Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-04-03


United States under General Buell.. On the Fourth
Of July of that year. delivered to you an address,
Fortunately | haye preserved it, and | want to
read extract from that speech 10 show you
what was then considered loyalty, and to see who
has ehanged-whether we do not stand TO day
where we stood then. and when the views then
expressed by US. met with the warm and ardent
approval of all loyal men.
I wish you to remember, that this language was
used months before Secretary Stewards dispatch
TO our Minister at Paris was written or published.
| said then:
This attempt on the part of the people of the
Southern states, TO defy the Government Of the
to relnquish its just rights over the people and
territory. and its duty TO protect It's loyal Cit
zens, is the attempt Of madmen. This rebellion
must cease. The Constitution must be upheld: the
laws must DO enforced; the Union must be sus-
tanned IN IT'S integrity, and Intact and unbroken
as ia territory.
Why, Government is entitled to no respect
that will yield anything to traitors in arms Let
rebels lay down their arms, and return to their
allegiance, and they. will be forgiven. If really
injured, or deprived of any of their political
rights, let them go to the peaeeabe remedies I'M
der the Constitution; to the ballot box and to dis
eussion before the people. In this way they will
| find full and ample remedies provided for the
| relief of every political wrong.
| Let the people of the Southern States abandon
] their insane and foolish rebellion: this bloody
experiment of redressing political ills by force.
Let them relieve as far they can those who have
| suffered from their policy. Let them assume their
civil rights-sead back their members to the Con-
| bloody tragedy.
1t is the end that must and Will be reached at
last. 1t is what they will have to do in the com
| ing future and itwere better done now"
Such were the words used in the summer Of
| 1862. stand by them to-day. Who has changed!
| Then, they were considered words of wisdom, and
me- Let US go back to the old land marks. Let
us re-kindle our lamps at the pure fires of genu-
| Ine patriotism y
| CONGRESSIONAL ACTION.
The legislative, well as the executive, de-
partment OF the Government, by Its acts presents
impossible barrier to this intended lnroad upon
the life of the States AMI gives the official lie to
| the assumption that they are dead.
! On the 9TH of August, 1861, in the midst OF the
war, Congress passed act to provide for raising
revenue. In that act direct tax Is imposed on
the United States. under that clause Of the Constr
direct taxes shall be appOrtioned among the seye-
raj States which may be included in this Union
according to their respective numbers. ana tnae
| tive" And in the apportionment the law uses the
| following language:
| That direct tax is hereby annually laid on
| the United States and the same shall be and Is
| hereby apportioned to the States respectively and
IN the manner following: Tennessee, Soog; 4So w.
| and the other States declared In rebellOn are
mentioned by name, and taxed accordingly.
Here, by this act of Congress, these States are
| enumerated by name as States OF the United
| States and still belonging to, and of the Union
| Why, We know that every provision OF TINS law
| is enforced in these States. Stamp duties ana IN
come taxes are imposed upon us. The tax gath
| erers of the Federal Government are amongst Us
| exactng taxes and yet, when we ask Tor repres-
entation it is denied festiRG ieRts" is the rule
as in the restoration of the States in their political
rights, yet the opposite rule IS enforced as TO any
obligations they may be owing. These DuruenS
we have to bear; let us bear them patiently.
| On the 18th day of March, 1862, Congress by law
| enacted that the number OF members OF the House
| of Representatives should be after the 4th of
| March 1863 two hundred aud forty-one. VI tins
number fifty-scven were assigned to the states by
| name which had been declared in lnsurrectlon
and rebellion. Yet, there are now only one huhu-
| red and eighty-four members composing tne
| House. Where are the others Some OF US Tor
| months applied, but we were refused
On the first Monday in December. 1851, after tle
passage of the ordinance of secession by the state
of Tennessee and its ratification by the people,
| and the resort to arms had been resolved on
| Horace Maynard and Others as members from
the State of Tennessee elected at the general elec
| ton on the first Thursday in August iS6l' were
/ admitted to their seats as members OF the pun
| Congress- and Andrew johnson occupied his place
| in the Senate of the United States as one OF It's
Senators. -, :,
| Not only So but ports of entry We're established
| in OfIthese States-andJ Judges, Marshals anu
District Attornies appointed with the consent OF
| the Senate.
All of this was done during the tendency of war,
and yet now that the war has ceased. 1t Is urged
| that they are no longer States,-but Territories
| subject to the will of the conqueror
The record of the Congress is therefore against
| the position that the seeded States were or are
out of the Union-in any sense or for any purpose
| Executive messages and proclamatons ana CON
gressional cnactments all concur IN pronouhchS
| il false in theory aaa in fact.
| 1t does seem to Inc that the Republican party
are precluded by the facts stated, and Il denial
now on their part to the States OF representation
| is wantOn attack upon the President OF the Uhl
ted States: stultiies its action as party; and
involves its followers in dark labyrinth OF IN
| consistency from which there is no escape
CHIEF JUSTICE CHASE.
