THE PRESS.

From the Senate the question was transferred to the great arena

where pamphlets, reviews, and newspapers were the disputants.

Here the opposition in the Senate found frequent expression.

The Resolutions by their positive character offered a full

front, and they were openly attacked.

Public meetings and committees also made them the subject of

discussion,--especially a great meeting at Cooper Institute,

New York, and a meeting of the German Republican Committee in

New York, where they were fully sustained.[156]

The _North American Review_,[157] in an elaborate article,

under the title of “Constitutional Law,” afterwards published

in a pamphlet with the author’s name[158] on the title-page,

treated the Resolutions with a severity which may be judged by

the concluding words.

“It is to be hoped that disloyalty will not become

more general by reason of threats of conquest, or

by propositions that the United States shall become

_administrator de bonis non_ of the seceding States.

One description of treason against the United States

consists ‘in adhering to their enemies, giving them aid

and comfort.’ Mr. Conway[159] and Mr. Sumner have given

the ‘aid and comfort.’ Had they sent in their _adhesion_

at the same time, they would have done the Union much less

mischief.”

Not content with this article, the learned author addressed the

following letter to the _Boston Journal_.

“UNCONSTITUTIONAL LEGISLATION.

“DEAR SIR,--Will you permit me to say, that, the

sooner the Republican party cuts itself loose from

all unconstitutional projects (whether they relate to

emancipation by proclamation, conquering States and holding

them as Territories, confiscation without trial, or any

other measure not warranted by the Constitution), the

sooner it will begin to provide for its own salvation.

“Very truly yours,

“JOEL PARKER.

“CAMBRIDGE, May 5, 1862.”

On the other side, Dr. Brownson, the able and indefatigable

Catholic writer, sustained Mr. Summer in a powerful article,

entitled “State Rebellion, State Suicide.”[160] A few sentences

will show its character.

“The slave-owners, by their rebellion, have unquestionably

forfeited their right under the Federal Constitution to be

protected in their slave property, or, as to that matter,

in any other species of property. If Slavery be ever again

recognized as legal, therefore, the responsibility will

attach not to Slave States only, but to the whole people of

the United States, and we of the Free States will become,

clearly and decidedly, _participes criminis_.”[161]

“We hold with Mr. Sumner in his noble Resolutions,

creditable alike to him as a statesman and a lawyer, that

the State by rebellion commits suicide, and lapses as a

civil and political entity. All laws, customs, or usages,

depending for their vitality, force, or vigor on the State,

are rendered null and void by its secession, and are to be

treated as _non avenues_. Slavery exists in any country

only by municipal law,--in no country by the _jus gentium_.

In our political system it exists by the local law, or by

the law or usage of a particular State, in distinction from

a law or usage of the United States.”[162]

“The Rebellion, in a word, kills the whole State and

everything dependent on it. Whether the State be revived

and permitted to return to the Union depends entirely on

the good pleasure of the Federal authority. It cannot be

claimed as a right by the population on the territory of

the defunct State. As they could not take the territory

out of the Union, and as they, so long as they remain on

it, are within the jurisdiction of the United States,

the Federal Government has authority to govern them, and

may govern them either as a Territory or as a conquered

province.”[163]

“The two most important measures ever introduced into

the American Congress are, first, the resolutions of Mr.

Sumner in the Senate, declaring that a State by rebellion

commits suicide, and, second, General Ashley’s bill in

the House, from the Territorial Committee, providing for

the government of the rebellious States as Territories.…

Their adoption would save constitutional government, and

give new guaranties of man’s capacity for freedom. But

whether these measures be adopted or not, Mr. Sumner’s

resolutions will serve as a platform on which will take

their stand all in the country worthy of consideration for

their political sagacity, their wise statesmanship, their

disinterestedness, and their nobility of sentiment.”[164]

The newspapers were not behind the quarterlies in earnestness

of difference; but citations from them will not add to the

case already stated. An article in the _Temps_, an Imperialist

organ at Paris, is interesting, as showing that the debate had

crossed the ocean to France.

“The confidence of the nation possesses the Washington

Cabinet, too often accessible to incertitude and

discouragements, and its members seem about to rally to

the system presented by Mr. Sumner. It is known that the

Constitution gives to Congress the absolute power over what

is called the Territories,--that is to say, the territorial

portions not yet incorporated politically into the Union.…

The practical consequence which Mr. Sumner draws from that

can be divined. He proposes to consider the Rebel States

as simple Territories, which necessarily after victory

will return one after another to their vitality. Then,

according to the manner in which the Washington Government

and Congress shall pronounce definitively on this supreme

question, can admittance into the Union be refused to

States which do not abolish Slavery or regulate it in a

sense favorable to Abolition.”[165]

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