Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-04-09
COLUMBUS, O., TUESDAY MORNING,

!,
President Lincoln, to suppress an insurrec-
ton, and was so continued by Con gress
throughout the conflict. Similar views
were set forth by President Jackson, after
the secession ordinance of South Carolina,
in his great PROCLAMATION of 1882, carried
out by the force bill of that date, and jby
the army and navy under the command of
Scott and Elliott at Charleston. Such were
the views expressed by Dahiel Webster inil
his incompatible speeches of that date :
such were the opinions of Henry Clay
Martin Van Buren, and all the Union .patA'
riots of that date : such was the action tof
Congress in suppressIng the whisky insur-s
rection of 179S, and the Olmstead revolt Of
1907, although sanctioned by the Legisla-
ture and Governor of Pennsylvania; SUCH
was the action of the Government in sup
pressing the South Carolina secession of
1882 such was the action of Congress and
of President lincoln throughout the recent
rebellion, and such has been. the uniform
opinion of this Court. Congress never did
declare war against State or attempt to
punish State, iorexercise any such powefJ
unless indeed its recent action within the
last few weeks may be regarded as the ex-
ertion of such power. If the people,
whether few or many, a majority or a mi
nority, by secession or otherwise, attempt
ed by force to destroy the Government, or
dissolve the Union, it was a case of insur-a
rectfon, to suppress which,, by its whole |
military power, was the right and duty of
the Government. Throughout the rebel
lion, the Constitution remained in full
force int State; so did its then existing
State Constitution and State laws framed |
under and in suhordination to the Federal
Constitution. Those former State Consti- |
turions and State laws remained binding
and in full force throughout the rebellion,
and they are in force now, except so far as
changed since the suppression of the
insurrection by the people of the State
acting in subordination to the Fed
Il Ieral Constitution, or by amendments to it.
/ An unsuccessful rebellion does not with
| draw State from the Union, deprive the
Estate Of any of its rights, Or repeal the State
/ Constitution; nor does it authorize Con-
gress to change that Instrument or to
l frame, or dictate, in whole or in part, any
new Constitution. Congress cannot change
terms Established by the Federal Constitu-
tion) under which a State Is entitled to
representation in the Senate and House of
Representatives; it cannot prescribe any
new conditions, much less can it say that,
| unless State shall regulate the right of
| suffrage according to the will of Con-
gress, it shall be forever excluded from the
4 ,Union.s Four of the States over whom this
power is attempted to be exercised, are
/ among the States which framed the Consti-
i tuition. Others OF these States were admit
| ted under ''unalterable'' and "irrevoeable"i
| compact, made ''binding and conclusive
/ on this Government, by which they were
forever to enjoy, as States, all the rights
i stipulated by those compacts, and to be adj
mitted as they were into the Union, ION
i the same footing with the original States
in all respects whatsoever" Is this true
if Massachusetts, and New York may regul
Hate the right of suffrage now aud in all
4 time hereafter within their limits at their
: pleasure, but Virginia and Mississippi cam
not do so? Is State, even IL readmitted,
in which Congress regulates or dictates the
l.irr of Sy1f fro nH o. q r
leIs, not delegated by the Constitution, in
truth State; or is it not merely suber-,
: dinate province, and in fact, and in conteln-'
plation of the Constitution, not State OF
the Union? Certainly it is not, as required,
f La State .son the same footing With the orig
: inal States IN all respects whatsoever" If
! there was anything clearly required by the
, Constitution it was the uniformity of
its operation in all the States. Congress
cannot discriminate among States III the
; exercise of its constitutional powers.
It cannot say one State shall regulate with
+ in its limits the right of suffrage and not
another. II cannot say certain class shall
vote now and forever in one State, but may
remain excluded in another. ..i
| If Congress may discriminate among
States on a question so vital as the right of
suffrage, it may thus discriminate in all
: all their rights under the Constitution, and
: depriving other States of all or most of such
: rights, leaving them States in name only.
: A State cannot rebel: it cannot commit
:: treason or any other crime. A State can
D not be traitor, nor can it be tried or pun
ished as such, or subjected to any penalties
2 or forfeitures. But the citizens of State,
l whether few or many, whether minority
or majority, may commit treason; and
7 those who have committed treason, and
!, those only, in any State, North or South,
:. may, on.conviction in the mode prescribed
D nv tho Con Ctitntinn he nnniSh66 traitors.
But those of any State, North or South,
81, who were true and loyal, cannot be punish
5 ed, much less can they be degraded from
r citizens of State to citizens of a Territory
y expelled from the Union, taxed without
representation, deprived of the right of trial
by jury, of all the rights secured by the
: Constitution, and subjected to military rule.
It This would be to- confOund the innocent
t with the guilty, would be contrary to the
y Constitution, and repugnant to every prin-
a ciple of law and justice. Suppressing re-
e bellion in a State is wholly unlike tOreig
i war, and the results are entirely dissimilar
J. In the latter the whole people, including
: even our friends, are by the law of nations
: public enemies, and may be treated as such,
e because they owe allegiance to their own
s Government. But here the whole people
II of every State owe paramount allegiance to
It the Federal Government. Hence the loyal
e men are not, nor can they be treated as
: public enemies, and contrary doctrine
e would be equally unconstitutional, un wise
n and unjust. Throughout this conflict the
contest has been uniformly conducted by
|, Congress, not as making war on State, OF
!. conquering State, but only as the sup
% preston of rebellion. The so-called re.
5, bellouS States have been constantly re.
q garded as States of the Union. They were
! so unanimously declared by Congress af
Is ter the secession ordinances and Insured.
D tiOn and repeated conflicts OF arms, and The
It idea OF conquest, or subjugation, or eXpul-
d sion from the Union distinctly repudiated
g Representatives in the Senate and in the
:, House from these States, and after these
e events, were still admitted without ques.
ii tion; representation in Congress was as
IT signed to them under the last census direc
y taxes were apportioned among them as
% States and have been collected; Distric
d and Supreme Court Judges assigned to then
$, as States, and other officials; the action Of
S, State Legislatures, long after the rebellion
e still recognized, and especially in the asSen
4, of the Legislature of the State of Virginli
le to the creation within its limits of the STATE
IL of West Virginia. Amendments to The
1t Constitution of the United States have
l. been submitted to their State Legislature;
m organized under their recent Constitutions
l. and, in one case at least, the action of sucf
D. Legislature distinctly recognized by Con
gress, and their cases heard and deter
r mined, as cases from States, by this Court
~ 1t is thus that Congress, as well as this tri-
3 bunal. is distinctly committed to their re-
a cognition as States of the Union. Even il
te the acts objected to In this bill they arr
Is called States" but "rebel States" as if
g State could be rebel in its corporate capac
h CITY! If so, who represented such States
N as States in such acts of rebellion? No
" the Conventions which framed tn
> secession ordinances, for they wer
mere insurrectionary popular assem-
IN blages, having no legal or constitu
n +io1oI nouer Whatever The SO-called Stat