Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-05-01
MR.. sHELrABAReER,s SPEECH.

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Mr.. SBELLABARGER's SPEECH.
A few DAYS since Mr.. SHELLABAReER Of
Ohio-the representative of the Columbus
district OF that State in the Federal House
Of sentatives-dclivered a speech upon
resolution introduced 10y himself, directing
the Judiciary Committee TO inquire and re-
port whether it is competent, under the
American Constitution, for Congress to de-
clare by law the forfeiture Of citizenship
where that citizenship has been voluntarily
abandoned by acts Of disloyalty. 1t is a
speech prepared evidently with great care,
and after much thought, and is characterized
by considerable ingenuity. 1t is being ex-
tensively copied by the ultra press Of the
North, and commended as clear and ire
futable exposition Of their views on the
questions discussed, and will, doubtless, be
generally accepted as Radical manual.
The speech Of course assumes the affirma-
tive Of the proposition, and contends also
that the {" truly loyaT alone shall have the
powers of government in the holding Of its
offices, and the .exercise Of the franchise
privilege, and that the conscious and re-
sponsible leaders OF the rebellion shall be
tried, convicted and executed.
Its first effort is to Prove that this is the
sentiment and wish of the Northern people,
and that the Congress low in session, was
elected to give this wish the force and eff
cacy Of law; and further that the President
by his letter accepting the ice-Presidential
nomination, and by his frequent public ut
terances, is fully committed to that doctrine,
and that if there be sincerity and truth" in
him, there can be no breach between Con-
gress and the Executive in regard to it.
Next, the argument is prefaced as fol-
lows:
To be fully and accurately apprehended, LET me
state now what am about 10 maintain, and what
l shall not maintain.
do not think that the Federal Government
has any power TO exclude by law any civilized
native Of the United States from rights of ma
honal citizenship who has not violated or re-
do not maintain that any GWEN can, by any
act Of dislOyalty. or by discarding his allegiance
divest himself Of the obligations of the allegiance
which he owes his country; but, on the contrary,
hold shat he cannot.
do not hold that the United States can re-
gulate the enjoyment Of the elective franchise
IN the organized States so as TO prescribe who,
Of those who citizens, shall be permitted to
vote. | think the second section of the first
article Of the Constitution gives this power to the
What do maintain and shall strive to establish
is. that the United States is a supreme national
ity, with the sovereign power usually held by
nations. TO define the obligations of citizenship
aud demand the paramount allegiance Of all its
citizens, in return for national projections; and
that in virtue Of such sovereignty the nation has
the power, by law, 10 declare what gross open and
palpable acts of abjuration and abandonment of
the obligations Of citizenship shall work forfeit
ture Of all the political rights and powers of cti
zenship, including the elective franchise; and may
also prescribe what shall be deemed sufficient
evidence Of return to true faith and allegiance
10 his country, such rs to entitle him to demand
the rights Of n citizen.
The above propositions are supported by
the attempt to prove first, that "the United
States is a nation" as contra-distinguished
from confederation of States; secondly,
that "selfpreservahon is the right and
duty Of nations, and thai every nation is en-
titled TO the means of defense;" thirdly, that
citizenship is a national and not State
quality and gift" fourthly, "a considera-
ton of the nature and rights of citizenship,
and its relations to suffrage" filthy, that
citizenship may be forfeited by the legis-
tive exclusion from its pale and privileges
Of those openly disloyal and hostile to the
pvisfancn Of tho Goyarpp,ant
The remainder Of the speech consists of
historical illustrations of the use of this
power by monarchial Governments, and the
citation of precedents in the early history of
the United States, assumed TO bear upon
the question; and concludes by exhorting
that the doctrine taught shall be practically
applied to the Southern people as necessary
to the life and prosperity Of the Govern
mcnt.
Many positions in this argument may be
admitted, while some of them have never
been denied, and yet the power claimed for
the Government might successfully be dis
puted. The author seems entirely to over
look the fact that the mass of those denom-
mated disloyal, and upon whom he would
direct this action of the Government, have
been the recipients of Presidential pardon
and amnesty, and stand before the Govern
ment purged of ofense against the duties of
citizenship, and that this amnesty was grant
ed by express authority of the body to whom
he now appeals to deny them all the sub
stantial rights which it conferred. There
are other and more vital flaws in this argu-
ment, but it were useless to urge them while
the present phrenzy Possesses the minds of
SO many of the Northern people.