Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1864-02-27

The House having under consideration the
confscation of the property ofrebela, Mr., GAR
FIELD said:
Mr.. SPEAKER: had not intended to
ask the attention of the House, or to occu.
py its time on this question of coufiscaion
at all; but some things have been said,
touching its military aspects which make
it proper for me to trespass upon the pa
tience of the House even at this late period
of the discussion. Feeling that, in some
small degree, | represent ON this floor the
Army of the Republic, | am the more en-
boldened to speak 90 the snbiect before us
have been surprised that in SO lengthy
and able discussion so little reference has
been made to the merits of the resolution
itself Very much of the debate has had
reference to questions which l believe, with
all Difference TO the better judgement and
maturer experience of Others, are not ger
name to the subject before the House.
In the wide range of discussion, the va
rious theories of the legal and political
status of the rebellous States have been
xamined-whether they exist any longer
as States, ard, if they do, whether they
are in the Union or out Of it. 1t is per
hsps necessary that We take ground upon
that question as preliminary to the discuss
ion OF the resolution itself. Two the
ories, differing widely from each other,
have been proposed; but cannot consider
either oe them as wholly correct. cannot
agree with the distinguished gentleman
from Pennsylvania, Mr.. Stevens, who
acknowledges that these States are out OF
the Union and now constitute foreign
people. Nor can /, on the other hand,
agree with those who believe that the in
surgent States are not only in the Union,
but have lost none of their rights under
the Constitution and laws of the Union.
Our situation affords singular parallel
to that of the people of Great Britain in
their revolution of the seventeenth century.
From time immemorial it was the fiction oi
English law that the kingship was immortal,
hereditary, and inalienable; that the king
was "king by the grace of God;" he could
do no wrong, and his throne could never be
vacant. But the logic of events brought
these theories to a practical test.
JaEes left the throne. threw the greal
seal of the kingdom into the Thames, anc
fleeing frcm his own people, took refuge II
} France. The great statesmen OF the reaiu
took counsil together on some OF the yer!
questions which we are discussing to day
One said, "The king has abdicated;" W
will put another in his place. Another SAT-
"The crown is hereditary, We must put tn
, heir in his place." The men of books AM
) black letter learning answered, memo e'
heree viuentis," "the king is alive and ca
have no heir" Another said, eve VII
appoint a regent, and consider the king
ship 10 obeyance until the king returns
The people said, "We will have king. bu
not James"
! Through all this struggle two facts wer
apparent, the throne was vacant; an
/, their king was unworthy to oil 1t. In
t British nation cut through the entangl'
It ment of words, and filled it with a ma
y of their choice We are taught by th
. that whenever great people desire to q
thing which ought TO be done, they wi
ID find the means TO do II.
In this Government, we have thrown
the kingly fiction, but there Is anoth'
which we are following as slayshly as eve
England followed that. Here, corpor
h tions are more than kings 1t is the do
\. trine of our common law(h we may
or said to have common law that corpor
4 tions have neither consciences nor soul
that they cannot commit crimes; that the
cannot be punished; and that they are il
mortal. These propositions are being a
:. piled to the rebel States. They are corp
" rations of political character. bodies &C
porste and polite; they are immortal; al