The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-01-25

government Aud wbsd she allied herself win w
onsr rebel States she violated legal oonsnusonAs
ounsalions resting upoa her except ~ Tar ~ $40
attempted TO resume the power which she had dslss
70 attempting 70 The came power prohibited cY
ns eonsn.ut,on In all things else she WAS sovereign
Of the general government wnsa therefore, she ems
tered INTO tns coaf sdesaton with Inc other States aa&
joined them 70 what IL famiiAy caed ths 1ais rebeIs
hon." she did IL voluntarily as an independent
ereisnty having ner disnc. political STATE organic
zsion intact and resisting chs authority Of tho United
States for tour years; hers ali intsnts and pur-
poses during that period d facto government and
renamed SO until ovsrtnrown by the military power OF
tue United Slaes IL MAS the Authority or the govern,
msnt OF United States that Il facto govsrnmene
her territorial limits Looking therefore, At the S.atU
OF lexas apart from her connection the other rebel
States her soyenmeat WAS essentially de- acto COVE
srnment But II viewed IN her Connection with tho
other insurrectionars , ates the principle il noa
changed Tue so-caled Uoulederate States had all tho
machinery of general csll goysrnment In ssfug
operation These 5 aes embraced population of nearly
eight mi,ons OF inhao tants Thcy organized and pue
arm o. in the field ,nal Tor four years successfully
resisted the most po~eriUi miiaiy force, when wO
consider its NUMBERS equipnents resources and sn.
cency that va, eser marshaIed on tented nsd q
war Tho magnitude Of the struggle, the numericat
,lsnsia ,os lac iSrces eagasa sons
Impressed the rebel gosernment with the character of
BELLS eren power such foreign Powers acknowiedgoQ
and recognized cha scter be, and such MAS ras
cognzsd TO DC by the Of the United States
Through the rebel goyernmeut regular negotiatong
were carried tor the exchange VI prisoners OF war
with the government. Of the United taeA Thus TAR as
least the socaed Cont dcsats states wors treated a.
United States We submit whether It has ever before
been donied that government was at least d. Jacte
when was the representative OF power conceded to DO
beiseIsn aud " shich Daiiigssent rights had been
accorded BY The civilized world. We are that our
own authorities are now Calling In question the right OF
the British government have accorded 70 the Con.
fedsraie States the character OF begersnt but so
confident Is that That the usages cislzei
nations fully justified making the rebsl GO
vernment That she viii not permit question
be made the subject Vi arbitration. Moreover tho
government OF the United states enforced . stricL
blockade during the rebellion, In which act she hke@
bellgersnis 1t was the authority Of the gotsrnmsnt
~ the United states tnat was resisted BY
ment OF the United states that was superseded and
suspended What is this power to bs dsnomnatsd
which thus for four years held at bay the whole military
power OF the Of the Quilted Staes and yet
earned on and sustained intact boh Confederate and
State governmentsy No mandate OF the Presdent Of
the United States no federal courts neid their sessonA
civil authority OF the United Statos was earned Out
within the territorial limits Of tho Confed
crate States for Lear four years II they did not conss
government d. faSo confess that have nos
understood what constitutes such government BUT
IL may insisted state OF out %
the Union; that she mad rghiul authority 70 So
cedo We take IL for granted that II has boon solsmny
settled by the arbranen OF the sword that had
ngnto sscede, Imagine that no court will un~
teItake disturb tina. settle .nent OF the question: Bup
too wssoa. tue consent s Of he unsd sass or
least q majority OF tnem and having thus voluntarily
Of The Union 10 waca sue had Belonged can
she return without their consent, given In the form OF
sssa rsv sa MI iSs Congress Of tns United
those acts Of Congress remain in force sh0
has No. such STATS as State as woala
presented by Congress arc Complied with. Here tho
several acts Of Congress are ced Now, as declared
legal Siae government. she sureycannot SUCH
Il is alone by her authority in her political corporsts
Within the meaning OF the constitution OF the United
States !. is the peops Of . State N their orsauxe4
political capacity Her organization consists In her
government Her soverpment consists Ia constiu.
ton and the departments OF her provided Ia
sao has 10 esa existence neither can toe State have
any. Ia support or tnis position No quote from y
the Of Hepburn { puad.s vs. Eilzey reported la
the "a Chares pags 40, opinion by Chief JUSTICE
MARSHALL ~ was decided "a ms case Ina ci'zea or
the District or COLUMBIA not citizen OF state
And why was not Lo District OF CoumoiA State =
Ause did not consan toe elements or charsotsfsicq
OF state IL did pot The relations 70 the general
gossrumcn OF State. Some OF those relations ARC
aeasc tho decision above cited, as also IN The cone
stituto-, namely - rs
The use Representatives il I, be composed Of mem.
