Year: 1868

l would have voted for their ratification.
l never saw the day that was not will
ing to see slavery abolished by any con-
stitutional means; but I never was
willing to abolish it in an unconstitu.
tional, disorganizing or revolutionary
manner. i believe with Washington,
in his Farewell Address, when he says
it is better to submit to apparent incon-
veniences than to violate the Constitu-
tion to get rid Of them. 81 III 7tsHi


But your recognition of these States
did not stop here. You submitted your
fourteenth amendment to them and they
received it. Then you discovered that
they. had no legal government down
there. This amendment was accepted
under duress, and is not binding upon
anybody. If these States down there
had agreed tovote the Republican ticket
it would have been all right. 1t makes
no difference how great rebel a
man has been, if he is
Republican now it is all right
and good. A renegade rebel down
there, under Dan. Sickles, is sent out to
execute writ from the hand of Chief
Justice Chase, and it is all right. Dan.
Sickles sets himself up to resist the pro-
cess of the United States Court, for the
reason that if the people there could get
these reconstruction acts into the United
States Courts, the courts woald declare
them. unconstitutional. They did not
dare to trust these acts in the courts of
justice. In the well known case of Mil
ligan it was decided that Congress had
no power to authorize the arrest and
trial of citizens by military tribunals.
The President himself has no such pow
er, for it would be Aagrant violation
of the 4th and 5th amendments to the
Constitution of the United States.
Hence this attempt to override the Su-
preme Court of the United States-a
court that from the beginning of the
Government has decided all questions by
a majority assent except questions that
effect Congressional acts, when two
thirds of the Court are required to de-
liver the opinion.


Congress was never more sacred from
the operations of the Court than any
others. The court was designed
and organized as check and barrier
to protect the rights of the people
against the encroachments of Congress.
Yet these fellows say that three-fourths
of the court shall decide questions, in
order to save their acts from reputation.


Your Constitution gives Congress the
right to make such laws as are in pur-
suance with the Constitution. What
ever they do must be in pursuance of
that nstrument-anything outside of
that is wrong. You say it is the duty
of Congress to see that the laws are
faithfully executed. Sir, that right be-
longs to the President, and when you
interfere you deprive him of that right,
and when you confer it upon General
you have no right to do so. Where do
you get that right2 1t is referred to in
these resolutions, as you see.


The gentlemen from Cuyahoga (Mr.
Sherwin) was kind enough to warn us
in the most solemn manner to prepare
ourselves for the coming wrath of an
indignant people. He tells us we shall
be overwhelmed by the popular indigna-
tion for. our votes on the Resolution re.
scinding the ratification of the 14th
| Amendment of the Constitution of the
| United States. and declares, too, that onl
repeal is of no legal validity. Perhaps
| we have made a great mistake, but if we
have, we have precedent that ought
not to be questioned by our Republican
friends. In 1861 Congress PROPOSED tt
the States for ratification CERTAIN amend
ments known as the "Corwin Compro
mise''' which was adopted in lieu of the
| propositions of the Peace Congress
These articles were duly ratified
by the Legislature of Ohio ant
at a subsequent session our Rad


ical friends did not hesitate tt
rescind that act of ratification. Will
that record staring them in the face, oul
Republican friends are not in very
good condition to reproach us for only
following the example set us by them
selves. 1 hope my Democratic friends
will appreciate the kind warning of the
gentleman from Cuyahoga, but in a mat


ter of duty do not stop to inquire wha


the people will do with me. The only
| way to preserve conscience without Of
fense, is to do that which is sincerely
believed to be right. 1 don't fear the
people upon this question. They un'
derstand that the point is in the first
section of this amendment, which con.
| stitutes all men electors, of whatsoever
color. All the rest is sugar coating, tc
induce the people to swallow the odious
pill of Negro Suffrage. s4


This is evidently all that is cared for
The payment of the public debt is mat
ter of no concern to them. You have al
ready all the right and authority neces
sary to contract debts, levy impost and
taxes and borrow money. You are sol
emnly pledged at all events to discharge
every obligation-as much so as if this
amendment was adopted. And, sir, you
cannot avoid repudiation if the people
| will it. Ifyou wish to repudiate debt
| fail to pay the interest. and that will ef'
| fectually do it.
Mr.. 'SHERWIN-How about the
| rebel debt!


\ Mr.. BALL-Our friends seem very
! anxious about the rebel debt. Men are
not noted for going about and hunting
up debts to pay, and furthermore there
4 is no such thing as rebel debt
1t does not exist. The rebe


bonds themselves bear upon theil
/ face the provision that they are not pay


able until six months after the ratitica
ton of treaty of peace with the Uni
ted States Government, and this in tn,
course of events is not likely to occur
These debts and claims will never b.
presented for payment.
But to resume Ohio has just decided
by an overwhelming majority that ne
groes shall not vote-shall not sit upol