Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1872-02-28

upon this subject, and it is founde,
: OH sound reason and policy.
We may may well respect the preee
dents established by Congress and tn
General Assembly. When we remem
Der that the object of all popular elec
tiOns is to determine the actual choic'
of the people, it is clearly our duty Il
give that will its full force aud efiec
so soon as we ascertain what is, and /
would be doing a "vain thing t.
send a question back to the people fo
the purpose of ascertaining their will
when we ere already correctly anC
fully informed uDon the subject.
The whole controversy then is mar
rowed down TO the single question
Were these veteran soldiers, lega
voters of Jefferson township, Mont
gomery county, on the 10th day OF
October, 1871? If they were, then
Mr.. Sayler, tie contestant should be
sworn in as the legally elected Senator
of the Third district. Ii they wert
not, then the sitting member should
remain where he is. shall therefore
proceed at once to the consideration Oi
the question and shalt so far as prac-
ticable follow the line of thought pre-
sented by the report of the commit
tee.
Ihe proof shows beyond all doubt
! that three bundled and fifty eight OF
/ these veteran soldiers who offered
I their votes, had resided in the terrific
] rial limits of the State for more than
I one year. and in Jefferson township
I the full time required by law. That
Soldiers Asylum is their home-theiT
only home-there they Intend 10 re-
main. By the chances of war and
battle, they are made poor, manned
and sick they came to this asylum
for shelter duriug the remainder OF
their lives, or until more prosperous
days shall enable them to support
/ themselves.
Why then were their rejected ?
IL understand it is solely upon the
ground that the Soldiers Home where
these men live-alth0ugh within the
territorial limits of Ohio, ard Jeffer-
son township, is located upon lands
which TO the United States and is in
fact and law foreign territory. and
these meu are consequently subject
exclusively to a foreign Jurisdiction
Ii is claimed that this six bundled
and forty acres of land is the terrtorly
of the United States.
The contestant denies that this and
belOags To the United States, or that.
the United States has exclusive
juri isdiction over it. Aud he seelnstO
me TO be fully borne out by the facts.
The General Government never had
any title 10 this land, nor exclusive
jurisdiction over il. This leads TO an
examination into the history Of the
transaction.
In 1866, Congress passed law for
the purpose OfprOvidIng for the estab-
lishmeht of military asylums in differ
ent parts of the Union. The object
was 10 furnish shelter and support to
the veteran soldiers of the Union
army, who by reason of service, were
unable to support themselves. 1t was
not to furnish poor house, a hospita9,
or prison house, or place where men
should be robbed of any Of their
rights; but on the contrary, to provide
pleasant home, and surround. it by
every thing which could minister TO
the comfort, taste and happiness OF it's
inmates; and where the battle-worn
heroes Of the Republic could live in
peace and honor during the remnant
of their days. 1t was noble charity.
The first section Of the act reads as
follows:
"Be n enacted By the Senate and
House of Representatives Of the Uni
ted States Of Anlericd, in Congress as
senldled, That the President of the
United States, Secretary of War,
Chief Justice of the United States, I
and such other persons as from time
20 time may hereafter. be associated !
with them according to the provisions |
Of this act. are hereby constituted and |
a Board of Managers of |
an establishment for the care and re-
lief of the disabled volunteers of the !
United States army, to be known by /
the name and style of The National |
ASYLUM for disabled Volunteer Sol I
dIers,' aad have perpetual succession,
with powers 10 take, hold, and con- 1
vey real and personal property, estab- /
lish q common seal, and sue and be !
sued i'm courts of law and equity and |
to make bylaws, rules and regula I
tions for carrying on the business and /
of the asylum, and affix
penalties thereto: Provided, That /
such bylaws, rules and regulations
are not inconsistent with the laws Of
The United States.'i
Ineed not call attention specifically |
to the other provisions except 10 say,
that the fourth section provides that
the board of managers may receive
for the benefitof theasylum
and that all forfeitures, on account OF
iesertions in the army, stoppages,
fines, etc., shall be applied to the uses
Of the asylum. 1895 1
The ninth section provides that ''all
inmates of the asylum shall be and !
hey are hereby made subject to the
rules and articles of war, aud will be
governed thereby in the same manner
IS if they were in the army of the
United States"
The tenth section authorizes the
to administer outdoor relief
% needy and meritorious soldiers.
Ii is very clear, Mr.. President, from
he reading of the first section of the
lct. that Congress intended 10 create
/ CORPORATION and the name of the
National Asylum for disabled vOlun-
leer soldiers" No language could be
more explicit or comprehensive. This
coronation so created was to have
perpetual succession" with power
20 take, hold and convey real and
personal property" establish COM
non seal,n "sue and be sued la courts
1f law and equity and ts.make by
avs and rules and regulations and
lffix penalties thereto ~ ,-- I
Yet il is eOntended that il is not In
'act such but the National Govern
nent all the while. If this corpora
ion can buy and sell land, can it be
pretended that it is the Government
which buys and sells it? Suppose it
should conciade to purchase another
arm, which it has right 10 do,
would that purchase also be the act of
he United States? Suppose upon
his newly purchased land should be
residing citizens and voters Of the
State, do they cease 10 be citizens, and
become foreigners and aliens? Sup
pose, on the other hand, IL should sell
ind convey the land now owned by
t, would il thereby be restored to the
State aud change the political status
)f its residents? It's IN the power of
his corporation to enlarge or contract
Is territorial limits without asking
cave of Congress or any other power.
It can buy the half of Montgomery
county and sell it again if its board of
shall choose. Can il by
such process limit or enlarge the poll
ical jurisdiction of Ohio? Such
/ doctrine would hardly be sustained
1y any sane man, much less By any