The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-22
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houuie you Win reading passages from IT, i Ind him
dead States "hsving forfeited all their rights and
saa s% ans a
| they are, and for four years have been out OF
for four YEAR lo s 'esa parposes having been
H position therefore, Is that these States having been
s are now out Of the Unon and simply within
50 much territory be dealt with precisely as the will Of
me coaqueroI-to nse his own anguagemay dictate.
NOW, SIR that position Is correct il proscrbes us
one line OF policy TO be pursued very different from the
one that Will be proper II is His belief
territory al the proper time many wears distant retain
ing them meantime IN territorial condition, sub
jcctng them to precisely such Of discipline and
tuelage Congress of the government Of the United
states may see az to prescribe. If believe In the
not think probably might agree with the conclu-
sion he reaches But SIR ! Cannot believe that his
have been out Of the Unlou they are now out
Of the Union. cannot believe that they eyer have
they were, sir, how and when did they become soY
They once States Of this Unon--that every one
Union by the constitution OF the United States n they
ever went out OF the Union il was at some speci
lied time and by some specific act: I regret that
the gentleman from Pennsylvania mr. Stevcns) IL
not now in his seat should have boon glad
90 ask him by what specific act and at what
precise time any Of these itself Of tbs
American Unon-was IT by the ordinance OF sccessonY
think all rgree that ordinance secession passed
By any State of this Union simply nudity because It
encounters In this practical operation the copsttut OF
the United States which the supreme law OF the
land. 1t conld have legal actual force or validity
II conld not operate 10 ee-t any actual change in the
relation OF State adopting il TO the national govern
ment, sD less to accomplish the removal Of that
state from the sovereign jurisdiction Of the
sttution VI the United States. Well sir, did the
lutions of these States declarations OF their ON
Gals the speeches OF members Of their Leg satures
the utteanc OF their press accomplish the resultS Ger
tainy not They could not possibly work any change
whatever in the relations Of these States the general
government All their and an their resolutions
wora SIMPLY declarations Of pourpose TO secede Their
secession, II ever took place, certainly could not
aate from the time when thor intention to secede
nj ufa tfap ftau
proceeded TO carry II into effect. HowY BY war-by
sustaining purpose by arms against The torce which
the United States brought 70 bear against H. I'D they
sustain iy We're their arms victorious? II thew were
then their secession was an accomplished fact. II not
1t was nothing more than an abortivc attempts
purpose unfuIhiied This, then, IN simply a quesfcn
OF fact, and we all know what tho FAC, IL Thy did
by force Of arInsin other words they fas secedc
Bu, the gentleman from Pennsyvana. Mr.. stevens)
insists that they did seccdc, aud thai this fact Is not in
the least affected by the other act that the constitution
iorbs secession He that tho law forbid5 secession.
he that The law fords murder but tina; murders
nevertheless committed But there in analogy between
the two II secession had been accomplished, II
these States had gone out and overcome tho armies
that tried 10 prevent their gong out, then the pro-
hibtlon Of the constitution could not have altered tho
mnder is thus committed in spite Of the law Tho fact
Of killing essential to tho commiita Of the crime,
But in this case There was such fact think
need not argue any further the position that rebel
Of accession or by any successful VAR carried them
selves beyond the rghttu inrsd ton OF the eoDsttu
time, the practical enforce and exercise Of that
jurisdiction They rendered impossible for time for
this government 10 enforce obcd nca 10 its laws but there
haa been hour when this Con-
Or this House. the gentleman from Pennsy
himself ever conceded that those states beyond the
jurisdiction Of the constitution and laws OF the United
states. During all these four years Of war Congress
very states and the gentleman from Pcnnsyfvan has
voted for ,hcn and voted TO rase armies 10 enforce
nst,ons Why il they wero not part Of tho Unit d
Sis,esf Those laws we're made Tor them as States.
Members hsye voted lor laws mposag upon N direct
tuition only among the sesrrs states according
which the gentleman who preceded me has referred.
This Congress- has by its ton assumed and
rebellion and that IL with the rebellion
making war, ana not with tho states themselves
The gentleman from Pennsylvania cited variety Of og
cal preceeens and declarations Of principle nearly all
Of the Supreme Court pronounced by Justice
Grer, In what are popalarly known a. The
purpose ~ proving that those States In
daion Of pubic war, that they were wagin9 such
pendent, Power but careful s.ruiiny Of that
viii show that It lends not the slightest countonance
doubles recollcct the Object those
cases TO decide whether certain vessels cap
turcd in trying 10 bresk tho blockade lawful
Prize - war or not and the decision OF this
pont ,Grn.d the question whether the
Ia raging such contest justified 70 tho
modes aud usaees OF pabc war; Of which blockade was
justice Crier decided that IL wasthat 30 far ~
the purposes and weapons oil war were the two
parties we're belhg.Tcn'. and that The aovernmsns
might blockade the ports aud capture property
within The lines q NE q stre. In rebellion,
dent nation, engaged in public war; but he
said not word which could assert or imply that Il
was an independent nation, ths tsd separate exist
eacc had gon OF the sovcreignn jlrsd elton Of
the United states Tn the contrary, everything be said,
syivanis hnu-ii, mpy and precisely the oppo-
site speaks OF then. not ss soycrcigns, but claim
Stirring TO DO sersre,e from The United stacs. The
gentleman Pennsylvania (Mr. stcvensl spoke of
states ivii.ng their -lato existence by thc fact or
| rebellion. We'll, do not how there can DO such
forfeiture involved or Implied The individual citi-
thereby incurred certain penalties under the laws and
constitution of the United states what tn States
ihor,y between The individuals in rebellion and the
! government cf the United ssies which assumed,
| declare those indlvdGals traitors for their acts
The individuals in ,he States who were In rebelion
seems to me were The cn pa,'ies Mno undss sns
| could incur tbs penalties OF treason. know OF
no law know Of nothing ~ mo :, consultation institution
or established code 0f International law hitch can pun
sh stec, state, for any act t-rss perform Il Is
kind deal with States except In two
Instances such elections Of members Of Congress and
tle ~ electors II President and Vice President.
Indeed the main feature which distinguishes the Union
under the constitution from the old confederation g
this tina, whereas the old confederation did deal with
tho states directly making acquisitions upon them for
suppc and relying them Tor the execution Of It's
lave, the tuiion OF the United States, IN order TO
form perfect union mad. It's laws binding ON the
ind vidra citizens OF ~. several states whether living
IA state ia another Congress az the legislative
branch o. this mt cnacts law which thali DO
operative upon every individual WITHIN us JURISDICTION.
II IL binding upon each individual citizen, and ne
rcsists II by force he IL guilty Of crime, ana ~ pun.
ishcd accordingly, anything ia the constitution OF laws
OF his state 10 The contrary notwithstanding But the
states themselves AR not touched by tho laws Of tho
United states or BY the constitution of the United statos
| state cannot be ndgiad a slate cannot DO tried,
state canno, be hung for The Individuals IA
State may DO 80 trici aud htSgi bnt o slats az W
oyonn,zation a. an ounuc member II 100 Union still
exists whether us individual citizens commit treason "
| not. -, 80.
| Raymond1 yield 10 me moment for question:
Mr. RAys0sD--Certanly