The Daily empire. (Dayton, Ohio) 1865-1867, 1866-10-18

would be made by the States |
VI the Upion, and those rclnalRing ont
would not be consulted-.but hey are ap-
,ealcd 10 As states n the Union 20 give Va
iditvtoAn ailendnient which will have no
validity Without their approval. Aud yet,
you tell MS that these States arc out Of the
IInions that the people have forfeited all
their rights. aud not entitled to representa-
tion that Obey are nothing more IN that
than psembiages Of paroled prisoners
ofwarl
You obtained more reputation by deslg-
mating tho status Of this slavea Us contra
bands in the beginning OF the war, than
tenable Designations Of their vanqnished
masters. n..H hr. rs1tl 90 aenyg.
But there IS one other point upon which
1 have n word TO say. You have come rep
htatlon AZ a Constitutional lawyer. Could
you be Kind enough to point out any Con
stitutional source for the power now claim
ed by Congress TO compel the adoption OF
amendments to the Federal Constitu-
ton BY the States, under penalty Of eX-
Guiding their Representatives and Senators
from that body? Congress itself Is the
creature OF the Consultation. II possesses
no powerwhatsoever over that fundamen-
tai lawLits sole power IN reference to IL Is
to propose amendments to the people OF the
States. IL remains with the people Of the
States, IN their sovereign Constitution
making capacity, to adopt, or reject them.
But yon say the people Of the South com
mitted treason and forfeited their rights.
This, however, You have made separate
and distinct branch of inquiry, involving
the status of the inhabitants of those
states, and not the status Of the States
themselves
But suppose every man in State com
mits treason to-day, and tomorrow new
generation succeeds to citizenship, do these
lose their rights as citizens by reason Of the
guilt of their predecessors "a
Let us look then 10 this question you
present Involving the
tH STATUS OF THE INHABITANTS.
You have been at some pains to show
that the rebels, whilst hostilities continued,
were public enemies, and that they enjoyed
the rights of belligerents. It was scarcely
necessary Ia waste much time ON facts 20
notorious. Your inference Is that the peo-
Pile had no right In the Union which they
had not forfeited-that even loyal people
In the South had no right to appeal to the
power of the Federal Government to pre-
serve their property from confiscation.
The concession of belligerent rights to
antagonists Is simply an expedient for self
protection in physical conflict. The Fed
eral Government, not cOnceding that the
Southern States were acting rightfully In
compelling their people individually to eX-
ert themselves to establish separate gov
ernment for the South, yet admitted that
they possessed that p0loer. The object of
the war was TO annul that power, and there
by restore the people thus constrained by
unlawful authority to the exercise of their
lights under the Constitution OF the United
States.
But, while the individual who had been
compelled against his win to take up arms
against the Federal Government, was right
fully entitled TO the restoration of his
rights when the power that compelled him
was overcome, 1t might be considered that
he who had U0iuRtaYfly sought to overthrow
by force the Federal authority would be
amenable to punishment as criminal. EX-
pedicncy, however, as well rs humanity.
deters the inflction of the penalties of the
law upon very large bodies of men. Be
sides, it is practically impossible tc dis
tinguish, i'm the vast masses of those who
fought ia the rebellion, those who did so
voluntarily from those who did so involun-
tally. Hence, the Constitution has wisely
conferred upon the President the power to
grant reprievos and pardons for all offenses
against the United States.
On the 29th of May, lS05-after the sur
render of the rebel armies--the President
of the United States issued his proclamation
of amnesty, containing the following Ian
guage:
"fo Che end therefore that the authority
Of the Government of the United States
may be restored, and that peace, order and
| freedom may be established, !, Andrew
| johnson, President of the United States, dc
proclaim and declare that hereby grant tC
| all persons who have directly or indirectly
participated in the existing rebellion, eX-
| excepted, amnesty and pardon, with resto-
| ration of all rights of property, except a
i 10 slaves, and except in cases where lega
! proceedings under the laws of the United
States providing for the confscation o
property ofpersons engaged in rebellion
have been Instituted, but upon the condi
tion, nevertheless, that every person shal
take and subscribe the following oath o
] affirmation, and thencelorward keep ant
maintain said oath inviolate, and whicl
oath shall be registered for permanent pre-
servatiOn, and shall be of the tenor an,
effect following, to-wit:
II, -, do sOlemnly swear (or affirm il
presence of Almighty God, that / vii
!, hereafter faithfully support, protect, am
defend the Constitution of the Unitet
States and the Union of the States there
under, and that l will in like manner abid
| by and faithfully support all the laws an,
proclamations which have been mad
during the existing rebellion with refer
ence TO the emancipation of slaves, so hel
me God"
The Secretary of Slate was ordered t
establish rules and regulations for admins
tering and recording said amnesty oatf
: so ms To insure its benefit to the people an
/, guard the Government against fraud.
suppose, then, these people, Individually
did forfeit their rights as citizens in I'll
Union by the crime of rebellion again'
the United States? What is the effect {
the proclamation of amnesty and pardo
issued to them on the 10th of May, 1856
which | have quoted? Does not that ri
store them to their rights as citizens upo
taking the prescribed oath of allegiance I
e the Constitution. Most certainly it hs
: that effect.
The President of the United State
therefore, in the exercise of an undispute
: Constitutional prerogative, has said I
/, every man who was engaged in the rebe
q lion, and not embraced in the exception
:; named. that he should be re-invested wit
u all the rights he had before the war, upO
j taking the prescribed oath. Are these me
/, then, yet par0led prisoners of war? Whe
y will they cease to be sol Were the
i States mere camps of paroled prisoners
: war when they acted upon the Constitl
; tional Amendment abolishing slavery
the United States, proposed TO them d
! Congress? Do you understand one of Il
rights of pdrOled prisoners Of todr is a rigl