The New York herald., 1862-04-17
IMPORTANT SPEECHES IN CONGRESS-.
The Conservative Policy of the
Government.
STATES CANNOT COMMIT SUICIDE.
What Shall be Done with the
NegrOesl
de-, de-, &c.
Con fiscaiion or Rebel Property.


&e, DC, &c.
Confiscatian or Rebel Property.
When tho bill for the abolition of slavery in tho Dis
trict Of Columbia reached in the House Thursday
the 10th inst,
Mr.. wEnsyEs Of Nd, moved TO lay it aside. Lost.
The bill in question was then taken up, when
Mr. THoAAs, Of Mass, made speech, in the Of
which ho said:-The solution OF tho difficult pro-,
bems Of right and duty involved in the present Of
affairs must be found in tho careful study OF the prnc
pies Of the constitution and the just and logical appca
tion Of thcm to this condition OF things. II is by
and rigid construction Of the words of tho
constitution that the powers and duties OF Con-
gress on these subjects are TO be ascertainad
Every provision must bo fairly construed in view
Of the great objects the constitution ordained
effect and with the full recognition of the powers
sultng from clear implication, well express grant,
In my humble judgment there has been and is but
issue before the country and that is whether the
stitution Of the United States shall be the supreme law Of
the land That constitution formed by tho people of
the United States. II acts not upon tho Statcs,
through the States upon us citizens Of tho several
States, but directly upon citizens Of the United
States, claiming on the ono hand allegiance, and
living the other its protection The doctrines
the supremacy Of the national government within its
sphere and OF the reserved rights Of the States ee
menary. Between them there is no necessary conflict
Each is the complement Of the other both vital parts OF
that political system under whose admirable distribution
and adjustment Of powers the people Of the United States
most benehcent government the world has ever
known; government now imperilcd, not by reason
Of any inherent defect or any want Of wisdom or
foresight in its founders not because havo outgown
its provsions not because IL is behind the age, but
because it has fallen upon age not worthy of IL, which
has failed TO appreciate the spirit OF WISDOM pru-
dence and moderation in which IL founded. Such
being the relation Of the government or the United
States its citizens and to the States tho rst question
that arises s this relation is affected by the fact
that several Of the States have assumed by ordinances
ofsecesson (socaled TO separate themselves from tho
o n in n
which looks to separation II has careful provisions for
its amendment none for it's destruction; capacity for
expansion for contraction door for States to
come in none for old or new ones to 20 out An ordi
nance Of secession has no legal meaning force, is
wholly imperative and void. The constitution, and tho
laws and treaties made under IT, the people declar
ed shall be the supreme land Of the land tho
judges in every state shall be bound thereby anything
in the constitution laws Of any state to tho con-
ray Notwithstanding The act Of secession, there
fore, cannot change in the least degree the legal
lation Of the State 10 the Union. No provision of
the constitution Of tho United States law treaty
OF tho United States can be abrogated or impaired
thereby. No citizen Of the United States residing in the
Seeded States is, by such ordinance Of secession de-
prved Of the just protection Of or exempted from any
his dulles TO the United States. In contemplation Of
law the reciprocal duties Of protection and allegiance
unaffected After the act Of secession. ihe province
duty OF the government Of the United are
same according TO the full Of s ability as
sI inch OF its Us over OF
United States II Is the necessary result Of these
principles that State sbdcae forfeit the rights
United States the privileges and blessings OF the Union
which that constitution secures and makes perpetual.
tho unod states to the nation and the State authori
ties more impair that allegiance than county
court village constable 1t is also the plain and me-
cossary conclusion from tho principles before stated.
that State cannot commit treason. Under the con-
stitution Of the United states persons only
init treason Tho persons who for the tins b,ng hold
the Offices under State government may Individually
commit treason b the acts OF ths STATE Giccrs trans
cendng their authdry andin conflict wh the c5nsttu-
ton OF the United States, Involve in their guilt
who not himself levied war against tho tinted States
or adhered to their enemies giving them aid and com.
