Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-01-18
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uos SPEECH OF IN
HON. VIM. {. FINGK
.t.,9 81 OFoOHIO, al1ia H.
OHIO,
In the House OF RePTesentatiVes
December 2Ist, 1865. % = ~ Ut


December 2Ist, 1865. Z ~ .i-
..... ta - '. '.H.0I .. .'
Mr.. Chairman, when the Thirty-Eighth
Congress adjourned, large armies were in
the field resisting the authority and juris-
dction of the United States. We were
then in the midst of the most terrible civil
war that has afflicted any people. Sir,
/ congratulate you, and congratulate the
country, on the fact that this war has ter
minated successfully to the arms of the
Federal Government, and that to-day there
is not single arm raised to resist the au-
thority OF the United States, within the
| limits of the Republic. Peace once. more
blesses the American people. But, sir, al
| low me to inquire why it is that the States
which have not been represented here for
| the last four years, still continue unrepre-
sented on this floor? Is it ypossi-
BILE that, having failed successfully to
resist the jurisdiction of the United States,
and break up the Union, that they now
stubbornly refuse to send representatives
to the national Legislature, and toreturn to
their duties and obligations to the Federal
Government? No, sir; such is not the
case. The people of these States, having
failed in the mad schemes organized by
their leaders, have wisely and really aband-
oned all further resistance, and have, with
a unanimitY and frankness worthy ,0f the
highest cOmmendation, determined to yield
| q cheerful obedience to the Constitution
and laws of the United States, and to dis
charge their duties and obligations as loyal
citizens. Why, then, sir, are they not
represented on this floor? . ...'....-..
Sir, during the continuance of the late
terrible struggle, looked forward with the
most hopeful expectations to the period
when the war should cease by the, com
plete vindicatiOn of the national authority,
and all the States be represented once more
in this Hall. We have, by the blessing OF
Heaven, lived to see the termination of the
war, but we meet in a time of profound
peace, and find that eleven. of the States of
this Union have no Representatives on this
floor. Sir, allow me again to inquire why
this is so? r|r. 4 .." -..r.,.. ...
Mr.. Chairman, it is because there exists
within this Union body of men who are
to-day, as they have always been, opposed
to the Union, unless they can mold and
shape its policy~to suit their peculiar views.
Can it be possible, sir, that after struggle
of four years, after the sacrifice of half a
million of brave and heroic men, and the
expenditure of four thousand millions OF
treasure, after the war has been brought to
successful termination, and the flag of the
Union, and none other, floats from the cap
itol of every State, still nearly one third OF
the States are to be deprived of representa-
tion in the national councils3 ...-
Sir, protest against this attempt to SUBJ
vert the true principles of this Government
and thus seek to separate States from il
which belong to 1t, aud to preserve which
four years. war has been waged. What
was the avowed and proclaimed object OF
the war? For what did our brave and gal
liant men fight and die? 1t was, sir, to pre-.
serve this glorious Union, to maintain and
vindicate the jurisdiction of the United
States. This was distinctly and plainly an
nounced in the resolution passed, by almost
entire unanimity, at the extra session o.
Congress in 1861, in these patriotic words
"Thati 10 this national emergency, Congress will
forget all feelings of mere passion Orresentmen anC
will recoect its duty TO the country; that the
war is not waged part in any spirit of oppres
sion nor in any spirit Of conquest subjugatioh no.
for the purpose Of oyerthrowng or interfering will
the rights established institutions of those States
but to defend and maintain the supremacy OF the
Constitution and preserve the Union with all The
dignity, equality, and rights of the several States
unmpared; and as soon as these objects are attained
the war ought to cease .-. .... -..
The great issue submitted to the settle
ment of the sword was that of the Union.-
The insurgents sought to break it up, and
the United States sought to preserve ,and
maintain it. Our arms triumphed, and ouI
purpose was accomplished, namely, the
preservation of the Union. .......
The States which passed ordinances of Sc.
cession, and attempted to withdraw from
the Union, have failed In their purposes
They have never been out of the Union
but have always continued to be, and art
to-day, States within the Union. a. .,r
This doctrine / understand the distin.
guished gentleman from Pennsylvania
Mr.. ,Stevensl controverts; and in his speech
delivered on last Monday, takes the same
ground which he announced in his speech
delivered in this House two years ago
namely, that the insurgent States, by theil
acts of secession and organized rebellion
became separate governments that they
were outside of the Union; and their ar
mics having been defeated and conquered
we now hold these States as conquered
territories, and that this Government has
the right, by the law of nations, to trea1
the people of these States as a subjugateC
people; and that before they can resume
their former relations with the Genera
Government, these States must be readmit
ted into the Union as new States. s,g
Sir, the distinguished gentleman by hi
argument has admitted that secession wai
an accomplished fact, and has added an
other example to the common saying tina
extremes meet; for his views on this poin
coincide with those of the most rabid seces
siOnistS. ItIl.rl -.. ...f.. .-f ~, .
The gentleman has recognized by his ar.
gument, that most dangerous of politica
heresies, the right of secession, which is q
war with the safety and perpetuity of th,
Union of these States.Y | deny, sir, thai
these States, or either of them, were eve
| out of the Union. The Union has neyel
been, and most earnestly trust never will
be, dissolved The ordinances of secession
were invalid and unconstitutional, and nC
force which was brought by those in rebel
lion to sustain these acts could give then
legality. .b,g1uo
The gentleman -has-quoted from writers
on the law of nations, to show that wal
between two nations annuls and abr0gatel
the treaties which had existed between thu
belligerents. Sir, these States were no
held together by the force of treaties, bu
by a Constitution adopted, and assented to
by eachof them, and by their people through
their conventions, -
1t is, however, true, that when civil wal
breaks out between different members o
the same Government, the c0ntending par
ties are each entitled while the war cOHtin
ues to the rights and usages of war, a
against each other. This, sir, Is rule o
necessity, and is dictated by the soundes
principles of humanity and Christian civ
ilization., The doctrine is thus laid dowl
by Mr.. Wheaton In his learned work on IN
ternational Law, page $40: .lfia'