The Cadiz sentinel. [volume] (Cadiz, Ohio) 1864-1911, 1865-02-08

/ posed of nine States would have exerteC
l7the Other States weuld have been persuade
to come into the Union, but deny that 40
I one State would baye been hound by an
qualification except that proceeding from til
! State itself The theory which the grntlt
man has explained to US lust now, an
which. as contained in his speech as printc
in the CloJc, | honestly thought, in M
simplicity, to be miSprint-.,Ais them
explains what. the gentleman means whe
| he tells It's that the Federal Constitutio
does not clothe any of the States with tn
attributes Of sovereignty. Ofcoursc it doc
Mr.. STEVENS Suppose that hin
|. States had at that time ratified the Consti
/ tuition, while the other four did not; woul
those other four have been members Of til
Union2 -;.,. p. -......, -... ..... gu
Mr.. PENDLETON. No, sir. '' ''.'..
Mr.. STEVENS, So say. But sup
pose that three-tourths of the States nov
ratily an amendment, while the rcmajnin,
fourth donot, are the States refusing to rat
ify still members Of the Union? '.. %
Mr.. PENDI.ErON. That will depen,
upQn the character of the amendment, an,
whether il is in pursuance Of the autholit.
granted .' ---'.- q
Mr. STEVENS. IF the amendmen
should pbe adopted by three-tourhs Of til,
States, While the other fourth refuse to rat
lily it, do the non-agreeing States 60 out O
the Union or remain in it?
Mr.. PENDLETON. If the amendment
be without the scope. of the power granted
legally they remain in the Union, and the
other States go out, Daughter. '...
Nobody pleteuds that the States are
clothed with the powers Of sovereignty by
tie 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 powers to day except SO far az
that Constitution, BY their. voluntary act Of
adoption, has takenth powers from them.
They do not derive powers from the FEEDER
al Government. 1t inhercs in Them, and
would like to inquire ot my colleague from
the Toledo district, VII. Ashley. if he
denies the sovereignty in the State Because
they have agreed to suspend, or. if you
please, to delegate certain powers Of sover-
eighty which would otherwise belong gt0thein,
upon, yWhat basis can he pretend. there is
sovereignty in the Federal Government,
which has not now and netcr had any
authority except that which is expressly
delegated to it by these States chem
But, Mr. sttatcl, the gentleman from
Chin fNlr A,hlcvl il led fT? Li<. anx;atv ~
p0ss tfjs a,nen,fGant into The dec1aratioa,l of W
another doctrine which ,althonph MT on :.
tiroly .novQl, is somewhat new upon this
floor, He holds to the oortriue th;tt orli-
nauces of secession dqstruv Statn Govern
nlents, but do not affect the rol.fionS of tha
States, that is, of the Territory and tbnirrol
ME 10 the Federal Government He hnlds
that an act of secession is alI $Esitctatiou hv
the peoDle OF rheir rights but not a releose
from their duties: that it DESTROYS NOT
The tie which binds them to the Union. Eut
their form of GoyernmcIit. leaSinG the slil-
ilct to the jurisdiction Of The Federal GOV.
and its absolute yoycraicnty with
all the rights Of local aoye,nnent and he
dcduccs ifom this the conclusion char the
seeding States have no yoiceon this aritid
ment. bat are absolutely bound bv it That
doctlipe was lruibulra;cd bv Senator from
Mr.. Sulnngri nearly three
wears apo in n series of rev o!utions presep-
ted TO The %euatc, and nv colleague will
that thew met with4no more
imIilignaDt rcsnon.e than from tLe hon
oiablc. abe, learned, and patriotic gentle
mon from Massachusetts MIR Thomasl
who then had scat upon the floor of this
House. tH.y# a,t# ,~
The gentleman from Ohio took the in+
stance Of Florida. Florida, owned by the
Federal Government as a territory. brought
lp from d condition Of infancy to that Of
maturity, is admitted into the Union Shall
We claim, that Flolidanav on the instant,
~ the passage of an ordinance of accession,
{ perate herself from this Union and de-
,lalc that her Union loving citizens are trai-
ors If they adhere to the Union? Does
he gentleman forget that he does not
his argument by citing the in
;tancc Of State made out Of, territory /
which belonged to tao Federal Government?
" hen Florida became State she became
State with all OF the powers and suthori- |
les, with all Of the rights, all, of the dieni
ics, all the elements Of sovereignty which |
Virginia herself had. Yet the gentleman
leclares that such a State, admitted into
his com pact by the act of the Federal Coy
lnment and Of the State itself, does not
ccufy the position OF tho original States, |
,ut that 1t more than they-iS RENTED ly |
he act of secession to a condition of pupil
lge, ard thatits people more than others
re obliged to obey the Constitution-zin |
'hoaaamendmc they haveno yote--which |
hfee-fourths of the States, States repIesen-
cd here, may impose upon them. p. = ..,lt e.
Mr.. YEAMANr5:Will the gentleman
ield to me tor a, a,momeut? ,irue.S, ,,,,.,..,
Mr.. PENDIETON.ia I will yield if. ! |;
ave time How much time have IT..
EBhc SPEAKERst Fifteen minutes XXX,
- Mr. ytPENiALEI ON / will yield 40 the |
entlelnan for a,moment. lie. will see rthe |
ecesnity for being, brief ..,.T.. .ra.la 7 81 |
Mr IEAMaN..i II, the Constitution as |
II original compact Of government Was bind |
lgioiily us,ontfioSe who did ratity It, tthc.n |
ask whether. by ratification they, did not
itc thesem2lding power to three-fourths |
+ the States? ~ '~ 'Tn, ..,,T I''' ~;