Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-08-24
HALF-nEAsUBES

CONTINUED.
The Supreme Court IF the United
States has settled, in The Prize Cases
and that Of Mrs. Alerdnder'S Cotton, de-
termined since the inception Of the Civil
War. that the States which declared
their Secession from the Union became,
by the action of Congress, if not by that
Of the President, b~elligerent enemies,
and that all their people were such,
whether really Ioysl or participants in
the hostilities agsinstthe United States (;
so that even the property on land, of =
person actually loyal, was liable to be
seized and eonhscated, as that Of al alien
enemy. This, we have heretofore de-
mongtrated, can be justified and upheld
As s sound and just decision, only upon
the well-known principle that a war
waged by a State is the act Of every
citizen Of the State, whether actually In
favour Of or opposed to it.
1t was for \ long time insisted that the
Southern States did not, by secession
and war cease TO be States Of and IN the
Union: and that the war was not IN
legal contemplation, the act Of these
States. but only Of individuals in insur-
rection against the United States. But,
a. the people Of q State are the State,
which, severed from them il but a meta
physical abstraction, like matter or sub
u separated from its attributes, this
proposition was q mere fiction, which
soon led those who accepted it into mex
tricsble difficulties. For if these were
still States 10 the Union, after the war
had ended. they were entitled to be rep
resented in Congress; and TO deny them
such representation WIS TO exclude them
from the Union. Nevertheless, Presi-
dent johnson adhered to this theory,
which bad been uniformly asserted by
President Lincoln, and has defended it
s-trenuously ever since be succeeded to
the Presidency.
Connected With, or a corOllary from
this theory was another, that the State
Governments, from the time Of secs
sion. were not the lawful Governments
Of the States, but only usurping ones
established by insurgents in insur-
rection: and that therefore all their acts
were void. The decision Of the Supreme
Court exploded that because if the
war was the action Of the States, each
State couIdbave buts single government,
and what these Governments did were
the acts Of the States, in law IS well "a
fact, and in 20 wise void. 1t is impos-
slble to hold that the acts Of the Legis-
lsture Of a State, at war with another
State, are not the acts Of the State
itself.
Provisional Governments were estab-
lished in these States, during and after
the war, in some by President LINCOLN
In others by President JOHNSON. There
is no real doubt Of the validity Of this
exercise OF Executive authority ia a
conquered country, until the legislative
authority can be called into action tc
provide for its government by law.
These provisional governments consisted
Of very little more than the appointment
Of Executives for each State, the laws Of
the State being left in full force, and theil
Constitutions amended or new ones made
BY Conventions that assembled during
or after the war. Under these Govern
ments, created by such Constitutions.
Governors were elected in some Of the
States, by such Of the people as ]concHrred
in establishing them or a. we're allowed
to vote and in ali, the Legislative and
Judicial powers were exercisedby persons
elected by that portion Of the people, OF
appointed in accordance with the provis-
ions Of such Constitutions. The Congress
had not, by any legislation, annulIed OF
changed the laws OF the conquered States,
or i~nterfered with their domestic govern
ment or legislation wherefore they con-
tinued uudisturbed, in accordance with
she universal rule.
But afterwards Congress found that II
was continually worsted in argument,
and that it could not adhere to the the.
orv that the seeded States had not lost
their character IS States in the Union,
nv secession and the war thai followed
n. and they then proceeded, in part
adontinq the theory Of Mr.. STEVENS, tc
1e0islate for these States a conquered
territory still, however, regarding them
A states. but as States not in but out Of
the Union, to be re-admitted at the good
pleasure Of Congress. Mr. STEVENS
claimed that they were no loager States,
mt conquered country, which might be
divided snew, into Provinces, to be adj
,itted as states, without any regard to
their former boundaries.
practically, at least, Congress has now
1850 his views. It has declared that
No legal governments existed in any Of
atbe rebel States" at the date Of the
-.gsaga of the reconstruction act has
f-aoted five military districts out Of the
Sfstes TO be reconstructed, and de-
$50 the State Governments merely
o-avisionsl. subject to be annulled or
rodieaa at any time by the military
n-thoTitv Of the United States, U'saer
- authority Il undertook TO PbGcs
and uader whieh they still remoi".
- sTEvENs pEstsuds snd insists that