The Texas Republican. [volume] (Marshall, Tex.) 1849-1869, 1868-02-01

I
and the decision by the sword, that
secession was nulli,y ms a question
Of practice, !, would seem, that each
State is bound to preserve i,s origi.
nal relation to the Union, as we'll as
to republican form of government,
When there is breach of either Of
these two limitations. the thread Of
legality. or constitutionatity is drop.
ped. All that may come afterwards
Is on an illegal basis and ia void
Such is the irresistible conclusion,
viewing the subject from the North
ern standpoint. What then is the
remedy 2 Is II for Congress to step
in and construct s. new government ?
We have already shown that they
have no such power But the RENE
dy is to 60 back and pick up the
thread Of legality, right where il war
dropped or, in other words, restore
the government which was wrong.
fully displaced. II was not destroy
cd by secession, assuming secession
to be void its functions we're aus.
pended only, It's Offices vacated, but
not entingaishel.
Hence, it follows, that as soon M
the disturbing cause (Which was SO.
eession and its yesults) was removed,
the legitimate constitutions Of these
States, which were in force nj the
time Of secession, stood in their orig
inal vigor, and the Offices Of their
governmsn,s should have been immc-
diately Gllod by the proper cons,itu-
cney. This doctrine Of maintaining
the succession Of legality in tn. State
governments, Is precisely what was
decided by the Supreme Court of the
United States in the ease of DORIS
rebellion in Rhode Island. The duty
belongs not TO Congress alone, nor
to the prcsidcu, alone, nor to the
Federal judiciary alone, but to all
Of them, each acting in It's appropri-
ate sphere. II belongs 10 Tie fnitea
States. All the powers Of the United
States stand pledged to It's perform
anco-ths duty Of maintaining tho
State government with which each
State entered the Union--with such
notifications as 1t may have received
by the FREQ and voluntary action Of
It's people, consistently with the
Constitution Of the United States.
Whenever there is breach of the
limitation imposed by the Cons,itu.
ton of the United States, everything
thereafter becomes illegal and void
The remedy therefore, Is remission
back to the interrupted legal status
Now the late war has decided, as n
question of fact, that secession broke
the thread of constitutional relation
between the seeding States and the
United Statas, and that the State
governments founded on secession
were illegal and void, aud fell with
the Confederate cause. These fab
RIGS having thus fallen, the people of |
tho States, as logical necessity, are
RENTED back to their constitutions
and governments which existed at the
time Of secession. All that was nee
under the Federal ConstitfNoh 'hih
the right to do (apd that they were
bound to ,;o,) was to restore those
governments and constitutions back |
70 the people.
This was their solemn eonHtitution-
a obligation. fithAd bsen prompt
ly recognized and performed the
onion would have been immediately
harmonizcd and political Disturbances
settled Tho remedy. therefore. for
presen, ills, aud The only prsvsntives
Of utter future ruia II, for esoh a.
par.men, in il appsoariats aphsre,
and all the dspartpssh oonbiasd-- {
constituting ths 0ovssansnt " ~
United Atatea-to getArn II eee1
faith TO the Cosa1i1atioa. That ID.
stsumcnt gus-,nteep ~ squaiky II
IN States IN right ~ tgaily, ard
recognizes ~ fse1nnenyal psiesi-
plss thas ssch, - it1, akall sos1se
iad dsGae Dtals ell3n1osA IN psssipe
the quai.asaaea ~ ss4sssis9 -
elective ffassAis ~ hs11irg 49,. /
Il makiae ~ saFaeel pesossl
sgsin., teise ptussa, ~ hsg se1er
negro ,ioslis;pN, ~ disavsw ~ -
liz Of rssspeutsoA touasA Mi sates.
tssasa RAGS. A ~ ~ 1sstlaed Y
IL. a.s-.ts.. - slssfsr hsr1u, - an& |