Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-10-01
Mr.. Henry C. Noble and ahe States
man-The Excuse for Ihe Tyrnn.
nv and Oufrages of Congress.

my and Oufrages of Congress.
MIR. HENRY C. NOBLE, of this city, has
addressed a letter in the Journal which
that paper truly calls "good natured
note" to one of the editors of the STATES
NAN, in regard to his speech ''sweiity years
ago." defending his namesake, HENRY CLAY,
from, the assaults Of certain men with
whom, and against the lifelong principles
of MIR. CLAY, Mr.. NOBLE is now acting.
In his note, Mr.. NOBLE says:
"You know that I have been a conserva-
tive Republican, tor we have had OCCASION
al talks on the subject."uga sla' las
Yes, we know that, as we know too the
sentiments of Mr.. NOBLE, as developed in
the following:
81 did not think the reconstruction plan
of Congress the best. / always claimed
that the States in rebellion remained as
States of the Union, and consequently Lee,
jeff. Davis, Breckinridge & Co. were all
traitors, subject to Indictment. conviction
and execution for high treason and think
that Henry Clay, or Old Jackson would
have said shang then," and it would prob
ably have neen DONE"
The claim tsthat the States in rebellion
remain as States of the Union," is good
claim-one founded lin reason and in law,
and is the very principle, and the only one
that justified result to force in order to
put down the rebellion. 1t, as the Repub-
lican leaders now claim, the acts of seces-
sion passed by certain States of the
South, really took those States out OF the
Union, then the General Government had
no right to coerce them to return. The war
was fought, and hundreds of thousands of
White Boys in Blue sacrificed their lives,
and the Government expended thousands
of millions of blood and treasure, to show
that the Union of these States could not be
dissevered-that not star could be blot
ted from the National Flag, by the sever
ing of State from the Union. And the
war decided the question-decided it just
as Mr. NOBLE always claimed" 1t should
be decided, that ''the States in rebellion re-
mained States of the Union." How, then,
If these states did not lose their rights in
the Union and under the Constitution, be-
cause of the rebellion of portion of their
citizens, can Congress, the mere creature
OF the Constitution, as the Constitution is
the mere creature of the States, find the
power to pass its sO-called reconstruction
acts? AS we'll might that body in 1851 have
passed law to reconstruct Ohio because
set of knaves, who controlled the Republi-
can organization, denounced Judge SWAN,
and finally ostracised him, because he and
other Judges of the Supreme Court, would.
not lend the sanction of their high
office to the nullification of law of
Congress, imperatively demanded by
the Constitution, that slaves escaping
should be delivered up on the demand of
the person to whom the labor was DUE
This attempt on the part of the Radical
leaders, Mr.. CHASE then Governor, and
Mr.. DENNIsoN, then a candidate for the
Office, acting with them, to repudiatc the
avs of Congress and the Constitution of
the United States, was species of treason,
which, In Government less liberal than
our own, would have made the actors La
BILE to arrest and punishment, tor SO far did
they carry their attempted notification,
that threats were openly made, and in ce .
tain contingency, was concnrred in by the
Governor, that the arms OF the State should
be used to enforce the violation of the Fu-
gitive Slave law. Congress might just as
in that incipient rebellion, ,as to reconstruct
the States of the South for the action of a
portion of their citizens.
The people of State can commit crime
and they canibe punished AS q Lawyer,
and he ranks as an excellent one, Mr.. NOBLE
knows that State cannot commit treason,
cannot commit crime, cannot be tried, CON-
victed, condemned or punished. Nay, so
tar does the theory of our Government re-
cognize the sovereignty of the States, that
State of the Republic cannot even be
sued for debt. no matter how just. States
are Sovereign, and Sovereigns cannot be
brought into Court for trial, no matter
what the pretext. Hence, as State canno
commit crime, the States OF the South, a
States, cannot be held answerable for tn,
sins of the citizens residing therein, NJ
more than Ohio, as State, can be held re
sponsible for the crimes committed BY
house thieves, burglars, assassins, and othel
scoundrels who infest this, as thew do othe,
States. But the men who commit tbe
crime can be punished, but in the case
of those who took up arms against the
Union, they are not even tried in oui
Courts of Justice, although charged with
capital offense, that of treason to the Gov.
ernment. Mr. NOBLE admits the fact tha
they can be punished. in the following
from his letter: Z.
ssIf few of the leading rebels had beer
convicted, my belief Is that reconstruction