Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-09-22

ground that the word "ehemy" could only
apply in the case Of a foreign war. The
truth is, that the rebellion was put down
under the constitutional power to suppress
insurrection. The Court expressly say of
Congress, in I'd Black 668, "Itcannot declare
war against a State or any number of
States by virtue of any clause of the Com,
stitution." Therefore the war powers ex-
efcsed during the actual existence of hos
tilities were mere Incidents attached by the
usage of civilized nations to the putting
down of an insurrectiOn, whose magnitude
had assumed the form of civil war. When
the Instruction was suppressed, these war
powers ceased for there was no party with
whom peace could be made by treaty--a
matter with which the HouseIot Represen-
tatiyes, has nothing to do. Congress, even
| when it declares war, cannot make peace;
but it is for the President and Senate;
and in the case of an insurrectiSn, it IL the
| province of the President to decide when
1t is, ended. The Constitution of the United
| States is not a compact between States, up
on the theory on which tho rebellion was
| put down, and therefore is not destroyed
in, any part of its provisions by civil war,
| for it is binding on the successful party as
much as on the defeated rebels, who are
only subject to the penalties imposed on
them by law. The case of Mrs. AleXan-
der's cotton, I'd Wallace, 40, Chief Justice
Chase says in the text which differs, from
the syllabus cited by Mr.. Perry, ''that all
the people Of each State or district in in
surrection against the United States must
be regarded as enemies, until, by the action
of the Legislature and Executive, or other
loise, that relation is thoroughly and per-
manently changed" Why did Mr.. Perry
forget here, the word otherwise" which
| "a ok.i, fhok a
10 Rnuggle into this opinion in December,
1861, while he was engineering the fight
against Lincoln restoration policy in Lou
| isiana? .| . H#ii 9ifE "rIt..l.H
But, this whole doctrine, that the Gov
ernment by virtue of war powers acquired
any ew right in the rebel States, is an
| after ttOuglt, and overthrOwn by our own
| election, and the practice of Congress dur
ing the war for the Union. Carlisle and Will
! ley were admitted as Senators from the State
| of Virginia, representing the loyaists
thereof who had organized State Govern
ment. entitled to the constitutional guar
antee," as it was republican in form, though
fOur-iifths of the State over which it pro-
| fessed TO operate, supported by force of
arms q. hostile State Government. Even
| after the separation of West Virginia, as late
as 1863 Lemuel j. Bowden, of Norfolk, was
|
| Virginia. The same precedents were fol-
lowed in the case of Maynard and Others,
RepresentativesfrO from Tennessee and Louis
| lana. who were elected after the State had
seeded, and held their seats during the
war, after an elaborate report on the whole
| subject by Mr.. Dawes, of Massachusetts,.
| So, too, Andrew johnson, then Senator from
Tennessee; and nobody supposed that their
admission placed Congress at the mercy Of
rebels. Why then is the objection raised
now, when Congress, by admitting loyal
and rejecting disloyal Representatives, has
the whole subject within its own control?
| Perhaps this excessive apprehension of
coming danger, might be well entertained
by Congress who deemed section eight,
article first of the present Constitution
prohibiting the States from forminga COM
| pact, or declaring war, insufficient to pro-
tect us against the assumption of the rebel
| debt, which grew out of that very prohib-
| tied com bination of States, to unlawtully
| resist the Federal Government. The Pres
dent Of the United States is assailed for
treating the rebellion just as Congress
enacted it should be done, as follows |:
"That the President is hereby authorized,
| at any time hereafter, by proclamation, to
extend to persons who may have been par
ticipants in the existing rebellion, in any
State or part thereof, pardon and amnesty,
with such exceptions, and at such time, and
on such conditions, that he may deem expe-
dient for the public welfare." Act July
| IL, 1862 12th U. S. Statute, o. 692. A law
which plainly contemplates the encourage
ment of rebels to return to their allegiance
and resume their duties as good citizens
| If President johnson has abused this dis
cretion, why did not the Radical Congress
repeal it2. . .r ..r .l..... ..............
Thirdly, Mr.. Perry, after vainly trying to
pick flaw in the Philadelphia Platform,
| became rather sarcastic on the character
| of it's, upporters-talked about the reac-
tionary party, and became prophetic about
| the hours struck by the great clock of Time.
do not propose to follow him (Perry) in
this vein, except to remark that the little
side show at the Radical Philadelphia Con-
| vention. between Fred. Douglass aud Anna
Dickinson, was at least as odorOus as the
by-play of the Massachusetts and South
Carolina delegates might be affected--and
that the fellowship between Charles Sutnt
ner and Jack Hamilton OF Texas, could be
well set off by the following preamble and
resolutions, passed at meeting in the city
of Austin, over which the latter presided
WHEREAS We hAvc Learned with sincere pleas
ure of the prompt and merted cAStigatiOn inflicted
by tho Hon Preston 5. Brooks, OF South Carolina,
upon the person Of Senator Sumner therefore,
ResoLUed That the Hon. Preston 3, Brooks is en-
titled to the earnest thanks of the whole South for
the energy aud hearty will with which he struck
down her infamous enemy, on the spot where the
honorable fuisn poured forth for four consecutive
hours, unmerted abuse Of her institutions and ia
'o RssofSsS, That in testimony of our appreciation
Of the patriotic conduct of Colonel Brooks We will
prese It to him cane made of the toughest wood
which grows on the soil Of Texas, and which there
fore. with manifest proprety, should bo applied
with the full force of q stout Southern arm upon
the backs Of our hypOcrtical and slsnderOus enc
mics. No. - ',i1. 's..I1 .!IH.. ....r...
ResoIusd, That q committee of ten, be appointed
BY the Chair to carry out the object Of the preced-
Rssolced. That the proceedings of this meeting
''''''' " prOi''-'O A.. j. HAMILTON. Chairman.
A. ] Lori. Secretary.
= Doubtless, when the high-stilted Brevet
of the Ohio State Journal condescends to as
sociate with common mOrtals, after his late
impregnation with the sacred effluvium of
Fred. Douglass, and the rest of mankind as
81 nilates itself to the law of progress, by
learningto eat New England pumpkin-pie,
Mr.. Perry will be able to satisfy the public
how his present position accOrds with his
action infreporting, if not absolutely draft
ING. as Chairman of the subcommittee on
Resolutions, at the Union State Convention,
| in June, 1866, the following: ~ e'f
Reso.ved. That President Audrew johnson, by
his unwavering devotion to the u nion, through
! years Of the severest trial, has WON our highest
Of his Administration, looking TO the RESTORATION
az peace and civil order In the so-called seeded
States. and as Union men Of Ohio. we will awe him
our hearty and UNDIVIDED support. f" Il '"lrH
,o1I leave him to answer what was the diff
ference in President Johnson's policy then