Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-05-15

last resort the authoritative judge of the
extent OF its own powers and the reserYa-
tiOns and limitations Of the Constitution"
Judge Sutliii, in the same case, fully sus-
tains the views advanced by the Attorney
General and Judge Brinkerhof, and enters
into an elaborate discussion to show the ma
tIIre and extent Of the powers OF the Fed
eral Government. | will only detain the
House by reading few extracts from
Judge SutliflNs opinion. He says:
"lt is certain therefore, not ony that the COnsti-
tuition does not, by any provision therein expressed
make the state Goyernments, or any department
thereof. subordinate to the Federal Government OI
TO any department thereof; Di il is also evident
that the prQposion in various shapes Osubordinate
the state Governments 10 the Federal Government
in its legislative, executive. or Judicial department
was fully considered aad rejected by the trainers Of
the Constitution" ..... ... .
Again, he says: u.f.t ... r..H..
'lt is. therefore. evident, both from the Language
and the early construction of tbs INSTRUMENT. that
the rights Of the eVera State Governments are Il!
full and ample under the Constitution 10 protect tho
powers which they had not delegated, us il
| which had in fact been delegated 10 IT, This
right to protect its own legislative, executive and
Judicial powers belonged to each Of the states ~ the
time Of the adoption Of the Constitution. Tne States
IN Convent refused tOsuTrender the right. ven
tO suffer II tO be qualified. The power was noe dele
gated IN the Constitution, nor by IL prohibited 10 tile
/
| the State" ..Hr
These opinions. it is true, were deli Sered
| by these learned judges, in case in which
they undertook to declare the fugitive
slave law unconstitutional.
Mr.. Chasr, while these cases were pend
! ing in the Supreme Court Of Ohio was the
| Governor Ofthat State, and would be pleas
ed to know, If the Supreme Court had held
the fugitive slavelaw unconstitutional, and
ordered the discharge of Bushnell aud
LangstOn, whether it was not the purpose
of the Governor and his friends to enforce
and maintain the decision of that court. to
the last extremity, against the Federal Gov
ernmentI Certain it is that the views of
these dissenting judges were indOrsed by
| their party in OHIO, because Judge Swan,
who with the majority of the court held
the law constitutional, was defeated short
time atterward, in the Republican State
Convention for denomination, while Judge
Brinkerhof was in due season renOminated
and reelected by that party.
But sir, the convention which nominated
Mr.. Lincoln for the Presidency at Chicago,
in 1860, adopted the following resolution:
"ResOiUed, Thsttho maintenance nviolato Of the
rights OF the States, and especially the right Of each
State u order aud cOntrolltS ocR domestic i'tSthu-
tOHS according to its own Judgment eJclUStCeiy il
essential to that GLANCE Of power wnich the per-
fecion aud endurance Of our political fabric depend
and we denognce the lawleSS invasion by armed force
OF tho soil any state Or Territory no matter under
what preteXt, as among the grayest Of crimes"
And Mr.. Lincoln in his first inaugural
quoted this resolution as a lal0 to himself
and those who had nominated him.
Sir, | have quoted from these distinguish
ed gentlemen in the Republican party, 10
show how industrious they have been in
the past, in advocating the rights OF th"
States, and to contrast their speeches and
declarations then, with their position now
in supporting measures which strike at the
very existence of the States.
Mr.. Speaker in my judgment this organ
lied attempt 10 centralze power in Con-
gresS, is revolutionary, and it is so because
it is attempted by the exercise of unwar-
ranted power.
1t is revolutionary because a majority of
this Congress persistently, d unconstitu-
tiOnally, refuse to eleven States of tnis I'm
ion any representation whatever. It is
revolutionary because, taking advantage OF
the absence af such representation, whose
presence is unconstitutionally prevented,
this same majority seek to tasten upon the
country, measures which are not sanction
ell either by the Constitution, or by a ma
jority of the citizens of the United States.
Sir, do not propose to enter upOn an ar
gument to prove that all of these States are
in the UniOn-that their attempt to with
draw was failure-that the result of the
late terrible conflict was to preserve and not
destroy the Union. All this discussed in
a speech which made in this House during
the early part of this session.
These States, then, being in the Union,
and peace having been completely restored.
there is no constitutional right whatevar
for depriving them OF their just and consti-
tutional representation. All talk about es-
tabliShing, or requiring conditions or guar
anteeS from them, before they shall be repre-
sentGd in Congress, is mere trilling with
this great question. lfthese States are in the
Union, as insist they are, then you can no
more exact conditions from them than you
can from New York or Massachusetts
These States are all equal States, and each
Que is entitled to be represented, and TO
deny such representation, is not only clear
ly unauthorized, it is worse; it is revO-
lutiOnary.
The Constitution declares that "the Sem
ate of the United States shall consist of two
Senators from each State,' and to prevent
amaiOrity OF the States from combining to
deprive any State of its representation in
the Senate it is also declared that mo State
without its consent shall be deprived of its
equal suffrage in the Senate" Is any State
to-day deprived without its consent of its
equal suffrage in the Senate? Sir we all
know that eleven States are, in violation of
these plain provisions of the Constitution,
deprived OF any voice whatever in that
body. And in relation to the House of
Representatives the Constitution is equally
clear and explicit; and among other pro-
visions 1t is declared that Representatives
and direct taxes shall be apDortiOned among
the several States which may be included
within this Union according to their re-
spective numbers" which is determined in
mode provided in the Constitution
These Representatives are to be apportion-
ed among the States every ten years; and
the same instrument declares that leach
State shall have at least one Representa-
tive" thus establishing firmly the great
principle of taxation and representation.
The direct taxes have been assessed and are
being collected, but the representation. is
denied. r, ..... 49,. ......-r... ...
Sir, the true Union men of this country
are those who are for the immediate resto-
ration of all these States, to their Just and
constitutional relations with the Federal
Governments; and the admission OF Sena-
tors and Representatives constitutionally
qualified. To deny these States these con-
sJitutiOnal rights, is an attempt at disunion. |
Sir, l am to-day, as have always been,
for the Union of all the States. am op-
posed, as | have always been, to all attempts
to break up this Union, whether they come
from the North or the South. as
The questions which are now pending,
are, in my Judgment, OF the most grave and
serious character: Union or Disunion; the |
preservation of our system of Government.