Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-03-30

legitimately Incorporated into the very body
Of the same, they became, as | have said,
as one Nth ne original States their indie
pendent aud indestructible municipal and
State life became In like manner recognized
aud guaranteed as necessary and reelpro-
cal condition Of the national life.
So that on the one hand neither secession
nor rebellion, nor treason even, could forfeit
or destroy that life or separate them, or
either of them, from that national oneness
without destroying both the Constitution and
the Union. While on the other hand there
was no power vested In the Congress or the
Executive, nor Is there any Just rule Of
judicial Interpretation under the Oonstltu-
ton, to change or modify or destroythe con-
ditlons OF their independent municipal life,
or their position and relations as States In
this constitutional Union but by destroying
both the Constitution and the Union, and
this for the obvious and simple reason that
their State existence did not originate 10,
nor had 1t even depended upon the will Of
the Executive, or Of tho Congress, or the de-
crecs Of the Judiciary, but on TIE perpetual
and irrsgoedbls eoUsndRi and lao Of eoRsiliH-
fiondl lifs, iohStasr STATE or national.
But the same cannot be said OF the new
States Of Louisiana, Missouri, Florida, Texas,
California, or whatever other State formed
out Of territory not originally belonging 10
the domain OF the United States, but ac-
qulred from a foreign power or ceded by an
alien colony siilns the Constitution was
adopted. These latter, therefore, I have
denominated, aud Il is conceived that they
may with evident proprety and truthful-
ness be called, -ConHtitWioHdl nsio States.
Mark you, l do not say they are Un-Constl-
tutional new States, for that would involve
an admission or Implication that they were
In some way comprehended In It's provisions.
But, inconlroyertlbly, they may we'll be
called non Constitutional new states-eaeh
aud all OF them being the offspring OF Juris-
dietion extended beyond the Constitutional
precincts Of the United States. Hence the
promotion or advancement Of any OF them 70
a State position in tho Union was an exercise
and an extension OF the reach Of the national
| Jurisdiction, which made Its government
over them new and a different Sovereignty.
| Thenceforth and always all its acts done 10
relation 10 these new acquisitions must be
considered as done by virtue Of its Inherent
sovereign power aud capacity outside Of ne
Consultation, and independently Of any such
power derived underit, whether done or pur-
porting TO be done In con ormlty with lite
provisions or not. ..
Hence again ii follows that In this, lie en-
larged domain and Jurisdiction, the national
Sovereignty Of the United States at the pres
ent day has extended and reaches far beyond
that Of the Constitutional national soYer-
1 tlEutN TEEOEulNtu hnu pEONNhtu tut Nub
trainers Of that governmental organism.
This peculiar feature 10 the character aud
construction Of our national Union and Gov
/ eminent, as Il Is claimed to exist at the pres
cot day, Is very important 10 be dlscrlmina-
ted in considering It's power, as well as the
power OF Congress, In relation TO the terri
torlal and State domain acquired from for
| elgn Powers since the Constitution was
adopted; and Il Is more especially important
when taken 10 reference TO this modern
sophlstry Of secession and consequently
kindred sophlstry Of disruption
To comprehend this proposition, or TO IL
lustratc II more clearly, let US look a little
more closely into the character OF this ex-
tension OF the national domain and soyer-
eighty, aud TO the source whence Il derives
It's title to supremacy over this ncwly-ac-
quired territory. For to this point we trace
the origin OF those complications which have
infriuged the integrity OF the original Union,
deseCrated the covenants aud guarantees OF
the Constitution, and alarmingly imperlled
| the existence both Of the national aud State
life.
without any special reference, then, to
the changes which the fearful and lrTesistl.
bic logic OF events born Of civil war may
have developed In the lately insurrectlonary
States, let US look otherwise at the political
alembic through which "TuE SITUATION"
| has been distilled.
Tho acquisition Of foreign territory, aud
the creation OF new States out OF Il, was the
Arst ominous exercise of poosr oUisils Of
he Constitution but by II these new States
gained no such position or relations In the
Union as the original aud constitutional
new States held In Ii. They derived neither
their origin nor their life from II, and hence
| they became the pregnant elements Of dis
| Indignation. They were the mere creations
OF the Congress which secured their allie
glance to the Constitution by prescribing
and fixing certain fundamental conditions to
their stateshlp In the Union, and thereby
reservlug the corrclatiyc power TO remand
them to a territorial condition sh ould they
undertake to annul, or violate, or Infringe
any such fggbe@enttAls new States stand
on au entirely different footing In the Union,
| from the original and constitutional new
States, Whieh psrs, as have said, he eoRsfifu.
tiohal Union. 1t was In the absence OF such
discriminating reference on either side, that
the autagoniam which existed between the
executive and legislative branches Of the
Government, under the late Administration,
seemed TO the writer to have had their
origin, aud am apt to think that proper
appreciation OF this distinction would have
gone far towards ending that a1tagonlsm,
and may yet be efIectuai in allayiug or ter.
tninating our present complications, as we'll
as reconclling all differences between all
parties and sections In the land.
II might also, peradyenture, give q wider
scope 10 the whole idea, as well asto the
aims and references OF any sound policy OF
reconstruction. It's final and permanent ad- |
JusLment may be found to require such an |
amendment OF the Constitution as shall give |
to these non-constltutlonal States a eonsti. |
tutional existence, and restore or compen- |
safe 10 the constitutional States, as we'll as
to the people iuhabltlng therein, the rights
and franchises which have been compro-
missed by so wide a departure from the
original work OF the fathers, and thus the
better perpetuAto both the national and
State life.
We will In our next number consider
The Pocsr Outside Of he Constitution.
HIS.
wAgHiNGroN CrT, D. c., March n. 1870