Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1868-04-07
Old Thad. Stevens again Declares that
he Acts Outside the Constitution.

In the House, Saturday, Mr.. Stevens of
Pennsylyauia, rose at the clerks desk, and
said: Mr.. Speaker, 1 desire to say few
words in reference to the condition of this
bill. Some time ago Congress passed an act
authorizing Alabama and other waste terri
tories of the United States to form constitu-
tions, if possible, so as to make them fit to as
sociate with civilized communities 1t gave
them a certain length of time for the pur-
pose of doing so. 1t was provided, whether
wisely or unwisely it is not for me to say,
that the State of Alabama and the other
States, after having all their voters register
ed, should require majority of all the reg
istered voters to adopt such constitutions.
Unfortunately, Alabama did not find ma
jority to come up to the law which had been
passed. 1t failed of that majority by a con-
siderable number. The House had seen this
difficulty before it finally happened, and had
passed an act giving power to these States to
act with bare majority, according to our
majority principle. The Senate, however,
and hence arises all our trouble-with a wis
dom which has characterized it far above
this House in many just such disastrous issues
let that bill lie upon the table over two months
although urged to take it up and pass it be-
fore the vote of Alabama took place. That
vote took place, and only minority of the
registered voters voted for the Constitution.
Hence it is that we are now called upon either
to reject this State or to violate our own en-
abling act, which allowed it to enter upon
certain conditions. There is nothing that
prevents US from violating that act, if We
deem it prudent. I am often reminded by
gentlemen around me-some very wise and
some otherwise laughter that I have said
more than once that all this is outside Of the
Constitution. He is 'otherwise" who thinks
that assertion is not tr1e.-C Laughter among
the Democrats. This very proceeding shows
that this House believes that it is acting not
according to the forms of the Constitution,
which found no such cases of lapsed territory
to be formed into communities and brought
into the nation.
When West Virginia was introduced (and
first made that declaration) it was admitted
by majority of the House, on the ground
that it had gone through with the forms of
the Constitution in acquiring the consent of
both States, while one had ceased to exist
long before, and the other one existed in
Ohio. [Laughter.] And 1 voted for the
admission of that State, but | was not going
to make either fool or knave of myself,
and to say that voted for it under the Con-
stlIuLlouI VI tnaC L ulu uoL KNOW HHdI WAS
voting for. l held then, as hold now, that,
having conquered that territory from another
power Ga power recognized as an independent
belligerent by all the sovereign nations of the
earth, by ourselves as we'll as others,) we had
a right to treat it as such, and to take it in or
keep it out, as we pleased. said then that
the Constitution had nothing to do with it
But would inform my learned friends from
the bushes laughter that while l speak of
being outside the Constitution, 1 do not tnean
that the Constitution does not recognize the
law of nations, and the Law of nations recog
nizes the conquering power to do with cons
qucred territory just as it pleases. I trust 1
shall hear nothing more, after this explana-
ton, from my most obfuscated friends who
have often seemed SO ignorant of what
meant, or of what they were talking about.
Laughter.