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Daily Ohio statesman. (Columbus, Ohio) 1855-1870, April 16, 1861, Image 2

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ui as:;aAin'nmit;Tr tokck ita: ia.
riT3 mns or tus decisions or tbisb&
irmus oocsr, - - -
.Contained la twenty-nto volume or th Ohio snd Ohio
Btate Reports)
aso kirsRENcxa ro f aioa iawb,
la Two,, Royal 8vo. Volumes. Price $10 00.
tr o our or expense bu bren spired to nuke the work
Brfrot aad rllabl In H rnpect.
It hu sow ita Ualalatlva sanction, havins; been ap
proved tv nearly th unanimous Tot of both Hook
Hi was ordered to bt distributed to tha followlne; Btata
Bsd Counij-oftWrst . . - - -.
t)averr.or. attorney General, Supreme Judyae. Secre
tare, 0 'Diptrollcr, Treasurer and Auoltr of 811. and
la tha Probata Ooarta. Court of Cmmon Plea. Super
ior and Police Ooutta-auditors: and the Clerks of tha
vatoa Onartataaach eour.ty. to the Member of the
gooat and rkase of Representative of hi 'ate, and
Uar Toermr o th several States of thTJulon.
- This book, ontlntn, aa It drwa. al1 of the Statate
aw la fnrc and ihe aothoriuttve eoietruetioo o them
ad of tha ! Ooia lia'l a. will he found to ha espeolal
1 uefal to the performance af their duileet to aU -OiJUtrTOFftCKRS,
JDsnom 0 'HI HACK, .
01.BHK4 Of TOWS1IPS,ao4
, t, -', cut omegas. ' .
Inesmoch aa Ttrv any chant have bean made In the
taia'ea eieoetne paitfc-aiti-n ol the lal ediit- ne. ny re
peal, altera'ton and addition, aad many Important de
euaa hare bar a (Ivan Bj tha Bupreme Court on con
travarled point ad
Will nnd this an Invaluable Work. '
WIm Pm1 JUw, VnJutMM nf aw AVn.af.vai TTuftdred
In etroof law Binding. Price 10. 00.
ROBERT CXarciaK, te CO.,
let FttbHehera. Bookseller! Sialic era and Importer!,
10 63 welt r our in street.
fcblftdSaula . ; r ; Clnoinnatl. 0,
atASinonrr wtxleb, rubiiahr
W. fflA.Mrrli.-IMl(e
tr-5 j nrrPTJxTJtflFXTX. TO IXFVftr IKSBIt
TUJr. aAoaW t Audi in by Tf l YE O'CLOCK
a Ma elof tfpuMical an. . .
Meeting of the Democratic State Central Committee.
The Deatocratio Btata Central Committee is hereby
notified to meet al Columbus on Iriday. Sdtb InsUnt,
far the purpose of counseling tcgelher on the alarming
eoadltloB of tha eoantrr. -
I aloeeraly trust that all the members of the Commit
tee MU be present, to advise and adopt such a Una of
policy a they may deem best for the perpetuity of our
Cbalraua of the D em oe ratio Bute Central Committee of
Ohio. '
CUMMINSVILLE, Hamilton County, April 16.
17Tb BT.ua of legialatUe matter, much of
It of antuual tmportsnce, and the crowd of tele,
gntphlo new in oar eilumoi to day, eiclade
times. ererjihiug elie. '.'
IT The bill eppreprieting one million of
dollar for mintary purposes, to be found lathe
legleUtlr reporU of yesterday, passed the Sen-
t tbli morning, .by a rote ot ii ayes to i
no). ,i t t -t ;
17 It will be aeen from the novice of Dr.
Wat. Hoomt, Chairman of the Democratic State
Central Committee, that a call is made for
meeting of eaid Committee, in this city , on the
26th instant. It ia desirable that there should
be a full meeting of the Committee.
z CTThe quota of troops assigned to Ohio nn
. der the proclamation of tbe President, Is thir
teen regiments. There will be great rivalry
among the volunteer militia to enter the service",
aa the leaders of men from warioaa parte of the
Bute wlUfei exceed the Dumber. required.
17 Oar neighbor of the Journal pats various
Interrogatories to us this corning ia a very im
pertinent manner, and informs oj that it wants
"no equivocation iQ response to these' lnqul
rise. Those who hare read the Staletmati for
tbe paat sis months can hare no difficulty in
understanding our. opinions upon all the ques
tions propounded, and if tbe Journal is Ignorant
on th subject, we cannot help that. We can
not pnt sense into that concern, no more than we
oan Infos into It patriotism and lore or coon
try. ; ; ' -'.'
We may say In brief to ear cotemporary, that
we are for th Constitution, the Union, the ex
eatlon of tbe laws, and for every measure tend
lngtt) restore harmony and fraternity among
the people of the United States. Can the Jour
ue! say aa mucht . ... , , .
April 15, 1861.
Ta U PttpU of OM:
Teat are aalled a pern to meat the gravest responsible
Ma. 'ad It aaar be aaorlfica , to pi aaerve soar free inetl-
tapasa and oar naUoual iadapeudnca The atitmpt
a sunr 6 ovarii Bant to auuply a ba aagaered garrison
WIU prrtvitloat has oeao ssai by ouea eai and tha red ue-
Sloa or the gar.lroa ny roe oi arms. lour natio al
ag haab-aa inaulied. and lb eonatttntlonal Buhoilty
at ihr Cnlaa treaaorabrr danwl.
At aoeh aa b nr. rising above all pany name and par
ty Ma, reioio ia maioi.in tne rraedom o n any put
ahased by nnr Pathara aodt iraoamit it ul impaired to
ear p-e'rUv. l-l ihe pa pie a e-t the r power.
Tool votoaa III tie beard. 5 or action will bring hipe
ta the) erwd and oppraai In rbrll(oui dittiiett
Will etren,thao tha "audi and aolroate th neart or the
hvywl ifena-aB a In the no roar data, aad wl.l bring back
pearaj ai d ardea- to th oattaa. with a new aaaaiasca of
ta Bjnetnt'y of tte pricab ee bteeet fa
Taalavartat Aasnably. b set Jnst pfd, open to
r i ha at-lb d of oauiylng of iar davail n to oar be
nd Mat It a Ci.lon aH Is, and thoie Pra Insilia
MovtwhirbrvaaHt ihnfonixtBtlon and pleogaof
awr Kaiiscal aad Individual unit, erliy
Oaneral urdia leaned ihroBghh proper department
aawitt; aaatkod and Invli yoor reaponee
IX ae all, ihakfwr Alsr lurraat metcle.
kBBlorina hi irdva tor trnr many ihorlcomlnts. and
tradii g wtik Him tha daaiink-e of oorotnotrv forget
all tat ue i rrsirr sai'y. raat asioe uia aisiiuciions ttiai
hava been th bafurf iianlnl diff'renara, ar d deal' n-
trata SB tka aond that we are worth sons of great an-
at tea eairaaua wtu in uneniea we tni ar t.
COLUMBUS, OHIO, April 15, 1861.
ra provid fny pa Btnl
fa lb JUaular lldla of Ohio, u' sorb sum a. I I be
Itarxal will a.a eanaio llalilll ia Incident 10 1 a orgaji
laotien. ntaelwiliia aBtawppwrs.'
Aiaed rrhilloift at be federal anthoilte, pgttint
aa.tot. Which no ppl thehUbe.tnrler patriot-
aad aali-aaa fi - tth ao kuoertain ootdener In
v pent ewr aaniiurciiai ri. nif . rrratea an or.
tlntpepla tha ar ratlt Boon It fan.iah, dirlhwIHl,
ta saaiitrvaiii n-rv artn s will Itcrsan
' ft aal nrawd foraaaf Oh a toeix Uacnaand effldeotaid
atrd..lled wm, - -
All aatfllewtena tar the fan'satlon of new oompinlt
Win ha mad la thai Aapartasent. in rate no ( Til nfll-
r raatoea in tne ti.trf " wrtntu wnicn ilia- ytopneei
a aasnnr la artwint. tar a general omoer bo.i. ht.w
var, bav aai'ariawl biuaeif d apiiei wnb la
4 rit')itii'a herwofora promaigrrtt and all ( fllceraof
vrhatarrr . tr"( U be ai rv-youaloie ror raailliarity
With ihrir nrflia nu : ea. general ai d special, and lar tha
diMiplta, aMirai couuaoa, ana) peife.MoB of their eom
tha tault nf th In'aorry organfiatloa will ba twaaty
five regitaeeni: auaonmpaniaa makisg ap th 6 000 men,
t a aajtai.ed by ganaral order to be lienarf forthwith.
