The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1866-09-26

constitution OF the United States The SEN
ate of the United States, by that constitution,
consists of two senators, to be chosen by the
legislatures of each state, the house of repre-
sentatives consists of members of congress,
chosen by the people OF the respective states
according to the basis prescribed in the con-
stitution. Hyou turn to it, you Will see
that each state, from the beginning OF the
government to the present day, has had that
right,-a right which they connot forfeit In
any manner And that right cannot be taken
from them without a violation of a fundament |
al law.
NV friend, Gen. John A. Logan. states his |
theory to be this: The people OF the exclud- |
ed states, those states that embarked IN re-
bellion against the United States government !
were guilty of treason, and forfeited their
lives and oil their rights, civil and political.
| think | state them fairly and correctly, as
he stated it here yesterday, that the people
in those states, having committed treason,
forfeited then their lives and their rights
all their rights, civil and political; and that
they can have no rights, civil or political,
until they have been re.habilitated, las he
used the expression in his Cairo speech, y
! reclothed with portion or all OF their rights
| by tho congress of the United States, at the
| discretion of congress. think l state his
proposition fairly, / deny that proposition
| in oil its points
| In the first place, / say to you that, in an
! American government, where the people are
| the source of power. the forfeiture of their
1 rights by the people to government over
| them is q thing unknown to our constitution
| and laws 1t is true, in one sense, that a
man who is guilty Of treason forfeits his life.
He is liable to be tried, convicted and exscut
ed. 1t is not true that so long as he has life.
he has forfeited any right whatever, except
those rights taken from him by IA law which
was in force at the time he committed the
offence.
According to the theory of government in
Europe, where they are ruled by kings and
esperors the source of all power IL supposed
to rest in the crown and the rights OF the sub
iect are supposed, by their theory, to be given
out as privileges from the crown and oil the
rights enjoyed by Engiishmen, Frenehmen,
AustrIans, or Prussians are rights supposed
to be derived from the crown. So was itwith
this country before the great American revo-
luton. This principle OF government by that
revolution has bsen overturned ana reversed.
The rule in America is, and am proud to
say that in6orse it, acknowledge 1t, and de-
| clare and support it, that the people are the
source of power, and not the crowned head
The people erected and constituted their
state governments, creating their state consti-
tutions as limitations OF the power OF the state
| officers The people erected and constructed
their national government, soaring above the
states for all national purposes and spread
ing ali over them, with constitution dele
eating to congress and the senate of the Uni
ted States certain specific powers, and provld-
ing that all powers not therein granted are
| reserved TO the states and TO the people. Now,
If those states have forfeited their rights
although there was no provision In the constr
tuition that, if the people of any given state
should engage In rebelllon.tbey should there
fore forfeit their rights and powers,-where
| Go those rights got Can those rights absn
den the state government and lnveat them
selves in the congress of the United States
Or do they revert to the original source Of
power. Suppose that Gen. Logan is rig ht,-
these state governments are ped OUT
where do the forfeited powers of the state
governments go-where do they go? Do they
| go u D to congress, when the constitution OF
the United States says that the government
of the United States has such and such pow
ers granted, and that those not granted are
reserved TO the states and 10 the people L IN
sst that the rights and powers that were sus-
pended and ceased to operate during the re
bellon returned 10 the people of each OF those
states the original source of power, and that
! the idea that they have been lost to the entire
; whole people is an ubsurdlty, IN violation Of
every tenet OF American law, without prece-
dent, and without authority.
| NY idea Of these things is that the ordiu
| ances of secession were void, being in viola
ton Of the constitution of the United States,
and are the same as if they never had been
made that all acts of rebellion We're merely
Iawless and all acts of war were acts of tres-
son, not shielded in any way by those void
ordinances and each man guilty of such
acts became liable Us traitor, and is subject
20 prosecution and conviction, before the
courts of the United States, for treason. This
theory upon that subject applies to each and
every individual so guilty; and the only
way, under the constitution, of preventing
the law from taking It's course, lies In the
pardoning power OF the President of the Uni
ted States. And the theory that these states
have been out Of the Union and ceased to ex
ist and the theory that the right of repre-
sentation has been forfeited but that gress
may restore 1t, Is at variance with all law
and precedent.
Where does the state suicide doctrine lead
If the state of Mississippi for instance. ceas
ed TO be one Of the states Of this Union, bel
citizens ceased to be citizens OF these United
States, and, having ceased to be citizens, were
aliens There is no principle of law better
known than that alien cannot c0mml
treason. a subject Of Great Britain canno
commit treason against this or any other gov
eminent than his own il this theory pre-
walls, these states, having ceased TO be state
# this Union, then their citizens not liza
Die to prosecution for treason aud even jeff
Davis, according to this doctrine. cannot b.
guilty OF treason, becauoe in 1864, when h
committed the offences for which De is indict
ed, be was net citizen Of the United Stater
Lau gutter.
:, That doctrine is heresg, The true one
+ which contend Tor IS, that tue ordinances Q
= secession were void that they not did ex
clude the states that they did not absolv
any citizen Of the state IF Mississippi of hi
allegiance to the United States government
D and, that allegiance resting upon them, the.
,, committed treason with every blew the,
= struck, from the beginning of the war to th
0 end, and are liable, for such oEepce, 70 b
o arsaigned indicted, tried, convicted and pun
o | ished according to law.
u And allow me to cay here, JEFF. Davis i
e arrested aud held In custody, subject to tn
e order of the court which is presided over b.
e Chief Justic Chase Que year ago, the Pres
2. ident empowered hio, to open his court il
Il Richmond and try JEFF. Davis. lie was in
J. dicted far treason For rome reason or othe
n Chief .Justic Chase has declined to do so |