Friday, May 21, 2010

The Defunct States

(For the Burlington Hawk-Eye)

C. DUNHAM – Dear Sir: – I would say a few words about Mr. Thomas’ speech in congress, published in your paper of the 23d instant.

I assume that loyal people cannot act without the light of our Constitution. It has been our constant light, and the source of our political animation through our lives. But were we so idiotic as to look at, and into the Sun, (by the light of which we do our daily work,) we would be but dazzled and blinded, and do very little work by it. To look into the sun, is not to “work while the day lasts,” but it is idly to strike our feet into mire, and against rocks – Traitors will not perish this way, but we will, and our Constitution shine only for traitors, if it shine at all.

Let us never mind (now) what Mr. Burke says – it don’t apply to us – and besides, what any man says, who has not have the light of the Constitution, cannot be considered the best authority in our case.

We do not propose to shock the civilized world, nor excite their indignation, any more, notwithstanding that all Republicans, always do this very thing, whenever and wherever they defeat despotic designs.

We propose to hold our National Government to its duty of providing Government, and order over the whole arena of the Nation, thus preserving its own nationality, and the rights of the inhabitants who support it.

Where State Societies are formed upon National territory, order is established – on the remaining territories of the Nation, the Nation must provide a Government directly, for the different portions of it, which is called a Territorial Government.

We propose to re-settle the territory occupied by the eleven defunct States – that our Nation administer upon their estates – the interests and property be distributed to loyal bands – and until a State is re-formed, Territorial Governments provided for these portions of the National Territory.

There is no question in my mind, but that the Constitution is the supreme law of the land, and will be.

Of all men in the land, the loyal ones will be the last to deny their attachment to the Constitution, and it is in no wise disgraceful to them.

But the question to which we are coming, it seems to me, is, who are to be taxed, and who are to be protected in this Nation, which has life and Constitution left? Who is to pay the cost of this rebellion, endangering its life? How is this Constitution and life of the Nation to be maintained through our present circumstances? Is it by protecting loyalty, or protecting disloyalty to the Nation? Is it by entailing an everlasting debt upon loyalty, or by entering upon the estates of interstate disloyalty? Are the patriots of these times to be protected, or to be taxed? Are we to be taxed for to galvanize defunct States into a mechanical life, and work them as partners in an Government of the country, which they would only degrade?

There is no constitutionality or spirit in this nation for compelling a State to remain a State; and it cannot be done; for the moment we institute such a proceeding, we assume the government over it, the same as any Territory that has not State organization.

This being according to the forms of our Constitution, and former practice, I cannot see why we would wish to do different in the present case, or why we would wish to make an exception at this time.

I see that Mr. Thomas is as fond of assertions as the rest of us. He says that it is not constitutional for States to go out of the Union – “no door to go out,” and therefore they cannot go out. Now I submit it to Mr. Thomas, what we are to do, when we are powerless to prevent it, and they are “all abroad,” door or no door. I think he would say with us, we must do our plain constitutional duty – we must take care of the Territory thus evacuated by State governments, and re-establish governments there which would be territorial, and provide for the reformation of states on these Territories.

The existence of a State society, on any Territory of this nation, is the result of the actions of those composing that society, under the permission of the national Constitution.

The General Government can neither create or destroy a State. It can hold and govern its territory as territories, and when a State society is not in existence upon that Territory, it is the duty of the National Government to take charge of the Territory, before or after the existence of a State society thereon. Our National Government cannot hold up a State, and compel its existence, and in case of incapacity in the Territory for government, the duty of the General Government is equally plain. If Louisiana was inundated and the inhabitants swept off, all except five persons remaining, it could no longer maintain the character and society of a State – the State is destroyed, and the Territory which it occupied, calls for the care and aid of the General Government.

Rebellion has now destroyed these States, has disfranchised them as by pestilence, or flood, or any other judgment of God, and further than this the legal rights of these rebellions inhabitants on these Territories, are not now as good as were the rights of the aboriginal tribes that formerly inhabited these Territories.

The acts or decrees of the State follow the destruction of the State. Their titles and commissions are void and their penalties of slavery remitted.

If we have no better light to work by than the Constitution of our country, then we must not shrink form any duty which implies its preservation and the promotion of its activity; however serious and imposing this duty may appear to us.

J. B. P.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, May 3, 1862, p. 2

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