In a discourse delivered at Dartmouth College,
| he said;
eft is nv opiuion the States remain States. The
| Rebel Governments of the Southern States have
| been destroyed. All the machinery OF these Gov-
ernments has come to an end; and now, holding as
| | do that these States remain States, the second
| process of reorganization is that the Govern
| mcnts now revert into the hands of the Southern
| people They are TO rebuild the Governments OF
Such were the views as expressed by Chief JUS
And even Stevens. of Pennsylvania on one oc-
casiOn used the foil owing language, clearly dem
onstrating his acquiescence in the same great po-
! liiical truth -,
| Mr.. Stevens introduced resolution in the
| House Of Representatives, ON the 4th december,
! 1862. declaring:
| That if any person in the employment Of the
United States, in either the legislative or eXecu
| tive branch, should propose to make peace or
| should accept propose To accept any such pro-
position on any other basis than the integrity and
entire unity of the United States, and their tern
tory as they existed at the time of the rebellion,
| he will be guilty of a high crime.
| And Gen. w. T. Sherman, the hero of so many
| we-fought battles. and whose grand march to the
| sea will make his name immortal, SAID IN letter
| dated January s. 1865:
! Georgia is not out of the Union, and therefore
| the talk of reconstruction appears to be nappll-
cable. My opinion is that no negotiations are me-
| cessary, nor commissions, nor conventions nor
| anything of the kind. Whenever the people OF
Georgia quit rebelling against their Government.
| then the State of Georgia will have resumed her
| functions in the Union
| These views the President with true discern
ment has perceived, and IN torclble language mas
expressed. showing that he fully compartments the
| true distinction, when in his message he said:
| The States attempting to secede, placed them
selves in condition where Their vitality was I'M
paired, not extinguished their functions suspend
| Now, / fatter myself that after the passions of
| the hour have Gained down, and reason IS re-
| stored he will be sustained by the people OF the
| country who desire peace and Union. Ills policy,
| | take it, will commend itself to the judgment OF
| all men, uninhuenced by hate.
| Did the rebellion destroy the rights OF the
| States Did it suhec. the loyal people to the
| same punishment of the disloyal? Are they sub
| ject to the Congressional Will! II So Where DO
| have always been taught to believe. that under
the Constitution of the United States the Federal
| Government is of limited powers, although
supreme in regard to all of the subjects submitted
| to- or conferred upon it. Every other power, by
| express Limitation, is reserved to the States,
Now, ifas | have endeav0red to show the States
still exist then the only power that Congress has
over them, is that which is conferred by the Con,
| stitution. Has the war enlarged or diminished
| the power thus conferred? 1t is obvious to every
| intelligent and practical statesman that the war
| has done neither; that the relationship Is pre-
| cisely the same now that II was before the war.
| If the Government was sovereignty, limited
| by the provisions of the Constitution before the
| war, it remains just the same after the war has
| terminated successfully. 1t has recovered its
| rightful authority and nothing more. 1t has the
| power to punish those who raised their hands
against its authority for treason or it can pardon
them-yet ii derives this right not because OF sue
-. hrffr fha Inv nt he
| This is an inherent limitation to the power of
the sovereign, asserted by all of the Presidents
| in relation to and its results. when waged by
| an established Government against its rebelllOus
| subjects or citizens.
| Never before has it been caims8 that a sOver-
eign, whose power is limited by Nfitten constitu-
| ton. and who has been compelled to take up
| arms and wage war to repOssess itself of its con-
| stitutiOnal authority over part OF its terrific
| ~, occupied for a time by rebels, can acquire as
the result of victory any other political power,
| or any more enlarged authority than il had ut the
| time the war was declared.
This cardinal doctrine controls the President :
Now, that the war is ended, the President assumes
that the only and proper guide for his conduct Is
the Constitution; yet Congress claims. even after
tho war is over to exercise powers not conferred.
| Where do the members Of Congress obtain
| authority for their favOrite idea OF exact
| ing terms from the Southern States before they
stitution any where confer such authority? IFS in
what clause Why do they. claim the right to die
tate TO the States what shall be the character OF
its internal policy, and to exact n slaylsh ODE
| dience to their commands, As the prlee OF having
| RepresentativeS2
| Ny fellew citizens the pertinent question arises
! Are we TO live hereafter under the Constitution.
| or under the wild theories born of the thr0es OF
the great rebelliOn-a system military IN it, char
| actcr, and demanding as indemnity for the past,
! 81 &C.. ua1fl