Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1865-02-01
= p e E G. II
HOS. GgORGS Il. PENDLkTON.
OK TIE
Proposed Amthdmeht TO the COnstltu-
ilon r0r the Abollti8n Of slavery.

. Mr. PENDLETON. II The amendmsn
BE- without the scope Of the power grshted
legally they remain in the Union, and the otL
er Stsiss 20 out Laughter.
Nobody pretends that the States are cloth
ed with The powers Of sovereignty By The Fed
efal Couaitutou Nor does that instrument
necessarily strip thsn Of the soyereign riehu
which they bad bclore the Constitution was
made. 1be States have sovereign powers to-
day except 80 Tar az that Consultation, by their
voluntary act Of doption, has taksu thoss
from them. The7 DO not derive power from
the Federal Government Il inhsres in them
and would like 70 inquire Of my colleague
from the Toledo cislnct, Mr. Ashley If be
denies The sovereignty in The States because
they have agreed TO suspend, or, II you please
10 delegate certain power OF sovereignty
which would Otherwise belong 10 them, upon
what basis can be pretend tbers is sovereign
/ y in The Federal Government, which has not
now sbd never had any aulhority except IhAt
which is expressly delegated TO it By these
Staies themselves
4 But, Mr. Speaker, the gentleman from Ohio
[ Mr. Ashley IS led BY bis anxiety to pass this
amendment toto the declaration OF another
doctrine, which although not eniirely novel. is
somewhat new upon this toOr de holds to
stroy State governments. bot do not affect the
re eaiions OF the States, that IL, Of the territory
ard the people TO The Federal Government
He holds that an act Of secession is an abdics
ton by the people OF their ri5his but not re-
lease IRON their duties that ii destroys, not
the tie which binds them 10 the Union, but
their form OF Government, leaving the sub
ject to the iurisdieiIon oithe Federe Govern
ment aud us absolute sovereignty with AL the
rights Of local government, and he deduces
from this the conclusion that the seeding
States have no voice on this am endment, but
are absolutely bound By it. That doctrine
was promulgated by a Senator from Massa-
chuselts Mr. sumner nearly three years
ago in series Of resolutions presented to
the Senate, and my colleague will remember
that they met with no more indignant re-
sponse than from the honorable, able, learned
and patriotic gentleman from Massachusetts
Mr. Thomas who then had q seat upon the
tioor Of this house.
The gentleman from Ohio took the instance
Of Florida, ownod by The Federal Government
as Territory brought up from a condition
OF infancy to that ma urity, and admitted into
the Union. Shall we claim hat Florida may
on the. instant, By The passage Of an ordinance
of secession, separate herself frem this Union
and declare that her Union loving citzens
are traitors II they adhere 10 the Union 7
Does the gentleman forget that he does not
strengthen bis arguments by citing the in-
stance OF a State made out OF territory which
belonged to the Federal Government When
Florida became State she became a State
with all OF the powers and authorities with
all Of the rights, all of the dignIties, all the
elements 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 one |
of the State ITSELF does not occupy the posi-. |
lion OF the orginial States, but that it--nore |
tn " they--s remitted by the act Of secession |
t. condition OF pupilage, and that its peO. !
ple-mOre than others-ate obliged TO obey |
the Consttuiion-in whose amendments they |
hsve no vnte-wbich three.i .iourths Of the |
States States represented here, may impose |
upon them.
Mr.. YEAMAN. win the gentleman yield
to me for a moment2
Mr.. PENDLETON. ! will yield if | have
time. How much time hayeI2
The SPEAKER. Fifteen minutes
Mr.. PENDLETON ! will yield to the |
gentleman for moment He will see the
necessity for being brief.
Mr.YEAMAN 1t the Constitution as an orig.
inal compact ofgovernmebt was binding only
upon those who did ratiiy it, then ask wheth.
er by ratification they did not give the amend.
ing power to three fourths of the States.
Mr.. PENDLETON ] have been endeav
erlng for three quarters OF an hour to answer
that question .G
Mr. YEAMAN, What number of States
can amend the Constitution
Az DEN nT ETnN
where the power is granted, three.fourlhs Of
the States can. la other particulars, il can
not be done except by all the States bound BY
it.
Mr.. YEAMAN. That brings me to the
question | wish 10 ask the gentleman. aud
that is, to point out specifically where the
power to amend the Constitution is 10 be
found
Mr. PENDLETON. The doctrine of the
gentlemaA from Ohio, Mr.. Ashley, to which
have just referred, is as large ia ITS opera.
tion though ] think hardly as logical or con
elusive, as the position taken by the gentle.
man from Pennsylvania, Mr. Stevens =
That gentleman IA famous more for sledge.
hammer power OF logic than for It's scholastic
accuracy.
lie says that we are in a condition Of var.
and that war absolves all oompacis. It de.
Prives the citizens Of seeding States of their
rights under the Federal Government, and
absolves the Federal Government and the
people Of the adhering States from the obliga-
tons imposed by the Constitution; aud there.
fore, he told us, and with an emphasis we
could all understand that no State should be
re'admitted into the UaiOn unless il came
back carved by the Federal Government out
OF territory conquered by the sword.
Now, l would ask the gentleman from
Pennsylvania Mr Stevens to DO careful how
he asserts that doctrine too far. He would
go upon the maxim that what is broken in
one thing is broken in all "Fraeta In uno
frdcta in omnibus" Let him be careful lest