Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1868-01-30

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ordained; the establishment Of
Justice and the security Of liberty.
That is what the nation, by its
representatives, in Congress assem-
bled, asked The people of the
North accepted it with a unanimi'
ty without a precedent in the pollt-
ical contests of this age, or Of any
age. 1t was rejected with scorn
and contempt by those who but yes
terday lifted their hands in violence
against the holy temple Of our lib
critics.
To-day, sir, we stand here, the
representatives Of the people, to
adopt and use such means as will
enable such as have returned to
their loyalty and such as never
struck hands with those who en-
gagged in this mad revolt to accept
this condition, and in the language
of the bill ''be restored to political
power in the Union"
But, say gentlemen, you ask
South Carolina before she is admit
ted to accept the constitutional
amendment and ratify it. Most un-
doubtedly. Gentlemen say if she
is not a State capable of exercising
the political powers ofa State with
in the Union, can she ratify and ac-
cept the amendment? Most un,
doubtedly, Gentlemen reply, it is
impossible for South Carolina to
exercise this power Of ratification
until she shall have been restored
to representation in Congress.
Sir, l tell the gentlemen that the
question which they raise was set
tied more than thirty years ago un-
der the administration Of President
F jackson, by almost the united
vote of Congress, instructed in their
decision by the elaborate opinion OF
his then Attorney General, The
people of an organized Territory,
without any previous action Of Con
gress authorizing what they did, ex-
ercised those rights which by the
express terms Of the Constitution
are to be exercised only by States
in the Union, namely, the election
of two Senators to the Senate OF
the United States, which your Con
stitution declares in words can be
chosen only "by the Legislatures of
the respective States Of this Union" ="
They also elected a Representative
to the Congress ofthe United States,
which the first article of your Con
stitution declares shall be done only
by the people Of the several States.
The people Of that Territory did
this months before they were admit
ted to this Union Yet, sir, what
they did was not undone; for the
Congress of the United States, eXer-
cising the authority vested in it by
the peopl', affirming what the peo.
pie had done, by relation, made
their acts valid; and from that day
to this no man in America has chal-
lenged the legality of the proceed
ing.
The ratification of the fourteenth
article Of amendment is what we
demand Of the insurgent States in
the name of the people. Gentlemen
on the other side say this shall not
be done, Let the people decide
between us, whether those States
shall impose taxation indefinitely
to reimburse the cost of their rebel
lion, and to make compensation for
emancipated slaves whether they
shall come into this hall and the
hall at the other end of the Capitol,
and in the persons Of their Senators
and Representatives repudiate and
violate the plighted faith of this
nation. The nation that violates
its faith is dishonored and must die.
That is the issue which is made here,
That is the issue upon which we go
to the people, That is the purpose
for which we enact this law We
say to the General Of the army,
"Carry out the provisions Of this
act in good faith," that the people
Of the States lately in insurrection
may be speedily restored to political
power in the Union,
My Colleague (Mr. Cary rises in
his place and asks, as the General
of the army responsible if he vio-
lates this law and tramples upon the
rights Of the people ?" | regret
that my colleague seemed it his du-
ty to make any such inquiry. Sir,
the General of your army, like all
executive or judicial officers Of this
Government, is neither above the
people nor above the power Of the
peoples laws. The General ofyour
army is but the creature of Con-
gressional enactment The breath
that made him General may unmake
him tomorrow. answer my col
league further, that if the General
of the army be guilty of any viola
ton Of this law, he is liable, by the
} very terms of the fifth section, to
be arraigned before a civil tribunal
of the United States upon indict-
ment, held to answer for his high
misdemeanor, and upon conviction,
must take his place in the peniten-
tiary and pay forfeit not exceed
ing five thousand dollars, as pro
, vided in the bill. l trust that my
colleague is altogether satisfied