Der. ean y The Pc 1 Of -, .A and IN each
tae Inn STATES snAl 70 composed Of two members frnA
Executive NUMBER Of enc.ors equal 10 is whole numssS
OF senators -ni representatives.
These clauses sho that word State Is used tho
constitution as Designating member or the Union, and
excludes rom the same the ssniicaton attached to lk
by writer's on the law OF nations Where the same
term winch been used plainly In this limited sense
In the artc respecting the legislative and executive
Departments, IS also employed IA that which rsspscts
the judicial do artment II must be understood
tanning The same originally gwen to it But 1t may DO
said tbat the reDs state only illegal
the extent that their relations with the general govern.
meat are suspended Is not tbs right 70 sue in th1
court IS much relation tho right TO 81 lcait Re
preventative IN ,De lover branch OF Congress or two.
Senators WHAT INSTRUMENT II that guarantees those
rghtsp The constitution OF the United States. II one
provision OF. that consultation In reference to State 10
suspended al must be- 1t is impossible to reconcile ID
VITA soand reason or cJrrect logic that part OF thu
consti ulion l. in rebel States ami pars
not in iofce hat IL requires legislation TO arrest ,hs
Supremacy OF some provisions OF the const tuition
rebel state while others have never been IN eupIed
ton IN tue use OF Inc word stale When applied TO the
legislative department ana to tao JUDICIAL fns Supreme
Court have alreaay d cded that there 10 mono. IL.
therefore, Texas IS no S;aa with regard 10 hsr right
her Senator's. representatives, aud eetors. she
Is certnniy no state Win regard 10 her rigke
TO sue IN this curt But let u 10 con-,
csdsi that there was 10 dc jato. government
that The people rebolion against the United Statoa
we're not beseTents; thai tue constitution aud laws Of
tne unted states wers All the time 10 iul forcc and
Authority every foot OF territory and every in~
babant OF the tho rsbci states interrupted only BIZ the
lawiess Resistance OF ihoss in armed hostility 10 tho
governp WHAT atttuds does tho State oil Texas
cIpy IN this aspect u the CASEY Simply this-thae
At mo close OF ths her people who participated
tne rebel on we're Liable TO % ired individually for any
vioia,ion OF the cons tuition aud lava OF tho United
States u which hey nad been guilty and punished
eoriingiy But as she had no power 10 throw of DER
allegiance TO the general government under the natcub
coustltuuon neither had sue tho power 10 impair or
destroy single provisios ihsreo aud NJ q necessary
and logical c1acuacn sne could not destroy single
provision thereof, and necessary and log cal
tie CONSTITUTION provided Tor with isreScs to her 40
state, Ju, on the contrary ali her relations At t1s
az armed ressaucs 10 TIE goyornmen OF tho unite6
ssaes 10 fa vigor ald uDiinpa.red vitality. Bue
whie her peope were hsiesy engaged in armed hos'i.
ny 10 The authority Of The uned states they through
tner Military Board sold aud disposed of those boHdN
with tie IN eniion OF aidiog The rebellion or
any other purpose not Inconsistent with their hostile
attitude to tn United States and the defsndan bought
them with fun knowledge OF sucn Intention the State
cannot now turn around and ask this court relieve
her from The folly Of her suicidal act No; the
maxim, "Il ic,,cto po7r toidto sa dCcndnte,'s
wud apply WITH al ito iocc. 50 that upon ihs ground
shs would be entitled 10 relief in this court Bus
again, tnlsmacn sIe sevorcd her relations for the
time ueing vita tue general government without tho
consent o thai govern aen and IL u DO determined By
this court tnst sue cannot have these relations restored
without The consent OF that government through 10
representatives In the ieg atiye tnen sho
cannot sus In this court because that right tnnt res-
ton es PROSTATE and broken amid the ruins Of tho
Rebellion. among the ctnor fragments OF departed
rigns aud Loot pr ncpleS In auy aspect OF the czs0
think. therefore. that min cfian hhOuld