The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1866-02-15

Senate in reference to our relations to these verv
communities
Sir, what was the reason why Mr. Madison and
Mr.. Hamilton thought the United Statse ought not
10 make war upon state? They were in conven-
uon 10 frame constitution for the purpose of Sc
curing more perfect Union What was the imper-
tecuon In that Union? 1t was that the laws OF the
Federal Congress were addressed lot to the people
put 10 the states, and the states sovereign that
they mad the right to pass upon validity of those
laws and to obey or disobey them as they pleased
Whenever, therefore, Congress enacted iaw which
any state dld not approve il refused to obey and
When one state disobeyed one law it was made the
pretext for another state dfsobeying another law
Wmen was Unsatisfactory to it. 70 amend these diff
ncutles was the purpose OF the convention A great
many propositions submitted to it. one of
Whlcn-and if remember arig lit it emanated from
view Jersey pelng Offarfd Dy AIR. gPatterson-pro-
posed to let the states still remain sovereign but
TO empower the Federal Government to enforce any
laws II might pass by war whenever state refused
TO OBEY law OF congress, that be declared
against that state let it refuse obedience at the
peril of war Against that proposition Mr. Madison
/ ana Mr. Hamilton exclaimed. They said We cannot
| MAINTAIN union where war is an organized means
an ordinary means OF executing the laws; the
eighty OF the several states must therefore be aban-
| uoned; you must not lave union of sovereign
| states put you must have union OF all the peo-
pie within all the states, and you must have gov
eIhleht ior me guidance and control of those peo
/ pIe limit its powers you please, but whatever
power you give that government must be exerted
| against every individual alike; its commands its
precepts, must be addressed not to the states but
TO the people. That is what was called the national
plah, ana that Is the plan which was adopted Con-
/ !.
lsted before the constitution adopted. but sub
ordinate as they stand to-day. rs rss#
true, the supreme court mas said that war cannot
DC declared against state; and senators will just
cast their eye upon any state in the Union they
VIII see the reason why war cannot b. declared
LOOK at the State OF Ohlo what makes the state
OF ONO. There Is q people existing within certain
boundaries, clothed by the constitution of the United
| states with certain powers, among which are the
power TO Choose by certain districts to be prescribed
by herself, representatives and senators to state
gsiat!re 70 enact laws for the government of the
people In reference to such matters LETT under
tne cohtroi OF the state; authorized by this same
constitution TO choose Governor TO execute those
laws authorized by this same constitution to APP
point the Judges OF courts, interpret laws and
apply tnem 10 the right OF Individual There is tie
9ate OF Ono. " ilie size ~taInI7 withIu INA.
ron she ls only exertIhG powers which some
body mnstexert wni IL tie people If Oh,u do
NOT exert for Themselves mnst be exersed by
@ameoody else tor hem and they are powers
| rh3ch by the cnnsti uttop, are excluded from
BE authority az Congress There il a mere ag-
II ,reghl"n OF people la ger han county, and
van pnwers more S2ieD i've Than thuss OF ii
county, but siiil lmIed, cir SuniEciibed by The
ennsllutlOn OF iie Quilted Staos The g ia moth
oE but people with iheae ,.rer,gatives; there il
hn power; There ls - force; here il nnau1hnt-
tty; mere 10 He'ler M aruiy nnr a n3vv, nor
he night Il create an army or "a navy Z 's.t
\ ow IeI me why shuud "ungfeea declare war
against Safe like that 81 ObIn? Woat is
there (" hght? Yon might 80 well marghal
rro"ps against vHpor; there is no force there 10
sell might as well lead Inc enlnmns At HIS liam
els upon the earth while j. - pursuing its course
IN lis own "r'ir, as for he Umi'ed States - de-
care war egslHst HE State II mo, ~ apaiu.f
any other Safe, Tong ts il confines it-eh ia
; he Fpe'e preSer bed 10 il b> The supreme law
| "t the laud. Bat, str, when the earth steps out
| ut It's ORBIT, there l. APT 10 be collision, and
when ) ate steps out of its orb; n d cea es tn
/ e the organZnt II which the constitution pre-
| SERIES, there may be q collision, as there has
he he had uod 4.
