Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-03-04
MARCH 4, 1868.

did they get out, except by virtue of their
ordinances OF secession? And if they were
enectuai for that purpose, by what
right did the Government wage war
upon those States, since they would
have been in that case foreign powers with
whom we had no treaties to violate. and
with whom we positively refused to enter
into treaties. If those States were out OF
the Union every drop of blood and every
aoiiar OF treasure sacrificed in the prosecu-
tloo OF the war was wantonly aud ruth
lessly sacrificed, and 100000 bleeding, mur-
dered victims would rise up i'm Judgment to
condemn US. The General Government
has no power under the Constitution to
wage war OF conquest, nor to acquire or
hoiu territory as conquered territory. Such
an assumption is in direct conflict with the
genius OF our institutions and destructive
OF free government. If those States are
out, aud were not taken out by their ordi-
nances of secession, they must have fought
themselves out, and this can only be done
by successful revolution.
The real design, however, of all Congress
sional reconstruction acts is negro suffrage
and negro supremacy, and we are gravely
told BY those who claim any constitutional
validity for those acts, that the constit,I.
tional right is derived from the provision
that "rhe United States shall guaranty to
every State in this Union a republican
form of Government" and that such form
VI SONcIuiucut CduUOG eAlSG Wlere the
right of suffrage is denied to any portion
OF the people. If such assumption be cor
rect, Ohio has not republican form of
government, and at the last election.
by 80 900 majority, refused to adopt
republican form of government,
and is liable at any time to
be placed under military rule until such
ensrafted upon.her Constitution As rep
resentative upOn this floor OF this noble
State, bound by my oath of office to sup
port the Constitution of this State, and TO
the faithful discharge of my duties as such
representative, protest against any such
ABSURD, sucn monstrous assumption
OF constitutional power, and let US who
have now intrnsted TO US the guardianship
OF the rights, VINO are the Representatives
OF the sovereignty of this great and proud
State, join the sovereign voice OF Ohio with
that OF the immense majority of her citi.
zehs,ln calling upon our Senators and Rep
resentatives in Congress to protest against
SO IaGai ana destructive an assumption OF
power. But Mr.. Stevens, to whose tender
care has been intrusted the keeping of the
Radical conscience, frankly admits that
Congress has no constitutional right to
pass these reconstruction acts, that thew
are acting outside OF the Constitution for
the purpose of retaining power and of
compelling political negro euaIity in those
influence OF personal and family relations,
am not surprised at Mr.. Stevens course |:
but confess am astonished that so MANY
men can be found, who are not so pecu-
narly clrcumstanced, to follow him i'm his
destructive measures. 1t is time for us to
pause and consider whittier we are drifting,
when we are ready to indorse the acts of a
congress composed of men who, after hav-
Ing sworn TO support the Constitu-
Iloh, are willing not only to vio-
late That oath, but are ready to
break down each OF the other co-or-
Ornate departments of the government in
order TO elfec5uate their unconstitutional
AMI obstructive purposes. These recon-
structlon acts are more revolutionary in
their character and tendency than any act
OF any OF the so-called seceeded States, and
II the people are true to themselves they
VIII Win greater unanimity than in 1861
rusn 10 the defense of those institutions
Whlcn Cney have reserved as the most pre-
cious inheritance of the past and the rich
est lagacy they can bequeath to coming
generations. Already the usurped power
OF Congress has been fatal to ten States
mas paralyzed and almost entirely deprived
OF power one arm of the government, and
now seeks to bring within its hated grasp
the other and only remaining check upon
the carrying into effect of their past or
future usurpative acts. A free, unJram-
meled, independent judiciary is the greatest
safe guard of constitutional liberty, and it
Is not matter of wonder that even intel
ligent Radicals stand amazed at this latest
effort of Congress. This blow aimed at the
Judiciary no one can doubt originates in
the consciousness that an intelligent court
can not fail at the first opportunity to de-
eide the reconstruction acts unconstitu-
tional. and is proof conclusive that
the Radical leaders in Congress know
M
tutional basis upon which to rest. 1t is an
effort to sustain usurpation by further
usurpation, to enhance the prerOgatives of
Congress by the assumption of the prerog-
atives of the Judiciary, as has already been
done of the Executive. and in defiance of
constitutional restraints, to consummate
their nefarious designs. Language would
fail to portray properly such scheme.-
But see by al extract from Republican
paper, which hold in my hand, that the
Washington correspondent, after charac-
terizing in fitting terms the acts now pend
ing in Congress, against which we protest
in these resolutions, suggests the idea that
Thad. Stevens is only joking, and | would
advise my Radical friends to beware how
they vote before they hear from Stevens.
After they have heard from him, if he is
found to be in earnest. of course we expect
you to vore as he directs.
Mr.. SCOTT, of Warren-It this is only
Joke, what danger is there?
Mr.. FOLLOFT-L am always alarmed
when 1 find Stevens joking, as much SO as
were the Romans when Nero was in a jocu
lar mood, and their jokes are alike fatal to
the victim at which they are aimed. l
have often been astonished at the eagerness
of the Radical party. and of Congress; to
obey his imperiOus behests. When he
takes his African dulcinea to his heart,
aud feels his bosom glow with love-" the
great heart of the Radical party is sweetly
drawn to the whole African race; when he
declares there is nothing so delicious as the
scent of African musk, the whole party ex-
claim, Oh: how sweet; when his soul is
set on fire with hate towards those who
will not admit that the Negro is their equal,
the whole party have been eager to join
him In his malignant TRADES. And now,
when he proposes to perpetrate another of
his Jokes upon the Constitution, [ do most
solemnly protest against it.
Mr.. LEE-Will the gentleman tell us
under what provision of the Constitution
he claims the acts now pending in Con-
gress to be unconstitutional
Mr.. FOLLETT-Under Article 3, Sec
tion 2. sa
But will the gentleman tell me un der
what provision OF the Constitution he
claims that either the acts now pending in
Congress or any of the so-called recon-
structiOn acts are unconstitutional?
MIR. LEE-Yes, sir. 1.-The Congress shall
have power to make all laws which shall
be necessary and proper for carrying into
execution the foregoing powers. and all
other powers vested by this Constitution in
the Government of the United States, or in
any department or officer thereof
Mr.. FOLLETT-Does the gentleman
claim that under the power to carry into
execution Congress may impede the exer-
else of or entirely take away the powers
vested by the Constitution in any depart
ment or officer of the Government? Strange
indeed would be such an Interpretation.
The three departments of the Governments
legislative, executive and judicial, have
each peculiar functions, and each acting in |
its legitimate sphere is supreme. Under
the Constitution Congress has no more