, 1862-03-22
Chr Ttiitt!uttk:t
SATURDAY, MARCH ~, 1869.
STATE RIGHTS.
Speech Of John 4. Bingham Of Ohio,
In Reply to- WadsWorth =
OF Kentnckv,-

Speech Of John 4. Bingham of Ohio,
In Reply to- WadsWorth :
Of Kentucky !.
WASHINGTON, March 14th, 1863.
In the course Of his renarks to the House,
Mr.. Bingham said. -: "
I now come to the other point Gentlemen
talk about the rights Of the States heard
vas brought up again :to-day. Now, sit,
wish to say that not one Of the. eleven
rebel States is to-day State in tn: Union.
The Territory is in the Union, the citizens Of
the original States are in the Union, and still
United sfates Thcy Il W cannot get the terrtopg eqs
out Of the Union: They cannot run away with
it. 1t is anchored and fixed there; it is a part
Of the common heritage Of the whole people
Of the Republic. I know Floyd would steal
it. # he could, IlanShteTl but it is beyond the
there It abide forever the people are there
but there is no constitutional State-no State
in the Union or Of the Union there: that
1naddened multitude, the majority of each Of
the original States in that rebel district, have
tlona1 State governments. rather think the
gentleman from Kentucky knows that as well
as do, or as many in this House.
MI Chairman, as every gentleman is for the
Constitution. and especially as the gentleman
from Kentucky c1afms to keep special watch
and ward over it, desire to read single sen
tence to prove the truth Of what say, that
these rebel States arc not Std!cs in the Union,
but only rebels in arms within the territory Of
the Union, and without a constitutional State
government. An Illegal State constitution is
void as to the United States Government.
clares-
"The Senators and Representatives aforesaid,'-
that is Of the United States
.'and the members of the several Slate Lesfs1a-
tures, and all executive aid judicial officers both
Of the United States AND OF THE sE7EaAL STATES.
this Constitution Constitution Of lis United
States, Art. 6. -,
The Legislature Of every State in the Union,
and all The Judicial and executive officers
thereof, must be bound by oath or affirmation
obligation taken and accepted they cannot in
law exist as the officers Of departments Of a
State government in the Union. There eau be
no State i,s Tic Union without these several de-
partments. That would be a curious republi-
tive and 2 Judicial department.. If there be no
such State departments 50 bound to support
the Constitution Of the United States in that
rebel region, as I know there is not, then
care not what forms and shams Of government
they may l.aye; they are hut, hut or!Eanized con
rights and can have none without constitu-
tional 6tate governments : Is there Leeis-
lature in South Carolina friday bound by oath
to support this Constitution? They are sworn
by III oath to oyertnrn it, Is therea Judiciary
in South Carolina to-day bound by oath to
support this Constitution They are sworn
by an oath to trample it under foot, Is there
today in South Carolina an Executive bound
By oath to support this Constitution? He is
sworn by an oath to destroy it.
Mr. Chairman, trust that have Is much
charity as any other gentleman; but, sir, I
will stand up in his place and deny the right
Of the Government to provide speedily and IF
ftcsiyc]y for the administration Of justice in
the rtyoltcd States, commits crime which
would require a charity broader than the char
i:y Of the Gospel to cover: BE is ina condition
to strike hands with the rebels themselves. Is
nothing to be done beside sending conqucring
armies to burn and destroy as they go? That
is a necdfu1 thing; Tut would also send the
vhite-Iobed ministers OF justice. I~ouIl put
them into the deserted temples Of justice,
and place in their hands the sacred places, and
bind them By an oath to do equal and exact
justice to 11.e poor and the rich, and the stran-
| ger and the citizen.
| These rebels have destroyed their respective
| State constitutions. State constitutions can
| only originate by the act Of the people in the
several States, and by them they may be de-
| slroye3. They lave broken down their State
| government; they have no Legislature which,
/ to-day, under the Constitution Of the Uuited
t Statts, can rightfn}1y impose 3 tax upon any
man or any lEl.'s property, within their lin
| its They E:rc 10 right to le1.;islatc ut all.
| They are simply traitors, wearing tic robes OF
| Office. There is no State government III South
| Carolina, nor in Florida, nor in Texas, MOI
in Louisiana nor in Mississippi, nor III Ar.
KANSAS nor in North Carolina, nor in Ala
batoa, :'nr in Georgia, nor in Tennessee, noz
/ J> -,
| titled TO Z moments consideration. would
| like to see the man, if there he such State
rights man, riec here and sag that the Iegisla
I ture OF South Carolina, with the oath Of trea
sen fresh upon their lips not to support ti,e
Constitution, but to overthrow it, haze thu
enact lax affecting he life, liberty, or proper
tt Of any citizen Of the United Slutes. The
powers OF the Federal Government i'll the terri
Tory Of Sonth Carolina are, in the absence Of
| constitutional Ssate government, AS exclusive
and general as they :;re i'll the District Of Co
| 1u1nbia- Why so: Because throughout tht
limits Of the Republic the United Stltcs Gov
crn1acIt has exclusive Legislative power save
| where there is a constitutional State govern:
mcnt. Otherwise the Constitution and Gov
eElllnent could not he maintained, and tht
great end Of the Constitution carried out.
What is the end Of the Constitution ? 1t;
! first and chief purpose is 10 protect The 1oya
citizens Of the United States everywhere il
| their iiveE liberty aud property. Tie citiztps
! Of every State now in tue Union, and all who
| were citizcus in The original States now dis
solved by rcbellion and truason. are citizan'
of the TJnitnd States:. Il ihe Constitution Z,
Ike United Statcs SO weak IN Invention t1,at
in The ahscnce of a State pnvcr1,ment !
cannot csta,;1ish conrrs nj Inst;ce in m,
district, or Territory within its limits far RI;
rmrrtos, of nroteciinr fIe 1,roncrtr of crar,
{oTa1 citizen and his iihertr and iife as Wrli
Would he ashamed f., ,yo fo yonr frihunc +.
4sEn thn nat}, to s,,,,,ort the Const;,nt;nn ;f
iii in nv henri ff,af + was "a weak an inven
lion that II diI not nroyid,. fnr er.s,, t3,is fiTs
dutv Of y Goyrrnn,cnt asscrt The nronos;
finn hnra ta.dor oni nhn,san,a A.
tinn- that fhe f,onst;tntion nr he 11nfte
STATES has mi sn,i on,,ls naxars fnr ~ \
t1rsc nrTnoscs within KS 1;n,;ts of ~
r,rnlted Statcs. and we nReht r. ere-r;s I
them IF wo hoTa anv resnnct r. thc oat1,s -,
have taken 'A"'~ |' A-9f~' A'A '-'~ 0'''AN''
We mnEt exerc,sc these novers Until II,
nco,,|c Of The rrhcI districts now reduced +
iihc cnn3;tion AZ Tcritories hV ff,r;r own :cI
el,all retnrn to Their allrciance. md rc-estat
1isL State Goyern1ncnts u1dcr fhe Gonstitr
ton, and hind Inc several dcuart ments thercc
bv an oath to supnort the Coustitution Of tn
United States,
IHi}1 never consent sir. that Sontb ia,