Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-01-30

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
would like to inquire of my colleague from
the Toledo district Mr.. Ashley,1 If he de-
nies the sovereignty in the States because
they have agreed to suspend, or, If you
please, to delegate certain powers of sover-
eighty which would otherwise belong to
them, upon what basis can he pretend there
is sovereignty in the Federal Government,
which has not now and never had any all-
thority except that which is expressly del
egated to it by these States themselves.
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, lis somewhat new upon this floor.
He holds to the doctrine that ordinances Of
secession destroy State governments, but
do not affect the relations Of the States, that
is, of the territory and the people, 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 subject to the
jurisdiction of the Federal Government and
its absolute sovereignty with all the rights
of local government; and he deduces from
this the conclusion that the seeding States
have 70 voice on this amendment, but are
absolutely bound by it. That doctrine was
promulgated by Senator from Massachu-
sets MIR. 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, learn
ed and patriotic gentleman from Massachu-
sctts Mr.. Thomasl who then had seat upon
the floor OF this. House.
The gentleman from Ohio took the in-
stance of Florida. Floritla, owned by the
Federal Governmentas Territory, brought
up from condition of infancy to that 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 de-
clare that her Union-loving citizens are
traitors if they adhere to the Union? Does
the gentleman forget that he does not
strengthen his argument by citing the in
stance of a State made out of territory
which belonged to the Federal Govern
ment? When Florida became State she
became State with all of the powers and
authorities, with all OF the rights, all of the
dignities, all the elements OF sovereignty
which Virginia herself had. Yet the gen
tleman declares that such a 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 re-
mitted by the act of secession to condition
Of fpupilage, and that its people-more than
others-are obliged to obey the Constitu-
tion-in whose amendment they have no
vote-which three-fourths of the States,
States represented here, may impose upon
them.
Mr.. YEAMAN. viii the gentleman yield
to me for moment?
Mr.. PENDLEToN. / will yield if Ihave
time. How much time haveI?
The SPEAKER. Fifteen minutes.
MIR. PEHDLEToN. will yield to the gen.
tleman tor a moment. He will see the ne
cessity for being brief.
Mr.. YEAMAN. If the Constitution as an
original compact of government was bind
ing only upon those who did ratify it, then
| ask whether by ratification they did not
give the amending power to three-fourths
of the States.
Mr.. PENDLEToN. have been endeavor-
ing for three-quarters of an hour to answer
that question.
Mr.. YEAMAN.. 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 it
cannot be done except by the consent of all
of the States bound by it.
Mr.. YEAMAN. That brings me to the ques-
tion L wish to ask the gentleman, and that
is, to point out specifically where the power
to amend the Constitution is to be found?
Mr.. PENDLEToN. The doctrine of the
gentleman from Ohio, Mr.. Ashley to
which have just referred, is as large in
its operation, though | think hard
ly as logical or conclusive, as the position
taken by the gentleman from Pennsylvania,
[ Mr.. Stevens.l That gentleman is famous
more for a sledge-hammer power of logic
than for its scholastic accuracy.
He says that we are in condition of war,
and that war absolves all compacts. 1t 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
imposed by the Constitution
and, therefore, he told us, and with an en-
phasis we could all understand, that no |
State should be re-admitted into the Union
unless it 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 be 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. "Frac-
a in uno tracta in omnibus" Let him be
,areful lest he may find that it will dissolve |
lie tie which binds these Northern States
me to the other, and they be remitted to
heir original position Of independence.
let him be careful, lest when the passions
# these times be passed away, and the his
orian shall go back to discover where was
he original infraction of the Constitution,
e may find that sin lies at the doors of
thers than the people now in arms.
Mr.. JENcKEs. May interrupt the gen.
leman to ask him question? =
Mr.. PENDLEToN. Certainly, If the gem
leman will not consume too much of my
United time. hfGtN rtfaevfsal
Mr.. JENCKEs. l understand the GENTLE
IAN from Ohio to say that when the history
{ this time should be written that the sins
{ and the cause of this rebellion might be
lid to the doors of others than those who
re now in arms against the Republic | I,
TX him in the presence of this House and
the American people, at whose door that
N shall be laid, wherein that sin consists,
nd by whom it was committed? Let the N
entleman place it on the records of the
istory of this country.
Mr.. PENDLEToN. lam not surprised that |,
lie gentleman is touched by what have ,
lid upon this subject. 1t might be he mis-
somewhat the exact force OF the ,
ords used. But there have been in the ,
of the gentleman, there have I