Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-07-12
b, nouer INA, |. mo-, the question. Il mu..

tiat power That is not the question. II must
be shown in the Constitution 10 be conferred upon
Conere-s But 20 show that we guarantee re
publican form Il Government viii not warrant "a
IN making such Government as We choose aad e.
tsbiishing that--it must be one already nude 10y
4 people of the State whichwe are 10 guarantee.
What. then, can Congress dot | answer. nothing
But the President. or his Generals acting under
his direction, after the rebellion j. subdued. can
preserve order by military rule until the old Gov
eminent resumes its wonted action. This Is a
military function, requiring military force, and Is
therefore peculiarly within the province OF the
General That Is my view Of Il. and am oppos
ed to establishing Provisional Governments I'M
les they are purely military in their character.
aid II that Is all this bill contemplates, 10 gives
the President no power that he has not now. be
Is bound to do the same thing now that he would
be bound to DO IL the bill should become a law
Tie has 10 hold the State by military occupation
and 10 preserve il by military rule until the loyal
people take possession OF the reins OF power
which the rebellion had put into other hands, or
obliged them 10 throw down.
Mr.. Howard do not wish to interrupt the
speech of the Senator from Pennsylvania, but /
was about to ask him question.
Mr.. COwan-Certainy.
Mr. Howard wish TO ask him what he would
do in case il should turn out that the rebe States
had no loyal people at alli How is he going to
govern them. and how are they going 10 govern
themselyesI
Mr.. Cowan-Wil the honorable Senator allow
me ask him that question: have stated dis
tinetly that unless contemplate conquest &c Is
one of the fundamental principles OF this Gov
eminent. of the fundamental principles OF
our policy that the people. the people OF "A State,
il you please, have right to form their own
Government; or in other words, il is the right
of revolution, il they can make II good. which
we have asserted, and which all freemen have
asserted for the last eighty years. Are Govern
ments to be perpetual; and If they are not where
is the power to change them, il not in the people2
BY what power did we determine in the Revolu
ton to sever the connection between this country
and Great Britainl Was it not because OF the
inherent virtue in the people. as set forth IN the
Declaration Of lndcpenGencel | never heard II
denied questioned: and to say now that that
power is not in the people is 10 say that this ex
pertinent Is a failure, Is To admit 10, Is To admit
that men have been lie ming upon broken reed.
Who has the right TO day under the Constitution
to make a Government tor North Carolina as
against the will OF the people OF North Carolina;
or for Michigan as against the will of the people
of MichieanI
Mr. Howard-Does the Senator wish an an
swerg
Mr. Cowan-Certaniy do
Mr. Howard-The United States of America
in Congress assembled have the right to make
that Government and enforce it.
Mr. Sumner--Beyond all question
Mr. Cowan-Then YOU must proceed against
them precisely as though you proceeded again st
a foreign State in case OF conquest, but that Is
not under the Constitution.
And this doctrine OF the right of conquest is
precisely the doctrine which was held by the Pan
lament and King of Great Britain in our Revo-
luton. Ii L. the doctrine which has been held
bs all tyrannies from the time the world began
that when government is once established there
is no right to change it; but we proclaimed the
right OF successful revolution from the first. IL
this Government becomes tyranny, how Is it TO
be changed. there is some such right OF resolu
ton somewhere! Mr.. President, | hold that this
war is a war Of rescue; for tie restoration of
,ower to the hands of the loyal people within the
rebellious States; and il Is not war Tor the sub
jugation or conquest of any State. To take 1t and
hold il as such. and never so intended. This
Congress soemnly and unanimously resolved that
il was not. aud it is too late now TO assert the
contrary doctrine. however convenient it may be.
Mr. Carle-Mr President. when the PROPOSE
ton first introduced into the Senate by the
Senator from Massachusetts, which take il gave
rise to this BILL it met with the universal condem-
nation, so far as am advised OF the eutire press
OF the country. liz is true the Senator from
Massachusetts,. with his usual bOldness and
frankness which no one admires more than do,
callel his proposition by the right name. He in
tended by that resolution to assert the power IN
Congress to reduce States OF this Union to ter
ritorlal condition.; and that is what will be effec-
ted " this bill. although it comes to under
the name of provisional governments. confess
| am surprised that as good constitutional law
yer we know the Senator from New York 10
be, should have contented himself with the argu
ment which he has addressed TO the Senate in Ia
vor OF this PROPOSITION. He derives the power
from the clause in the Constitution making the
United States the guaIantor for the States To Sc
cure To them republican form OF government
Perhaps no one in this Senate understands better
than the Senator from New York what is the
dertskng OF one who guarantees the performance
OF act He is not the principal; he does not
make the Government any more than thespar-
antee upon "A note makes the note. The Govern
ment is formed by the principal. The principal
in this case IL the people OF the States. They
have formed their government. There is not Il
single rebelhous State to-day that has not a
State government, and that State government n
republican form of government. as has been well
said, recognized by the Constitution OF the United
States and all the departments OF the Govern
ment created under IT, That State government i,
for the time beng in allegiance 10y virtue OF the re
bellion. Ii has been unable To execute It's Office
The guarantee that you have given them in the
Constitution OF the United States is that YOU will
remove this obstacle TO the successful operation
OF that State government. That is your duty
that is your power; nothing more. nothing less
But the Senator from Michigan puts TO the Sena
tor from Pennsylvania a question: What will you
do ii there are no loyal people in any OF these
States if they are all diSloya! understand from
the Senator from New York that il is not propos
ell To exercise the power under this Till until after
the rebellion shall have been suppressed in the
State. Ii there are no loyal people lett in the
State after the suppression of the rebellion. tk
it there will he no people in the State to govern
for as long rs the people are disloyal the rebellion
continues and in the case put by the Senator from
Michigan, when the rebellion j. suppressed there
are no people lett to govern. You will have ex-
terminated them, and il will be a vast wilderness
SD TAR as population is concerned. 10 be repeoped
and " hen reOeOpled to- have a Gov ernment estib
lished by the people inhabting the limits of the
State.
Mr. Howard will ask my friend from Vir
ginia whether lie expects rebels are to die in
the last ditch, and leave the country totally de
populated or whether there Is TO be n residuum oil
human beings after the war is oyerl
Mr. Carlile-I have proceeded always upon the
theory that there would be residuGm, and a
very large one. loyal population lett in each and
all of these States. lt Is the theory upon which
We have proceeded. and the only theory that We
can 90 on in the name of the United States anC
wage this war. If il is waged under any Other