Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-02-07
0bio Statesman,
Q p e e G HI
VIM. FIELDING
NIr. Jewetf's Reconssruction Res.
oluti0ns I'm the House of Rep.
resentatives. February .,
1865.
Mr.. FIELDING said :

Mr.. FIELDING said:
Mr.. SPEAKER-Ih have not often tres
passed upon-the patience of this House,
and should not attempt to speak at this
time, were it not that / consider the
matters under discussion of very great
Importance to the people of Ohio and of
the whole country; and hence consid-
er it duty to raise my voice against the
attempts now being made to tear down
the fair fabric erected by our fathers.
Gentlemen have attempted to adduce
arguments here to Justify the acts Of
Congress relating to what they call Re-
construction, but in my humble opinion
have utterly failed to sustain their con-
stitutionality. The great leader of their
party in Congress, Thaddeus Stevens.
has long since ceased to predicate his
Reconstruction theories upon the Con-
stitution. He frankly admits and de-
clares they are outside of that instru-
ment, and have their justification in
what he terms necessity; because, he
asserts, like some on this floor, that the
unfortunate people of the South have
forfeited all their rights.
He did not now, nor ever had believed
the Southern States were, and could get
out of the Union by secession. They
were now in the Union and would remain
there. He thought gentlemen mistaken
when they assumed that the South were
out, and it was the duty of Congress to
reconstruct, and bring them in again. He
asserted here that allthe acts of Congress
in relation to reconstruction were contra
dictory, unconstitutional and oppres-
sive.
Mr.. SHERWIN wanted him to ex-
plain why they were unconstitutional.
Mr.. FIELDING said he was truly
thankful that he was not a lawyer, for
he feared most of that profession reason
ed in circle on our institutions. They
could not divest themselves of the musty
precedents of other ages. and not in any
sense applicable to our form of Govern
mrnt. He desired to know what consti-
tutes the United States2 The United
States were made up of the several
States, acting jointly, they had given to
the General Government certain powers
and Constitution, and what was not
specifically conceded to the General
Government in that instrument was ex-
pressly reserved to the States respec-
lively.
The General Government was COM
posed of coordinate departments, and
one cannot trench upon the other without
violatingth Constitution and destroying
the harmony of all. The Government
was composed Of President to see that
the laws were executed Congress
whose functions were to make the laws,
and the Judiciary to adjudicate and de-
termine issues arising under their juris-
diction. Any attempt on the part of
Congress to break down or override the
judiciary, would. in his opinion, be a
violation of the Constitution and tend to
humiliate ,urt that should act with
perfect independence.
The gentleman from Cuyahoga (Mr.
Sherwin) says these States were out of
the Union and cannot get back into it
till Congress reconstructs them, and per-
mits them to resume their places in the
Union. He asserts that they are desti-
tute of Republican Governments, and
that it is specially the duty of Congress
to See that they adopt Republican Gov
ernments. What does he mean when he
talks about Republican Governments
Does he mean that the Constitutions of
the original slave States are not Repub-
lican in form and must be displaced by
Congressional interference? If so,
will tell him that large number of these
States were organized and had their Con-
stitutions when the Union was formed,
and a ma jority, in fact all but one, were
slave States at that time.
These constitutions were not abolish
ed when the Constitution of the Con-
federate States was adopted at Mont.
gomery. They made no changes in
those instruments. Does the fact, then
that slavery once existed there make
their governments not republican in
form2
The gentleman has asserted that
States can get out of the Union If So
how If they can get out by secession
then secession was possible. He did
not believe in the doctrine of secession.
He did not think it possible for any
State to get out of this Union. A rev
olution might break up the Government
but Congress had no power vested in ii
to drive States out. The idea that
States got out of the Union was absurd
If SO, it was to admit that the rebellion
had been success. If States were out
of the Union, the rebellion must BIZ ad
mitted to have been successful, for the
Republican party tell us that the wal
was prosecuted expressly to keep tht
South in the Union.
No State can be on any other basis
than on an equality with all the rest
1.-THE Union was formed to maintain thu
equality of the States and the safety
and dignity of the whole. The Genera
IGovernment is sovereign only in thos,
things conferred on it under the Consti
tuition of the United States. The peo
fple are sovereign. and their will must b.
tob+yed when it conforms to the reserved
rights of the States. Congress is, o
ought to be, conservative power, ant
mot destructive. / know when Stat
asks for admission into the Union, Con
gress has power to inquire whether it
constitution conforms to the require
ments of the Federal Constitution; bu
beyond this, Congress has no power t.
Interfere in the matter. Congress can
! not come into State under any pre-
; tense to interfere with its internal affair
without usurping unauthorized libertie
not found in the Federal compact. 9th
erwise Congress can come into Ohio a
well as the Southern States and dictat
our laws and institutions, and under sucl
| Skak. L.