New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1866-02-10
SENATOR DooL1TTLE
ICONS TRU G TION

IN TUR SENATE, y III. IL, VI thc icSoAutAoh VI
Mr.. Howe 10 establish Provisional Governments foI
the Rebel States Mr. DooLIrrs after referring to the
constituent States Of the Republic, their area popuia
ton and production sad
Before giving my views, viii notice WHAT Is some
times said that this questiOn-uamely, whether tney
are States in the Union under the Constitution or are
territories-is mers abstraction an idea OF no prac
tical importance While yield 10 none IN the desire
10 secure practical good and avoid practical ev can
not forget that ideas rule the world. They are TIC
spiritual forces which bring on wars lead IN revolu
tons and undere every grent movement In the scien
tiGe religious and political world need go no further
to find an instance than to this great Rebellion against
Two radical ideas-radcaIy false howcver-brought
On ths civil war which has cost this nation more than
half million lives and untold millions Of treasure.
First that States had a right TO seoede; ard
Second that Slavery Is a blessing.
The surrender of those two ideas BY the South Is now
the basis of permanent peace
Sir this question. whether those States are still in
this Union under the Constitution not ia vain alb
straction, no idea without immediate practical and
most grave consequences.
1t Is of no practical consequence whether TO adopt
amendment TO the Constitution it requires the ratica
ton OF 81 or only 81 Statesi
Is of practical importance whether III States.
with their 10 900 Of people shall be taxed and gov.
erned without representation With less than one.
third OF that number OF people our forefathers because
the Parliament OF Great Britain in which they had no
representation passed laws to tax them. declared tue
independence Of these States.
1t Is of no practical importance whether these IL
States and 600 900 Of people shall govern themselves
only to the Constitution of the United States, or
whether they shall be held as subject vassas to be
governed for indefinite period by the unlimited VIII
of Congress, or by the sword
Is 1t of no practical Importance whether the flag OF
our country for which bali million OF people have
blem OF Union Of 30 States speaks nations truth,
or is monsrous fllsehoodi
These and many like questions are involved In this
discussion and depend upon the answerto the first.
1t is therefore in my Judgment question of the first
magnitude-a question which neither men nor parties
can avoid or put aside 1t demands and will have an
answer 1t Is question, too upon which there Is and
there can be no compromise and neutrality. They
are states in the Union under the Constitution or they
are not We must affirm the one or the other.
Quoting the language Of Mr. Lincolns proclamation
Of Dec. 9, 1853 the policy OF reconsructon. and
also the speech Of Mr. Lincoln on the th Of April 1902
at Washington and urging that the policy therein
maintained had been approved by the people Mr..
follow the views thus laid down and then stated the
ground Oh which he gives them his support.
Where are those eleven States. and what Is their
situations
And frs. where are they'
In this Union under the Constitution, or not That
they were in this Union all concede. lfthey have
gone ont from this niOn must have been by one or
more of three ways:
l. BY way of peaceful secession by voting and re.
solving themselves out; or.
III. By successful revolution. by hghtlng their way
out to a separate independence; or
Ill They have been PIT out by act Of Congress-
There Is not, and never has been. any other way or
WAYS conceived or stated tAan one or more Of these
three
Strong men o. the South have maintained that the
first way always open TO them. They asserted the
right Of peaceful secession IL was always met how.
ever 1t was oyerpowefed by the logic OF Mr. Webster
in this body aud resisted by the iron VIII OF Andrew
Jackson during bis administration.
IL has often been reasseried IN this body since
became a member, and as often met and reigied In
their folly and madness. from the decision here and
before the people the South appealed 10 arms discuss
the same question the ted Of battle. They tired the
second way namely bv way Of revolution 10 cut their
way out with the sword. That for time they made
fearful progress IN that direction no denies Bot
did they succeed No maa. North or South. dare
affirm IT,
No Sir. no.
Thanks to that Almighty Being who rule, the uni.
verse the great Generals found at last capable Of
oresnixing and welding our immense forces. Grant
and Sherman. aud Thomas and sheridan and the great
officers and brave men under their eonmand crushed
revolution and then In the last tribunal known 10 man
kind In nm appeal the God Of battles ~ the Hltm1
ratio rgn decided, and in such way as to leave no
doubt in any sane mind North or South, that no State
can 20 ont Of this Union by the way OF peaccahe seces
sion nor by the way OF successful revolution. They
IL remains TO consider the only other way the third
woy which for breyity will call with no disrepect 10
NV honorable friend from Massachusetts, me SUMNfR
WAY FOR STATS To CO oUr OF IIiE CsIoS-haney. by
act of Congress. 49,,
MIR Dooite then argues tina, Congress could have no
power to expel the States from the Union because
amounts 10 dissolution Of that the acts oCon
gress had no such intention ard have no such con
strucon that by the action Congress In arpofiion
ing direct taxes and two funda
entals In republican gOyeTnment-ihe status OF those
eleven States included within this Union Is declared
and acted upon. and that by the act OF unc T. lro2
amended IN February lsc3 relating 10 taxes Congress
declares not that the States are outside OF the Union
not that they have lost their nights In the Union but
recognizing tie Instruction In these States, declares
four things:
rection and reestabsh the civil authority IN these
States.
these ates have the right TO elect their Legislature
Governor and State Officers.
III When the people elect them. and they take the
oath to support the Constitution OF the United states
the President is by law required 10 Issue Ills procAna
". After the issue OF such proclamation. the Sccre.
tary of the Treasury Is required to pay over certain
to the Governor oil the state 10 DO disposed OF
as the State may direct.
That law is in force now; IL still the supreme law OF
the land It's language demonstrates with complete
certanty-a certainty which excludes all dOubt-that
in the judgment of Congress those IL States are still
States In the Union under the Consultation.
The inquiry is then made What constitutes State :
and especially what constitutes State In this Union
under the Constitution, / answer the same things
which constitute State not In this Union, except
as its rights powers and sovereignty are limited by the
Constitution Of the United States Under that. the
United States has entire and absolute sovereignty
all external airs over all relations with foreign Pow
ers The United States has also paramount and abso-
Lutte sovereignty all internal affairs committed to II
by the Constitution Tho State has limited sovereignty
over its domestic affairs and interests. say limited
sovereignty because an amendment to the Constitution
az the United States which three-tourths Of all the
States can adopt at any time will still further abridge
the rights and MOVERS the States. and thus
give additional powers to the United st'''- -on,.o,
% these limitations however in TIN, Iinlon ~
all the essential at,rb.es rights and powers Of States
not in this Union,
They cannot however set up by rebellion or other.
wise any but republican form of government, and
bound to interfere. IN Ills case interference by arms
vas necessiy. and successful. The effort Of the
States to throw of their allegiance was defeated but
they did not by that defeat lose their character