Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-06-29
CDbio ,Statesurarr.
REgTORATION,,,C
Concluded from 1st page.)
6concluded rom lst page.)


lnast lessen their Representative power In
Congress or their influence in the Presiden-
ti0lelection; and they may. therefore, sane
tibnf It. The very inequality OF Its oper-
alton HDani the State, renders the measure,
im0uropinion, most unjust, and, looking
t0tbe peace aud quiet OF the conptfy, most
inpollfic. The mode advised Is also with.
OUT precedent Whenthe Constitution was
adopted it was thought TO be defective in
not sufficiently projecting certain rights of
the Statts aud the people. With aView Of
supplying a remedy for this defect on the
4tb of March, 1885. various amendments, by
a resolution constitutonally passed, W. re
submitted for ratification to the StatI S.
These were twelve In number; Sew
eral Of them were even less in
dependent OF each other than are those
recommended by the COMMITTEES, But 1t did
not occur to the men of that day that it was
right tolforce the States to reject ALL Each
was therefore presented as a separate article.
The language Of the resolution was "that
the following articles be proposed to the
Legislatures OF the several States as amend
ments OF the Constitutions of the United
States, all, or any of which articles, when
ratified by three-fourths of the said Legis-
latufSs, 10 be valid 10 all intents aud pnr
poses "a pats OF the the ConstitutiOn."
That Congress was willing to obtain either
of the submitted amendments; to.geta part
II not able to procure the whole. They
thought and IN that we submit they but
coniormed to the letter and the spirit Of the
amendatory clause OF the Constitution
that the people have the right to pass sew
erallv on any proposed amendments. This
course Of our tathers, however, Is now de-
nartel from, and the result twill probably
b6othat no one of the suggested amend
ments, though some may be approved, will
be,ratifed, This will certainly be, the re-,
ultunless the States are willing practically
toreiinquish the right they have always
ehj0yed, never before questioned by any
recognized statesman, and all-important to
their interest and securityzthe right to
regulate the franchise in all their cleo
tions.
There are, too, some general .observa-
tions that bear on the subject, TO which we
wtllnow refer: First, one of the res0lu-
tions of the Chicago Convention, by which
Mr.. Lincoln was first nominated for the
Pies dency. says shat the maintenance, in
vicl lie,unf the right Of the States is essen
ti4l 20 ofhe balance of power on which the
prosperity and endurance of our political
fabric depends" In his inaugural address
OF the 4tfl OF March, 1861. which received
the.aImost universal approval of the peo-
pIPcamong Other things he said ;T''No State,
of its own motion, can lawfully get out of
the JniOu, 7 aud '.that In view of the Con-
stiUution and the laws the Union is unbrOk-
en-, aud to the extent of my ability l shall
take care. as the Constitution itself tx
pressly enioins upon me, that the laws of
the Union be faithfully executed in all the
SEates.'' q Second, actual conflict ensued.
The South. it was bplieve1, Tnisapprehend-
ed the purpose of the eGovernmentin in carry
ing it on. and Congress deemed it itimpOrb-
ant to dispel that misapprehension by de-
claring what the purpose was. This was
done irl July. 1S61,-by their passing the
Crittenden resolution. The vote in. the
House was119 for and Gag gainst it and in
the Senate 80 for and against it. The de
sisn to conquer or subjugate or TO euTtail
ofinterfefe in any way with the rights of
the Sta es is in the strongest terms thus dis
claimed, and the only ayowed object assert
ed to be sto defend and maintain the spirit
of The Constitution and TO preserve the
Uni n and the diguity, equality and
rights of the several States unim-
paired" Congress! too, by the act of July
l3, 1851, empowered the President to
dec by prL clamation, that the inhabi-
tants of such State or. States where the in
surrection existed, are In state of insur-
rrction against the United States" and
thereupon to declare 'sall commercial i'm
tercouise by and between the same by the
citizens thereof and the citizens of the
United States shall cease and be unlawfu,"
80 long as such condition of hostilities
shall cD1tlnue.D Here, also, Congress evil
denal1 deals with the States as in the Union,
and to remain in the Union. 1t seeks to
keep them in by forbidding commercial in
tercoJirse between their citizens and the
citizens Of the other States, so long, and so
long only, as insurrectionary hOstilities
shalltcOntinue. That ended, they are to be,
as at first entitled to the same Intercourse
with Citizens of other States that they en-
loved before the insHfFection. In other
words. In this, act, as in the resolution of
the same month, the dignity, equality and
rights'Of such States (tne insurrection end
ed) were not to be held in any respect i'm
paired.e The several proclamations of am-
i1estv issued by Mr.. Lincoln and 1fs sue
cessor, under the authority of Congress. are
also inconsistent with the idea that the par
tes included within them are not to be held
i'm the future restored to all rights be-
longing to them as citizens. A power TO
pardon Is a power to-restOre the offender
to the condition in which he was before tue
date of the ofiense pardoned, II is now
settled that pardon removes not only the
puhishments but all the legal disability COIL
se1uent on the crime. q Bac. A. b. Tit.
Par) Bishop on Criminal Law (vol. !, p.
IlOl SbdLCo buO cuilAO 0ON0iiiiOs LhO "uiASSNy
80 declared would be bita false pretense if
it be now held to leave the parties who
have availed themselves Of 1t, in almost
every particular, in the condition they
would have been If they had rejected iJ.
Such result, it Is thought, would be foul
blot on the good name of the nation. In
the present state Of the country, the ex-
citem nt'which exists, and which may mis-
lead Legislatures already elected, We think
that the matured sense Of the people is not
likely to be aseertained on the subject of
the proposed amendment by its submis-
sion Ito existing State DegIslaturcs. Ii it
shouldbe done at all, the submission should
eithersbe to Legislatures hereafter to be
elected, or to conventions of the people
chosen for the purpose. COngr IS may Sc
lect either mode, but they have selected
neither. Itmey be submitted TO- Legisla-
lures already In existence, whose members
wefe heretofore elected with no view to the
considerations of such o nlessures and it may
consequentlyidbs bsf adopted though ma
jority of the people of the States disproye of
it'd this respect If there were no other
ohieetiOus toit wBthiHkoit most objection
ab1p.al UpOA the whole, therefore, wheth er
regard be had 10 the nature or the terms of
the Consultation, or to the nlegislatiOn OF
Congress daring the fHsurrection, or to the
cOpEseInf. the judicial departments, or TO
the conduct of the Executive, the under
signed. fdently submit that the Southt
erff states Are States in the Union, and en-