Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1865-02-02

! -
the Union or remain in it
Mr.. PENDLEroN. If the amendment be
without the scope of the power granted, le-
gally they remain in the Union, and the
other States go out. (Laughter)
Nobody .prctends that the States are
clothed with the powers of sovereignty by
the Federal Constitution. Nor does that
instrument necessarily strip them of the
sovereign rights which they had before the
Constitution was made. The States have
sovereign rights which they had before the
Constitution was made. The States have
sovereign powers to-day except so far as
that Constitution, by their voluntary act of
adoption, has taken those powers from
them. They do not derive power from the
Federal Government 1t inheres in them,
and L would like to inquire of my colleague
from the Toledo district, Mr.. Ashley if
he denies the sovereignty in the States be-
cause they have agreed to suspend, or, if
you please, to delegate certain powers of
sovereignty which would otherwise belong
to them upon which basis can he pretend
there is sovereignty in the Federal Govern
ment, which has not now and never had
any authority except that which is express
ly delegated to it by these States them
selves
But Mr. Speaker, the gentleman from
Ohio, Mr.. Ashley is led by his anxiety to
pass this amendment into the declaration of
another doctrine, which although not en-
tirely novel, is somewhat new upon this
floor He holds to the doctrine that ordi-
nances Of secession destroy State govern
lnents, but do not affect the relations of the
States, that is, Of the territory and the peo-
pie to the Federal Government. He holds
that an act of secession is an abdication by
the people Of their rights but not release
from their duties; that it Destroys not the
tie which binds them TO the Union, but
their form Of government, leaving the sub
ject to the jurisdiction of the Federal Gov
ernment and Its absolute sovereignty with
all the rights Of local government, and he
deduces from this the conclusion that the
seeding States have no voice on this
amendment, but are absolutely bound by
1T. That doctrine was promulgated by a
Senator from Massachusetts, Mr. Sumner
nearly three years ago, in a series of rcso-
lutions presented to the Senate, and my
colleague will remember that they met with
no more indignant response than from the
honorable, able, learned, and patriotic gen.
tleman from Massachusetts Mr. Thomas
who then had seat upon the floor of this
House.
The gentleman from Ohio took the in
stance of Florida Florida, owned by the
Federal Government as a territory, brought
up from a condition ofinfancy to that of ma
turity, is admitted into the Union Shall
we claim that Florida may on the instant,
by the passage of an ordinance of secession,
separate herself from this Union and declare
that her Union loving citizens are traitors
if they adhere to the Union? Does the gem
tleman forget that he does not strengthen
his argument by citing the instance of a
State made out Of territory which belonged
to the Federal Government? When Flor
ida became a State she became State with
all the powers and authorities, with all of
the rights, all of the dignities, all the ele-
mcnts of sovereignty which Virginia her
self had. Yet the gentleman declares that
such State, admitted into this compact by
the act Of the Federal Government and of
the State itself, does not occupy the position
of the original States but that it-more
than they-is RENTED by the act of seces-
sion to condition of pupilage, and that its
people-more than others-are obliged to
obey the Constitution--in whose amend
ment they have no vote-which three
| fourths Of the States, States represented
| here, may impose upon them.
Mr.. IEAMAN. viii the gentleman yield
to me for moment?
Mr.. PENDLEroN. will yield if have
time. How much time have [?
The SPEAKER. Fifteen minutes
| Mr.. PENDLETON. | will yield to the gem
tleman for moment. He will see the ne
cessity Of being brief
Mr. IEAMAN. If the Constitution as an
original compact of government was binding
only upon those who did ratify it, then
,bo. H., a., A. 4 ,.,,, 70
the amending power to three-fourths ofthe
States?
Mr.. PENDLEToN. I have been endeav-
that question.
Mr.. YEANAN. What number of States
can amend the Constitution?
Mr.. PENDLEToN. In some particulars,
where the power is granted three-fourths
of the States can. In other particulars II
cannot be done except by the consent Of all
of the States bound by it..
Mr. YEAMAN. That brings me to the
question | wish to ask the gentleman, and
that is, to'point out specifically where the
power to amend the Constitution is to be
found
Mr.. PENDLEroN. The doctrine of the
gentleman from Ohio, Mr. Ashley, to
which have Just referred, is as large in its
operation, though | think hardly as logical
or conclusive, as the position taken by the
gentleman from Pennsylvania, Mr., Ste
vens. That gentleman is famous more for
a sledge- hammer power OF logic than for Its
| scholastic accuracy.
He says that we are in a condition of war
and that war absolves all compacts, 1t de,
prives the citizens of seeding States of then
rights under the Federal Government, and
absolves the Federal Government and tho
people of the adhering State from the obi
cations imposed by the Constitution and
therefore, he told us, and with an emphasis
we could all understand, that no STATE
should be re-admitted into the Union unless
it came back carved by the Federal Gov
ernment out Of territory conquered by the
sword.
Now, | would ask the gentleman from
Pennsylvania Mr. Stevens to be careful
how he asserts that doctrine too far. ii,
would go upon the maxim that what is bro
ken in one thing is broken in all "FrdctC
IN ll0 tiucta IN omnibus. Let him bC
careful lest he may find that it will dissolv,
the tie which binds these Northern State
one to the other, and they be RENTED t,
their original position ofindependence. lie
him be careful, lest when the passions o
these times be passed away, and the hsto
rian shall go back to discover where was tn,
original intraction Of the Constitution, h,
may find that sin lies at the door of other
than the people now in arms.
Mr. JENcKEs, May interrupt the gen
tleman to ask him question?
\ Mr. PFNDI ETON. Certainly, if the zen