Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-02-15
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|
The House having under consideration
the House bill to provide for the more eff
cient government of the insurrectionary
States, m1a eB sant .IIN2. ~
Mr.. FINcK said:r .ag
Mr.. Speaker, / approach the examina-
tion of This measure With q saddened heart.
| know OF none which has been presented
to the American people of SO grave char
acter and magnitude as the questions in
volved in the bill now presented by the
distinguished gentleman from Pennsyl-
vania. Ihave been taught to revere the
Constitution of my country and to love
the Union of these States. have been
taught to believe that ours was a Govern
ment of law, in which the rights Of the
American people were protected by the
Constitution OF the Federal and State Gov
ernments. But sir, see an attempt in the
passage of this measure to overthrow free
Government, and to establish on its ruins
the principles of military despotism. Ihad
hoped that the great issues before the
American people would have been adjusted
in the spirit of wisdom and moderation, and
that all the States once more would be as
sembled here by their representatives, in
accordance with the provisions OF the Con-
stitution, and again move along harmoni-
ously in the legitimate legislation of the
American people. In the presence of this
measure tremble at the thought that our
hopes may perhaps be forever dissipated.
Certainly no member on this floor who
understands the Constitution of the United
States, and who is friend of free govern
ment, will pretend to urge that we have
any constitutional power TO pass this bill.
[ understand the distinguished gentleman
from Pennsylvania Mr.. Stevensl does not
argue that there is any authority under the
Constitution of the United States to sane-
tion this measure; where, ask, does he
obtain the authority to pass 1t? On what
principle is this Congress and the people of
the United States called upon to adoptit2
If understood the gentleman correctly,
he claims the power to pass this bill under
the law of nations and upon the doctrine
of the right.nt the cOnquerors to take pos
session of and control conquered territory
and its inhabitants in such manner as may
suit the purposes of the conqueror. This
is the ground upon which the measure is
defended. Certainly no man will insult
the intelligence of the American people by
defending it upon any other principle. 1t
is at war with the Constitution; it is at war
with every principle of free government
And 4 submit, Mr.. Speaker, that it cannot
be successfully defended on the ground
upon which it is placed by the chairman of
the committee. TtE..r
He places it upon the ground that we, as
conQuerors, have right to dictate to the
people of these ten States their governments
and by the strong arm of military power
hold and treat them as a-cOnquered people.
[ deny most empbatically both the prem
ises and conclusions Of the learned gentle
man. a aHJ rc t.rr. i.#aH.a1t 4. ...
/ can understand very well how when
two distinct and foreign nations are en-
gagged iD war, the result of that war may
be conquest of the territory and of the in
habitants of one of the belligerents. That
result has been achieved more than once in
the history OF the nations of the earth.
But, sir, that condition of things could not
result from the late war for the suppression
Of the rebellion. What was that war, Mr..
Speaker? Ii was not war between dis
tinet and separate nations. 1t was war
upon the part of the Federal Government,
to do whatp Not to make conquest of ter
ritory. Not war for subjugation. No,
sir; IL was war on the part of the Federal
Government to enforce its laws throughout
the Jurisdiction of the United States. 1t
was q war on the part of the Federal Gov
ernment to remove all armed opposition to
the execution of the laws and maintain the
supremacy of the Government; to pre-
serve the union of these States and TO sup
press all opposition to the just and rightful
execution of the laws of the United States.
/ Need say that In such awar as that,
confined within the limits of the Republic,
there could not be any conquest of territory
or the people of any State belonging to
the Union? put the question to the dis
ItInguished gentleman from Pennsylvania,
| Mr.. Stevens, what did you conquer?
You conquered q peace; but did you con-
uuer single inch of territory over which
the United States did not exercise jurisdic-
tion before the war commenced? ? Not a
single inch, sir. Neither did you acquire
by the results of the war Jurisdiction over
| a single man, woman, or child over whom
you would not have had jurisdiction If the
war had not taken place? No, sir; you
merely lyre-established firmly thejurlsdiction
| of the United States, not over any new
| territory, not over territory conquered
| from foreign enemy, but we re-estab!
| lished the jurisdiction OF the United States
over whatlhad been and what continued to
| be during the war-a part of the territory
comprised within the boundaries of the
| United States. We are not to-day exercis-
ing iurisdlctlon over these ten States
rightfully by the laws of nations, and
can only exercise over them the juris-
diction and authority which was author
lied before the war commenced, and which
| is regulated by the Constitution Of the
| United States. hch
Mr.. Speaker, the only ground upon
which the gentleman can possibly defend
his bill is the ground which does not exist
| in the condition of our affairs. Is it pos
sible, sir, that any gentleman will argue
| that the Federal Government could have
made conquest of its own territory? Such
a result would have been impossible. ask
gentlemen upon the other side who sustain
| this bill to cite-a single instance in the his
| tory'of nations where q nation has made
conquest of its own territory or its own
people. There is no such instance In his
tory. Nations have suppressed revolts
within their own limits; nations have sup
pressed reDellions against their Govern
| inents; nations have maintained by war
] the integrity of their own territory; but
| never has any nation in suppressing a re-
volt of its citizens against It's Government
ACQUIRED title to its own territory by con-
quest or the rights of the conqueror over
Its own people:
scheme on the pretext that this Government
| is authorized to exercise toward the territO-
ry and people of these ten States the rights
under the laws ofnations OF conqueror and
| thus overthrow the Government, is one only
| to be conceived by the fertile genius of the
gentleman from Pennsylvania, MIR. Ste
vens.l What Is the territory Of these Statesp
Who are the people Of these States who