fort AS State cannot commit tho crime Of treason,
cannot incur forfeiture OF its powers and functions
the penalty Of treason The punishment provided for
traitors is the result of judicial trial, conviction and
Judgment How TO indrt state the constitution Of the
court the mode of trial, the form Of Judgment and pro
Of execution yet exist ia 9rsno legs Tho majority
Of the Of State cannot deprive the minority OF
tho rights secured TO them by tho constitution Of
tho United States. Some OF these rights may
be kept In abeyaDce. Their exercise may be
overborne by superior physical force. Thoy may
sleep, but it Is not the sleep OF death. They arc
integral parts Of the constitution, and only
perish when tho constitution perishos There nothing
in the doctrines OF nullihcation Or secession
disoya to the constitution fatal TO the Jnion than
this doctrine Of state suicide II is the gospel Of anarchy
the philosophy Of dissolution. Nor by carrying out this
doctrine the destruction forfeiture OF the State or
ganzaton would anything bc gained for tho cause Of
freedom Slavery exists by the local municipal law and
and hold that with the loss of the State organization the
institutions laws and civil relations Of the States perish
Wiz
conquered territory change their allegiance their rea-
zach other and their rights OF property remain
undisturbsd. The modern usage OF nations, which has
become law would be violated private property should
be generally conscasd and private rights annuliod. .
s. u.s. Psrcheman, Poters, 81; Philsmore, p. 743)
When state. wSso sGed cSas mot 70 the
therein, except under the right OF eminent do.
main, and by giving just compensation. The re.
bel States are stin members OF the Union, fore.
going for tno It's privileges, but subject It's duties
bound TO It by cord which tho sword Of successful
revolution can IA, alone sever. What then It may DO
The Is II Is rebellion OF citizens Of tho Unsd
States against the government OF the United Sates
organized effort to subvert and overthrow its authority
and establish another government In Its stead He
only Is the enemy OF the United statos who Is commit
syfpa ad and ccmsr to those who do The Iova al
faithful subject Of the United States wherover the
81! Of his country ho may have hts home is not tho
enomy Of his country. No subtety OF logic, ings.
nuity Of legal construction misapplication OF tho
avs Of international this contest change the
nature Of things, convert loyalty treason or
tcotion into hostility II there be to-day in TENNESSEE
Georgia, South Carolina loyal subject OF the
ned states "faithiu among the faithlcss found tho
80 0gernment Is not at with him. While using the
and appliances OF FOR the purpose subdung
the rebellion by means acting without tho pale
the constitution. We seeking domestic Tranquil
Inv by the sword tho constitution has placed In our
hAlds In the path Of war; as of peace the constitution
is guide aud our ght-the cloud by day, tho pillar
are by nigL Tho recognition OF tho "bclligcrent
rights the rebels by foreign Powers can, between
the sovereign and his subjects, have ohor further
oifCct SuCn KNOWN 10 law oil naODS)
proceeds upon tho ground that the revolution s
complshcd, and that the connection Is not dissolved.
Had this been dono the recognition would have been Of
their separate national existence. In my humble judg
tho seccded Stales called and tho people OF
oee states to-day integral parts tho Union over
whom when tho conflict OF ceases the constitution
OF the Unsd states, and tho laws made under it, will
resume their peaceful sway. Traitors may perish
some institutions may perish, tho nation will remain
and the States Will remain essential parts Of the boiy
polite. 'Thc body Is one, and hath many members,
aud all the members Of that body being many are ono
body" with this brief and imperfect development Of
the principles involved In this great controversy pro
ceed direct consideration Of tho subjects Of
confscation and emancipation.
No purpose, however humane, bcncaccnt, or attrac.
tivc divert our steps from tho plain straight path
OF sworn duty. What is writ Is writ. In seeking To
change IL by force OF arms we become the rebels we
striving to subdue. Tho people do desire bitter
and remorsoless struggle over tho dead body of tho
constitution wo may raise armies and navics and povr
out os water tho treasure and obood OF the people,