The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1867-07-26
Debts of the Southern States-A New
Load Saddled on the North by Con-

ing, says the Milwaukee Ae,rs, is the legal
question whether congress, by abolishing
all the state governments in the south, has
not made the United States liable for the
payment Of the bonds and other indebted
ness due By the state governments which
have been legisated out Of existence. Ac-
cording to congress, Virginia, the mother
Of states, is n state no longer. 1t has no
government of its own. The state govern
ment which existed last year, congress has
declared to be an illegal government. Ac-
cording to congress, also, the government
which existed before the rebellion was de-
molshcd and annhilated by the act of re-
bcllion. According to congress, there was
no government in that state during the re-
bellion. According to Congress, the mill
tary government now existing there is the
only and rightful successor of the original
state government, and now exercises the
exclusive power of making and administer
ing the law.
Virginia owes honest debts. But Vir-
ginia has no government except the gov
eminent of congress. 1t is difficult TO see
how dcfunct state government can pay
debts. If they are to be paid at all, the
existing government there, which is gov
crnmcnt furnished by congress, must nee
essarily provide the means. This is the
common sense view of the case.
\ correspondent Of the Nr,cs, who has
occupied judicial position under the gov
eminent, and whose opinion, therefore
ought to be of some value, gives a lcgal
view of this question as follows
"On the 18th inst the president sent to
tho Senate a message, in answer to de-
mand from that body, lDqulrlng what sun
was necessary to conduct the reconstruction
plan to perfection. He answers. we have
already spent S2,lOO,0OO. and 81 ,645, 277
are wanted to continue the process already
adopted, during the next four months. He
then suggests to them that if it is proposed
to abolish the civil state governments, and
substitute the military government of the
United States, then the United States, be-
ing the actor, must foot the bills of expense
of administering those state and municpa
governments, as all the officers will be Uni
ted States, and not state officers and that
change will require at least SI4, 900 900,
which must be met by the United States
treasury.
but there is still another view of the
case At the time the rebellion broke out
the ten states now placed in part under the
military power of the army, and which the
congress propose to completely subjugate to
that power, were indebted to various par
lies, mostly foreigners, 800, 000 900. Hith.
n tho ctata bnUn hnon kant
in existence, acting and administering gov.
eminent over and for those states. Thus
there has ever been a head-a corporate
municipal body who could provide for and
pay that debt Whether they have always
done so, matters nothing. The corporate
existence continued uncontrolled, untram-
meled by any outside independent corpora
ted existence of paramount power and the
state remained liable for its Indebtedness
But now congress proposes to displace the
state governments and to assume the func-
tons and of consequence the debt which
the state government was liable for, must
follow the new supremacy and governing
power. The law is the same in this case
whether the supcrceding government OBJ
tanned its power and possession by con-
quest, by purchase, by assent of the two
governments in the surrender of The one
consideration, or by usurpation; the gov
eminent IN esSe is the one that is response
bic to the creditors of the indebted govern
ment. The whole doctrine is built on the
theory, that government cannot cease in
the words of the old writer's, g the king
never dies" A nation without govern
ment in national ethics. is like vacuum in
physician impossibility. One may dis
place another but the place is always pos
sessed by supremacy and sovereignty
This point is Independent of all consider
alton Of the constitution of the United
States. 1t is a mere question Of govern
mental power abstractly considered.
Looking at it in this light, the presi-
dent says to the senate:
= 1t is worthy the consideration Of congress
and of the country, whether, if the federal
government, by action, were to assume such
obligations, so large an addition to our public
expenditures would not seriously impair the
credit Of the nation, or, on the other hand
whether the refusal of congress to guarantee
the payment of these state debts, after having
displaced or abolished their state governments
would not be viewed as violation of good
faith and rs reputation by the national legis-
laturc of liabilities which those states had
justly and legally incurred"
But let us see for few minutes how
this proposition submitted by the president
was received by the senate or what remains
OF it. No sooner was the message read by
the clerk, than Mr. Howard cries out s. it S
all moonshine and designed for party pur-
poses.
- But Sumner caught faint CLEAN of
the coming consequences Of their acts and
the law as applied to them, and says: The
rebel states are responsible for all just
debts, but the states still existed, and their
just obligations inhered to them, and could
not be cvaded. That is all true, if the
states existed, and continue to exist but
take away the existence of the states, and
substitute another existence over the states
and people, and who is responsible then
Mr. Sumner, OF any other senator, answer
that question.
"Mr. Fesscndcn sees that the consequen
ces must be what the president hints at
aud cvades them, denies that the states
have been conquered, or that the state gov
ernments are overturned.
:. But Wilson unites with Howard in de-
claring that this is only device CT tic
u I 4