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
His position therefore is that these States, having been in rebellion,
are now out of the Union, and are simply within the jurisdiction of the
Constitution of the United States as so much territory to be dealt with
precisely as the will of the conqueror, to use his own language, may
dictate. Now, sir, if that position is correct, it prescribes for us one
line of policy to be pursued very different from the one that will be
proper if it is not correct. His belief is that what we have to do is to
create new States out of this territory at the proper time--many
years distant--retaining them meantime in a territorial condition, and
subjecting them to precisely such a state of discipline and tutelage
as Congress or the Government of the United States may see fit to
prescribe. If I believed in the premises which he assumes, possibly,
though I do not think probably, I might agree with the conclusion he has
reached.
But, sir, I cannot believe that this is our condition. I cannot believe
that these States have ever been out of the Union, or that they are now
out of the Union. I cannot believe that they ever have been, or are now,
in any sense a separate Power. If they were, sir, how and when did they
become so? They were once States of this Union--that every one concedes;
bound to the Union and made members of the Union by the Constitution
of the United States. If they ever went out of the Union it was at some
specific time and by some specific act. I regret that the gentleman from
Pennsylvania (Mr. Stevens) is not now in his seat. I should have been
glad to ask him by what specific act, and at what precise time, any one
of those States took itself out of the American Union. Was it by the
ordinance of secession? I think we all agree that an ordinance of
secession passed by any State of this Union is simply a nullity, because
it encounters in its practical operation the Constitution of the United
States, which is the supreme law of the land. It could have no legal,
actual force or validity. It could not operate to effect any actual
change in the relations of the State adopting it to the national
Government, still less to accomplish the removal of that State from the
sovereign jurisdiction of the Constitution of the United States.
Public-domain text, read in full here on John Shaqi.
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