Until further orders. nw eomianlr will ooualat of not
a than d. nor mor than 50 uniformed man. includ
ing Iw moiictana, wha will be enlisted tba same as prt
Tlre. Ciaipanie. already equipped and disciplined, and
Which hi with trii department a rlatra t ba held aub
Jvct to orders, will turn lib iherrarlih a complete roll of
th natnps to be relied npnn, that in nny emergency, ao
O'rtfr amy be iaiofd, with practical tuanranra of the
fott- si comr-tand. The prr'inptnr with which such
Iwi .ir r.-a t.'.n nHtTr ht-ref ifore, la accepted aa good ev
lttti(, i ti(f t:mo Volunteer Militia, already onran
Ue.1, ia ir mjt of the eonhdentteand support of tlieiien
era I Aviv.t-iy. tbe people, and lh eouutrr at lariie:and
that Iba iiu.i.ialnUireiueatof this depailiuext,ta the
btate authoritlee, of the ewdltlow af nok BUUia la o
tilled 10 full credit. t t . A 1 t !-
Baordaraf Commnder-fti-r,hK'f,l -tv i
Adjutant General of Ohio.
The General Aiaembl j of Ohio direct Ihe -al
enrollment of all white cltiasne aetaeen the age of IB
and 45 7eare;and ihta"Mlllila BeierTe" ha srgaolaed,
dditiunal ta tha renimenleof renularMllltla.
Aar clUaen who thall propoae to ornaolie each a eom-
timnaa will tflraaei tliiai (If ttAr tment: wheu. If hie appll-
eatloa be approved, he will rerelve a blank form for tha
i.n.tn... of u iMinmut, YHito th roll li returnad
ta thla office, and eowpted, an.. order will leeua
for tha election- oi offlora, ' Such othoara will be
dul coamluloiKd, but they will not be required to
uniform or perform the datiee of Ilegular Militia, nnleea
in emergency ebonld require an lucreaea of the latter
m. tMinferof oomnanieaof the Heeerre, When
ever auch t'annfer ehall become neceuary, the oommle
ilone of offlcera of the Militia of Heierve will be er
flh&nvfd for eommiiilone in the Reenlar Militia, and the
rank of euch trantferrtd oihoeriand companies will be
aulgned, In accordance with priority of Organlitllon.
It la expected frnm the urneut epplicntlona on file, and
tha manlfeet resolution of the penple to malntalo tha
Uovarnmeot of the United Btatee In Its Intenrily, that
the people alll promptly organ neaod report to tun de
partment. hv -ia-vniei.
Adju't Gen'l.
April 15, 1861.
Tha Preililent of the United Btatea hu, by hli procla
mation of tha data of the Hth in.. called upan.tha
mlirtia of tbe eeveral 'latea of the Union, to the aifare
gate namoer of 75 000, to euppreee certain cunihiiatlnnl
in aeveml of the dutei. whl h are too powerful to he
eupprreied In the ordlnaiy wa, aadio euablr him to ex
M-ute tha lawa.
Ma .i.ni.1 v nnoealt to al total Cit I'ni to Herniate
end aid hte effort t man t-in lite lawe. thf luteitrlty of
the N lonal Union, and the ,.erpeulty of popular gov-
erno anta, and to redre-B aronee mat nave long oean an
I have enured the I'reei.ient that the peop'e or unto
will promptly irsi Ond to his call, uil will furnish the
larerat nnmbr? of the reauind force that he will wive.
Vhr I have d ne because f my knoaledge of your loy
ally o the Unloo. ai'd your devotion to the free iDstltu
li.irta t aot.mlttei to us ttv our fa-hern.
The proitleorOhlo. while ever roatlr to extend to their
brethten of theolhrr state all heir Just rlghtt and the
full ttrnrfltof all Con-tit-tiooal guarantees, will apara
ne"h r n en nor m-ain for m- pre erva ion or tne union
and a defeosrof the da'IOLBl non ir ,
Now by vtr ue it my office, as Governor of the "lata
of Ohio. I cill uDonvoutot reaniteyourtelves intoco
panics and notlf, me there. f Oeoitral . rder will be
lasnrd from t"e pr per departm .nt. Inform nf you of all
the details retatlng to the orgaoliallon and the muster
ing Into service-
The requisition upon Ohio Is for thlrtrea (13) regl'
ments ror immediate tervice.
Wa Is now waited ewaiint our Oovemmrnt by the In'
surgeot Stales of the douth. Actual h tstillties have
commenced. Armed renlatanca hae b en tncresifully
made b the reKU of "on n Carolina, to tha efforts of
tha Oovrrnoient to furnish suppil.s to tha faml blng
earrison ' Fort fuotter. Ttit national nag nas been in
suited, and the laf-iv of tha Natlonsl Capital is threat
ened yt.nrpat'iotlso points to y u tha path of duty
in thlseriHe. touoreano appeal rrom me in lesiity
yoBr loyalty to tha Heneral Uoaernment. ine uoosti
ttttlon muat 14 maintained ; the Union must be pro-
tha laa must be enfoiced
MONDAY, April 15, 1861—2:30 P. M.
On motion of Mr. STANLEY, the rules
were suspended, and a communication was re
ceived from tbe Governor, concerning tbe re
bellion iu the seceding States a copy of which
will be found in another column.
Tbe Message, on motion of Mr. GARFIELD,
was aid upon toe table and oraerea to oe prim
Mr, STANLEY, from the Finance commit
tee, reported the following:
senate BUI HO- mi:
A bill to provide for the defence of the State,
and for the support of the Federal Government
against rebellion.
bicrioifl. (uhicIm 1) tht ventral A$-
$mbly of the Sttc of Ohio, That there be and
hereby is approtjtiated, tbe sum of four hun
dred cod fif ty thousand dollars, lor tbe purchase
of arms and equipments for tbe militia of tbe
btate, to be expended nnder tno authority and
direction of the Governor, and audited and
paid upon accounts certified and allowed by
him. -,'',
Sec. 3. That there be and hereby is appro
priated, the further sum, oi five hundred thou
sand dollars, to be expended, under tbe direc
tion and authority of the Governor, in the sup
port and maintenance of tbe Federal Govern'
ment, against the existing rebellion.
Sio. 3. That there be and hereby is appro
prlated, and placed under the control of tbe
Governor, as an extraordinary contingent fund,
tbe further sum of fifty thousand dollars, to
meet the emergencies arising out of tbe present
condition of tbe country.
Sio. 4. That for tbe purpose or paying tbe
appropriations in this act contained, the com
missioners of the sinking fund be and they are
hereby authorized and empowered to borrow, on
the faith and credit of the State, such sum and
sums of money, not exceeding, in tbe aggregate,
seven hundred snd fifty thousand dollars, as
may be ascertained by ihe Aucltor of State, and
from time to timeceruneo to tnem to oe neces
sary to meet the aforesaid expenditures.
