Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-01-18

would be to say, In a case OF deliberate MUIR
der, thatn no murder was committed, because
the law forbids that crime. .h.I .hl or
Sir, | most respectfully submit that the
cases are not at all similar; and the illus
tration does not In the least aid the GENTLE
mans argument. In the case of murder
which he puts, the crime was actually COM
mitted, and the murder had taken place. III
1t had been mere assault with intent to
commit murder, and the person assaulted
was not killed, It would not have constitute
ed the crime of murder. So in relation to .
these States. 1t was on their part an at
tempttO withdraw from the Union, which
was resisted and prevented; and the act Of
secession was not, and could not, be con-
summated, except by the success of the re-
bellion, but that having been defeated, the
secession Of these States was thus prevents
ed from becoming a consummated act! y
But when the gentleman further argues
that we have conquered the people OF the
late insurgent States, and have the right by
the law of nations to impose upon them such
conditions as may be imposed by the con-
queror on asubjugated people, he forgets
the real character of the late struggle. 1t
was not war with foreign nation. 1t
was struggle to preserve the just power
and jurisdiction of the United States, and
maintain the Union. Our Jurisdiction had
been ousted over portion of the Republic
by an armed aud organized force and we
exerted iorce to remove this resistance, and
reassert our rightful jurisdiction, which
had thus been invaded. We have success
fully overcome that resistance, and can now
enforce the laws of the United States in ev-
eryportiOn of the Union. We have not by
the war gained particle more jurisdiction
or power than we enjoyed and exercised
hafn ha annnaDnnI have
merely vindicated the right to exercise that
jurisdiction and authority which we assert
ed before secession was attempted. 1t is
not at all similar to war with foreign
power, In which we have conquered terri
tory from the enemy. In such a case we
would have obtained power and iurisdic-
tion over territory and its Inhabitants,
which we did not have at the commence
ment of the war; but in our late struggle
we have acquired no new power or juris-
diction, but simply have regalned firmly
the power and Jurisdiction of which the
insurgents sought by the rebellion to de-
prive US. I...s ..... ....-r.. ....... d..
While the war lasted, it became necessa-
| ry, in the true interests of humanity, that
| it should be conducted according to the
rules of enlightened Christian nations; but
now that the war has ended, and the peo-
pie of these States have submitted to the
| righttul Jurisdiction Of the United States,
and returned to their duty, the rules ofwar
no longer are to be invoked; but we are to
look to the more appropriate and peaceful
| remedies for all that remains yet to be
done, to the Constitution of the United
| States. Sir, we do not hold these States as
conquered territories, because they have
always been, and continue still to be, States
within the Union. /.
While | must admire the boldness and
consistency of the gentleman from Penn
sylvania in adhering to his cherished doc
trine, that these States were out of the
Union, yet would fail in my duty to my
self and my constituents, il did not de-
nounce it, as most dangerous to the pros
perity and harmony of this Union. % Nl
After the war commenced, and after the
several States had passed their ordinances
of secession, repeated acts OF Congress were
passed based on the principle that all the
States were in the Union. H-
Allow me to refer to the act approved
| March 4, 1862, fixing the number OF MEM
bers for the House OF Representatives from
and after the Sd day of March, 1863:
"Be u enacted by the Senate and Roussof Reprs-
Sentdtives Of the United States Of AfnetTeG IN Con.
0ress assembled, That from and after the Sd day OF
| March, 1863, the number of members Of the House
| Of Representatives of tho Congress OF the United
States shall be two hundred and forty-onei aud the
eight additional members shall be assigned one each
| to Pennsylvania, Ohio, Kentucky, Illinois, Iowa.
Minnesota, Vermont, aud Rhode Island" .r
Let me inquire how this number of two
hundred and forty-one is made up? We
have not two hundred and fOrty-one mem
bers in this House. Sir it was by allowing
Virginia eight Tennessee eight, Georgia
seven, North Carolina seven, South Caroli-
ma four, Arkansas three, Louisiana five,
Mississippi five, Alabama six, Florida one,
and Texas four. This act was passed while
the rebellion existed, and is The law of the
land to-day. Was this law constitutional,
and did these eleven States, on the 4th day
of March, 1862, compose part of the Union2
Other States are to-day represented on this
floor under the provisions of this act OF the
Thirty-Seventh Congress. ..o.t. /.
But again, section three, article four, OF
the Constitution Of the United states, pro-
vides that Ia. .... -..- .t.n.......r
''No new State shall be formed or erected within
tho Jurisdiction Of any o,her State orany State be
formed BY the junction Of two or more States, or
parts Of States, withOutthe consent OF the Legsa-
lures Of the States concerned as well as Of the Con-
gross, ..frr... .r.f.sIi Il. .,.gar..... ....
Let me ask how, under this provision of
the Constitution, the act admitting West
Virginia was passed? If by the act OF ser
cession the State of Virginia ceased TO be a
State within the Union, how could the con-
sent of the Legislature of that State be OBJ
tanned for the creation OF West Virginia
But we find by the act admitting West Vir-
ginia that it is recited in its preamble,
| that--iligJg4 sdi 10 7ggpu E.H.lf 4ol lo
"The I,eCislature Of Virginia by an act passed oa
the 18th OF May 1862 did give its consent 20 the for
nation Of new State within the urisdictonOf said
State Of Virginia. 'c'- HlilE.a fat'Dh1l9n1
There was, then, at that time, such State
as Virgiuia recognized, and if lam notmis-
taken THE distinguished gentleman from
Pennsylvania voted for the act admitting
West Virginia do not say that Virginia
did give her consent to the formation of q
new State within her boundary 1 only re-
fer to these transactions OF the past to show
that these States, after the acts OF secession
were passed, and during the continuance OF
the war, were regarded as within the
Union. I" 10 lN7hit'i1 9h' nl )n1a % eroli
But il isa unnecessary to cite further in-
stances OF legislation to prove the position
of the honorable gentleman to be wholly
untenable. -
There is, however, one instance in our
history plain to the American people, and
recognized by the whole civilized world,
which, seems to me to settle the stGtHs OF
these States beyond controversy, and that
s.isir, the fact that Andrew Johnson, citi1
xen,of Tennessee, lis the President Of the
United States, and is SO recognized by every
department of the State and Federal Gov
ernments, aud by the nations Of the world.
0+ Sir If the doctrine maintained and adV0-
Gated by the distinguished gentleman from
Pennsylvania be sound, then there Is no
| ouch Static as Tennessee Within this IIni0n.