New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1866-01-30


but for all time. Still be recognized the justice and
propety Of amending Tito meet changed circumstance
snd an aeiea bsd such Change
TO make an amendment Of the Constitution wise and
proper. The evil proposed to be remedied by
the pending amendment was also one t mst
slaves on which the Southern States had have
entitled TO threeffths representation numbered oU
900. That was an inequality which demanded q
remedy II eonld be found not worse tnap the e'i
itself He thought there very serious objections
10 the propOeed amendment One was that II changed
the basis Of representation from population TO some
thing else. Ii was fundamental princip,o OF free
governments shat the inhabitants all who are subjects
Of law should be represented in the enactment and sx
ecution Of the law Another Objectionable feature was
that noticed by the gentleman from Pennsyyans MI
BroomaD In regard To the meaning Of the words race
and " color" Another wss that 1t DISTINGUISHED q
whole race II portion of that dsfrsnchised
by State. That was not wise proposition: 1t held
portion Of the eolored race. He could not
help feeling that Its enactment would
be disastrous to the relations between the Union and
the Southern States and tho welfare of those States
The gentleman from Ohio (Alr. Bingham). member
OF the Committee had sad the other day that this was
the first Of series Of amendments and propositions
which that Committee would submit for the action OF
the House that regarded them all essential 10 the
safety Of the country. and that he trembed when he
thought that the whole series Of propositions might not
be adopted. .
Mr.. BIXGHAM-The remark made was that should
trembe for country il thought that this PROPOSE
ton all that the House would pass and send out to
the country. 49,
Mr.. RAYMoyp-I accept the.correcton. This. then.
was the first of series Of propositions 70 amend the
Constitution. The House was entitled TO know the
whole programme before acting on any one feature oil
it, They should know particularly whether the powers
OF the General Government were 10 be so enlarged as
10 destroy the rights which these States now actually
hold under the Constitution. He could not help pc
eyng that this proposition was part OF scheme Tor
reconstructng the Government Of the United states
on the basis frequently announced here that the
rebecus had ceased to have any Of the rights or power
of Sas that they longer existed as States OF and
in the Union, but only much unorganlZed waste
ungoverned territory and that the people thereof were
simply vanquished enemies at the sovereign WIZ and
discretion OF the conqueror. That was the tone OF
much Of the debate here. The gentleman from ONO
(Mr. Shellabarger) had taken that gr0nnd, hold.
ing that the United States must and ought to
assume and exercise local powers IN tse ooulheth
States and control the readmssion Of such States The
gentleman from Connecticut (Mr. Demlng) had DC
eared that the people Of the late rebeous States we're
yanquished enemies, whose lives rghtS ana prop
erty are at our sovereign disposal and he had taken
some credit because this Government had not enforced
the "stIictissmum jns" which such condition gave
il His (Mr. RaymOnds) position was the exact oppO
site of that He denied in toto the fact OF any such SUB
ugation On the contrary. he held that the Southern
states had never ceased 10 be States of the Unions that
they were to-day States Of the Union, entitled to al
the rights conferred upon them BY tho
and that the General Government had no more power
over them not GRANTED by the Constitution, than had
oger the States of New. England or ofthe West
(Mr Raymond) had stated in debate, some days ago,
that he thought the General Government had full power
and perfect right TO require certain CONDITIONS Ia tne
nature Of guarantees for the future.
Mr.. RAYMOND did not consider that question rs IN
the line of his arguments but bad no objection to an'
syer It. He considered that the General Government
had right TO demand gusIanties from me Rebels N
cir arms and munitions OF war but the principles on
which the Rebellion rested and they we're therefore en-
titled with certain limitations, 20 the rights given
.Io hxf haG nm =
strained by the Constitution from doing anything to
ward those States which il might not properly and
rightly do toward others. The gentleman (Sheabarge
had taken the ground that habtual obedience 10 law
was essential 10 the continued existence o. State IN
the view OF public law. end had quoted Wheaton in
support Of 1t. assuming, however that tnat nsOltus
obedience must be uninterrupted. This last assump
ti0n was at variance with what was laid down by
Wheaton who said that whatever may be the interne
constitution or form OF Government even though the
State be distracted with anarchy, IL stu suoslsts
State in the contemplation Of law until Its sovereignty
is completely extnguished BY the final dissolution OF
the social tie The mere interruption OF obedience did
moi extnguish State. There were examples OF this
all over the world where habltual obedience To
law was suspended, sometimes by anarchy some.
times by usurpation. sometimes by elSI war.
IL was so in the great French revolution Some En-
gish pubcsts Burke among them. had contended that
the social tic dissolved aud that France had ceased
10 be States but it was never 30 regarded 6y England
or the European coalition. The Mexican Empire TO-
day was another illustration There there was uSurpa'
ton There hsbtual obedience to law bad been sus'
pended and he who was regarded as It's rlghn owner
was a fugitive among the mountains; bat when Juarez
should come back and take possession OF the Govern
ment Of Mexico. would 1t DO commended that
the State had ceased 10 existl The point In
regard TO the continued existence OF the States OF the
Union was the same. suppose that In war VITA En
gland she would take possession OF the State OF Maesa
chuses and plant her armies all around Its borders
and snppose that occupation were prolonged Tor one
two or three years. would Massachusetts cease TO be
State Of the Unoni Would che not, Whenever the
usurpng power was expelled stand In her old place as
one Of the Statesi
Mr. SHgILABARGER explained that his position was
that when States ceased for the time being to be states
of the Union they could not under the system, revive
to the governing status without the leave OF the General
Government.
be States In the scope Of international law. There
never had been time that they had not government
and law and obedience to law II did not requrs oOe
State II might be Republic to-day, monarchy to-
morrow and despoism the next days but stu It con,
tinued to be State. Was there time when EnGisn9
or France would not have recognized one OF the Rebel
States as a State In the sense OF PUBIC law
Not at all They never ceased to be States;
They were States In the sense Of public international
law and in the contemplation OF the United States,
because the hsbtual obedience due from them b the
Government Of the United States only suspended
not abrogated destroyed. II they had succeeded 10
refusing that obedience permanently ana forever taea
otherwise During the war Of 1912 the British took
possession Of the territory OF Maine including the town
aud port OF Castne, aud held IL year 90 compulsory
and absolutely that the people were held BY the Courts
10 have been sbsoved from obedience TO the Government
But had Congress been called to act when the usurpa
ton was WITHDRAWN No. The State renewed It's func
tions aud went just II the usnrpation had never
existed That was precisely the position Of the Rebel
States. In the Winter Of 1860 aud the Spring
Of 1861 conspiracy against the Government
OF the United States existed in this cityi In
this House, aided by agents and co-couspira-
tors in other sections Of the country. 1t was the
duty Of the Government to take precautions
against the projected usurpation. Tho distin'
e1isbed chieftain then at the head Of the
army had recommended the stationing Of troops In
the Southern States to prevent the success Of such n
attempt at usurpation. The Government failed 70 per-
form rs duty The President OF the United States had
theory which prevented him, and even the Congress
OF that day would have refused give him the power