The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1864-07-06

to render the citizens "incapabIe of exer-
cising political privileges" that the Union
remains, but that one party to it has there
| by lost its corporate existence, and the
other has advanced to the control and
government of it.
Sir, this cannot be. Gentlemen must
not palter in a double sense. These acts
| of secession are either valid OF they are
invalid. IF they are valid they separ-
ate the State from the Union, il they are
invalid they are void, they have no effect;
the State officers who act upon them are
rebels to the Federal Governments, the
States are not destroyed their constitu
tions are not abrogated their officers are
committing illegal acts, for which they
are liable to punishment; the States have
never left the Union, but SO soon as their
officers shall perform their duties or other
officers shall assume their places, will
again perform the duties imposed and en-
tjoy the privileges conferred by the Fed
eral compact, and this not by virtue of
new ratification of the Constitution, for a
new admission, by the Federal Govern
ment, but by virtue of the original ratif-
cation, and the constant interrupted main
tenance of its position in the Federal
Union since that date.
Acts of secession are not invalid to de-
stroy the Union, and void to destroy the
State governments and the political priv
ileges of their, citizens. We have heard
much of the two-fold relation which citi-
zens of the seeded States may hold to
the Federal Government-that they may
be at once belligerents and rebellious cit
izens. ] believe there are some judicial
decisions to-that effect. Sir, it is imposs-
1ble. The Federal Government may pos
sibly have the right to elect in which re-
lation it will deal with them it cannot
deal with them at once and at the same
time in inconsistent relations. Belliger-
ents being captured are entitled to be
treated as prisoners of war; rebellious
citizens are liable to be hanged The
private property of belligerent, according
to the rules of modern war shall not be
| taken without compensation !; the property
of rebellious citizene is liable to confisca-
ton. Belligerents are not amenable to
the local criminal law, nor to the iurisdic
tionuf-cnnrtsC CWhich- administering re
bellious citizens are, and the officers are
bound to enforce the law, and to exact the
penalty of its infraction The seeded
States are either in the Union, or out of
it. IF in the Union their constitutions
are untoached !; their State governments
are maintained, their citizens are entitled
to all political rights, except so far as
4 they may be deprived of them by the
criminal law which they have infracted.
| This seems incomprehensible to the gen.
tleman from Maryland In his view the
whole State government oenters in the
men who administer it; so that when
they administer it unwisely or put it in
autagonism to the Federal Government,
the State government is dissolved, the
State constitution is abrogated, and the
State is left, in fact and in form, de .jare
and de tacto in anarchy, except SO far as
the Federal Government may rightly in
terfere. This seems to be substantially
the view of the gentleman from Massa-
chusetts, CMr. Boutwell,. He enforces
the same position, but he does not use the
same language:
j submit that these gentlemen do not
see with their usual clearness of vision.
IF by plaugue. or other visitation of God
every officer of State government should
at the same moment die, SO that not a
single person clothed with official power
should remain, would the State govern
ment be destroyed !? Not at all. For the
moment it should not be administered !,
but as soon as officers were elected and
. assumed their respective duties it would
be instantly in full force and vigor. II
, these States are out of the Union, their
State governments are still in force unless
otherwise changed. And their citizens
are to the Federal Government as for.
eigners, and no other, as it had in rela-
ton to British subjects in the war of
ISL, -te-tho-Mexieans -1946-
Whatever may be the true relation of
the seeded States, the Federal Govern
ment derives no power in relation to them
or their citizens from the provision of the
Con situation now under consideration, but
in the one case derives all its power from
the duty of enforcing the !supreme law
, of the land,' and in the other from the
power ssto declare war"
The second proposition of the gentle.
man from Maryland is this. 1 use his
language:
'sThat clause vests in the Congress Of
the United States plenary, supreme, un-
limited political jurisdiction, paramount
over courts, subject only to the judgment
of the people of the United States, en-
! bracing within its scope every legislative
measure necessary and proper to make it
ettectual and what Is necessary and prop
, er the Constitution refers in the first
place to our judgment, subject to no reVi-
sion but that of the people"
: The gentleman states his case too
strongly. The duty imposed on Con-
gress is doubtless important, but Congress
has no right to use. means of performing
, it forbidden by the Constitution, no mat.
ter how necessary or proper it might be
thought to be. But, sir, this doctrine is
monstrous. It has no foundation in the
. Constitution. It subjects all the States
to the will of Congress /; it places their in
stitutions at-the feet Of Congress. It
creates in Congress an absolute unquali-
: fed despotism. 1t asserts tho power of
Congress in changing the State govern