Sic. 5. Whenever it shall ' become neces
sary to borrow any sum of money nnder tbe
authority of tbls set, the commissioners ot tbe
sinking fund shall take such measures, and give
such public notice by advertisement and other
wise in their judgment may be needful to enable
tbem to obtain the same without unnecessary
delay; and tor tbe mcneys so borrowed tne com
mlssioners sball isene certificates to tbe proper
parties, payable at the treasury of the State at
such time and times as tbey may deem proper,
but not longer than five years from tbe nrst day
of May, A. D. 1861, Tbe certificates so issued
sball bear Interest at a rate not exceeding six
per centum per annum, payable semi-annually
at tbe state treasury on tbe nrst day or Alay
and tbe first day of November in each year, and
sball not be subject to any tax or assessment
levied under tba authority of this Slate. To
euable tbe commissioners of tbe rinking fund
to carry out tbe provisions of this act, tbe sum
of five thousand dollars is hereby appropriated
for tbat purpose, out ol any lund in tbe Stat
Sac 6 That for the pnrpoie of raising the
mouey i.ecesrj to repay the amount ttau may
be borrowed under-tbe authority of this aot,
and tbe luterent thereou, and to meet tbe ex
peose tbat may be Incurred by the State and
uecersary for tbe support of the Federal Gov
eminent and the maintenance of the honor of
this State, there be and hereby Is levied a tax
of sevcu-taentirihs ol one mill on tbe dollar ol
be taxable valuitioo of property on tbe grand
lie' oi ihe state lur eacit or toe . vears
IKCl, 18G2, 1863. Ie64ana lbG5,ibe proceed
ol winch are beito; irrevocably pledged to tbe
purpoaea aloree.id.
exo I. l ui act kna.li Iftke tnect and be In
fore upon itt passage.
Un motion oi Mr UUA. the bill was read a
eet-ood lim by title, and laid on tbe table. .
Mr SCULSICH, from tbe committee oo tbe
Miiitia, repoi t-d i be loiljwiug, via :
S B No.298-ReUtingtotbt Militlaof Ohio
mufteied into the service-ol ihe foiled State.,
under the proclamation the Pitaideut, dated
A,ril 14 b, 1861. , -
6to I. Be it enacted, Ami That all eompa
hie of InUt.trj, Li;bt latautiy, or R fl c,m
paoitw O'gauiscd ia tot, S.io to Vuluo'.eer low
tne service or tbe U 8 uader th prueUma'tna
of tbs Presiiirnt tbtrreot, Oited April 14 b.lbBl,
ehall coDttii-lcf tot lees th in 60 men, rank ami
blej all compinies of civt.iy organ led for
I ke purpoa nhall consist of not leas than sixty
met ; ai d all e mpanies of artillery organised
f.ir ilk putpose ehall consist of to', leas than
100 men- All such companies sball be entitled
to e'ect at tbe eumuiiseiobed tfDceis tbereor. '
O Captain; -- ---
One Frst Lieu'eotm' ' ' -3 "
Oo Second Lieutenant-, , "
Heo. 3 Tbe eump'oiessovolunteerlDg shall
be organiffd iato regiaients, c mrUilog of not
itss Kmu ien com pakies .each; every sucl regi
ment to be cooipo'ed excju-ivtily of Infantry,
Light lo antryk or R.fl", Civalrj or Artiller);
uch regiment to b otlluerrd a cording to (b
law or reguiaiing the militia, now to furo. -
Seo 3. This aet to b ia fore from aad n
ter it passage." - -
On motion of Mr. 8CBLEICII the f uTer wire
suspended, and tbe bULwas read a second lime
and laid oa the tibie , , ,(!,-
i.l IXOONO BEaMHO.. 1 - '
H. B. 457 To provide for. Ihe 'nurohise and
distribution of Swan. and Crltobfield's Statute
of Obio. Referred to committee of th Whole.
Jtfr. GARFIELD, from a select committee, re -
commended the pasfaee of 8. B. 2il To pun
lsb trtaaon. -The bill was engrossed ror a third
reading to-morrow.
The Suieot committee of one, to wh'rh was re
ferred S.inat bill 211 betflfr au aot to define
and punish treason' against tha Stat of Ohio,
becrged leave to present tbe following report!
- la considering (bis bl),l tso questions must be
disousted " V . S -
x Is It constitutional T , .-rj -t,.
- Doe the publio welfare requir til- -
r Tbe first question .require ,n examination
Of th bill as It standi related 1 , i
T th Constitution ol Ohio-Land il''
to tbe Constitution and laws of the Federal
Tbe right of a State to punish tresson baa
been questioned, on tbe ground 1- That It ia
crime against sovereignty 'and the wysr
eienty of a State Is too limited to make re
sistance against it treason. 2 'That resistance
to tbe government of a State would really
be treason against the United S.ates. (Wal
ker's American Law, p. 150, and Am. Law
Mas. D .31 S ) , io
But that a Stat may define and punish tbe
orlme of treason against itself, la evident,: (or
the lollowlnrr reasons: . ..
1. It is ciearly implied in tbe uwstitution oi
tbe United mates (Art. 4, seo is "A person
cbareed, lu any State, witb trttion, lelony, or
other orlme, who shall flee from justice and be
found in another State, shall, on demand of tbe
executive authority uf the State from which he
fled, be delivered up, to be removed to tbe
State having juiiadictioo of tbe orlme. ,
2 It I likewise clrarl loiolid ia tbe . Con
etUutiun of Obio, In Art. 3, Seo. II: "He (tbe
Governor) shall bave Dower alter cooviotlon, to
graut reprieves, commutations and pardooa, for
ail crimes ana oneote except treason 7 - -Upon
conviction for treason, he may suspend
tbecaecuilnn of the sentence, and report the
case to tbe General Asnembly, at its next meet
ing, when tbe General Assembly sball eitoer
pardon, oommut tbe sentence, direct its execu
fon, or giant a further reprieve " .
3. Our later elementary writers 00 criminal
law asnert it. Wharton, in bis Criminal Law,
one 690 3d edition, says: "Treason is un
doubtroly aoommou law offense in each State
and from constitutional and statutory provi
sions, aud'S recojiolxed as. having a substan
tive snd Independent existence, I q that clause
of tbe Federal Constitution whicb provides that
it a person accused of treaaou in any btate
ehall flee from justice and sball take relume in
another state be may, on a proper rcquisttiou.
be delivered no by tbe executive of the State to
which he bas fled." See also Kent's Com , Vol
1 p 342, note;and Tucker's Ulackstooe, vol. 4,
page 21, Appendix
4. It was eo decided by Chief Justice Durfee,
of Rhode Island, 10 the celebrated Darr trial.
(Pittman's Rep.,page21 )
5 Twenty six States of the Union bave, at
this time, laws 00 tbeir statute books defining
and punishing treason Ohio, herself, badsucb
a law for nearly half a century. -
W next tcqu're whether tbis bill Is In con
flict with tbe Constitution of tbe United States.
It does not propose to execute tbe federal Iaw
on the subject of treason but .it does deolare
that any citizen of Obio who shall give aid and
comfort to the enemies of the United States
or betrsv to tbem the property of tbe United
States, shall be deemed guilty of a crime against
tbe State of Ohio. .- -
Tbe objection urged to tbls provision is, that
itrjronosea to cnoiah sn act which Is a crime
agaioet the United States, and properly falls
within tbe federal jurisdiction.
Before the formation of tbe Federal Consti
tution, all sovereignly wss lodged in tbe States,
and. bv the tenth article of that Instrument, it
ia exnresslv declared "tbat all powers not del
egated to tbe United JSuies by tbe Constitu
tion, nor pronioitea oy 11 to toe states, aro ro
ssrved to the States respectively or to the peo
Let us then inaulre whether tbe Constitution
elves to Congress the rxelutiee jurisdiction of
tbe crime 01 treason. . iu tne i-tueraiwi, ivo. o,
th following doctrine is laid down, which bas
frequently been quoted and approved by tbe
Courts: That exciusire jurisdiction is vesteu
in tbo Federal government in three oases only,
Tie: ' ' ' -
la Where the Constitution, in express terms,
granted an txeluiio authority to the Union. ,
a. Where it granted, in one instance, an au
thority to tbe Union, and in another, prohibited
tha State from exercisina the like authority.
3. Wbare It granted an authority to the
Union to which a similar authority In the States
would be absolutely and totally contradictory
and repugnant. , .
