civil
law We did not confer political rights upon the negro
first the victorious power represented 10y Cen
Grant the time Of surrender did not demand IT. and
secondly, because we dd not believe as we DO not now
believe that 10 II compatible with good government The
President and the Republican party not having at that
time quarrecd we were not advised that the
demand more at our hands. We had every reason to
believe that he not only represented the GoyeInmeht
Of the United States, but also the pOncy OF the dOn
nant power St, however, II that party, IN spirit
Of candor, magnanimity, and Justice mad offered
that was consistent with the ayowed objects Of the war;
a. EXPRESSED IN the Congressional resolutions previously
Guoted-as fnali, il would have been accepted. The
occasion, well wise statcsparship, ought TO have
suggested the Republican party the policy Of the nj
most raukness and cXpcncss OF detail, coupled with
the indication Of q desire rot only torcstorc these
states on Constitutional basis but, also, Of good feeling
and confidence. suppose that Congress as II could or
would not admit Senators and Representatives, had
invited friendly conference with the southern states,
through their intelligent aud TepesentatYc men; sup
pose, in such conference, they had said, gentlemen We
fls1 I'm an
yidcd for by the Constitutions you OyerpOwccd ana
at mercy, but do not wish 10 deal baTsLy with
folrti been emauclUatcd by