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

alton element being inperHonal ln ~
,haracter, and not amcuablc TO any sqtt oi
egal NEUTRALITY-SUSPICIOUS. however
being amenable TO law. possessing rights
md subject 10 obligations.
What now was the status OF south Caro-
IlHa NJ stare, before the pnssage "l her
ordinance Of sccessionY u am iiot now |
speakinR of individuals for YOU say, Cen |
eral. We are first to discuss the status OF the /
states. and nfterward that of the inhabi- |
tants.) answer that South Carolina, pos |
sessing and being composed ofthe elemeQii
thaye named. was, bY .her lin9aniVllltAiYH !
teftt6 1he Rirlsdictibn % tle constellation
and laws Of the United States; one OF the
proyisions,of which was for example that
She should not enter INTO any cohtcderacy
with any other Static New. as a STATE,
how could she bereleasesl FROM that ebliga-
tlonP Evidently IN no other way than w
the abroRatiOn or That proNision dt thcSo'i-
stitntion of the United States. How had
she aqrced, as a state, that changes should.
I've made In that Constitution The pro-
vision is familiar to all Intelligent readers.
Now, Instead of attempting 10 make the
changes desired IN accordance with the
method she, as q State, had agreed 20 re-
sort 10, the people who hlppened 70 be liy-
ing IN the State of South Carolina In the
month OF December. 1860, passed, by their
they called an ordinance ot secession,
whereby they declared abrogatcd that por-
tion of their fundamental law which was
written in the Constitution of the United
States.
z Now, had this particular generation Of
men the right TO do that thingY u they
had, then they changed the status Of south
Carolina as a State and enabled her TO en-.
ter into confederation, IN contravention
of the provision of the Constitution have
referred to. lf they had not, then, while
they violated their Individual duty and OBJ
legations as citizens, and made themselves
amenable to Individual punishment there
for, they did net change the legal and Con-
stitutiOnal status of South Carolina In any
particular. And II their Ordinance of Sc
cession was void In law, then, of course, all
subsequent political action, based upon IT.,
was void also. But you say, General But
Ter, that as the man who committed suicide
was dead, although hc had no right to do
that thing, so the States were killed, be-
cause the people who happened TO be living
In them at a certain juncture attempted
unlawfully to release themselves from their
Constitutional obligations. You are too
good reasoner not to see that this is a nm
sequiter, and that your Illustration is a bad
one.
You say that every vestige of the power
OF tile Government was oblitcrated by the
most solemn forms of fGovcrnmeutal enact
ment Sc. Suppose this were so, and sup
pose the people of South Carolina In 1862,
1868 and 1854 had said this doctrine OF sc-
cession is all wrong, and they had given
expression to their opinions by declaring
the ordinance of secession uncOnstitution-
al, null and void-what then would have
been the effect of these solemn forms of
Governmental enaetmentY Would not the
State Of South Carolina, as a Stdte, remain
precisely rs ii was before tie rebellion?
The people of South Carolina had said In
the adoption of their fundamental Federal
law, that its provisions should be para
mount to any thing contained in their
state Constitution or State laws to the
contrary. The people who happen TO be
living and exercising political power In
that State in December, 1860, had no right
10 declare that the people of 1866 who
might be then living there should not have
their fundamental law. Therefore. whilst
they changed their own status rs indiyidu-
ais, their action III no manner affected the
Constitutional status of the State. To-day
the individuals composing the people of
South Carolina are Ia obedience to the
Constitution and laws of the United States.
The practical effect Of the unconstitutional
and Illegal actions OF those who eXer-
cised power there during the recent CON
test has been annulled by the war.
What then remains to impair the status
ofSouth Carolina as a State in the Federal
Union?
You say ''They were armed public enc
mics, they became disarined public enemies,
they surrendered as prisoners of war, and
went home and then, by intendment OF
law, state this simply as alawyer, those
States became merely camps Of paroled
prisoners of war lapplausel surrendered K
the victorious armies Of the United States.'
Now, let us examine this doctrine o
yours for few moments, for It las been
meditated upon with care. and is 50 plausi
BILE as to receive on its enunciation th
plandits of the people.
Those States, on the suppression of tn
rebellion. became, in your Judgment. ant
by intendment of law. camps of parole,
prisoners of war. What then became o
the body of laws which existed in ful
force anterior to the rebellion in thos
States-their Constitutional, their statute
their common law? Had their Constitu,
tional law, both Federal and State bee
abrogatCd, because some individuals, or
you please, all the individuals of thei
community had unlawflllly declared then
SOP II you and enter into Il contract il
which we agree that it shall not be aunull
ed without the consent of both, can yo
anIlul il OF your own separate Will? Ca
you say that whether you had the right t
ITO SO Ut IlOl, you IuNt nevertheless uOll
it, aud that effects the result You desire
No, resort to legal process to compel yo
to reassume and obey the obligations of tn
contract-the process has the desired effec
Was the contract then annulled by you
refusal to comply with your obligation
under itP Or has 1t Hnot been. during tn
controversy between us, n valid and sui
sisting contract ready at al times TO effect
uate Its results ms soon rs you may be con
PEELED TO obey it? five both agree, how
ever, to amend it or to set ltaside and mab
new one, we have the power TO do it.
SO it was with these States. States al
not organizations for but single genera
tion, they are organizations for successiy
generations. Their fundamental law car
not be repealed by an act of the Legisl;
ture, or by public meetings of the peopl
although every man, woman and child
the State should assemble and so declar
Nor can their fundamental law be annullC
by separate Conventions, called for thi
special purpose. The operation of that fti
damental law may be entirely obstructC
and effeetually amulled but the law itse
remains unaifected--tO renew its oper;
tions as soon as suitable instrumentaliti,
can be restored for that purposes
The same may be said of statute law an
the common law. A law once passed i
tho TnUielattara In apcordoupa with N