In the ease of Frlgg vs. the Commonwealth
of Pennsylvania 16 Peter, p 154 itjwa held
by the court tbat a mere grant of powers,
affirmative terms, to Congress, does not, per ee,
transfer to it an ixdutivt jurisdiction. Then
follows in the came connection an affirmation of
tbe doctrine above quoted from tbe Federalist,
aud tbe following illustration of it, quoted by
Justice Daniel, from Story in Houston vs. Moore
6 Wbeaton, 48. "An example of the first class
is to be found In the exclusive legislation dele
gated to Congress over plsccs purchsssd by the
consent of tbe legislature of a State for forts,
arsenals, dock yards, to ; of tbe second class,
the prohibition of a State to coin money, emit
bills of credit; of tbe third class, the power
establish an uniform role of naturalisation, and
tbe delegation of admiralty and maritime juris
diction, In which concurrent jurisdiction would
be Incompatible. In all other cases, not falling
within the classes already mentioned, it seems
unquestionable that tbe 8tatea retain concur
rent authority with the Congress, not only nn
der the 11th amendment of the Constitution, but
upon tbe soundest prinolple of general reason
ing. Tbare 1 tbl reserve. However, tbat
eases of concurrent authority, where tbe laws
tbe State and ot the. Union are In direct and
manliest collision on th am subject, those
tbe Union, being the supreme law of tbe land,
are of paramount authority! and the State laws
so far, and ao lar only, as men incompatibility
xibU, must necessarily yield." -
"Such," aay Justice Story, "are the general
principle by whicb ny lodgment is guided
every Investigation ot Uoosttiutiooal point.'
Art. III., see. 3, of the Constitution of the
United State, says: Tb Coagree sball bave
power to cedar tbe puolsbmeut of treason
Tbls is no declaration of exclusive authority
Tbe grant i made In tbe same terms as other
grant of power to Congress enumerated in tbe
eighth section or arnci seeood several
IbiSe power bave long baeo adjudge by the
court as eonccrrent. Tbe power to levy and
collect taxes is expressly grantad to Congress
but no one ever supposed It to be txtiutivtly
vested io tbat body. The power to puuUa the
couoterleitiug or United btate coin t also ex
pret-ly granted to Congress to ihe same section;
and Io pursuance ol tpal clause, tuteress eo
soieda law dtfiuiog tbe crime and preaosibiog
'be punishment of it. . (Geo , Lws of, U a 8
vol.6, pne 72 ) But ia dieided iotbe
ce of Ftx 1 tbe .Stat ot Ohio 5 Howard,
410. that a Siau may punlab tbe am crime.
See, also. Tb United Scales v. Marigold--!)
ildwar, tll, -. ;--;- , ;. .
lb tauie section also empowers Congress "Io
provide for calliu forib tbe ruiihie to axecui
tb law of the Uuloo." And jei, io th cele
brated case or JJoustoo vs. Moore, a Wbeatoo,
it was held that, , "though tb refusal or neglect
of tb miiitia 10 obey tbe order ol tb Presi
dent is an tffens against tb la a of tbe Fede
ral uoreinmeot, aid turjei t tbe offender to
certaio prescribed punUbtueitt, yet U was com-
pettnl lor th Stat Court of f i.o)lvnl
tkd cognisance of ihe ofteore and puoisa it "
Such beiog the precedent for lb eoDCurrent
Mitni...l I,,.iiii,i.n nr ik. ci , . . f. . V .a-.
' . J.iirMt.i.vil vi u. tk. miivt . . W ,
Court, we sk 00 what groabd almtlar jurioie
lion, to far aa the prhriou ol tbit bill cstab
Iish It. can he runird? ' '"'
.Will it be oMected io on the Krouud thai un
der It o. Individ aal may b twiee puotehed
the earn onrDseT - .i ij-t.r H -f.
It-is well koxwo tli at on, and the fame
may, and frequently doe,.cootitul two dis
tinet t ffeoces-coder tb same Juntdio iood
from tb compli x character ot our government,
it Is t ot wtibd rtul thai the atmeytct may SO),
time be a ' diatluot orTeoa under each junsdjs
tion. Oo this plo, teeKuprem Court, In
ease of Moore The People of . lilinoU,
Howard, pa?e 20buld the folio vlug definite
language! " Ever) cltiien pf tb t nited Stales
is also a Citizen of a State or Territory.
may be said to owe allegiance to two sovereigns,
and may be liable to punishment for ao Infraction
of the laws of either The same act may.
be an ofl'ense ot trabsgresefon of both., Thus,
an assault upon the Marshal of the ' United
8tates, and hindering him In tbe execution
legal process , Is a tilgh offense against the Uni
ted Slat, Io wblob lb perpetrator ia liabl
punishment; nd th am aot may be wlso
gross breach of tbe paee of lb State, a a riot,:
assault- or jl murdar, and sub eel the ssm
' Pi
! lat
irson to a pontsbmcnt uodor ' the ( Htate
aws for 1 mlttdetneanoe or. Xelorryrn That
, euner or
both may, (if they see fit,) pro-
lsb tucb an offender, cannot be doubted. Yet
it cannot bo truly averred that the offender bu
been twice puni.ib.ed for the same offensei but.
only that by one aot be ba committed two of-
rentes, lor each of which b 1 justly panlsha
bio." Tba objection of double punishment cu
not then stand against the provisions of the bill.
even 11 it did subject tne offender to tne second
trial for tbe same offense, it I well known tbat
convection, .under on jurisdiction would be a
ar to conviction under tbe other.-. 1 ? ; '
Oo th Question of lurisdiotlon, precedent of
laws lu other States are not wanting. It Is
treason against the State of Tennessee for any
resident thereto, "to levy war against It; to take
a commission from the enemlea of tbe State or
of tbe United States; to aid or assist auch ene
mies by enlisting, or persuading other to enlist,
by furnUhingJsuob enemies with arms, ammuni
tion, provisions, or any article for tbeir aid or
comfort; or to form any plot to betray tbe State
or toe united States," (Tonoodor 1000,
page Bou.) This law ia almost aa exact tran
script ot the early laws of Massachusetts, Ver
moot, Connecticut. Delaware and Pennsylvania,
New Jersey hae had a aimliar law for the last
thirty years.
1 Tbe reason for concurrent Jurisdiction of tbe
Federal and State government, In th case al
ready adiudiotted by th courts, is obvious, and
peculiarly apropos to tb crime of treason. Tbe
bill ueolare It to b treason against Obio, for
ny resident thereof to seize or betray to ene
mies. any forts, arsenals, or other property of
tbe United Suites, lusted within this 8 ate
Now all the ouetota bousos, oostoffioes, hospitals,
or other United S'ates building in Obio, were
eteeted chiefly for tbe benefit of those oltixens
pi tbe Uuited States who are also olttxeos of
Obio, and any betrayal or des rociion of these
woura be far more calamitous to oiliseosof Obio
thau to those of any other S'ate. I u this fact
rests the strong reason of tbe law, whioh would
properly make Ohio l iiot uuardiauof the rights
of Iff citizeus of the Union
Tbat Congress did not regard Its Jurisdiction
of the crime of treason exclusive. 1 evident
front the flrtt Federal law ou that subjeot, pass
ed April au, Tbat law denounced a pen
alty of aeveu years' imprisonment, and a fine
of one thousand dollarf, against any person who,
Knowing toe existence 01 any treasonable design
ayainst tbe Government, sball not, aa soon as
may be, inform tbe President of tbe United
S'ates or one of tbe Judges thereof or Ike
I'reidtnt or Governor of 1 articular State or
seme one of the Judge or Ju'ticti thereof. By
tms section, tbe tiivcutive snd Judicial depart-
nieu' of tbe state Governments are expressly
deolared associated with tbe Federal Govern
ment tn punishing the orime of treason. With
such an admission, from such a source, It will
be difficult to show tbat a similar participation
of a Sttte Legislature in tbe same important
matter ean be regarded unconstitutional, from
these authorities, tbe Federal and StatetConeti-
toticna, Judicial Decisions, Law of Itbe Gener
al Government, and of , almost all tb States
we are justified in tbe conclusion tbat tbls bill
is clearly within tbe scope of tbe constitutional
authority ot tbe Uenerai Assembly.
