arrier in all time to come. And the security
it will afford will be even more certain. For, while there may be a
difference of opinion in regard to the effect of a law of Congress
relating to existing Territories, there is no doubt that conditions
imposed at the time upon the admission of new States, or the restoration
of the Rebel States, will be of perpetual obligation.
RIGHTS OF REBEL STATES.
On this subject there are two theories, each of which has advocates
among our most eminent statesmen.
By some it is claimed that the Rebels have lost all rights as citizens
of States, and are in the condition of the inhabitants of unorganized
territories belonging to the United States,--and that, having forfeited
their rights, they can never be restored to their former position,
except by the consent of the Federal Government. This consent may be
given by admitting them as new States, or restoring them as old,--the
Government having the right in either case to annex terms and
conditions.
There are others who contend that the Rebel States, though in rebellion,
have lost none of their rights as States,--that the moment they submit
they may choose members of Congress and Presidential electors, and
demand, and we must concede, the same position they formerly held. This
theory has been partially recognized by the present Administration, but
not to an extent that precludes the other from being adopted, if it is
right.
If the people of the States which have seceded, as soon as they submit,
have an absolute right to resume their former position in the
Government, with their present constitutions upholding Slavery, it
certainly will be a great, if not an insurmountable, obstacle to the
adoption of those measures which may be necessary to secure our peace in
the future. That they have no such right, it is believed may be made
perfectly clear.
If we triumph, we shall have all the rights which, by the laws of
nations, belong to conquerors in a just war. In a civil war, the rights
of conquest may not be of the same nature as in a war between different
nations; but that there are such rights in all wars has already been
stated on the highest authority. If a province, having definite
constitutional rights, revolts, and attempts to overthrow the power of
the central government, it would be a strange doctrine, to claim, that,
after being subdued, it had risked and lost nothing by the undertaking.
No authority can be found to
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