Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1864-02-13
MBUs, OHIO, SATURDAY MORNING, FEBRl

4 Jut !OtlIJtu DudCeS iOT Tile Uliue UoIng, ant
! until that Jun isdicti0n was again recovered
the citizen who yielded obedience to sucl
4 lisurped government was guilty of treason
!, provided he did not voluntarily aid in or.
& 'nizing the reb ,llion? ,asls'L lal m
II 1t is a principle Of the law of nations
founded upon both the good sense and ne
cessities Of society that protection and alle-
glance are reciprocal duties, and that when
: the legitimate Government is by a superior
force ousted of its Jurisdiction and power,
and thus unable to afford protection to the
citizens who shall thus be temporarily plac-
cailuider tile power of the usurped govern
ment, or the government in possession of
! the Jurisdiction over them, they are not, in
| yielding obedience to such government
While thus in power over them, guilty of
treason to the jurisdiction or power dis.
lplafed; and the sense Of the civilized world
twoA Id be shocked at punishment being in
Iffieth in such cases. The individual can
not q the same time be held to owe allegi-
E4ncefo two adverse and conflicting juris-
dtticns, or governments. So soon, as his
/ Goyci cinment has become unable to protect
him, and he is placed under the power and
c0pt1ol of the de facto government, his al
legi9llce, for the time being, is suspended to
the ri9htful Government, and he is govern
ed and controlled by the laws and regula-
tions of the power in possession of the jul
risdiction over him, and this results from
the principle that protection and allegiance
are reciprocal duties. This doctrine is well
settled in England, as Is evidenced by the
statute passed at the conclusion of the wars
of the Roses, and is also clearly and dis
tinctly laid down by Sir Michael Foster, and
by Lord Coke; and ''this putteth the duty
of the subject upon rational and safe bot
tom. He knoweth that protection and al
legiance are reciprocal duties" We have
also an instance in our own history on this
point which will illustrate what desire to
say. ,,g 90 ~ ~ ht n .8
During the war Of 1872 the British forces
obtained possession of the port of Castine,
and during the period that the town was
thus held by that army American merchants
residing there made various importationsI
from the British. colonies in violation of the
non-intercourse laws.
When the United States afterwards re-
gained possession of Castine, an effort was
made to enforce the penalties provided in
the nOn-intercourse acts against these mer-
chants, but the Circuit Court of the United
States held that during the occupation of
Castine by the British forces, the jurisdic-
tion of the United States was ousted, and
during such period the obligations of obe-
dience of the people were suspended; and
the same doctrine was fully recognized and
affirmed by the Supreme Court of the Uni
ted States in the case of the United States
Us. Rice "a Wheaton r., A6), to which case
call the attention of the House, and will
read what Justice Story says on this point
in the opinion of the Court which he de-
livered in that case. read from page 254:
By the conquest and military occupation of Cas-
klan A..kE E~...x L
enabled him to exercise the fullest rights osovereign
ty over that place. Thesovereignty of the United
states oyer the territory was Of course suspended
and the laws of the United States could no longer
be rightfully enforced there or be obligatory upon
the inhabitants who remained and submitted to the
conquerors. By the surrender the inhabitants pass
edunder a temporary allegiance to the British Gov
ernment, and were governed by such laws and such
only rs ii chose to recognize and impose. From the
nature of the case no other laws could be obligatory
upon them, for where there is mo protection ale
glance sovereignty there can be no claim to obe-
dience. q. 2l '1a- e. i.,....i. flfr'r'l
If the present unfortunate war is to be
controlled by the principles of the laws and
usages of nations, then this decision is in
point, and will show how unfair and unjust
1t is to impose the conditions named in the
Presidents late proclamation on that large
class. of citizens who have the eright to claim
the principle" shat protection and dallegiance"
are reciprocal duties; and this view of the
question, Mr.. Speaker, is, / believe, entitled
to additional weight and consideration from
the fact that at the time of the organiza-
tion of the so-called Confederate Govern
ment there was large portion, if not an
actual majority, in all these States except
two, who were for the old Union and op-
posed to secession, and who, in the absence
of the power and protection of the United
States, were forced by the condition of things
~ 80 ;,, akf to1
And shall these men, thus abandoned, be
required to subscribe to oaths to support
the emancipation proclamatiOns, and sub
NIT to humiliating conditions? am
& Is it the part of wisdom and true states
manship to attempt to enforce such terms?
Sir, it seems to me that mere statement of
these facts is quite sufficient to show every
fair and candid mind how unwise and unjust
the Presidents proclamation is upon this
class of persons.
But, sir, the plan of the President is also
unjust and unfair to the Northern States,
because 1t not only tends to prolong the war,
and thus increase the burdens of the people
of these States, but it also proposes to vest
the political power in one-tenth of the num-
Der of citizens in the States in rebellion who
voted at the presidential election in 1860.
Sir, this would require the continued pres
ence oil an army III eacn OF Une OCaCeS 10
protect this minority from the large major
ity, and would effectually place these States,
thus organized, under the control and in
fluence of the military power, and there is
great reason to apprehend that they would
be used and controlled as mere political de-
Tendencies by the party exercising the
power of the administration of the Federal
Government in controlling the elections and
legislation of the nation. Thewhole scheme
is incompatible with our cherished system
of free government and is fraught with
grave danger. ~" tS4N y
If these States are considered still in the
Union-ahd so I regard them-I ask by
what power or principle does the President
assume to organize civil governments with
in their limits or interfere with such organ
izations? Certainly, under the SConstitu-
ton he has no such power, and under the
war power, which seems to be so enlarged
as to include everything this Administra-
tion may desire toS do, the President can
claim no authority to interfere in the civil
organization Ct States, because SO soon as
the armed resistance in the State IS over
come, the people subject only to the Con-
stitution of the United States and the laws
passed in. pursuance thereto, must be left
free to regulate their own internal concerns;
and any other principle would destroy the
right of. free government. ~ y
But on what principle is this one tenth to
be represented In Congress; and how many
electors for President and Vice President