11. mat the public welfare requires sucb a
law can hardly be questioned. A measure
which the Federal Constitution and law clear
ly foreshadow, which tbe Constitution of Ohio
anticipates, which the precedent of almost ev
ery other State ia tbe Union, and Ohio, herself,
for tbirty-six years, ssnction, would be wise snd
A . ,1 i 1 j r.. 1 1 j
pruueua ai auy aiuie, uu wuuiu imij uumueuu
ltseu to tne wisaom 01 our people
' It should at any time startle ns, that ell the
otto of dielomlty and treachery enumerated in
thie bill may be cemmitttd againot the State of
Ono, ana yet euvieet the "ffenatr to no other
charge than treepaet, or mmljeatante in office.
Shall Ohio visit tbe extreme penalty of tbe law
upon the murderer of a citizen, and yet be pow
srless against bim who thall plot the ruin of tbe
. But if such a law is necessary at any time,
bow much more ao is it at a time like this?
when citizens of several State, without color of
law, are seizing tbe property of tbe United
8tatea, and turning the guns of the Federation
against merchant vessels In tbe petoeful pursuit
of-commorce when hastily called Conventions
are declaring the' bond of tbe Union severed,
and are raising armies to resist tha execution'
of tbe national laws when Northern arsenals
have, been stripped of their contents, and the
arms, , manufactured for the defense of the
Union, sold or betrayed to ita moat treacherous
i enemies when tbe insane spirit of secession is
threatening to break np all tbe foundations of
social and national earety, and utterly disinteg
rate and demoralize our government when, a
now, war i not only imminent, out actntuy
upon u when tbe Chief Executi ve of tbe na
tion bas called upon tbe loyal State to stand
by tbe Union, and fight for Its existence and In
tegrity when all these startling events are
transpiring, it becomes Ohio to strengthen every
bond that binds ber cltisena to herself, and her
self to tbe Union. There may, perhaps, be
within ber own borders, reckless men who will
sympathise with treason and traitors, and who
will resist aoy attempt 10 maiotaio tne aignity
and supremacy of law. The palpable reasons
for tbe paessge of this bill are tenfold stronger
to dsy tbsn tbey were two months sgo, when it
was Introduced into tne oenate.
It 1 bigb time for Obio to enact a law to
meet treachery when it shall take the form of
an overt aot to provide that when her soldiers
go forth to maintain the Uoloo, there shall be
no treaenerous mc iu tne rear.
It is time lor Obio to declare to all ber citi
zens and to all ber sister States, tbat tbe pros
psrlty of tbe Union is nsr prosperity its mends
ber. friends, its enemies ber enemies, its
honor her honor, It destiny her destiny, and
whoso stilkes a blow at ita life strike also ai
Your committee would, therefore, earnestly
recommend the passage ot tbls bin.
Kespectruiiv submitted,
April 15, 1861. J. A. GARFIELD.
i Mr. 6CHLEICH, from tbe Judiciary com
mittee, recommended tbe passags of 8. B 294
Relating to tbe powers and dotiee of tbe
county commissioners of r airfield, ferry sd
flocking counties- - The Din passed.
! Mr CUPPY, from the select committee, re
ported back H. B No. Coooerning tbe Ire
ductiou of Mutual Insurance cotnpauleo from
20 000 to $14,000 Tbe committee made no
tecum meodatloo, and Mr. Key moved to post
pone it Indefinitely - Agreed to.
A communication waarecei red from tbe Gov
eroor. witb a copy of tbe Treasurer's and
CoPMbtroller'e reports, relatlvejio th condition of
the Treasury of Obio, rehruary itdtb, Icbl
Kepoitslaid on tb taoi for printing.
Mcasaoct rsox thb boosi.
S B 141 -To provide ga for lighting tb
Penitent! try, ate., aa amended by tbe House,
was referred to tbe committee on Peniten-
llary , ,
House Joint Resolution 129-Relativ to In
ves'tigation ot the Publio W-iiks, wat referred
to the oommitt'ee on Publio Works.
; House bill Aid, aa amended by tbe House, wat
relerred to the Judleiary committee.
. Mr. SPRAGUE, on lee, presented a re
monstrance, Irom member ol tb Noble eounty
bar, sgaiost reducing tb number of Common
Heat judge in tbe o n juoioiai oisirict. -
Mr. KEY conved that tbe militia appropria
tion bill (No. 297 J be made tbe special rder of
tb dsy I I ten o'clock It -morrow.
' Agreed to Boaniuoualy. ,
' -- m asirr-rtl ot TIB wholb.
i 6a motion of Mr. CUPPY,tbe8eoatereolv
d lteell low Com route of tb Wnoi. 00 tb
order of tbe diy, Mr. Cuppy In tb cbalr, and
tier tooi nine eol thereto, roe aod reported
back the following bids, some with aod aome
Ithout ateiidmeo', V'Z 1
; 8 B S9ll-Re'errd w Temperance commit
tee; H. B 471, 464 and 453, to Judiciary com
miuet ; 457 'b committee ou Road and High
aj; at,d 444 to tb oommltie on Municipal
C irporatliins- ' ' ' '
, Mr. COX Introduced 8. B 299-For tbe pre
servation of th publio peace. It 1 delgud
lu core tfnclemly provide against nobs, in
tjoU, tftaj- , v " ' '
I Tbe Senate adjourned. 1 v", ,"'' . '
MONDAY, April 15, 1861.
1 0a motion of Mr. HITCHCOCK, tb House
resolved Itself Into committee of tbe Wbole,
Mr..Vori loth chair, on tb special order of
the day, the general appropriation bill. "
' After soms tint speul in tb consideration
thereof, tbe committee rose, reported progress,
and asked leave to tit again
; Jj7h Governor communicated th following
messafe, which, wat read at the Clerk's dsek,
and ordered to b printed In advance of other
printings :
T the General Aeecmbly of OAisfV' V,"VP
It cannot be loneer dUsuired that thsBouthern
States, which now wage war upon; the Govern,
ment of the United States, began in the seizure
of the National fortresses, arsenal, ships,
money and other property, and culminating in
armed resistance to the Government, furnishing
supplies to thefamishlnggarrlsouat Ft Sumter,
nave Deen, through tbe leaders, whose instru
mentality brought about that lesue,'1 constantly
conspiring against the integrity and 'peace of
ins union, by dissolving tbe compacts ana long
established precedent, which settled the right
of the Government over ita Territories, and thus
contriving to subjeot tbem to State domination."
la botb aspeots, It is a war ot conquest on tb
part of th malcontents in th South, to spread
the dominion of slavery where ' it fhafl been
prohibited by law, sanctioned by thu common
consent of all sections ol the country during sue-
oesslve generations. -.; r'.' - r
Camus to acoomniisn in is, even who toe aia
of faithless agents brought nnder their control
in tbe several departments 01 toe uenerat vsor
ernment. who could not defeat the law of na
ture. these dangerous confederates . against all
constitutional government, bave .taken the
sword in band to conauer and partition the coun
try. Aided by tbe treason ot bigb oiuolals in
tbe administration ol Mr. Buchanan, tbey have
already seized msny of the most important bul
warks erected by the Uuited eta'es to secure
the commerce aud protect the shores, and the
wbole iuteriorol the eouutry from invasion. This
armed f.-outier, which cost tbe nation more since
the establishment of its Independence than tbe
war wntob achieved It, is necessary ' alike to
every portion of tbe Republic. . Charleston and
tbe barbor, io commanded ' by tbe Forts
built by the Uuited States, was twice conquered
by tbecoule leracy from lt)e British While in tbe
bands ot aforei n power, it was tne oasis 01 mm
tart operations against the northern states affect
log even the remotest. Can the government
ol the Uuited States relinquish this position to
tbe petty power now assuming a mock sover
eignty over it and the adjacent seas, without
subjecting its commerce aud tbe whole Interior
of tbe country to the mercy of any formidable
enemy it might introduce as an ally against
tbe Uoiou, or which mtgnl acquire a mastery
therein auy other model Must all the other
nlaces of etreuittb along tb coast, from tbe
Chesapeake Bay to the Rio Grande, wbioh tbe
Unlteu Slates bas made to frown with i for
tressed aud bristle with its caonon to repel in
vasiou and affright pirates, and baa Illuminated
with light-bouses to point out tbe paths to com1
merce must all these places be surrendered to
the seceding States, to pass into tbe band of
aoy loreirfu nation which may supplant tbeir
power? If so, tbe slave States, in commanding
tbe avenues of commerce from tbe vast interior
States ol the North and West to the Ocean,
must subject them as conquered provinces. .'
