Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-08-26

OuI cOnulClOl, gave only CnaC tney acKnOWl- |
edge the supremacy of the Constitution,
and admit its provisions TO be the binding
rule of the State and Federal action; and |
this because the Constitution creates a con-
federation of equal States.
Two theories have alone prevailed in this
Government from its beginning. One party
denied the right of secession; the other
party maintained it. Both agreed that If
the ordinance of secession were invalid,it
was utterly void, imperative for all pur-
poses, ineffective upon either the people or
the territory, either in their relations to
the Federal or the State Government, They
also agreed that if it were valid, it severed /
the tie which bound the State to the Union.
The State resumed the delegated powers,
and became again wholly independent, as
it had been wholly sovereign. They both
agreed that the States we're sovereign--were
ependent-except in so far as they had
consented to be bound by the Constitution;
and that whenever they recognized the
power of the Federal Government as defn-
ed by the Constitutions they had performed
their whole Federal obligation, and that in
no event were they subject to control or
interference with. the organization of their
local Government, or the management of
their domestic policy. The one party, how
ever, claimed that when they denied the
|
tion, armed coercion might be used to COM
pei obedience to its lawful requirements
This was the extreme doctrine of the Fed
eralists-ths was the theory of those who
called themselves the, friends of the Gov
ernment. This was the theory on which
| the war commenced. This was the theory
of coercion. This was the theory of Mr..
Lincoln, when he said that after war the
same questions would exist as before. This
was the theory Of the Crittenden resolution
and the Republican party in Congress.
| This was the theory of General Sherman
when he entered into his truce with Gener-
al Johnston. And he said rightly, that its
observance would bring peace from the Po-
tomac to the Rio Grande-a veritable peace,
paciication. Resistance to Federal au-
thority would have ceased, armed forces
would have been dispersed, arms and forts
would have been given up, the Federal
| laws would have been executed. On the
other hand, the State Governments would
have been left intact, the functions of civil
society would have been unimpaired, the
civillaw would have been administered by
ordinary tribunals, the ordinances of seces-
sion would have been repealed or treated as
nullities, the Federal Government and State
Governments would, by this time, have re-
volved harmoniously in their respective or
they properly belong, the questions of Ne
gro Suffrage and new Constitutions, and the
| relations of labor. l think General Sher-
man proved himself even more wise in ne
gotiationt than formidable in war, and that
! his craftsmanship, more than his arms,
| would have maintained the Union.
But In these latter days new theory has
sprung into being. 1t Is the offspring of
more than Yankee ingenuity, stimulated by
more than Yankee tanaticism. 1t holds
that acts of secession are both valid and in
valid-!Nalitl to destroy the State, invalid to
destroy the Union. The State of Virginia
adopted and ratified the Constitution, not as
part of the people of the United States, not
as a majority of thepeople of Virginia, but
in her capacity as a sovereign State, regu-
lating her relation to other sovereigns. The
old Confederation had been practically dis
solved, the new one had not been formed.
Virginia was absolutely sovereign, and as
such, gave her assent to the Federal Consti-
tuition. By that act she became member
of the Union. By that act alone-by her
command alone-her citizens owe obedi-
ence to the Federal Government. Virginia
repeals that act of ratification. and thereby
endeavors to secede from the Union, and to
release herself from Federal obligations, and,
her citizens from obedience to Federal law.
These gentlemen aver that the act of re-,
peal does not dissolve the tie which binds
the territory to the Union, but does destroy
| its State Government; does dissolve it as q
j political community; does absolve the Fed
eral Government from all duties, and does
confer upon it all powers of management
and control. will not say that the gentle
men donot themselves believe this, doctrine,
but will say that if they can maintain it,
the war was not for the Union, but for con-
] quest; and the result is that the South is
subiugated, not to the Constitution, but to
the will of the North. And then it follows
that the imposition of Negro Suffrage, of
new Constitutions, of amendments to the
Federal Constitution, the restoration of
civil law, or the continuance of military
rule, are questions Of policy, not power;
and to this position do these gentlemen,
most Of all things desire to reduce them.
| Midway between these positions is the
theory adopted by the Administration, or,
perhaps, ! ought to say, by President John
son. He believes that the question of suf-
frage belongs to the States. He believes
that the ordinances Of secession were in
valid for every purpose-utterly void-that
they do not affect either the territory or the
| people, or the State Government, but that
1 the officers of the State Governments, in re-
sorting to war, became usurpers, and by
force, and in fraud, perverted the powers OF
! the State to illegal ends; that their acts,
so far as executed, were without au-
thorty, and therefore wrongfnl-so far
as not yet executed are utterly void. This
usurpation supplanted the legitimate Gov
ernments, which lie dormant, imperative
now, but entitled to all the powers and
i rights of the States, when the usurpation
displaced them. Hence he appoints Provis-
| ional Governors to set the old machinery
in motion, and seeks pivotal point on
which its revolutions shall commence.
/ wish the President had gone further.
He would have done better, ii he had ac-
cepted Sherman's truce. He would have
done better if, when he received the sub
mission of armed forces, he had recognized
the legitimate powers Of organized State
| Governments But he has done well in this,
that he recognizes the powers of the States
| over the question Of suffrage; that he ap-
points as Provisional Governors, the citizens
Of the States, and not superserviceable pa
triots from Ohio or Observation-Disclosures he
desires the States to resume their relations
to the Federal Government as soon as pos
sible, and to be represented in both Houses
of Congress-and on those points desire
to give MIN cordial and hearty approval.
The first desire of every patriot now is
the pacification of the country, the return
to the ways and duties and properties of
peace; and this can most speedily and only
be accomplished by securing to the people
fthe South self-goyernment in their States,
and their appropriate influence in the Gov
ernment of the Union. The Constitution
will do this. 1t need only be observed. Its
provisions are all-sufficient. 1t needs no
l. a.. Il