Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1866-02-24
Bursau-Rseonstru tion.
p '"" SPEHCEI
HON. JAMES A. GARFIELD,
In The House Of Representatives., FEB 1866
OF CHIC,

The House having under consideration the
bill to enlarge the powers of the Freedmen's
Bureau .e .- ..i-... t. .t-.
Mr. GARFIELD said
Mr. SPEAKER The bill now before the
House is one Of a series of measures which
it is the duty OF this House to consider and
net upon during the present session aud
shall in the time allotted TO me, take IA
wider range than the provisions Of The bill
itself would warrant, aud discuss, in con.
bection with II, the general question Of the
states lately in rebellion. l shall try TO
examine the situation Of national affairs
resulting fom the war TO determine, if
possible, what ought 10 be done to bring
the Republic Lock, by the su est, safest
and shortest path. to the full prosperity ol
liberty and peace. This is the result earn.
estIy desired by every patriotic citizen -
How 10 reach it ia the great problem we
are called upon to solve. Gu the main
points in the problem believe there is for
less d ference Of sentiment in Ibis House
than is generally supposed, .. ...t t....
Men differ far more in theory than in
practice. 1t would be easy to find ten men
who perfectly agree in recommending a
given course Uf action. 1t would be diff
cult 20 fed Ten who would give the same
reasons for that recommendation. IL HE
members Of this House could lay aside their
theorirs and abstract d,iuitious, mud dclib.
crate on questions oi practical legislation,
muny apparent D fficuities would at once
disappear. The words aud phrases we use
,xeu powerful influence on the opinions
we form aud The ac' ion which results.
iBqnirDg Into the legal status Of the
insurgent states We ure met at The tbi esh
bold by three distinct theories, each ol
shich has It's advocates in lLis House.
l. That these states are now and have
never ceased to be in The Uuion with all
their rights unimpuir,d st '-
2 That they are out Of the Union in
fact aud in law that by their acts of Sc.
cession and rebellion they are reduced to
tie condition Of territories, and that ii res 5
with congress TO determine whether they
shall now or hereafter 1e admitted into he
Union. .-s. ..-.....
AS held by the gentleman from New
Yo'k (Mr R,ymond) in his speech Of day.
bcfo e.yeste'day, that whatever may have
been tie effect of the war upon them. ",hey
have, under the Presidents guidance aud
action, resumed their fuuclous o! self gov
erDment iu the Union" aud we ought 10
accept them. .r ... t
Mr. Speaker, nm unable fully to agree
with either OF these propositions, aud shal
ehdeavor 10 point out What seems TO NE
the error wbch has led to their adoption
Hu, Tor Ia a "a, ~ Il
this subject seem 10 he 10 have caused
much Of the diversity Of opinion. allude
TO the word state, aud the phrase in hc
Union. 4 .s. rlar .... ...
The word state, as il has been used b,
gentlemen in this discu sion, has two meou
Jugs, as peri,c ly distinct as though d fer
ent words had been used TO express them
The confusion arising from applying th,
same word to two different aud dissimila
objects has bad very much TO do with III,
diverse conclusions which gentlemen has,
reached. They have given US the d, tIinilioI
OF state in the contemplation of public o
International law. aud have at oiice applied
that dt flinition, aud the conclusions baset
upon it, to the states Of the Americal
Union aud the Effects Of war .upou them
Let us examine the Two ne8ning, of ih,
word, and eudesvor TO keep them dsIincl
in their application to the questions before
Pbillimore. the great English publeil
says:
| For oil the purposes Of International law
state demos ciritds roik) may be defined TO b,
people permanently occupying fAed terri
| thnr hx,p k.,h.
aud customs into Que body polite. exercising
through the m dium of au organized govern
unent independent sovereignty aud conlrol owe
all persons aud things within its boundaries
capable If making war and peace, and of enter
/ ing inio oil International relations with tn
other communities OF tie globe - PhiiIimore'
International Latc, vol. I, sec. 65.
Su bstsn'ially the same d. fni,ion may b
found 10 Grotius, book /, chap'er |. secLio
IA; in Buramaqni, volume 2, part
chapter 4. section 81; and in Vattel, bool
chapter 1. The primary point of agred
meLl in all these aul hor'ies is that ia con
temptation of International law state /
absolutely sovereign, acknowledging II
snperior on earth. Ia that sense the u
| States is q state, a sovereign state, Just q
Great Biitaip, Fraucs aud Russia al
states. ...o. s. I....
Bat what is the meaning of the wor,
s'g'e as spphed To Ohio or Alabama?
eli, her Of them state in The sense of inter
national law? They lack all the leadiu,
qualities OF such a safe. They are onl
the geographical subdivisions of state
and though endowed 10y the people Of tn
U. States with The rights of local self gov
eTnmen', yet iu all their external relation
their sovereignty is completely destroyed
being merged 10 the supreme Fedora
Government. (Iislecks Iuierna liona
Law, sec. l6. page IL Ht sa'
Ohio ean,.ot make war I; cannot conclud,
peace cannot make treaty with an,
foreign gosernmeu,, cannot even make
compact with her sister states cauuo
regulate commerce cannot coin money
aud has no fig, These indispensable at
uibules Of sovereignty the state of Obi
does not possess, nor does any other stat
OF the Union. We call them staies TO
want Of a better name. We call tbeI
states because the original thirteen hat
been SO designated before the constitution
was formed but that constitution d,
suoyed all the sovereignty which tbos
states we're ever supposed 10 possess j
reference 10 external Affairs yi l.I. ..'. ..