Year: 1866

forbids it, the States could not oo ont q.


the Union in fact. A respectable gentle
man was lately recting this argument.


when he suddenly stopped, and said 'Did


you near OF that atrocious murder commit


ted IN our-town? A rebel deliberately muir.


dered government official" The person


addressed said: II think you are mistaken ,


How so! | saw it myself" You are


wrong no murder was or could be commit


ed for the law forbids it."


The theory that the rebel States for four
years separate power and without rep


resentation in Congress, were all the time


here IN the Union, is good deal less ingen-


lous and respectable than the metaphysics


OF Berkeley, which proved that neither the


world nor any human being was in exist


ehce. II tins theory were simply ridicu-


louS 1t could be forgiven; but its effect is
deeply injurious to the stability of the ma


ton. Ca mot doubt that the late Confed-


crate States are out Of the Union to all in


tents ana purposes for which the conqueror


may choose to So consider them.


But on the ground of estoppcl, the United


States have the clear right to elect, to ad-
Judge them out OF the Union They are
estopped both by matter ofrecord and mat


ter IN pals One of the first resolutions
passed by seeded South Carolina in Jan
uary 1861, is as follows:


! - ReSolcea, u,aBim1asly That the separation of
south Carohnla from the Federal Union is final
and she has no further interest in the Constitution
| OF the United States and that the only appropri
ate negotiations between her and the Federal Gov
ernment are as to their mutual relations as foreign
States"
similar resolutions appear upon all their
State and Confederate Government records
The speeches of their members of Congress-.
their generals and executive officers and
the answers of their Government to our
shameful sueings for peace, went upon the
defiant ground that no terms would be Of
Tered or received except upon the prior ac-
acknowledgement Of the entire and permanent
| independence of the Confederate States.-
After this, to deny that we have a right to
treat them as conquered belIigerent. sew
cred from the Union in fact is not argument
but mockcry. Whether it be our interest
to do 50 is the onl y question hereafter and
more deliberately to be considered.


But suppose this powerful but now sub
dued bclligerent, instead of being out of
the Union, is merely destroyed, and is now
lying about dead corpse, on with anima-
ton SO suspended as to be incapable of ac-
ton, and wholly unable to heal the mseIvos
by any unalded movements Of their own
then they may fall under the provision of
the Constitution which says ''the United
States shall guarantee to every State in the
Union republican form of governments
Under that power, can the judiciary, or the
President, or the Commander-in-C Chief Of the
army, or the Senate, or House of Represen-
tatives, acting separately, restore them to
life and admit them into the Union | in
sist that if each acted separately, though
the action of each identical with all the
others, 1t would amount to nothing Moth
ing but the Joint action of the two houses
OF Congress and the concurrence of the
President could do it, If the Senate ad-
mitted their Senators, and the House their
members, it would have no effect on the fu-
ture action of Congress. The Fortieth
Congress might reject both Such is the
ragged record Of Congress for the last four
years.


In Luther VS.. Borden, Howard I-42, the
Supreme Court says


Under this article Of the Constitution
the one above cited it rests with Congress
to- decide what government is the establish
ed one in State For as the United States
guarantee to each State a republican gov
ernment, Congress must necessarily decide
what government is established in the State
before it can determine whether it is repub-
lican or not


Congress alone can do it. But Congress
does not mean the Senate, or the House of
Representa- ives, and President, all acting
severally. Their Joint action constitutes
Congress. Hence a law of Congress must
be passed before any new State can be ad-
mittcd, or any dead one revived. Until
then no member can be lawfully admitted
into either house. Hence it appears with
how little knowledge Of constitutional law
each branch is urged to admit members
separately from these destroyed States
The provisions that leach house shall be
the Judge of the elections, returns, and
qualifications of its own members" has not
the most distant bearing on this question
Congress must create States and declare
when they are entitled to be represented
Then each house must Judge whether the
members presenting themselves from a rec
ognlzed State possess the requisite qualifi-
cations Of age, residence, and citizenship
and whether the election and returns are
according to law The houses, separately,
can Judge Of nothing else. 1t seems amaz-
ing that any man of legal education could
give it any larger meaning.


1t is obvious from all this that the first
duty Of Congress is to pass law declaring
the condition Of these outside or defunct
States, and providing proper civil govern
ments for them. Since the conquest, they
have been governed by martial law. MI
itary rule l. necessarily despotic, and ought
not to exist longer than is absolutely nee
essary. As there are no symptoms that the
people of these provinces will be prepared
to participate in constitutional government
for some years, know Of no arrangement
80 proper for them as territorial govern
ments. There they can learn the principles
of freedom and eat the fruit Of foul rebel
lion. Under such governments, while elect
ing members to the territorial legislatures,
they will necessarily mingle with those to
whom Congress shall extend the right of
suffrage In Territories Congress fixes the
qualifications of electors and | know Of
no better place nor better occasion for the
conquered rebels than the conqueror to prac-
tise Justice to all men, and accustom them
selves to make and to obey equal laws.


As these fallen rebels cannot at their opt
ion re-pntpr the heaven which thew have