What is to be ibe condition of Ohio and all
ber sister States iu the Mississippi valley if tbe
slave States are to give law ou tbe lower mis
sisbiool 1 Seces-lou, tbe seizure and appropria
lion of all that belongs to tbe United States io
tbe seceding States, and tbe usurpation of all
sovereign rights over the adjacent seat and the
navigable streams aud other avenues of com
merce in tbat section 01 toe union, mane aeon
auest which strips tbe interior of its Indepen
dence, and tbe Government of the United States
of tbe national attributes couferred by tbe Con
stitution to maintain it, and all tbe interests of
the continent committed to its charge.
I rejoice to be able to assure you tbat tbe Ex
ecutive power installed at the Capital ia resolv
ed to repel this attempt at conquest. It will as
tert all the rights couferred by the Constitu
tion, by all the power with wblob it invests tbe
Government. Tbe most vigorous measure
will be taken to resume tbe authority of the
United States over the places from which it has
been expelled; and I cannot doubt but tbat the
stream which floats tbe oommerce of the regions
between the Rocky moirhtains aud the Allegha
niee will be rjpon delivered by the General Gov
ernment from the .assumed sovereignty which
the State purchafra. fronv l rsnce now assert
over it. But as tie) oontest may grow to great
er dimensions than' is now anticipated, I deem
it my duty to recommend to tbe General Assem
bly of this State to make provision proportioned
to its means to assist the National authorities
in restoring the integrity and strength of the
Union in all its amplitude, as the only means of
recovering the rights of ell tha States, and as
suring the permanent peace and' proeperltyof
tbe wbole country. . mouv.-- ,
I earnestly recommend, also, tbat an appro
priation of not less than four hundred and fif
ty thousand dollars be immediately made, for tbe
purohase of arms and equipments for tbe use of
tbe voiuoteer munis 01 toe otate. . ..
I need not remind you of the pressing exleen
ey for the prompt organitttion and arming of
the military force of tbe Stale.
Accompanying this communication, yon will
find a,t tttement of the Quarter-Master-General,
relative to tbe condition ot the arms. -
Columbus, April 15, 1861.
To Hie ExcTlltncy, William Denniton,
Governor and Commandcr-in-ChUf; ,
6ib: I bave th honor herewith to submit es
timates for arming irjopf, as per your directions
predicated upon an expenditure of four bun
dred and fifty thousand dollars, vlx:
Estimate or cost of arming 1.U0U cavalry,
920 artillery, and 17,000 infantry, allowing for
the serviceable arms owned by the State, lit for
troops on a war footing: ' - ; .-r - ; .
VO 1,000 CaTALBT.
1,000 Sharp's carbines at "0 2J. .M,250 00 '
l.miOGolt'aholslerplstolslU Oil.. UOOOOO n '
7W Beg. cavalry sabrei BSD.. 8.7ST SO
705 setts do equipment! 8 40.. 4,gri8O0
1,0110 do. bona equipages 3 00. . 39,000 00 $ 105,285 50
roa (20 akTiLisav. :''
for rep'rs on an cannon at ear'ges 1 OPO fO '
!JU Calsons at $36 Oil 7,730 HO
B Battery wagons at t774 00.... 8,1113 00
8 Traveling forges at 1 41776... 3 3fiO0
S4 Setts wheel barnesi at o7 35 4 3"4 00
17d Setts lead harness at M 25.. 4.377 00
800 80 -horse artillery sabres ft 20 4,377 0J
0,671 00
roa 17,000 mraSTkT, t)
18,100 Bin Baskets at 113 92. .U24.J74 00
18.100 geiulnf'try equlp'is 14 0-i M'tlW
SStil Hoo-cnmmissloned officers'
and musicians' swur is. . 13 030 30 302.031 30
Total 1443,08180
Tbe above estimates are predicated 'upon the
prices furoiabed by tbe Ordinance Department
tt Washington. '
To place this number of troopi la the field, to
mount the cavalry, provide horses for the artil
larv and baggage train, to furnish eamp equip
aae. id Wuuld reaulre turn at least equal to
r ' . d " -,r..ii. ...u: i
Mr. WOOD3,frora the seleot committee to
whom was reierred d. B. For the proteo
Hon of birds aod small game,' reported the tame
back with suuory amenumeoU,, which was laiJ
nn tha table
Mr ROBINSON moved that the message of
tbe Goverunr jui tead be token from tbe table.
wbtob waa agreed to, wbea . .- i
Mr. ROBIN SON movrad that it be referred to
tbecommlitee oo Finance, with luatrustions t
report a bill In accordance ellb lit recommend,
tlofJS '"' i; ..v !. t- . i. -it .
Mr. ANDREWS suggested that, If tbeobjeot
was lor ibe cuoimutse to report a bin, a bin b
reported at once, without the trouble of a refer
trjCO. tt. y.i I , . 1 ' I 't ', ,
Mr. NIGH objected totbisbastyaeioo. The
sum sugges ed iu the message was So large tbat
It was proper, io bt oplutoh, to - tax time, aod
11 tb oaeaesg go to lb. printer, and 'take Ita
uul Course - '.' f -r-j-n
On eiLSultaiioo, Mr. ROB. NS3N. withdrew
tae tuotiou io ie er. - a -. t.t
Mr. BLMLttoLKhi said ne bad Bo Ob eettfin
to tbe priutlog or reitiei.ee of the snesage,'ifft
would not produce soy dalay in our action
did not know what were tb view oi tb m
b ou tbe floor, an f tai thef t ban be h d gal
ed tbem from ob-e-vatioi'iS he bad beard ou
sideot tb s ball From wbirt be, bad bsaid, b
was prepared to see eipies.lon ol Out Ou
opinion He Judged from hit dwu felltigi; and
tbe eipresiiooii of others, that wwertlrftllrd
to forget all petty part d silnctluns-'and pre-t
judicss, aod to unit in putting into tbe bandl
of tb executive of out Stt the mean to sus
tain tb General Government ia tbis it hour of
trial. He anticipated a heart response to this
eail of tbe Governor, on the, part 0? tbltj 'House,
tbat shall abotv tbat Obio hasoue heart and one
voice, and that she will sustain tbe honor, and
Integrlty.and unity of tbe nation.' ' '' '.," " .
This is no party question. It it a question
of the right of tbe majority to rule a question
wneiner tbe people shall govern, tueruaciycs, in
fact a question ol pur existence ss t natibn, No
one eould tell hew soon.Olii :tuiKht jtt oalljsd
noon to sustain the General Governmentagalnst
usurpation and rbllloh,:aod it wat necessary
to au&Orlit an agent to forthwith -make a pur-:
cliasepf aru to make eur assistance of any,
avalr, and lis hoped an appropriation would be.
Immediately made In response to this oall pf dur
executive to the full extent which he asks, i He
believed every one understood tbe i message
without a second reading, and for one be was
prepared te eel without any further delay..
Mr. DEVORE replied that it was very natu
ral for men to suppose everybody thinks as they
do. But be did not view this in the patriotic
light that other gentlemen did. Thie Is not a
mere measure of defense. It is a proposition
te arm the neoole for deadly oonllict with their
fellowaoouatrymen "and their brothers, i Not
Agreed, not agreed, from several voices J
ir. MUS3UN Whose brethren 1. 1
Mr.DEVORE Our brothers, with whom we
should live In peso, and for which petce we
should b willing to mak sacrifices. , II was
tor Mm and deliberate action.' He was tor con
ciliation' and compromise; and he desired tbat
we take time to consider what we proposed to
do; and be, would let tbe message go to the
printer ana take tne nsnai course.--.,! c
. As it was understood that a bill bad been In
troduced In the Senate, the message was referred.-
,' . . ".-. .N '.
