Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1864-04-16
sylvania are as well known as his great ca
pacity. They are printed. | will do him
no injustice, but quote them here:

paclty. Ihey are printed. l Will do him
no injustice, but quote them here:
Others hold that, having committed treason, re-
nounced their allegiance to the Union discarded its
Constitution and laws organized distinct and hos
tile government, and by force Of arms having risen
from the condition Of insurgents to the position of
an independent Power de JdctO, and having been
knowedged as belligerent both by foreign nations
and our own Government, the Constitution and laws
Of the Union are abrogated SO far as they con-
cerned, and that, as between the two belgerents.
they under the laws of war and the laws of ma
ti0ns alone, and that whichever Power coDquers may
treat the vanquished as conquered provinces, and
may impose upon them such conditions and laws rs
II may deem best.
Again he says:
Is the present contest to be regarded as a public
aear, and to be governed by the rules Of civilized
warfare, or only as domestic insurrection, TO be
suppressed by criminal prosecutions before the
Of the country? .
/ need not tell the House how the member
from Pennsylvania answered this question.
He founded upon it his argument in favor
of confiscation by the laws of nations and
of war. He quoted from Judge Grler to
prove tho war public war, and not do
mestic insurrection. He constructed an
argument to show that this was not con-
test with individuals, but with States
known under the corporate name of the
Confederate States" He held it to be idle
to regard individuals as making war. "War
is made" said he, "by chartered or corpor-
ate communities, by nations or States"
When an insurrection becomes sufficiently formi-
dable to enttle the party to beligerent rights, il
places the contending Powers on precisely the same
footing as foreign nations at war with each other
Noone acquainted with the magnitude of this con-
test deny to it the character Of cfUN odr For
maintained their declaration of independence by
force Of arms.
What, then, is the effect of this public war be-
tween these belligerent these foreign nations Be-
fore this war the parties were boynd together by u
compact, by a treaty called Constitution They
aly binding on each. This war has cut asunder all
these ligaments. abrogated all the obligations.
"What. then, is the effect of this public
war between these belligerent, these toreig,
nationS" Foreign nations! Foreign? Why?
Because not under our Constitution, but
alien from it by the maintenance of their
independence by force of arms. Nations?
Having all the autonomy and independence
of belligerent power in Europe. Yet for
these sentiments, who had the courage to
question, censure, or propose to eXpel the
gentleman from Pennsylvania? Ah! he is
a Republican, and has dispensation from
the higher powers to recognize by his logic
(Which my colleague unhappily followed)
the existence of the South as a separate ma
ton. lie is the leader of that side of the
House, and may debate without question
these momentous issues. My colleague
[Mr. Long] followed him in his premises,
although lie drew another conclusion. The
only difference was between Democrat
and an Abolitionist.
Now, ask my colleague Mr.. Garfield
whether he did not vote for gentleman in
Cor hA ha1I ba
same doctrine of recognizing the Southern
Confederacy? / refer to Lieutenant Gov
ernor Stanton, who announced that doc
trine on this floor. He never was expelled
for it. No one sought then to abridge his
free debate. l heard his remarks. l will
send them up to be read before my col
league answers the question.
Mr.. GARFIELD. If the gentleman will
allow me, they can as well be read after
wards.
Mr.. cox. Let them be read now.
The Clerk read as follows:
Mr. Speaker, when there were fifteen slaveholding
States acknowledging allegiance to the Federal Gov
ernment. and therefore having in their. hands the
power to protect themselves against any invasion of
their rights on the part Of the Federal Government,
it was matter of very little consequence whether
such an amendment az that was Incorporated in the
Constitution or not But the state Of the country is
now radically and essentially changed. Seven or
eight States now deny their allegiance to the Gov
ernment, have organized separate Confederacy,
and have declared their independence of this Gov
eminent. Whether that Independence is to be main
tanned or not is with the future. If they shall main
tain their position, and sustain the authorities there
for year two to come so as to show that nothing
but war Of subjugaton or conquest can bring them
back, for one, am disposed to recognize that inde
pendence-C Congregational GLOBE, February %, 1861
page l,2S5.
Mr.. COX. / will now yield to my col
loo 70 hot tl,ar ha did or x,ofn g.,
that man as Lieutenant Governor of Ohio
afteritwas known throughout the State that
he thus favored the independence of this
Confederacy?
Mr.. GARFIELD / answer my colleague
that l did not vote for that gentleman
nor for any candidate on the ticket that
fall, for the simple reason that was in the
Army. If | had been in Ohio should have
voted for that gentleman, and do not ex-
cuse myself on any other ground than the
simple lack of being present at the time of
the election.
Now, allow me to say that there was
large class of men on both sides of the po-
litical questions of that day who in the be-
ginning of this war felt doubt whether it
was not better to let these people alone for
a time, hoping that reason might return
them by delay. There were others who
said 'we cannot leave them alone;' and to
that class belonged number of distinguish
ed gentlemen in the parties on both sides.
That is one thing. But now, after that ques-
tion has been adjudicated, after the great
American people has determined on war
and determined on putting down the rebel
lion, after three years of war have passed,
and when we are almostin the hour of day
light and victory, to arise now and throw
up the contest is treason.
Mr.. COX. Mr.. Speaker, only asked the
gentleman to answer my question, not to
go of into definition of what is treason
In his Judgment. | would rather take the
constitutional definition of treason. do
not think my friend takes the Constitution
as his authority, for he has said twice on
this floor that he would oyerleap that Con-
stitution. When you talk of treason, and
in the same breath talk of overlapping the
Constitution, you are the traitor if there be
such traitor in this House.
Mr.. GARFIELD. viii the gentleman
tell me what question it is that he desires
shall answer? d3
Mr.. COX. do not ask the gentleman
any more questions. am satisfied with
his position. 1t is enough that l have shown
that he is not the man to vote for the expul-
sion Of any member for expressing senti-
ments in favor of the recognition of this
Southern Confederacy. 1t Is not for him
who would have voted for a man who was
in favor, in advance of war, Of the recogni-
tion of the Southern Confederacy-andw who
thus encouraged the rebels to proceed in
their rebellion when it was in its bud-to
raf1nnf uy,nt1 lc<antIay,ron ~, this o,da nf tha