Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-02-17
COLUMBUS, O., MONDAY MORNING, l.

customed s,ody. subject only to the ne,o reorgan-
isdtion by the appointment of the proper office,
to qiue them operation and effect. This organ
izatiOn aud appointment of the public func-
tionaries, which was under the superinten-
tendence and direction OF the President
the Commander-in-Chief of the army and
navy of the country, and who, as such, had
previously governedthe State, from i'm
peritive necessity. by the force of martial
law, had already taken place, and the ne
cessity no longer existed" la
The same doctrine was held by the Su-
preme Court of. the United States in its
decision in the caseof Milligan and others,
confined in the Ohio Penitentiary, on the
judgment of a military court. These de-
cisions, beingin conformity with the pro-
visions of the Constitution-in conformity
with the letter and spirit of all the decis-
ions of that august tribunal-in conform
ity with the genius of our form OF govern
meDt. have not been, nor do believe, can
be successfully controverted.
The theory thus announced was the one
on which alone the war was or could have
been conducted on the part Of the govern
ment. 1t was the theory of the party in
power at the commencement of the war,
during the war, and after the close of the
war; until IL became apparent co the. revo-
tiOnary Congress that its further lease OF
power could not be maintained except by
usurping the government of ten of the
States of this Union.
In the first proclamation of Mr. Lincoln
calling for troops he declared that 's COM
binations against the laws. then too power
full to be-r, sisted by the civil power exist
ed in certain States of the Union, naming
them, therefore he called out a certain
number to assist in putting down such
combinations, and restoring the supremacy
of the laws. 1t will be recollected that the
ordinances of secession had all been passed
at this time, and all the rights that such an
act on their part could forfeit, had then
been forfeited. Mr.. Lincoln had previous
ly to this time in his inaugural address de-
livered after most. if not all, the ordinances
of secession had been adopted, declared:
-"that no State OF its own mere motion
can lawfully get out of the Union," and
that .'in view of the Constitution and the
laws, the union is unbi oken," and that he
would to the extent OF his ability St that
the laws should be executed in all the
States" -la
The third and most solemn official recog-
milton that the States In rebellion were not
out of the Union was by the Congress it.
self at its extra session in July 1861, in the
passage of the resolution referred to in
general terms by my eloquent friend from
Licking. when these resolutions We're un-
uer discussion before. But deem that act
of iOngresS So important AS TO read the resO-
luton in full, that gentlemen Oh the other
side may have an opportunity to explain
the Inconsistency between their pledges 10
the cOuntry then, and their position now
in sustaining the usurpations OF Congress
as contained by the acts referred to by the
protest We are discussing. The resolution
Is as follows: $3.50
That in this national emergency, Con-
yr, ss, baushing ali f eing of mere pas
sion or resentment, will recollrcJ only It's
duty to the whole country that this war
is not waged. upon our part. in any spirit
OF Oppression, nor for any purpose of con-
quest or subiugation, nor purpose of over
Jur"wing or interfering with tine rights or
established institutions of those Stases, but
to defend and maintain the supremacy OF
the Constitution, aud to preserve the Union
with all the dignity, eq ,aliJy. aud rights of
tue sevyr raj States unimpaired; that as soon
as these objects are accomplished, the War
oug hit 10 Cease"
Congress at the same session passed an
act. empowering the President to declare
by proclamation, what? That certain
States ,oere out of the Union By reason of the
adoption OF the ordinances of SecesstOnp No,
Sir; but that ''certain States of The Union were
in insurrection."
The next authoritative recognition by
in rebellion were not out of the UuiOn,
was, believe. in the law of the succeeding
Congress Increasing the number OF the
Judges of the Supreme Court. The in
ci ease of the judges made reorganization
Of tine districts necessary, and the States i'll
rebellion were expressly named and as
signed to judicial circuits. At the same
SESSION Mr.. Thomas. Republican Repre-
sentative in Congress from Massachusetts,
said: The seeded States, so called, anu
the people of those States, are to-day in
epral parts of the Union, over whom,
when the conflict of arms ceases, the Con-
stitution of tile United States, and the laws
made under it, will resume their peaceful
sway" And so, too, repeatedly, during
the war by acts of Congress, executive
proclamations and military orders, was the
TACT of the status of the states as integral
parts of, the Union admitted and declared.
At and after the close OF the war, the
opinions of the party in power had under
gone no change on this subject. When the
amendment 70 the Constitution known as
The l3 h article was submitted to tile States
for ratification, it was submitted to the
S ates then lately in rebellion the same as
the Others. And the proclamation an
its adoption, declared that
whereas there are thirty-six States in the
Union. and the said amendment having
been ratified by twenty-seven States
and twenty seven States being three
fourths OF all the States in the Union
that the same has become an additional al
ticle to the Constitution. IL is worthy of
remark here that in this act the aid OF tile
States that had been in rebellion was i'll
voked to abolish slavery in the State of
Kentucky-a State that had not been in re-
brIlion-and that without this distinct re-
cognition of the validity of the acts OF the
States that joined in acts OF secession as
States in the Union-this change OF the
domestic institutions of the state OF
k-ntucky could not have been Ell cted.
In this connection it is proper to rema k
that among the other monstrous prop :
sitions likely to be adopted by this Con-
gress. showing its Inconsistency with its
former declarations, and its utter disregard
of the Constitution, is the proposition de-
claring twenty-five States to be three
fourths OF the Sta es of the Union. A
mathematical absurdity, as well as politi-
cal uSurpatiOn.
At the close of the war, in accordance
with the terms of capituiatiOn, the people
OF the Southern States. accepting the situa
tion, AID desirous OF performing in gooi
faith their duties under the Constitution.
set alb ,uG restoring their somewhat diSor-
ganized civil polity. The Executive, to
aid them in this. established temporary
gOverume Is in the different
States for the projection OF persons aud
pre- rperty, while the organization was being
perfected; and as fast as this wa.
done the Provisional Governments were
withdrawn, until every state had elected
its Off rers, and was i'll the full eXercis- of
its civil p 'wers under the Con>titution.-
No preteXG existed for the Interference OF
Congress in their internal affairs-no con
srruction was necessary-and the acts OF
Congress looking to that end were wantOu
nsurpations. Therefore. 1 say, by the pro-
visions of the Constitution itself-by the
decisions of the highest judicial tribunals
of the land-and the repeated admission
of theseXecutive and legislative depart
ments of the party in power-the restora-
tion of civil law in the rebelliOus States
the so-called reconstruction acts of Con-
gress, are as set forth in the first of the