Mr. SLUSSER, from the Select eom mil tee
to whom was referred H B. 451 To discon
tinue the Asylum for Idiots, reported the same
baok, and recommended toat the bljl be eu-grossed-
.- .--; .'.- ' ', '
Mr. BbUSSKK. explained the ooteotsoi the
bill, and advocated ita passage.' He was dis
posed to regarrT-the Institution as having failed
to acoomplieb the benevolent objects in view
He thought tbe experience or ibis rountry and
the world justified the coooluou that it was a
lailure He tbongbt tbat tbe demands of ne-
oevolence In tbe other channels opemd hy the
Stat war mora pressing and more deeerving
than this school; and tbat we cm do better lur
tbe relief of the suffering, by concentrating our
eff rru upon them. :
, i Mr. COX replied and opposed tbe bill. He
referred to tbe statistics of tbe inttituiion toi
show tbat it had ooat but little - not more thau
what tbe other institutions had eost, when they
were but experiments. He referred also to
reports of like sobools in other States. He eaid
there bad been real Improvement in the pupils
of our own schools, soffloient to pay well lor all
the effort and expense invested Id it. - He cited
many ease where the improvement bad been
so great, that children ot tbe most hopeless ap
pearance had been taught to tead and write It
was true tbat tbey could be taugbt at borne; out
tbe time and eapaoity to teach 1 bem is eo gener
ally wanting, that tbe publio school for theta is
a necessity that we should not hesitate to pro
vide. He particularized .isveral ol the cn-es
tbat bad bsen treated in our ins.ituii'u,s man
ifest instances of success.
.- Mr. HILLS did out wish bit opposition (0 tbe
continuance of this institution to be mircon
sirued. Hit objeotion to it was that it did not
psv. it did not yield an amount ot good pro
portioned to tbe return of Improvement. He
did not object to the education ol idiots; but he
thought it could be done better iu connection
with tne Reform Farm cr some euch ec'ioul
There bas not been enouqh done in this co"cern
to amount to anything- He thought it was in
justice to tbe great masa of that olass through
out tbe State, to expend so much upon, the few
receiving the benefits of this school. ' " ' '
Mr. STEDMAN said that be bad been pre
judiced agitinst tbis institution, and bud rather
felt opposed to It. Being appointed on a com
mittee to look into tbe matter, bo bad privately
visited tbe school, and seen lor bimseit,and
what be bad teen bad convince! him that it
waa a success. It was to be expected that tbe
education of these childreu would coat more
than others. It was right and proper, theu,
tbat tbey should be cared lor as tbe more favor
ed 1 and therefore he waa. for continuing the
Mr.bCOTT, of Jefferson, regarded it as
proper question whether . money might not be
better applied in other works ot benevolence.
Mr. a. r el erred to the pnieyoiogicai condition 01
idiott, and presented the difficulties ot their ed
ucation, and cited, sundry facts In point. He
oonoluded with a motion to lay the subject on the
table, which waa agreed to.
li. B 481 concerning the relation 01 guar
dian and ward, waa set for a third reading to
morrow. v'
The House then adjourned.
TUESDAY, April 16, A. M. 1861.
' 8. B. No. 297: "A bill to orovlde for the rln
fence of th State, and for the support of the
Federal Governmentagalnst rebellion," being
th ipeoiai order lor ten o'clock, it was taken
fi-om tb table, when, on motion of Mr. STANe
LEY, a call of the Senate was bad, after whicb
the call wat suspended.
' On motion of Mr. STANLEY, Sec. 2 wss
amended so aa to read, viz:
Sio. 2. That there be. and hereby Is "appro
priated tbe further tarn of $500,000 to be ex
pended nnder the direction and authority of the
Governor, for carrying into effoot eny requisi
tion of the President of the United Statrj to
protect the Federal Government." - : '
. Agreed to unanimously. , . .
The bill wm ordered unanimously to be read
a third time, and it wat read, when it was put
Upon It passag.
Mr. ORR said, before tbe bill should, be put
upon Its final passage, be wished to make lew
remarks, and being unwell, he would take the
liberty of reading bit opinion from manuscript.
He proceeded to read as follows:
: Ma. Pbbsidbnt: Before tbe final vote be ta
ken upon this bill, I wish to state my position
upon it at briefly at possible. We are now
oommenoiog a business whioh our wisest men
and statesmen are unable to - comprehend.
Whilst we are about to austaio tho government
of the United States, in conformity witbwhat we
oonoeive to be our duty under our several uaihs
of office, we are Inaugurating a pollor whicb
must Inevitably lead to olvll war of a olisraoter
perhaps unknown to the history of tbe civilized
world. One wblcb may and must have bogin
ning.bnt its end tbe wisdom of none can foretell
After Usbattlet shall have been fonghty ar,d lit
vlctorieson either side shall bare been won, mil
lions of lives shall have been lost, and hun
dreds of millions of money expended, aod tors
of thousands of widows and orphans Ic't as its
legacy to those who may oom after us, wbat
theo, sir, will be our eltuatiool
Hav we then ooquered, not tbe enemies
our Constitution, but tbe enemies of a polio
which, whether wisely or unwisely, tbey were
taught to believe wat at war witb their dearest
Interest and lb plain teachings of tbe great
caarter nnder which we have lived so long
peace, aud have grown to eucb magnificent pro
portions, A goveromsnl that b-a challenged
tbe admiration ot tbeoivilized world, tbaihaa
held out tbe highest hopes to tbe oppressed
ail nations, and caused the heart t.r tb good
man to leap w lib Joji for be saw In it the re
demption of mankind from political aud reh
glous thraldom. Then, sir, we shall bave gam
ed the loss to which 1 bav referred; we aball
bave gained tbe bitter eurses, tbe unrelentine
bate, of those who bsive hitherto stood side by
side aod shoulder to shoulder with us in tbe great
cause or human freedom ana oumn progress
Tbe Constitu lon will be tben,enow,tDe play
thing of taction and folly.
I have taed baretofor Wbat I believed to
tbe Otase ot tV ills lu my place in this ohambtr,
out at this terrible oriel rball not allude to
exoepi to aay, tbat tbe Republican piny, t
oalled, It responsible lor it, before God aud ibe
civilized world. Tbe Uulou Is now gone, the
preatig and power of ml ones mighty n.tiou
r gun our lamily isd eined, auo Spaloiug,
rrcpared Ulu oon a not b ud t dieeevi red tg.
ment together 1 Vote for mi bill, beciuee
disoelisv lu tbe dsoliine of seoerelou. I ?uie
lor It oeoeus I bave taken au oatu to support
lb Constitution ot tbe United States, fiutl o
esuse 1 believe It to he th duty of -every good
ointro to sustain th Cooslliutlou and la ol
bl country aud tbeG overumeul under wbicb be
liv. : . .: t a. .
j Mr. KEY rote with deep emotion sod ad
dressed luuit-elf to tbe oouditl' n of thd eouutry,
sadly deploring tbe impending ealatnit) of oinl
war and deprecating lu horrible Uakures, but
deolarioa? that h wood by lb declaration of
tb General Assembly on tb 12ib of January,
pledging th moral aod physical resources ol
Ohio for th deleno of th Federal Govern
ment, whenever necessary, nd under strict
subordination to the civil authority. ' He said,
"I propose with my prison and with my prop
erty, aud with my suffrage at an elector, to sup
port tbe laws and Constitution of my country."
, Bat Mr KEY'S remarks will be written out
apd published In full the object of tbisabstraot
being merely to exhibit his poaition RirosTt
i I Ue believed thai tb present condition oftlis
eouutry justified the measure now before the
Senate. HbHevd It th solemn duty of tho
General Assembly to arm tbe State. It le our
duty to protect our Btate, against even the
probability of invasion. The requisition of the
President of the United States must be obeyed.
It is strictly within constitutional limits, and we
rare bound by every sanction of duty and obliga
tion to our common country.
.. . M. KEY regretted that his duty compelled
him to say something that might hurt tbe feel- '
lugs of tbe majority on this floor, who had al
ways treated bim to kindlr, but he wss constrain,
ed to lay he thought tbis administration might
not only have avoided this war wth honor, but
it might have maintilued pesos with boner.
