Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-03-24
0blo Statesrlrarl.
SPEECH OF
HON. w. II. FINCK,
. .. ....H. OPOHIO.
In the House of Representatives,
March 3, 1866, on the Repeal of the
Test Oath, and Policy to be
Pursued Toward the POO-
pie of the south.
[coNoLusIONl

DUU, SIT, lctiuiDR anu
and statesmenfof the North encouraged
these people in the belief that they might
peaceably secede. Senator Wade, in q
speech delivered in the Senate, third ses-
sion of the Thirty-fourth Congress, Con-
gesSionaI Globe page %, referring to the
speeches of Southern men about the disso-
luton of the Union, said:
"If they do not feel interested in uph 1lding this
Union If it really trenches on their rights, II 1t en-
dangers their to such an extent that they
cannot feel secure under tiff their interests are Vi
oently assaed by means of this Union, am not
one of those who expect they will long continue un-
der it. | am not one Of those who would ask them
Oence to the platform of the party TO which belong.
We have adopted the old Declaration OF lndepend-
enco as the basis Of our political movement, when
declares that any people when their Government
ceases to protect their rights when 1T is so subVert-
ed from the true purposes OF government as TO op,
press them, have the right to recur to fundamental
principles, and If need be to destroy the Govern
meut under which they live, and to erect on in
ruins another more conducive to their welfare;
81 hold that they have this right will not blame
any people for exercising it whenever they think
the contingency has come. shall certainly be the
advocate of tnat same doctrine whenever md that
the principles of this Government have become so
oppressive to the section to which belong that
free people ought not longer to endure IT, You VIII
not hnd inc backward in being the advocate OF dis;
union but the contingency having never come
have never yet opened my mouth in opposition to
this Union. But, for heavens sake, act, not talk
am tired If this eternal din of dissolution OF the
Union which is brought up on all occasions, and
thrust into our faces as though we Of the North had
sOme peculiar reasons for maintaining the Union
that the Southern States have not lhOpe the Union
will continue forever. | believe it may continue
forever. see nothing at present which think
should dissolve it; but il the gentlemen see II, cay
again. that they have the same INTEREST," in mantAn-
g ag,b }nS 6,yo tney M EnE Eey ave no be
You can not Iorci6Iy hOd men In this Union for the
attempt TO DO so, see to me. would subVert the
first principles Of the Government under Wnioh we
live"
Here we have the explicit and unquall-
fled declaration that "yOu cannot forcibly
hold men in this Union"
But further, we find in the New York
Tribune, February %, 1861, the following:
"Whenever it shall be clear that the great body
of the Southern people have become cHnclusively
aenated from the Union and anxious to escape IT,
we will do our best to forward their views
Again, in the same paper, of date March
2, 1861. we have this clear statement on the
same point:
1--WE have repeatedly said, and we once more in
sst that the great principle embodied by Jefferson
in the Declaration of Independence, that govern.
ments derive their Just powers from the conse9' OF
sS sTs hs is ton Of the @
only, choose to form Independent nation' they
have moral right tedo So"
But while we were in the midst of the
war, Mr.. Greeley, in the Tribune, on the 2lst
February, 1863, said:
"Iwas willing in the winter Of ls6O.6l, to let the
Cotton States go if they really desired It, was not
| only then willing that the Union should in good
| faith make them the offer, but nolo DEEPLY RE-
| GBET that it was not made and acted on"
Lieutenanj Governor Stanton, in speech
delivered on this floor on the 18th OF Janu-
ary, 1861, used the following language,
which | will ask the Clerk to read from
the Congressional Globe which l send to the
| desk.
The Clerk read as follows:
81 grant you very freely and frankly, that do not
| believe this Government can permanently be held
together by military force lido not believe thatany
section of this Conederacy will ultimately subJu-
gate and overrun the other and hold it as conquer
cd province have no idea Of anysp y thing. Ms
| body would attempt any such thing regard clVil
war as really settling the question that there is to
be ultimately separate conledeEEscy d nave ne
separation Of this Union, and the organization Of
separate confederacies. am perfectly satisfied Of
| that"
Mr.. FINCK-But the same distinguished
| gentleman, in another speech, delivered
| during the same session Of Congress-, on
the 23d OF February, 1861, said:
"Mr. Speaker, wheu there were fifteen sayehold,
| ing States acknowledging allegiance to this Federal
Government, and, therefore, having in their hands
the power 10 protect themselves against any invasion
of their rights on the part of the Federal Govern
| ment it was a matter of very little consequence
whether such amendment as that were incorporated
| in the Constitution or not. But the state OF the
country is now radically and essentially changed
this Government, have organize separate COnted-
eracy and have declared their Independence Of thi;
| Government Whe her that independeuceis to be
| maintained or not is with the future. If they shall
| maintain their position, and If public opinion IN
those seeding States shall sustain the Authorities
for yS so as s59%
bring them back for one am disposed to recognize
| that Independence"
Now, do not pretend to say that Gov
ernor Stanton was in favor of secession
but certainly these declarations, thus dis
tinctly and clearly made, by these distin-
guished leaders of the Republican party,
could not haze failed to have added force to
the belief, in the minds of the people Of
the South, that they would be allowed to
peaceably withdraw from the Union.,,
But sir, this test oath must operate on
all who have given aid to the rebellion
whether they acted under the honest belief
that their States had the right to secede, OF
whether they acted under the belief that
they were bound to follow their States in
the attempted secession. Nay, more than
this, it win exclude hundreds and thousands
who were not rebels, but who, neverthe-
less, assisted in the rebellion; for | take
! it that it will not be questioned by any
gentleman who has examined the subject,
| that all that large body of the people of the
/ late iusurgent States who aided in the re-
bellion onEuafter the Federal Government
was ousted of its sjurisdiction, and no long
er able to protect them from the iurisdic-
tion of the usurped power, are not guilty
of the crime of treason. And make this
declaration upon the broad and well-settled
principle of public law, that protection
and allegiance are reciprocal duties, and
that the Government which fails, or is un-
able TO protect its citizens from usurped
poweror other jurisdiction, cannot, after il
| regainsi its rightful jurisdiction turn around
and punish the unfortunate people for hav-
ing Welded obedience to such usurped
power during the period that the rightfu
Government was so ousted of its iurisdic-
tion and thus rendered unable to protect
these people. Todo so, would be most mon.
strous, and at war with the clearest dictate:
of sound reason and Christian civilization
and the we'll settled principles of law, This
/ doctrine has been fully recognized and APP
piled in the case of the United States os
Rice, a Wheaton r., and has been acted
on In England for many generations.
| But, sir, all these people are affected by
the oath of July, 1862; and its continuance
is most unjust and unwise. These people
have returned to their allegiance to the Fed.
eral Government. They have pledged them
selves anew to perform their duties and OBJ
| But we are told that they are not yet
prepared to be represented here; they are