New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-08-05
STpPBE5sION OF lNSURRECTlCN.
Mr. Bakers Reply to If. Bre,ElnidSe'
IL SryArE. Angast ]. 1851,

elu3ej his remarkg I'D ON0ehioh =" ~
Baker 81 oke as follows
AFR BAKrR-Mr. Presidert, II has not Oeeh ~
fortune 10 rartieioata in ~ any le0Sth, IuossI
n in hear very much of the clatN,aIol "" -
bca beeu going or--more t.ink in the ma. 20 80
tie Senator from Ke 'turky thsh a'yuoi% sLis
upon al tho proF9H,loLs &c .~ "a he can, ava
whr aud a. 1 really feel as "a, 0ie't 81 of +'e
eotprst desre 10 Irsc 80 tie Coi-t-.',t'' S.-,t
Uri,sd States for eyeJybo y, S"n'h az w.. ~, bgs
have listened for some .'ile time W. w. mint Of
,ail with an earnest dsire 70 alre.eu1 e.u ,iy
nj obie5tion 20 tbs particular BILL Ana nov, -
ing what think IL the elegant 1pt ig9'e u ,; n
In which be chooses % intu'<s-l we i. 20 Conrte-
nv habitua respect for him Tor NOBODY ~ E ,iIl no
,u and more eentlemarlv}tO ak hln i le ~
kind eu0u m - tell what siT8le par C,sti
there il in Ills t whighls ID NoiIIt oC, sworn TO
tniion of the Uried states wli'n hGvy I'm
snr,"rt-o one distinct single proposition IL toe ,iu.
" TaTcKTNrrDGE-I viii state, IN Gsneiu ,Gl"s'
that every ore Of them is IN NY % 49,. Set, no
unless il NAV b. the las. VIII tehe VIC "7a'O ''
Nr. BtKrrEPick out that one which IL In your
Judgment most clearly So: -, ..-; -,
aorallv ai-ocious thar dislike to discriminate VIII
send the Senator tho bill, and tell him that every
section ex1elt the last, in my opiulon v,oiat we
Constitution If the Unled States ana 81 lh'' "S'
section | express no opinion.
Mr. BAKER-I had hoped that that respectful sug-
eeson 70 the Senator would enable Inn TO point OUT
to me one in bis Judgment most clearly 80, ior 'Dey
are not all alike-thcy are not equally afroclcus.
Mr. BRFCKINRmGE-Nery nearly. There are ten OF
tbem. TIE Senator can select which he plesses.
hr BAKEE-Let me tiy taen, If mu,t geneTalize
AS The Senator does 10 if con get TIE scope ana
meaning of this bil. Il is bill providing that the
President Of the United Statess may declare, by proca
nation in cert ia sven STAKE Of fact, certain terri
tory within the United States e. be IN condition. OF
ins1ueetion and war; which PROCLAMATION shall be
extensively published wihin the district 70 wmth
relates. That is the fret proposition. l ask han y
that is UNCONSTITUTIONAL That is plaln question ls
il unconstitutional to give power 10 the President 70
aeCl are portion Of the territory Of the Uni'ed States
in state Of instruction or rebellion lie viii no
dase 10 Say IL L.
from Oregon is a very alroi batter and he discovers
of coms e. the great advantage he would have II were
70 allow him, occupying the floor, 10 as me series OF
questions aud then have bis own riicisrs made or
them When he has closed his speech, II deem 10
Necessary, may make some reply. =. present. row
ever, l will answer that question. Inc state OF III
pois, believe is military districts the safe OF Men
tucly is a military district. In my Judgment, the
President has no authority, and, IN my Judgment, Con-
gress hiss no right to confer upon the President athoi
ity to Dc are State in condition OF insurfecilon ~
Mir. BARFR-Iu the first Place, the III does 10. say
word about States. That is tue first answer.