He anticipated the most dreadful result from
the war, and be protested against the exeroise -of
power, which may be arrogated by the Gov
ernment, of carrying a war ol conquest Into tbe
luaurgent mates. -
1 Mr. GARFIELD said, with respect to tbe first
half of Mr Key's remarks, that they bad given
bim a pleasure be bad never enjoyed from tbe
Bpeech ol soy man. He sympathized with their
sentiments lullj. , Ho as deeply deprecated tbe
condition of the country as human heart could
do. But be did hope that this morning no word
could bave been spoken Inconsistent with the
emergency. He felt tbat he oould retort that
bad the late administration done it duty, w
should have been preserved from this hour of
peril. Had the Senator stopped when be bad
described the horrors of war, and dlsoou.-eed so '
eloquently upon our duty as citizens, there bad
beeu do need of more. But when he proceeded
to pay a tribute to party, and to protest against
the retaking of tbe lort-, be felt that he bad re
traded what he bad ut first said Would the
Senator say tbat tbe forts which bave been
taken shall not be retaken? Would he say tbat
if Waahtugton is takeu it- shall not be retaken?
X el be protest that the President sball not ex
ercise the power to rcuke the otptured forts.
Mr. GARFIELD proceeded to ahow tbat tbe
insurgeut Statea had struck the first blow, and
had begun tbe war, ind o mtioued to arraign the
seceded States for rebellion anil treason to the
Federal Government. He would Dot onen the
books, and reler the Senator to the traitors in
the late Cabinet; nor wuud he, at an hour like -
this, open tho books, auJ read tbe Senator a les
son of humiliation and sadness. Hewould vote
or this oi 1 1 , nut simply because it is constitution-
al, but because we are bound by all tbe obliga
tions Ot duty aud patriotism, bv ftnmmnn h.va
of our homes and country, to defend and proteot
our country and our country's flig. ln conolu.
slun, lieagam deprecated the introduction of per.
iu net,, nuu t-iurrttflt-u ois Dener that tbe
o untry would be nuully restored to peace and
happiness. ,
Mr MOORE said he was called unon India.
charge tbe mol painful duty of bU life. Hit
breast bad swelled witb emotions too deep for
Utterance. We are oilled unon to vnta men
and money to fight wlmt7 Not a foreign ene
my, but our own brethren I have done every
thing I could do, as an individual, to avert, this
calamity. I may have erred in judgment. Bet
tbe crisis is upon us. We have but one duty to
perform If need be to u-t&in the cloilous old
flig of our country, we will battle to tbe death.
(Cries of Good, Good)
1 be question recurring unon tbe nnssaea
of the bill, it wss ptssed by the following vole
yeas 31, nays 1.
-1 nose who voted In the siUrmstive were
Messrs. Brcck, Brewer, Bonar, Collins. Cox,
Cuppy, Cummins. Eason. Fereneon. Fiaher.
Foster, Garfield, Glass, Harrison, Harsh, Jones,
Key, Liiekej, Monroe, Moore, MorBe, Orr,
Parish, Pcrrill, Potwio, Ready, Schleioh, Smith,
Sprague.Stauley and Wbite3l.
loose who voted in the negative were Mra '
Newman. 1.
Absent Messrs. Holmes. McCall and Pott.
On motion of Mr. COX, tbe Senito took a
TUESDAY, April 16, 1861.
Prayer by ReT. Mr. CIspp.
. Tbe following bills were icad a second time
and referred.
, II. B. 434 Supplementary to an act regulat
ing descents and tbe distribution of pertoual es
tates, passed March 14, 1853. Select committee
of three Baldwin, Plants and Woods.
II. B. 485 To provide for surveys of mine
In certain cases. Select committee of three
Baldwin, Nigb and Converse, i
H. B. 456, by Mr. BALDWIN To provide
for the payment of tbe State debt, wat read a
third time, when
Mr. BALDWIN explained the objecta of tbe
bill, aod alluded to tbe possible increase of our
publio debt, and showed the advantage tbe State
credi t would derive from the existence of a law .
providing for.the payment of the indebtedness
of the State. He urged tbo Importance of an
early extinction of the debt, and hoped the bill
would pans.
Mr. KRUM regarded this as a most important
tUbieCt. Slid One WOrth Kmklnir Intn. ITa via
opposed to tbe enacting of this bill into a law,
not because in any degree be was opposed to
tbe payment ot the debt itself; but since the ,
publio debt had been created mainly In the ereo
tion of tho Publio Works, It was but just that
those who.berealter are to derive a benefit from
them, should assist In the payment. Besides, SB :
a mutter of economy, while money la worth
more than six per Cent , It would not be good
policy to levy a heavy tax to pay off a debt, Ihe
interest on which ia only six per oent., and be
low tbat rate on a large portion of it.
Tbe voto was called on tbe passage of tbe
bill, when It failed to pa9s yeas 21, nays 69.
Mr RODGER3 moved that the votejmt ta
ken be reconsidered, aod raovod that the motion
be laid on tbe table, which motion wat agreed -to.
Mr BALDWIN then moved that tho reeoo-
Btuerttioo be postponed till Friday next, whicb
was agreed to yeas 41, nays 33.
II. B. 473 To authorize the commissioners
of Montgomery counlv to build a brlilp-a acroaa
tiip great Miami at Dayton was read a third
lime, when
, n , n n n rr. m . , ... .
iur. r a nitu i i explained mo Object ot toe
bill, snd tbe necessity of tbe Improvement.
- The bill was then pissed yeas 63, nays 9.
11 B. 436 To erect the township of Mus
kingum, io Washington county waa read a '
third time, when
Mr. HADDOW made a statement of the
general wish ot tbe peoolo of the proposed new
township, that it should'be established, and tbat
he knew of no opposition.
.The bill was then peaaed yest 66, naya 3. .
II. B 474, by Mr HILLS-To amend an aot
f'providlug for recording, printing and distribute
Mug tbejouinall of lh Geotrral At-sembly,and tbe
laws aud publio documents 'was read a third
time, wheu
Mr HILLS explained that tbis bill wss to
dispense witb tbe re collection of the expense
ol tniif porting tbe journals aod documents from
the Siate Treasury by tbe countiet where It It
. ... .i - -
ut w UI.IIJ. - r
Mr BALDWIN further explained and tufa
porud tbe bill.
The vote nvaacilled on it passage, which re
runed jess ob, najs U.
. Tbe House then took a recess.
' IU All should read Pro). Wood't advertise-
tneui lu auoiber column.
lurur unicDTicciuiFMTC
AOKM MiTlt.y WisHtl T OB
lain a Sltu.i-n as BOOK KfcKPEU ar
Wl.li'lK- Will ia. m-iiwaes. Ihs ba.l of rof
stances lvn. aidre-s eKtla iIAK I),, at this ttfflcn
April lu-dltpd
wi h me. In to Orocer, business. Mr ADAM
N.IlWaNDtK. Th business will hereafter b con
doc en undrr the arm name o Drnms NauwasPia, at
the Old Bland, No. 8 North tllgi, si. tat
- .. MbUNtU -
Columbus, April 10, 1861 aprllidlw .
HAViivq. mis day. "OLD "n
sii,i .inrf. t Mr il. H. DEMlNti. w cheer
fully reuommud bun to our old patrons nd frlnd.
Columhns, Marrhlhllh.lHU. apl-dtf.
i ' Orrie-8 or OoumBtm Oa Lioiit St Cobb Oo.i
I ., Oolombi. Omo, prll 11, JoOl.. , ,
Thb AmfiWAi. Bin:nino r Tub f
ttockholilera of Ihls Company will be held at their
. rtl,i,. n MflNDlV etna a,. I
vuioe.iu ma vij M r , , i, " . -u .
vmt-vw - . . - - ....... i., .
apll-dtd , W. it- MILLS, Beorelary. '
packages of 8TATIONBKY and JBWKI.BY, at ,
prices ona-Uilrd less thad can be purchased elstWhre t .
t . .lam n anftln.iill .1 r. n a I r.K V V. ' -1
Ut Court St.. Boston, klaSS. ' suuxh Bd:tUaa, -

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