American Eloquence, Volume 4: Studies In American Political History (1897)
History
American Eloquence, Volume 4: Studies In American Political History (1897)
Speeches, addresses, etc., American; United States -- History; United States -- Politics and government
After such clear and repeated decisions it is something worse than
ridiculous to hear men of respectable standing attempting to nullify the
law of nations, and declare the Supreme Court of the United States in
error, because, as the Constitution forbids it, the States could not go
out of the Union in fact. A respectable gentleman was lately reciting
this argument, when he suddenly stopped and said, "Did you hear of that
atrocious murder committed in our town? A rebel deliberately murdered
a Government official." The person addressed said, "I think you are
mistaken." "How so? I saw it myself." "You are wrong, no murder was or
could be committed, for the law forbids it."
The theory that the rebel States, for four years a separate power and
without representation in Congress, were all the time here in the Union,
is a good deal less ingenious and respectable than the metaphysics of
Berkeley, which proved that neither the world nor any human being was in
existence. If this theory were simply ridiculous it could be forgiven;
but its effect is deeply injurious to the stability of the nation. I
cannot doubt that the late confederate States are out of the Union
to all intents and purposes for which the conqueror may choose so to
consider them.
* * * * *
But suppose these powerful but now subdued belligerents, instead of
being out of the Union, are merely destroyed, and are now lying about,
a dead corpse, or with animation so suspended as to be incapable of
action, and wholly unable to heal themselves by any unaided movements of
their own. Then they may fall under the provision of the Constitution,
which says "The United States shall guarantee to every State in the
Union a republican form of government." Under that power, can the
judiciary, or the President, or the Commander-in-Chief of the Army, or
the Senate or House of Representatives, acting separately, restore them
to life and readmit them into the Union? I insist that if each acted
separately, though the action of each was identical with all the others,
it would amount to nothing. Nothing but the joint action of the two
Houses of Congress and the concurrence of the President could do it.
If the Senate admitted their Senators, and the House their members,
it would have no effect on the future action of Congress. The Fortieth
Congress might reject both. Such is the ragged record of Congress for
the last four years.
* * * * *
Public-domain text, read in full here on John Shaqi.
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