OF the eleven distr CTS which constituted Whist
we call The seceded States. Ii the suure.ne
court mean I" soy, or ii the Senator from MARY
: land means that me United ) aies cam n max 9
war upon any State, must insist thai they have
been very much mis- AIKEN during the last f,,,u
year. We can make war upon every State
nn the face of ihe earth except q State which /,
pursuing lis course, whcA Is d scf,arging its d..
: ~ which Is meeting It's Obligations az pfe.cyiu.
ed To II by the constitution of The United STATE
While It - within that orbit, il is safe 4 i. nr.
D eccd ) all the laws Of the land are tjrosr
A, "uhd u II Is hS sale a. the war powers of III.
ohheo STATES, as am when | sm going from
:, my q" a'0lhg house 10 The Capitol; The leapie
az regafeu into a SInte are az safe a. any ind
: vlGuAl IN aiiy OF the Slater il against the wa,
e pn"els "fthe United sia'e-; there IL no NOR,
t occasion TER making war, aud 20 more rIpht il
make war upon them than there i. upou Nm i,
! olfldual And SO, sir, ido not SAY and n =.
. er commended. ahd l never thought tor a unoy,sn,
that Inc people OF these disIet- Loaf the praroo.
atlves OF the states th'r ugn tbs war which has
b peeh mace on mem, IF wbIch has been made
e upon u" by Them. hey lost IL before the WEI
r commented 80 TO epe-k they went Il, work
: ThemselVes. before WAY wae innuguraied and
took down the STATE spIrG the cuI.etit tloD Der-
tfen 70 Them sAf established another a. nm
q Re iha' wheA sac c"rr'l' uti"U PERMITS as is g
a German stare I" an American state or as is :
Il Mexican state to an American STATE
e But the Senator from Maryland next in
n sists That those State governments did moi
e destroy themselves because they did nothing
2 but enact ordinances of secession. and those
g ordinances We're illegal. conceded the othel
. day that II that had been all they did. thai
: would not have authorized Congress to pro
e vlde provisional governments for them,
pointed out what more it was that thew di.
r do; that III addition to enacting their ord
!, naces OF secession they placed every local or
e gan and tribunal under an oath not 10 srn
o port the constitution Of the United States In,
+ to resist the constitution of the Upited State
a and then they made fragrant war uno,, tb
+ United States. The issue right here, b,t Wee
the Senator from Maryland and myself il a
o broad and clearly defined ms il roujd well he
II The Senator from Me- ryla,d affirms tia
/ when the government. which represented RI
= people OF South Carolina had enacted her o,
e dinance OF secessi,n; had placed The whoI
3 local authority III the hands of oca, agent
d or tribunals which were sworn TO resist an
e. overthrow the constitution of the Unite
\ = States; which had DESTROYED and crushed on
L every Federal organism, existing within tha
a community; which had raised armies in def
j. ahce of the Constitution Of the United States
r WHICH bad made war upon our flag; whic
n had bnnbarded our forts; which had take,
I III 'ASln n 4 e
n tbat that still ;eInained an American State
1t emu titd TO the prerogatives which the Con
1t sttution coiifeIs upon All American State
e anu must be respected as such say. o
is the other hand that when thar thing VIA
y zone there was not tire vcstige Of an Aneri
: can State there; there was mt a feature TIL,
h oelohgs to an American State as detineii H.
q the constitutions; and there was scarcely
II iilah III Tie whole community who was not
! crihli'ai To- fore the law, aud ho was not on,
" 10 De respected as a COVE rior, or d Judge
$ 'r legislator OF Il state Is to he respectt q
i OUT was to be respected as the law respects
d INN, az teiOn and traitor
But the Senator from Maryland next pro
I ceeds TO argue that these States cannot b,
destroyed and that their pr. negatives CANNOT
oe destroyed, because great deal of our leg
isiatIon stall recognizes them as states. a,c
ne goes on to cite statute after statnt,
which he insists recognizes those conmnni.
, ties as existing states am bound IL sav
that upon this point he made very strouo
case; but do not think he m ldr So stforg
case as he might lave made. If lie hal
prosecuted las Inquiries still further ne
would have found, not only the statutes
winch he has ciIed here but he would lave
icuhd other statutes upon our law books
which expressly and explicitly declare that
the nacst Of those communities are a,atas