Mr.. BREcKlNRIDGE-DOes no. tie Senator snow III
fact. that those States compose military 9l'tricls II
might az well have said States as 10 describe what
Mr. BAKrR-I do; aad that is the reason why
sugqest 10 the honorable Senator that this criticism
aro1t states does not mean anything all That is
tle yery point The objection certainly onght not TO
he that he can de late part of Stare IN usUIreCHon
ana not tie whole il. IL point Of fact, the Coneti-
tnlion Of the United States, and the Congress OF the
United States acting upon - are no. treating OF SGte'
but OF the territory comprising the United States; and
aobmit once mo.e 70 his better Judgment that il can
not DC uncol suional 70 allow the President to de-
elarea county or par, OF county, OF Town or a
part of town, or part NJ Sta'e, or the Whoie OF
State or two States, or five States, in conoiuon Of
in.urfection il ia bis Judgment that be the fact That
is not wrong. the next place, Ii provides that that
being So the military cormaucer in thai district may
make and publish such police rules and regulations a.
no may deem necessary 10 suppress the rebellion
and restore order and preserve the lives and property
OF citizens. l submit to him, if the President Of the
United States has power, or ought 70 have power, %
suppress instruction and rebellion, is t1ee any better
way TO do It,, or is there any otheri The gentleman
says do it by the evil power. Look at the fact The
civil power is utterly overwhelmed; the courts are
eOsed the Judges baDshed. Is the Pretident not 70
execute the law Is he 70 do it 10 person or by his
military commanders Are they 10 do il with regula
tioa or without ii That is the only question: Mr..
President tho honorable Senator SAYS there is state
eiwar. The Senator from Vermont agrees with him;
rather, he agrees with the Senator from Vermont 10
that. What then Tdere s state OF public war;
none the less because il is urged from the other
side; not the less because is unjust not the less
because II is a Of insurrect) IN and rebellion
It is still war; and willing to say il Is
public war-pubGc c)ntIadistnguished from
private war; What thenl Shall we carry that
on ! l. il bis duty a Senator to carryit on
Nso, howl BY armies under command; by military
Organization and authority advancing 10 sippress Ia
surrecti0n aud rebellion. Is that wrong Il that
unconstitutional Are we not bound TO do with who
ever levies against Us, would do if he wac
foreigner There distinction as to the mode of
earring on war carry against an advanc
Ing army just the same whether it be from Russia or
from South Carolina. VIII the honorable Senator tell
10 ~ duty 70 stay here, within fifteen miles of
ths enemy seeking advance upon every hour and
talk about N questions Of Constitutional construction
AZ 10 whether u IL war merely insurrection No.
Sir Is IN duty 10 advance n we cam TO suppreks
insuTreeon; 70 put down rebellion; TO dissipatc the
rising; 10 scatter the eKtmy; aud when have done
30, " preserye, IN the terms Of the bill the liberty
lives and property of the people Of the country by
Just and fair police regulations. ask The Senator
from Indiana Mr.. Lanel when We took Monterey,
did we not do IL there When we took Mexico
did We not do IL there Is it not part q neces-
ssrY, al Indispensable part Of war itself that
there shall be military regulations over the country
conquered and held is that UNCONSTITUTIONAL think
was mere play Of words that Senator INDUCED
N wien he attempted to the Senator from New
York. did lot understaud the Senator from New
You 10 mean anything else stanally bur this that
TIE Constitution Geals generally with state of Ueace
and tna when war 10 declared it leaves the condition
OF pnbG afsis 10 be deter mined by the law Of war in
the country where the war exisIa In il true tbat he
Constitution OF the United states does adou, the Law
Of war az part Of the instrument selG during the
continuance Of war; The Constitution does moi nro
vide that spes shall be hung. Is il unconstitutional
10 hang spy There Is provision for il in terms
Ia The Constitution; bu nobody denies the night the
power, the justice. Why Because il il part OF the
law OF The Constitution doee not provide for The
exchange OF prisoners yet IL may he done under the
law OF war Indeed the Constitution does not pro-
vide that prisoner may be taken at all; yet bis cap
tivity i perfectly jut and constitutional 1t seems
70 me ihat TIE Senator does not will not take that
view Oh the subject. Again, Sir when military com
m.lder advances, as trust, if there are DO more I'M
ext ecs.d great reyeIses he viii advance, through
Virginia and occupies the country, there PERHAPS as