Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1866-02-21

States for want of a better name. We
call them States because the origina
thirteen had been so designated before
the Constitution was formed; but thai
| Constitution destroyed all the sovereign
ty which those States were eyer supposed
to possess in reference to external affairs
l submit, Mr.. Speaker, that the five
great publicists, Grotius, Puffendorf
Bynkershock, BuTlamaqui, and Vattel
who have been so often quoted in this
debate, and all of whom wrote more than
quarter of a century, and some nearly
two centuries, before our Constitution was
formed, can hardly be quoted as good
authorities in regard to the nature and
legal relationships of the component
States of the American Union.
Even my colleague from the Columbus
district, Mr.. Shellabarger, in his very
able discussion of this question, spoke as
though a State of this Union was the
same as a State in the sense of interna-
tional law, with certain qualities added.
l think he must admit that nearly all
the leading attributes of such State are
taken from it when it becomes a State of
the Union.
Several gentlemen, during this debate
have quoted the well known doctrine of
international law, that war annuls all
existing compacts and treaties between
belligerents :" and they have concluded,
| therefore, that our war has broken the
Federal bond and dissolved the Union.
This would be true if the rebel States
were States in the sense of international
law-if our Government were not a SOW
ereign nation, but only league between
sovereign States.
l oppose to this conclusion the unan-
swerable proposition that this is a nation;
that the rebel States are not sovereing
States, and therefore their failure to
achieve independence was failure to
break the Federal bond-a failure to dis
solve the Union.
The word estate which they discuss
ed is no more applicable to Ohio than to
Hamilton county. The States and coun-
ties of this Union are equally unknown
to the international law.
There is another expression to which l
have referred, and which is used in an
equally ambiguous manner. We have
discussed the question here, whether the
insurgent States are in the Union. SIN
the Union % What do we mean by this
phrase? In one sense every inch of the
soil we own is in the Union. So is every
Territory in the West in the Union; that
it, under its authority, subject to its right
of eminent domain. On the other hand,
when some gentlemen say these States
are Gin the Union" they mean to in
clude all their relations, all their rights
and privileges, which is quite another
thing. From this ambiguity in the use
of terms have arisen most of the differ
ences of opinion on this subject
In view of the peculiar character of
our Government l ask, in what condition
has the war left the rebel States? Did
they accomplish their own destruc-
ton? Did they break the bonds which
bound them to the Union? 1 answer,
they would have done both these things
if anything short of successful revolution
could do it.
They struck at the Union through eV-
cry instiumentality within their reach
Through personal service in the army,
and individual contributions of money |
through voluntary associations to raise
men and money; through popular mass
meetings to inhame the passions and de-
velop all the power of their people =
through township, county and city cor
porations; through State conventions, |
which framed new constitutions in order /
the more perfectly to sever the bonds |
which held them to the Union; and to |
make more powerful and effectual in
strument with which to establish their /
rebel sovereignty; through State Legisla-
lures, by laws levying taxes for the pur-
chase of arms, ammunition and all the
materieL of war, by resolutions denouncing
the pains and penalties of treason against
all citizens who refused to join their
conspiracy and finally, by a confedera-
ton of eleven States, consolidated into
central sovereign government de facto,
which became the most absolute military
despotism in modern history-a despo-
tism which inundated with its deluge of
tyranny all State guarantees. all munich
pal privileges, and assumed absolute con-
troll of all persons and property within its
limit of territory. There was not a con-
ceiveable calamity which could have be-
fallen US as a nation, that they did not
with all their power and in eve
ry conceivable way to bring up US. Indi-
Viduals fought us as individuals, States as
States fought us, and if State can com.
NIT treason, each one of the sinful-eleven
committed it over and over again. They
utterly subverted the government of
their States, they broke every cath by
which they had bound themselves to sup
port the Union, they let 60 their hold
upon the Union and attempted to de-
;troy it.
What was the tie that bound them to
he Union? For example, what made
Alabama State of the Union Read
he history of that transaction. When
hen she had formed constitution for
herself in obedience to the law of Con-
yress, when Congress had approved that
constitution as republican in form, the
ollowing act was passed by the Congress
If the United States, approved by the
President, December 4, 1919: -
ResolUed By tie Senate and House of Rep
qf the United States IN Congress
That the State of Alabama shall
De one, and is hereby declared to be one, of
he United States of America, and ad-
niIted into the Union on an equal foot
ng with the original States in all respects
q
Now, Alabama may violate law of
congress but she cannot annul it. She !
nay break it, but she cannot make it :
old, except by successful revolution. !
By another act of Congress, approved
april 20, 1920, it was declared
"The all the laws of the United States !
lot locally inapplicable shall be extended
o the State of Alabama, and shall have
he same force and effect within the same
S elsewhere in the United States" .
Congress extended our judiciary sys-
em over Alabama, dividing the State in L
o judicial districts; and since that time. I
ear by year, Congress has been covering /
alabama with Federal legislation as with =
network of steel. Has Alabama brok- f
n all these bonds? She has done all she o
ould to break away from the Union, but e
he has not been able to destroy or rem g
er invalid one law of the Republic. Al. a
bama let go of the Union, but the Uni r.
n did not let 60 of Alabama. We have "
eld her through four years of war, and n
-e hold her still. When she tried to o
reak the Federal bonds we called out
billions of men in order that not one lot a
f;ffla shnf1i III r0ocs from, fbaso Io,-- g.