stitution prohibiting nullification and
secession;" _fourth_, "to insert a provision in the Constitution
prohibiting the repudiation of the National debt and also prohibiting
the assumption of the rebel debt;" _fifth_, to provide in the
Constitution that "no person who has at any time taken up arms against
the United States shall ever be admitted to a seat in the Senate or
House of Representatives."
On the eighth day of January, two days after the re-assembling of
Congress, Mr. Shellabarger of Ohio specifically answered the speech of
Mr. Raymond. He spoke with care and preparation, as was his habit.
He wasted no words, but in clear, crisp sentences subjected the whole
question to the rigid test of logic. "I shall inquire," said Mr.
Shellabarger, "whether the Constitution deals with States. I shall
discuss the question whether an organized rebellion against a
government is an organized State in that government; whether that
which cannot become a State until all its officers have sworn
to support the Constitution, remains a State after they have all sworn
to overthrow that Constitution. If I find it does continue to be a
State after that, then I shall strive to ascertain whether it will so
continue to be a Government--a State--after, by means of universal
treason, it has ceased to have any constitution, laws, legislatures,
courts, or citizens in it."
"If, in debating this question," continued Mr. Shellabarger, "I debate
axioms, my apology is that there are not other questions to debate in
Reconstruction. If," said he with well-timed sarcasm, "in the
discussion, I make self-evident things obscure or incomprehensible, my
defense shall be that I am conforming to the usages of Congress. I
will not inquire whether any subject of this Government, by reason of
the revolt, passed from under its sovereignty or ceased to owe it
allegiance; nor shall I inquire whether any territory passed from under
that jurisdiction, because I know of no one who thinks that any of
these things did occur. I shall not consider, whether, by the
Rebellion, any State lost its territorial character or its defined
boundaries or subdivisions, for I know of no one who would obliterate
these geographical qualities of the States. These questions, however
much discussed, are in no practical sense before Congress."
"What is before Congress?" asked Mr. Shellabarger. "I at once define
and affirm it in a single sentence. It is, under our Constituti
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