Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-01-12
SIGNIFICANT DISCUSSION.

The House resolved itself intoa special
| Committee Of the Whole, on the State of
/ the Union, when Mr.. Latham made q
| .peech arguing that the rebellion WAS
! never limited Uy State lines, bat its au-
! thority was extended only so far as its
/ power could carry it. He therefore pro-
/ tested against the expression, States out
| IF the Union.r 1t was a portion of the
people who imaugurated a government
a~ntagOnistic to the United States. The
states Of Virginia, Tennessee and Ar
kansas were no more in rebellion when
The rebel hOrdes operated IN them, than
were the States Of Maryland, Penusyl-
vauis. Kentucky and Missouri, when
they were invaded and placed in similar
circumstances. He announced that lie
was i'm favor Of restoring State
Governments as they existed lie
fore they were 0verthrOwn by the
rebellion, subject only TO such changes
and conditions as would make them con-
form 10 the present state Of the Govern
ment. He repeated he would admit the
Southern Representative, but applicants
must be loval all the time and all the
way through, and must take the test
lath. This, however, would not be a bar
10 further Investigations. He must also
be satisfied as to whether the coustitl-
encv were sufficiently loyal, and whether
The States from which they came could
support a Republican Government in
harmony with the Government of the
United States without the support Of the
military. Each applicant for a seat
should stand on his own merits. such
As are qualified should be admitted Res
toration, he thought, had been retarded,
and the question complicated by the
HHH -a- him La-H4LNTLLL too
soon with whitewashed rebels.
Mr. blaine. who presented a resolution
which was referred to the joint Commit
tee on Reconstruction, proposing 10
amend the Constitution 50 that article
one, section two, clause three, shall read
As follows, 70 the present period: Gre
preseutatives and direct taxes shall be
apportioned among the several States
which may be included in this Union
according 10 their respective numbers,
which shall be determined by taking the
whole number of persons except those 10
whom political rights are denied or
abridged by the Constitution or laws of
any State on account of race or color
Mr.. Blaine havingObtained the floor in
The Committee, supported the COnstitu-
liOual amendment, pointing out o1Iec-
tons u amendments which proposes to
HkeE EefIeStlhdLNJA DAl HAAAAAETs tnlbAilfA
hat be adopted the grossest inequalities
would result among and between the
Ioyal States. California, with scarcely a
larger population than Vermont, and the
same number Of Representative, would,
On the suffrage basis, have nearly three
lines as many members Of his House,
and New York, with eleven times the
n~opulatiOn Of California, would not have
i've times as many Representatives. IN
diana, with only eight per cent. o
population than Massachusetts,, would
have fifty per cent. more Representatives.
Mr.. Blaine pointed out other inequali-
ties. and contended all of these would be
avoided by the adoption of the amend
ment. which would simply deprive
Southern States of representation based
on negroes, until negroes were eufran-
chised. 1t would have relative repre-
-entatiOn of loyal States, just as IL is to-
iav and mourning an evil, it would
not precipitate others OF greater magni-
tude.
Mr.. Shellebarger proposes 20 debate
the question, whether a thing which
( could not commence TO be a State until
IL acquired all Constitutional qualities,
could continue TO he one after it had lost
them all. He showed by Constitu-
tional authority, that the Constitution
recognized States in two distinct
characters one was a geographicalSt State,
with its inhabitants. In this sense, "A
state may lose, a republican government
may be guaranteed or given IL by the
United States. In this sense, parts Of it
may Ice taken 10 make a new State. In
another important constitutional sense a
| State is an organized body, having a de-
fined territory, a people, a constitution
and laws, which recognized a-ndrendered
obedience 10 the United States, and held
certain resulting rights and powers OF
government hereunder. In this last
sense as a body polite, they could be dis
solved bV rebellion. II was then the
sole power Of the United States 10
determine when a new Republican Gov
eminent was to be established by its peO-
Die. He quoted numerous authorities
10 show that even under the laws OF
nations there could be no Stale whose
peonle did not habiUually obey the laws
I ofnations, and then also their wi laws.
The people who habitually de6ed both
I the international law and the Constitu-
/ tiouand laws Of the United States, which
vefe supreme laws Of their own States,
! such people could not be recognized by
our Union as aState; whenever the less
I vigoursus and more obscure rules Of pub
lie law would blot them out as not being
/ States whenever obligations are repu-
dated, States lose their rights. There is
Ina all Governments, human and divine,
I the enjoyment of rights and powers
which perish along with b destruction
| Of al recognized obligations.
Mr.. S~chellabeTger quoted the reported
decisions Of the United States supreme
| Court, repudiating the doctrine that ali
/ the individuals Of a State can cease As
/ individuals 10 have any political rightsi
I and vet, when united and called a Stale,
hold the rightand power Of making Sem
atOrs, choosing Presidential electors, "A
I amending Constitutions. state pow
era are absolutely vital II dis
loval States on their own mo
/ ton, and without leaving the Uuited
| states. can exercise them. The Govern
meut cannot survive an hour. Every
I DEPARTMENT Of the Government, legisla-
tive. executive and Judicial, is committed
III lie PROPOSITION that loyal political
states fave ceased to eIisg IL lie rebel
dis+ricfs. Mr.. s. quoted the Constitution,
Ne decisions of the Supreme Court, and
! 1arOe number OF legal authorities,
IL chow where a State has over
thrown ibs loyal Republican Gov
e-nmeut aud lost It's powers as
epCb a sa4 de exclusive province Of the
limited Sfa,es. aching through lis Llegis-
lature To 1Armine when a ne'8 loyal
Republican Government had been crea-
ted. which ii was bound TO recognize and
defend. He would welcome those states
back, and would welcome the hour which
brought them with governments based
upon a general and sincere loyal basis
uD0n a recognition Of the rights Of Their
loyal citizens, If it were asked how
long win YOU keep them out if you can
not secure these conditions Of retarn? be
would sorrowfully but ~ineNorabIy answer
forever.
Before the couQlusion Of his speech,
the gentlemaRis hour eApireG, but ny
unanimous consent the time was *
tended, and at the close he was sur
| rounded and congratnlafed hV manY