Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1865-09-06


ie:;-l e. make "a minority oi al ihr mem
pers oi ti!c House of Representative, ~
riudiu. representatives from tie riyyvu
,lisloyal States, we still have been acting
laws have been passed, armies has.
been raised, public debt has been inc,T-
red. bonds nave been issued. upon the
principle that "a quorum Is Il majority OF
the representatives, from the loyal State.
Ninety -iour instead oT one hundred tnd
-Ightcru his been ihc recognized quorum.
II tuc Tnirty-eighth Congress. We have
acted upon the principle that Hose vino
we're NOT present. vino were yoluui':ily
.hsent, were not 10 Ue considered Or cOu
suited ut all; and IN the same manner,
gentlemen, we shall bc obliged To act i
naily IN reference - the amendment ~
the Constitution. TBare are !s,snty- FIVE
iuvui Starcs IN the Union, t.srSGre eleven
,iisloyal States. that have not been repr.-
,ented in either branch OF Congress l"i
four years: tins ira-t Itd ue;tIrr COVER
nor nor luurn .Gr l-~,>tut"I within tne-Y
limits sworn 10 support the Constitution
Of the United state, bat, on the either
hand, all their States 3Hd local officer
nave taken an cath, ahiming the ConsIi
tution 81 the United Statee. | wish, IN
the beginning. tn aSSaIl the doctrine than
these states, because they were once
States Iu this Onion: are still States in
this Union. We assert that they hav,
ceased To exist. and think | can show
YOU how tnoy nave ceased TO exist. Con-
slider first. now 81 State is created. IL l.
created. a. you all know, by the will OF
the people within lis limits How was
Massachusetts created? BY an assembly
of the representatives, Of the people c.
the State forming Constitution, submit
ting it TO the people, and when the Con
stilutiou was ratified. by the election Of
yiilceTs under it. They did not Weld 10
external power or external authOFity.-
State, aS political organization, is the
product, the political product, of the peo
ple within its limits: it cannot b.. Crea-
ted, it never can be created, by any ex
ternal force whatever. But what follows !
| am, as far as this doctrine Is concerned
a State-rfghts man; not one who believe
10 the sovereignty Of the State over the
nation, nor one who believes in the riCht
Vi the smallest State IS Delaware, for ex
ample, 10 decide whether this republic
mas right TO exist or not; but | am al
those who believe that State rights are q
necessary and essential fact in the point
Ical organization and Constitution of this
country: and, wnile subject to the Su
preme authority of the nation, the States
are powerful instruments to protect lib
erty, promote the general welfare, and
secure the blessings of freedom to our
selves and our posterity.
Can a State be destroyed? | answer.
it can. TAat Is to say, its political exis-
Lence, including its organic law, can be
destroy ed,-eradicated By whom? By
people who created it. Do you say they
have no right to destroy il? | answer
in concurrence, they have no right to de
Stroy it, hut we must look at the fact, and
not at theories, nor even at the mere
declaration OF the law. The declaration
Of the law, both human and divine. Is,
that no man has a right to take his own
life: but 1t is possible for man to take
his life, and when he has taken his life
IL Is useless, il is visionary. it is insane
Tor men to stand up and say, This thing
cannot be dOne,-GoG,s 5 law IS against il. -
1t IS done; the dead body Is before you.
And 80 it Is useless to say that the ppo-
pie of 4 State cannot destroy the State,
because they have no legal right so to do
lC Is not question of legal right, it is a
question of fact.
Now. what are the facts? Take South
Carolina, for example. is she State Of
the American Union? Did she not, H.
the most suleIuu manner known tu hu
man proceedings, in December, 1860. de
clare that she ceased 10 exist as State of
The American Union? Did she not pro-
ceed, I'm conformity with that declaration
20 annui all her relations To the national
government, and to create new relations
with anuther government foreign and
hostile TO the government of the United
States? And has she not, during these
four years. sturdily refused tn elect any
man tu Office vino was known To be in
favor "f tie government of the United
States? and alter all this. do you say thai
South Caroline Is still q State of the Amer
lean Union?
What else did she do? She preserved
her State organization: hut she transfer
red her allegiance to the 50 called con
teierate States. Hence IS u political or
-anization, as q body or corporation ur
State which the government "f the Uni
ted States could recognize, she, 10y her
own act. ceased to exist. What followed?
BY the success Of our arms. We have de
Streved the State of South Carolina. that
prOiessed to allegiance to the so-called
confederate States. and the old State OF
South Carolina has not been ,eproduced.
and therefore there Is no State of South
Carolina, as a practica! organization,
which can be recognized. All men, |
think. when put to the test, will admit
IL. If Mr.. Rhett, or any other man from
South Carolina, were 10 come to the SEN
ate OF the United States and say. South
Carolina is a State in this nation: | have
been duly elected by the legislature Di
that State: / ask for my seat would
he not be rejected? and for this reason
that South Carolina, at the present mo-
ment in the judgement of every body,
has not that immediate, and distinct, aud
unquestiOned, and unquestiOnable right
TO be represented IN Congress. that per
tains TO New York, OF Pennsylvania. or
Ohio. What | ask of the country Is TO
accept this fact, that the political "rgaui
zation known rs south Clraliu8 has ceas-
ed to exist by the will of the people who
first created, and from the first until
1860 sustained that organization as one
of the States OF the American Union
people and territory, are out of the Tn
ion? that they have .seceeded? by nc
means. The jurisdiction and authority
which the national government originally
had over the territory and people of
South Carolina remain, and we shall e!S-
ercise chat jurisdiction and authority Just
a. far and as fast as we can. But the re
suit Is, that for the purpose of govern
ment to-day, South Carolina is blank
piece Of paper, on which may be written
a urw form of government, on which a
u..rv .5rm of government must be written
., he people of South C1rOlina. and can
be written 10y nobodOy else. What next?
what is the authority of the general gov
ernment? a State may exist by the will
of It's own people; but it cannot exist,
primarily aud originally. rs Il State of the
American Union, and indeed, IL cannot
exist at all as a State of the American
Union, except 10y the consent of the rep
resentatives of the existing government.
Therefore, when South Carolina has
formed her government, and asks for the
admission Of her senators and Tepresen-
tatives into Congress, it is then for the
representatives of the existing States and
of the people of the Union to say wheth-