Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1867-01-10

should follow its life until 1t should ter
inmate as an inherent and inseparable
part OF its existence.
But my friend says, "What If these
people do not accept it7 What then 2
Where are they Z" The same answer
may be made when We create any cor
poratlon. We endow body of men
with corporate privileges. Suppose they
do not exercise them suppose they do
not accept the boon which we offer TO
them; does that prove that We have not
the power TO create the corporations
Suppose they lapse, suppose they become
disorganized as the Southern States
have does that demonstrate that we
have no power to revitallze them upon
other conditions or to govern them in
their disorganized condition under the
paramount law of the land? My friend
voted with me for the civil rights bill,
which undertook to regulate private
rights in every State of the country, old
and new; and he voted for 1t, sup
pose, as | did, under the Constitution Of
| the country which authorized US, pass
| ing laws in accordance with that Con-
stitution, to see that they were executed
upon the citizens Of every State. We
are not passing laws here for the State
of Nebraska in its political capacity.
We have no relations, or very few in
| deed, with any State in its political ca
pacity. Those relations are all pointed
out explicitly and expressly in the Con-
stitution itself. But the relations OF this
national government with the people OF
the State are personal and direct; and
it is upon the people in their individual
and separate capacities cs citizens, that
the law operates. Therefore, if a State
fails to fulfill its functions, if the State
of Vermont or the State of Michigan
dislikes the condition upon which it has
been admitted, and chooses to elect no
Senators or members of Congress or
members Of the Legislature, and chooses
to become wholly disorganized, are the
people of either of them any less cltl-
Zens of the United States than they were
before? Does not the paramount law OF
the land still operate upon their persons
and upon their property Or are they
adrift and loose in the world, with no
power on the part of the Government to
regulate their conduct toward the rest
of the country? do not believe in any
such doctrine.
: This proposition which | advance is
not new proposition; the power which
it seeks to exercise is not q new power.
In some form or other it has been exer-
, cised from the beginning of the Govern
ment to this day because, as said be-
fore. those conditions which we have
heretofore imposed to be Incorporated
into the constitutions of these States,
the conditions which we imposed by the
act of 1864 to be incorporated into this
. very Constitution, have their only force
and vitality from our action for,
2 so far it depends upon the will OF that
| people, they may change that will to-
t morrow and reconsider it and set 1t
e aside, and then so far as their action was
: concerned, it would no longer exist; but
Y the paramount law under which That
e Constitution was formed and which cre-
= ated its very existence, remains intact
n and in vigorous force and exercise, as II
s did before. That is my position, and
s standing upon that position l am quite
IS ready to meet the Senator.
l. At the close Of the debate, Mr.. Ed
lie munds said | desire to submit al
amendment which l shall hereafter pro
n pose to the amendment of the Senator
1T from Missouri to the bill before the Sen
le ate. The amendment submitted wa
n substantially as follows:
"This act shall take effect with tn
& fundamental and perpetual condition
&c that in the said State Of Nebraska Their
N shall be no abrdgement or denial of tn
elective franchise or any other right t
e. any person excepting Indians not taxed
of by reason of class or color. And if an
d, person or officer shall in any cas-
re abridge or prevent the exercise of sue
I'd rights he shall be punished by fine nc
lg less than five hundred dollars and nc
exceeding five thousand dollars, any
d, thing in the Constitution or laws
said State to the contrary notwitt
le standing"