The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1871-02-25

I
H. have tie right to prescribe the
terms upon which / will convey !
my house 10 my neighbor it cannot
be coes cion or duress which he
accepts then, and TO give to this
transaction the slightest color OF
coercion or duress it must be made
to appear that the southern States
and the people of the southern |
States lost no rights under the
Constitution by going into the /,
rebellion. and that immediately /!
upon their defeat they had right |
to resume their high places in the
Government they had just failed to
destroy. And this argument,
pushed to its conclusions, would
entitle them to representation at
the very time they were prosecut-
ing the rebellion, for it cannot be
urged with any show of reason
that defeat in battle and submiss-
ion to superior power has tue effect
to restore . constitutional right
that has been lost. The rebel
States were in nowise compelled
to ratify the amendments. They
could ratify them and be restored,
or refuse to ratify them and remain
in the condition in which they hId
placed themselves. Their situation
was entirely of their own making.
They had voluntarily, and against
the prayers OF oil loyal men, with
drawn their Senators and Repre-
sentatives from Congress, and
attempted to cut loose from the
Government; and if we bad left
them for an indefinite period to lie
in their bed % they had made it
they could not have justly COM
planned. But, not asking in
demnity for the past. we said
to them give US security for the
future and We will restore you to
the full fraternity Of the Republic.
They gladly responded to the offer,
and by overwhelming maiorities
in every State, and with the assur-
ances Of good faith, accepted the
terms that were prescribed: and
having accepted the terms without
protest low absurd is il for other
States 10 plead that their action
was under duress and not binding
upon them. ar eaHs ~
But it may be said we offered
the rebel States Involvement 10
Iatify the amendments.n That may
be true, but inducement is not
coercion or duress. Involvement
is the action handspring to human
Texas was induced to annexation
by the immense advantages to
arise from union with this country,
but surely there was no coercion
in the case. States, as we'll as
individuals, sometimes require
inducements to the performance
of duty, to the administration Of
justice, to tho discharge of obliga
lions imposed upon them by theil
own action. 5He sIt
But it is said the southern States
should not have ratified the amend
ments until after they had beck
fully restored. Inthat case the il
ducement to ratify would have beer
taken away and they would mo-
have done SO, especially if thel
had needed the advice Of th'
northern Democracy. When it il
necessary for . man to give secur
ity for his good behavior he i
required TO execute the bon,
before he 10 discharged from Gus
toby; he would hardly do it after
ward, and it was not REASONABLE
to suppose the southern State
would offer guarantees after the
had been fully restored to politics
power. ia7u1591 tca
The net of Congress passe
1918 contains the following pro
visions: ~ alGoag
"Sec. 2. And b il further enacted, Tn,
whenever Official notice shall have been n
ceived at the Department Of State that an
amendment which heretofore has been,
ton OF the United States has been adopts
according to the provisions Of the Constit,
ton, IL shall be The duty Of the said Secrets
~ of State forthwith to cause said amen
ment to bs published in the said ncwspape
authorized TO promulgate the laws, with b
certificate, spec flying the States by which Il
same may have been adopted, and that Il
poses, as q part Of the Constitution of &
United States" aJ9 u
This constitutes the Secretal
of State o judicial officer to dete
mine and decide upon the offici
evidence Of the ratification of Q
amendment 10 the Constitution
the United States, and il he fin'
it has been Legally and proper
ratified, to make proclaim attic
thereof in tho manner prescribe
From his decision there is no a
peal, and his adjudication is fin.
That power had to be lodged som
where. and it has been vested
the Secretary Of State.
The joint resolution of the
gislature Of Indiana, ratifying t
Fifteenth Amendment, signed
the presiding officers of the 4
houses. duly certified under t
seal OF the State, in accordan
with the law of his State, was ill
with the Secretary. The eviden
was incontrovertible; there "
nothing to impeach it placed +
fore him, and there could be not
ing. An appropriation bill pass
by the Legislature Of Indiana
the same day, with the same qu
rum, and by the same votes, v
afterward contested before the
preme Court Of the State, and b.
to be valid. the Court decidiLg
ou;danAn ~ fhA lidiAx of tho