Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-06-29
O9lo Statesrrrart.
RESTORATION !
.rr.ITUJ iGirnva
Minority Report Of the Congress
SiOnal Committee Of Fifteen.
A POWERFUL ARGUMENT AGAINST
.rIm POLITICAL HER Estes. .....
The RebeIIIOusS States shown Never
10 Have Been Out of she Union.
SOLID s&ARcUMENrs
AoStatesmanII View Of the
IN, a.51.,9 as Situation. ' 10 '.

AoStatesmani View OF the
..tl a.i ag.a Situation. ' 10 '.
The undersigned, a minority of the Joint
Committee Of The Senate and House of Rep
resentatiyes, constituted undered the con-
| current resolution of the 18th ofDecember,
1860, making it their duty ito inquire into
the condition of the States which formed
the so-called Confederate States of America,
and to report whether they, or any of them,
| are entitled to be represented in either
house of Congress, with leave to report by
| bill or otherwise" not being able to concur
in the measures RECOMMENDED byr the ma
iOrty or in the grounds upon which they
| base them, beg leave to report: rrl uri,.,r,
In order to obtain acOrrectapprehen.iO ion
! of the subject, and as having direct bear
ing upon 1t, the undersigned think it. all-im-
| pOrtant clearly to1mderstand what was the
effect of the late Instruction upon the rela
| tions Of the States, where it prevailed, to
the General Government, and of the people,
| collectively and individually, constituting
the Southern States. To this inquiry they,
therefore, first address themselves.
| First. as to the States.n Did the insurrec-
ton at its commencement, or at any subse-
| quent time, Dissolve the connection between
the. States aud the General Government?
| In our Judgment, so far from being ''prOf-
itles4 abstraction," iG is. vital Inquiry,
for iflsich relation was not disturbed,
such States during the rebellion were
as completely Component States of the
| United States as they were before the re-
| beljion, and were bound by all the obliga.
tions which the Constitution imposes.
| Was not this their condition? If it was,
| they are entitled to the rights and privil-
eges belonging to States under the COnsti-
tuition. The opposite view alone can justi-
ty the denial of sueh rights and privileges.
That State of the Union can exist with
out possessing them Is inconsistent with
the very nature of the Government and the
terms of the Constitution. In its nature
the Government is formed of aud by States
possessing equal rights and powers. States
| Unequal are not known to the Constitution.
| In its original formation perfect equality
| was secured. They were granted the same
| representation in the Senate and the same
| right TO be represented In the House of
Representatives,, the difference in the latter
being regulated only by differencein popu-
lation. But every State, however small its
| population, was secured one representa-
tive in that branch, Each State was given
tue right, aud tire same right, to participate
| III the election of President and Vice Presi-
| dent; andall alike were secured the benefit OF
| ejudieial department. The Constitution,
too was submitted to the people of each
State, separately, and adopted by them in
that capacity The convention which
framed ilt.cohsidered, as they were bound
| TO do, each as a separate sovereign that
could not be subjected to the Constitution
except by its own consent. That consent
was consequently given. The equality,
Therefore, of rights was the condition OF
the original thirteen Stats before the Gov
| erAmeh5 was formed, and such equality
| was not only not interfpred with, but
| guaranteed to them as well in regard to
the powers conferred upon the General
| Government as to those reserved to the
States or to the people of the States
The same equality is secured to
| those which have been admitted into the
Union since the Constitution, was adopted
In each instance the State admitted has
been declared to be one of the United
States, on an equal footing with the origin
al States inlalISfespects whatever" The
Constitution, too, so far as most of the
powers it confeTs on the General Govern
ment are concerned, operates directly upon
the people in their aggregate capacity,
and on all alike Each citizen, therefore, OF
every State owes the same allegiance tC
the General Government, and is entitled to
the same protection. The obligation OF
this allegiance it Is not within the legal
power of his State to annul or evade. Il
is made paramount and perpetual,
and for that very reason it il
equally the paramount duty of the
General Government to allow to the citizens
of each State the rights secured to them ant
the protection necessary to there full enjoy
ment, A citizen can no doubt forfeit such
rights by committing a crime against tn,
United States, upon conviction of the same
where such forfeiture by law ahtecedently
passed is. made part of the punis lment
But a State cannot In Its corporate capacity
he made liable to such Forfeiture; for
State, as such, under the Constitution, can
not commit or be indicted for crime.-Ne
legal proceedings, civil or criminal can bC
instituted to deprive State Of the benefit!
of the Constitution, byforftitiug as agalns
her any Of the rights 1t secured to her
Her citizens, be they few or many, may bi
IIproceeJed against under the law andicOn
victed; but the State remains State IN th,
IiUnion. To concede that by the illega
c0hduct1tof her own citizens she can b.
withdrawn from the Union is virtually tC
IicOncede the right.of secession; for what
difference does 1t make as regards the result
whether Statecan rightfnlly secede--adoc'
trine maintained by statesmen North al
well as South-or whether, by the illega
conduct of her citizens, she ceases to be {
State of the Union. In either case the enc
is the same, The only difference is this
that by the one theory she ceases by law t
be a. State in, the Union, and by the Other
by crime without, and against law. But
the doctrine is entirely erroneous. A Statt
once In the Union must abide init forever
She can never withdraw from or be expelled
from it. A different principle would sub.
iect the Union to dissolution at any mo.
ment! tis, therefore, alike perflous anG
unsound; nor do we see that II has any
support Id the measures recommended by
the majority of the committee. The insilr
fectionary States are by these measure.
conceded to be States Of the Union, Th'
proposed constitutional amendment isto b.
Submitted to them as well as TO th'
other States, In these respects each 1
placed on the same ground. To consult
State not in the Union on the propflety o
adopting a constitutional amendment tC
the Coyernmert Of the Union, aud vwhicl
is Necessarily to- affect those States only
e6nprfsiug the Union, would be an absur
tiity, and to allow such an amendment d
States in the Union might desire, to be de
feated by the votes of States not In tn,
| =