Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-02-17

sible save that Union that was beqneathed
to US as sacred heritage by those who had
gone before u.s.. We were sneered at as
Union savers, and the Southern States told
to 10 whenever they were ready. | well
remember, sir, of assisting in getting up a
meeting III another State, to pass Union
resolutions, and the resolutions were de-
feated by the Republicans of the locality,
headed by one now high in judicial posi-
ton In the Government, who afterwards
told me he was in favor of a peaceable sep
aration of the States-that we would b- bet
Ter of thus than in Union not acceptable
TO all. But l am glad to learn, sir, >that In
his case he has found it necessary to dis
sent from the extraordinary power now
assumed by Congress, and his voice is like
ly to be stifled by the bill referred to In the
second OF the series OF resolutiOnsfunder
discussion here. And, sir, even after the acts
OF secession were passed, and the iuaugu-
ration of Mr.. Lincoln, leading men of the
South Were informed by member of the
cabinet that it was not the Intention of the
administration t. coerce the sece ding States
back into the Union. Fl
Such, Mr.. Speaker. is briet resume of the
publicly proclaimed doctrines of this Re
publican party up to the very moment of the
commencement of hostilitieS; and | pOinx
to this record as showing conclusively who
were the secessiOnists, who were the
disunionists during all that period; and
also to show where the agirators South got
their aid and comfort-their encourage
ment from in the North. AT the same time,
sir. point with pride to the record OF toe
Democracy during the same time as being
unswervinyly and devotedly attached to
the Constitution and Union.
This brings me to the discussion of the
direct questions involved in the resolutions
before the House.
Th- resolutions, sir, protest against the
whole series of the acts of Congress known
as the Recon n:truction acts, including there
in not Oniy the ones now pending in Con-
gress, but those adopted by the last Con-
grrss and the extra session of the present.
This is as it should be. Those acts are all
of one an3 the same misunderstanding no
difference save in degree all tending
to the one result, the total destruction of
the States lately in rebellion a, independ-
ent members of the Union, and their Or
ganization into Africanized dependencies,
subject to the will alone of a Congress that
diSr CARDS alike the wishes of the people of
those States. AMI the Constitution through
which alone it derives even the authority
for its own existence.
The several acts OF reconstruction, and
particularly the last, comtt mplate the
thrustipg OF the States lately in rebellion
out of tue Union-r-ducing them TO IL Ter
rirorial condition, TO be admitted or not, at
the crpIice of Congress. aud under such
regulations as to cit'z-n>hip, and such lines
as to boundary as Congress may see tit To
imp's
1 dtnv, sir. in common with Others OF
the ma ,rity on this fl) n. any right in
Congress or any other hranch of Gov
ernntnt, to force any state or States out of
this UnioL. lu does not exist in the Con-
stitution-iJ DIES not exist in the~ war
pOwer-iE does not exist in the judicii
power. Congress my admit new S ateS.
and at such times may itquire wheI her tie
government IL has CLOS II Is republican in
form. That paw-r is xhaus'e Ell when once
executed. the subject forthwith passing out
OF it reach. The state admitted. like the
original thirteen S; ates, be,-unes at once
and forever independent of Congressional
control. and that body cannot ny force or
OtherW ise, under the war or ipsurrection-
ary power, expel a State from the Union
1t may enforce obedience to the laws-put
down insurrectiOn-or overthrow rebel
lion, but that being done, the State as To it.
right OF represrntaIion-the right to con
troll its civil polity-anu all other rights
necessary 10 its existence as an independ-
tDG State under the Constitution, remains
the same.
During the rebellion those States, as to
the exercise OF their rights under tue Fed
eral Governments, were merely in abry-
ance. When they cease their armed Op-
position to the execution of the Federal
laws, the benefit of these rights and their
exercise Immediately inured to tnem, and
they cannot under the Constitution, OF
without the entire destruction of our torn
OF Government, and its subordination to
one anti-repubiican in its character be de-
prived OF them. Tnis doctrine has been
clearly enuuciated in several recent decis-
sions of the highest judicial tribunals of
the land-thOSe tribunals where. in cases of
differences between the States and the Gen.
s.ra ln,
construction OF tuaG instrument which
alone is tue common safeguard of the rights
OF both.
the first of these occurring after the
breaking out of the rebellion was that de-
li.ered Dy Judge Sprague, OF the U. $.
District Court for the district of Massachu-
sets, In the spring OF 1862, IN the case of
the Amy Warbeck. prize vessel. In that
case the court Say:
1T has been supposed that if the Govern |
menG have the right of a brliigereut. then
aits r the rebellion is SUPPRESSED, il will |
have the rights of conquest; tnat a State
and its Inhabitants may be permanently |
divested OF all political advantages. and |
treated as foreign territory conQu, red by |
arms. This is an error, "A grave and dan
gerOus error. BelliYerent yhts cannot he |
exercised where there are no be|liperents |
Cont, uest of foreign country gives abso-
lutte, unlimited sovereign rights but mona
tiOn ever makes such conquest of its own
terriJory. Ii a hostile power either from
without or within, takes and holds nosses-
sion and dominion over any portion of IL.
territory, and the nation, by force of arms
eXpel or overthrow the enemy. and sun
presses hostilIt es, it acquires no new it'll.
and merely rtgains the Possession OF that of |
which it has been temporarily deprived.
The nation a. qulres no new sovereignty.
bur merely N llutans its pre-, ious rights |
I. When the United States take pOsspssion
of rebel dlstrlct, they merely vint!iratp
their prr-tXisting TIL Under despotic
eovernments coufiscation NAV he unlimit
ed. hut Id our q ,vernmpnt the riobt of
soues eiynty ouer d"y portion of State is giuen.
and limited 6y the Constitution. aud will he
the same alter Tile War ~ it was BEFORE"
Aud the court illustrate this positi N by |
reference to the last war with Great Brit. |
ain as follows: during the war OF 1872 |
the British tO"k Possession of Casrin-. and |
held exclusive and unlimited control over
it as conquered territory. Castine wa
restored to us under the tr airy of peace. |
but it never was supposed that the United |
States acquired a new title by tie treaty. |
and could thenceforward govern it as con-
quered territory"
Another. aud more important decision to
the question unier discnssiOn-and | Call
the especial attention of gentlemen on t. e
other side of the House tni. for the reason
that it shows that even in the State of South
Carolina, very sOOn after the close of the
war. all the ordinary functions of the civil
government OF State were in full opera
tiOn-was that delivered bg Mr.. Justice
Nelson, one OF the Judges of the Supreme
Court of the United 5 atts, on the circuit in
South Carolina in the ease of jams Eagan
on an application to be discharged from
imprisonment on the sentence OF a court
martial alter the war had CLOSED. The
opinion is very elaborate one, and among
other things it says:
For all that appears. the civil local
courts of he State of South Carolina were
iu the full exercise of their judicial func-
tions at the time of this trial. as restor+ d