The New York herald., 1868-03-14

government Dc Jd0to. Before pas from that beg
ss how much Sisssssppi % rs. : dsnounosd ana how
snarchica everything there u said TO be, YET win
e refer 2 n the sss % ee
whore tAere u the most exhaustive discussion of this
very question: refer TO II by way OF argument 1t
path whichI had marked out for myself at the com.
this military reconsructon act is true in consttu-
tona sense and whether be true 1ustines TINS
ana ~, natter myse Una. L. nave M saoMs Il noes 'ot mat
justify this Intervention for the government OF Mis-.
sissippi BY military power; and, In the second
not true In constitutional sense. Before I
pass on, however, in order to avoid possible
distinction between the military power as master of
the civil power, or as subordinate to the civil am
s sst may as ana
that whatever may be the truth Of the preamble.
military power as the master OF the people and Of
the State, cannot be imposed by the government Of
the United States; that consequently this preamble
whether true or not does net justify the statutes
reasons, as they have supposed for these military
governments. Now, ask, in the first place, is the
citizen permitted 70 60 beyond an act Of Congress- to
act that whereas no legal State governments exist
and no adequate protection for life or property,
therefore be Il enacted &c. Confning myself to
that. / say that, standing alone, that preamble
does does not Justify y that act . But my learned
virtually that the preamble does not state half the
case there are other reasons which justify the act
TO these other reasons must ask your attention.
First will consider some Of the reasons given In
debates, though not specially urged by the other
side. propose, therefore, to consider the reasons
reasons given by the counsel who have argued the
case As to the reasons generally giyen there are
guarantee republican form Of governments
and to say there Is no such government in Missis-
sppi; second that by the right Of conquest we can
govern them as we will third that traitors they
have forfeited all their rights, and we can therefore,
do with them as we please; fourth they say we are
governing them In the exercise of beligerent rights
Now, each OF these In the order In which have
stated them, shall ask your attention to. First as
to the guarantee Of republican government ne the
upon the guarantee clause Of the constitution The
United States, tits said, are bound to guarantee
republican form Of government to every State In the
Union and they are In the exercise OF that power
with respect to Mississippi. Let us look at that.
sense, means to warrant something already exist
ing the performance OF an existing contract, the
treaty made a betWeen this and France
negotiated by Franklin, provided that the United
States should guarantee to France the possession Of
her West India Islands, and that France should
guarantee to us the possession Of our independence
The guarantee Of the constitution here is the guaran
tee Of existing form ofrepubcan gOvernment--that
is to say, OF form of republican government the
same being now in existence-and no more justifies
the claim to Intervene in the government Of State
for any other purpose than for the purpose Of Great
Ing an emperor.
In the appendix to my brief have printed extracts
in the convention Of 1887 in respect to this power
1t was at first broached in the convention by Mr. RAN
dolph, who proposed 1t in this form, "That repub
lican government and the territory OF each State
cept in the instance Of voluntary junction OF gov
ernnent and territory, ought to be granted by the
United States to each Sate.n
Afterwards 1t was atered:-sThat q republican
constitution and Its existing laws ought to be guar
anteed to each state by the United States" And
finally 1t was amended and adopted in the form In
which we have it, In the forty-third number Of the
Federalist written by Mr.. Hamilton, Is his exposi
ton Of this power from which 1t appears that this
clause in the constitution was introduced for this
against monarcRicai @ or aristocratical nnovaons mo
VINO would have thought that In eighty years from the
time when the constitution was adopted this guar
antee clause would have been pretext for forcing
upon the States the most radical Innovations In the
opposite directiOnf The clause, as adopted by the
the authors In the sense in which it then under
stood, means only that the federal government shall
arstocratcal and monarchical innovations.
Now, In the year 1857 the Congress Of the United
States sezes upon that clause as their authority for
forcing upon the states the most radical Innovations
in democratic direction Now, do not say whether
these innovations are good or bad. For my own
part II 1t rested upon me and could constituonally
act, would give every human being equality before
the law but would not break down the constitution
of my country for any innovation whatsoever The
last hope of freedom is in maintaining the written
constitution. Other forms of government, where
there different orders in the State, may be kept
up by balance of power, each struggling to prevent
the preponderance OF the other. But republican
without a written constitution. An instrument
which Is not kept inviolate Is far not cOnstu-
,;, tion. The choice for us II we are to maintain
written constitution, sacredy maintained, main
tained invioate against oil attacks or monarchca
government. History has taught US nothing II 1t
does not teach us that you cannot maintain q con-
sodated government on this continent but by an
emperor king; and that no other government
exist that IL not consolidated one except under
o written constitution. Therefore, whoever MAIN
tans the integrity OF this constitution sacred and in.
violate against all opposers maintains for himself
ana his posterify freedom ana common country.
Next we are told that we can govern the Southern
States by the right of conquest. This right of con-
quest is the ground upon which the first counsel put
It. The right Of war Is the ground upon which the
last placed it, ave have conquered the peoplen
says the first. sIt is well for them to know what Is
the temper OF the NORTH" he says in conclusion.
.sIhey are conquered and we are the conuuerors and
we will give them such government as we choose"
Is this argument a sound OneY How have we con-
quered the Southern Statesr In the sense in which
the word conquest Is used in this argument have
conquered the rebel armies thanks be to God, and
there is not hostile force, there is not hostile hand
that operate transfer the sovereignty from the
quered to the conqueror? Is the conquered sovereign
his place? Mississippi was sovereign before, in
qualified sense. The United States were sovereign
before in qualified sense Also But when the United
States the rebel armies did they succeed to
the sovereignty Of MississppiS
As between nations in barbarous times, the laws
of justified the reduction to slavery Of van
pushed people; but In the progress Of civilization
and under the influence OF Christianity, these laws
have been softened down, and that practice is no
longer considered lawful on the contrary, decisions
establishing the public law OF the world affirm that
the conquest OF one nation by another makes no
change in the internal relations Of the peoples that
the rights Of persons and property are In no degree
affected interfcred with The only effect is that
the conquered sovereignty is displaced and the con-
quering sovereignty comes In Its stead. But even
this effect does not occur in civil war The law OF
conquest in short has no application to civil war.
There, when the sovereign subdues rebellion he is
restored to his ancient rights, and nothing more.
Let us take some Illustrations. II county in New
York is declared to be In insurrection 1t will be
rec0llected was the case under a law OF our State,
during the anti-rent excitement and that county s
| reduced to submission, does anybody say that the
Legislature of the State has right to govern that
county otherwise than IL may govern the other coun-
| ties Of the Statef am not now discussing whether
! the people, by an amendment OF the constitution,
could take that county out OF the ordinary Of
municipal and State governments But q Legislature
OF limited authority, under the constitution has no
| such power.
Now, 10 s very true that the rebels recommendation
allegiance. Tey repudiated the federal tie; but we
Il fh, trar nod fcdn ia