The Daily empire. (Dayton, Ohio) 1865-1867, 1866-06-06
Speech of Hon. Geo. H. Pendleton
an THE
Ohio Democratic state Convention,
May "a, 1866.
IcnNrrruEn.l

uhNt NlN NiNilsblNNllOll VI lut Glllltu
because they hate our system Of Govern
ment. They hate Its two fundamental Ideas
confederation: granted and reserved
powers. They admire the strength OF n
consolidated government and confide IN che
wisdom Of an Overshadowlng, absolute,
irresponsible majority They prefer TO IN
trust the rights and liberties of the people.
the amelioraton of the condition of our
race TO such n majority rather than 70 the
progress which consists with the checks
and balances of our system. i speak of
men with whom have been long associated,
whom | know Intimately. ] recognize
their Intelligence and tlfcir private worth.
do not question their integrity, or the sin
certify Of their motives. Yet, ! repeat, ]
believe they hate our system of govern
ment and desire Its overthrow What Is
that systcmp | will not detain You either
with an analysis of its parts or a history OF
its formation. The exigency of their con
dition required that the International affairs
and the commercial Intercourse of the
States should he placed under one head.
They were committed to the Federal Cow,
crnmcnt. All other powers and subjccts.
were reserved TO the States. The States
We're to regulate the civil and political
rights of their citizens, and SO guarded
We're those who made the Constitution,
that while In respect to foreign affairs,
they gave to the Federal Government abso-
lutte, exclusive Jurisdiction. in domestic
affairs they so entirely excluded Il that IL
has no power tO try or punish an assault
by one citizen of Ohio upon another, or
collect simple prOmissory note rs between
the same parties. And this is the system
which Congress has determined to subvert
and destroy. .. .... .t...fI
Let me Illustrate more particularly my
meaning. Take the Frccdmcn's Bureau
bill 4 law intended to answer the same
purpose was in full force; its provisions
seemed ample; there was no complaint on
that score from any quarter; it was to ex-
pire within year nttcr the close of the
rebellion. If the object OF this new bill
were only to extend the time, single Sec
tiOn In two lines would have been sutii-
cient. If in any one point enlarged pow
ers were needed. another section, equally
brief, would have suflced But neither of
these was the true purpose of the bill. Its
main object Is explained in the eighth and
ninth sections. The eighth section pro
Vides that in all States where the jurisdic-
tion ofthc civil Courts has been suspended
and where, by reason Of any law, custom or
prejudice. the same civil rights which have
been accorded TO the white man, have not
been accorded TO the negro, the President
shall "eNtend to all eases relating to per-
SONS so Disseminated against, military ju-
risdiction and protection and the ninth
section declares that the agents of the
Freedmen's Bureau shall, under the drec-
tion ofthe War Departmenttake cognizance
of all cases Of this nature, and shall try,and
| IL guilty, punish by fine and imprisonment
all state officers who enforce any such dis
examinations created by State laws-"All
cases relating to persons so Disseminated
againstP' What does that meanp
Did you ever consider It.? All cases
criminal and civil-whethcr TO punish
pei fair "S det2leanfo r. enforce cSntraetS or to com
sons,"-whether the suit " GttNw",Ss !" s -yhife
man and negro, or between two negroes
whether the indictments be against white
man for beating negro, or against II ne
gro for assaultiug n white man, or even "A
negro. military jurisdiclinn"-and what
! is that, pray? Why, the jurisdiction of
| drum-hcad court martial, or of a military
commission under the articles of war, which
| the Constitution forbds except In cases of
persons engaged in the land or naval SER
vice, or In the militia, while in active SER
vice. Now the Constitution provides that
no person-negTO or white maIl-shall be
| held TO answer for an infamous crime cN-
| cept upon an indictment and that every
person SO held shall be tried by u jury,
openly and speedily, be confronted with
the witnesses against him, have the benefit
OF counsel, and have compulsory process to
bring his witnesses into court. Yet this
bill, aVowedly for the benefit of freedmen,
| proposes TO deprive them of these beneii-
cicnt provisions, which they now enjoy,
and to make it the duty of the President In
every case to substitute the short sharp
process of n court-martial where there is no
Indictment, no jury, and where counsel and
witnesses for the defense are tolerated only
by the grace and favor of the court.
! Can any man believe this law was intend
cd to be OF service 10 the negro, or 10
ameiorate his condition, or to protect him
from injurious Discrimination, or 10 accus-
[ tom him TO the equal rights of citizens p
| No, sir. IL was intended TO invade the do
main of the States in the punishment of
! crimes purely of State coguiZancc. 1t was
intended wrongfully to break down State
laws, and 10 substitute for them Federal
laws, and thus To drawn with
| In the circle OF Federal mill
J tary authority every citizen OF the land.
"All cases relating to such persons " These
words embrace all persons ofevery age and
/ sex who may come In contact, however re-
| motely. with any negro man, woman or
( child, in any fthe relations or conditions,
or affairs oflite. And this bill brings them
all to the feet OF the military authority as
executed by the most ignorant and de-
graded fellow who can be hired as n ser
want of the Bureau for $500 year. | cite
this bill only rs an illustration. BY the
grace ofGod and Andrew Jonhson's veto,
II did not become law. No thanks 10 the
Radicals for that blessing. at
Examine the proposition 70 change the
basis Of representation, The Constitution
provided that population should be entitled
TO representation and that each community
must decide for itself where the political
power should reside. This rule was proper
was the only consistent rule where States
are recognized ms self-goYerning and self
leNisting. The determination who shall
WELD the power OF the community ia essen
tial 10 the existence nf free State.
This proposed amendment provides that
the hasis of representation shall he popula-
ton, but that whenever the Negro is ex-
lcluded from voting, his race shall be exc
cluded from the basis and the number OF
Representatives shall be accordingly di-
minished. That Is 10 say; The power to
determine who shall be electors belongs un-
ldoubtedly to the States. They may eXer-
else il as they see tit. They may exclude
or they may admit TO suffrage as they think
right. They may exclude the young, the
old. the poor, the unlearned, the women
they may exclude every soldier who has en-
tered the army, IL they please--and, II the
parties so excluded only be white, they may
still be counted in the basis of representa-
ton, and Others may elect them. But IL the