Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1865-09-01

ton. j Woulu itaNe tnb QutsuOu W buuthEo
10 the States because the Constitution leaves
il there would recognize the right Of the
Southern States to their old position in the
Federal system, instantly, without delay,
without experiment, without condition, save
only that they acknowledge the supremacy of
the Constitution aud admit its provisions to
be the binding rule of the State and Federal
action; and this becauge the Constitution
oreates confederation 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 ordi-
nance Of secession was invalid, it was utterly
void, imperative for all purposes, ineffective
upon either the people or the territory, either
| in their relations to the Federal or State Gov
ernment They also agreed that IL il were
valid. il severed the tie which bound the
State TO tho Union The State resumed the
delegated powers, aud became again wholly
independent as it had been wholly sovereign.
They both agreed that the States were sover
/ eign-were ndependent-except in 80 fsr as
/ they had consented to be bound by the Con-
stitution aud that whenever they recognized
I the power Of the Federal Government as de-
/ iued by the Constitution, they had performed
/ their whole Federal obligation, and that in
no event were they subject to control or in.
terierence with the organization of their local
government, or the management OF their do
| nestle policy. The one party, however,
claimed that when they denied the Federal
mower, and obstructed its operation, armed
coercion might be used to compel obedience
to its lawful requirements. This was the
extreme doctrine OF the Federslists-this was
the theory of those who called themselves the
friends OF the Government This was the
theory on which the war commenced. This
was the theory of coercion. This was the theo-
ry of Mr. Lincoln, when he said that after q
war the same questions would exist as before
This was the theory of the Crttenden resolu.
ton and the Republican party in Congress.
This was the theory Of General Sherman
when be entered into his truce with General
Johnston. And he said rightly, that its OBJ
servance would bring peace from the Potomac
to the Rio Grande--a veritahle peace, pacl-
, fcation. Resistance to Federal authority
, 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 in-
/ tact. the functions of civil society would have
, been unim paired, the civil law would have
t been administered by ordinary tribunals, the
} ordinances of. secession would have been
repealed or treated as nullities, the Federa
, Government and State governments would
, by this tme have revolved harmoniously in
r their respective orbits, and then to the States
would be left, as they properly belong the
/ questions Of negro suffrage and new consti
3 tutions, and the relations of labor. l think
t General Sherman proved himself even more
wise in negotiation than formidable in war
: and that his craftsmanship, more than hi:
{ arms, would have maintained the Union.
B But in these latter days new theory has
= sprung into being. tits the offspring of more
|, than Yankese ingenuity, stimulated by more
i than Yankee fanatcism. 1t holds that acts
:. of secession are both valid aud inyald-valid
y to destroy the State, invalid to destroy the
o Union. The State Of Virginia adopted and
a ratified the Constitution, not as part of the
United States, not as majority of the people
q of Virginia, but in her capacity as sover
h eign State, regulating her relation to Other
i soyereignties The old Confederation had been
= practically dissolved, the new one had beer
r formed Virginia was absolutely sovereign
e and as such, gave her assentto the Fedora
v Constitution. By that act she became a mem
d ber of the Union. BY that alone-by bel
s command alone-her citizens owe obedience
1t to the Federal Government. Virginia re
IS peals that act Of ratification, and thereby en-
v deavors to secede from the Union, and L
It release herself from Federal obligations, aDC
y her citizens from obedience to Fedora
= law.
d These gentlemen aver that the act of lie
o peal does not dissolve the tie which binds lh
= territory to the Union, but does destroy it
State Government does dissolve it as a polit
ls ical community does abSolvo the Fedora
h Government from all duties, and does conie
" upon it all powers ofmRnagsment and control
1t | will not say that the gentlemen do no
IL themselves believe this doctrine, but l viii
= say that if they can maintain it, the war wa
a not for the Union, but for conquest and tn,
10 result 10 that the South is subjugated not tt
10 the Constitution, but to the will Of the North
At And then it follows that the imposition o
:, negro suffrage, of new Constitutions, o
amendments to the Federal Constitution, th
al restoration Of civil law or the continuance o
n military rule, are questions Of policy no
,e power and to this position do these gen
le tleman, most of all things desire TO reduc
,u them.
I'd Midway between these positions is the the
at ory adopted by the Administration, or, pei
Of haps ought to say, by President johnson
of BE believes that the question of suffrage bt
D. longs TO the States. He believes that the ol
n, dinances OF secession were iufallu loF ever
u purpose-utterly void--that they do not aztec
he either the territory or the people, or the Stat
40 Government, but that the officers of the Stat
er Governments, in resorting TO war BEGAN
or usurpers and by force, and in fraud, per
he verted the powers of the State to illegal end
ge that their acts, so far as executed, We're with
ch out authority, and therefore wrongiul-so IA
in as not yet executed are utterly void. Th
BY usurpation supplantsd the legitimate Cover
Of ments which lie dormant, imperative roS
M but entitled to all the powers and rights