Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-05-06


public, Is : to protect them from violence When
,We ga raniy them a republican form Of Govern
SmeHt IA each state IL implies that We have the
seKercise OF power over them nj least 10 secure 70
fthe body OF that people the opportunity 10 have,
pot nominal aud Usurped. but an actual Gov
iernment within the Constitution Of the United
Estates. That is what We O~e them
,THE KEREL GovERSNIST DE FAcTO GOVERNMENT,
AND THE PEOPLE COMPELLED TO OBEY IT.
: will remark aBo,her thing. These men have
Established do facfe Govern ment over that pe0-
sple II a man finds himsefin a de faefo Govern
4Dent which he cannot resist and has no power to
scontrOl. what are the limits and measures of his
31biigationsg II requires a brave to say that
:he will war upon IL because he thinks IL is a usur
patton IL would he bold man who should say
now, The United States made rebellion gainst
England, and all the present power you have. m
siOnal and State. IL itself but a usurpation: do
pot owe il any obedience. and will not obey il"
How idle IL would be for an individual a weak
sBan, to talk in that wayi just so il is with the
feople in these States However loyal their
keelings, a Government de fqcfO is over them;
shey cannot get away; they have nowhere to 60;
shey have nothing To 90 with. What would YOU
have a man there To dor What has this nation
;1ght TO demand of hmg What right have we to
4emand of these people loyalty, allegiance aud
obedience TO this Government, and % war on the
Them. when We do not relieve them, furnish them
fsith arms dispense the armies that are there OF
iisarm the men who are their usurpers, but leave
chem in that condition.
Mr. President, when l look at things in this
Sght, II seems 10 me IL is very que tiOnabe
SOlIcy. ana still more questionable ethics, for Us
90 sit here day after day. before relieving that
people, and while they are thus trOdden on.
anaking laws by which we decare.th they have
-. g.. 81. a
Jed them, that Whatever charters they hold under
Jaws are gone, to unhouse them, strip them, and
.ronfscate their property, taking advantage OF
:heir absence when they are not represented here
Snd have no power to 90 otherwise. Ii may suit
?he notions Of equity and right of some but To
tny mird II looks more like taking counsel from
tur resentments than from our Judgments
But 1t Is said, Men have actually taken Offices
shere under mat Government; they have had the
sudacty To DO that since that Government has
teen established over them" | do not profess
T. be very highly versed in the ethics of politics.
but | am fond of looking 20 examples that are
bright and high At the time OF the rebellion
.nder Cromwell which had established a Govern
.aent de tacfo over the people of Eng land and had
Out down the existing Government, application
'vas made to Chief Justice Hale-a man whose
character stands high, perhaps, as any in tire
annals of Christian iudges-tO take the place of
s,hief Justice. he beng opposed that gentle
:nan. Justice Hale consulted with "A couple OF
!! Is friends (bshOps,) and after full deliberatiOn
Same To this conclusion: Justice must be al
1lini~tered; the rights between man and man
aust be adjudged upon; somebody must hold
5ourts; | can consider 1t no sin to take Office
snder de factO Government. though it is a usur-
tltion." He took il; and that man WAS not adj
sidged guilty of treason upon the restoration of
Charles Ill. lie continued ia position ever after
cards
!: In all the troubles between the house of Y ork
ind the house OF Lancaster ia the wars OF the
Roses when revolutions we're constant and fire
fluent. day of this family upon the
;Irone, and the next day one of the other, a.
sarly as the period of Henry VII a statute was
aassed which has abidei in England through all
fe revolutions afterwards, that no man should
T. adjudged guilty of treason because he was
4bedent to the re;gning King. no matter il his
cas- usurpatlOn Such. sir, is the respect paid
z the world. and especially that part OF the
forld from which we sprung. to a de facfO Gov
enment; and the nations OF the earth deal with
s% as Governments no matter hat the '''''
THE SAFEGUARDS or THE CONSTITUTION.
!; Mr.. President. I have already remarked that
: whatever we do We must keep fairly within the
limitations of the Constitution. Ii will not do to
~ that because need to do this thing, be-
tuse Il is necessary in our judgment, We will
f. 1t for that The limitations and pro
iSbitions of power in the Constitution were put
ttere on purpose to prevent our doing such
things when wanted do them. They
we're not put in 10 prevent our doing things We
If,ver wanted TO do. When il provided, for in
ssance. that you should not pass any attainder
~, that YOU should not take away any mans
Itoperty without due process of Jaw, that no man
stould be punished unless it was conviction
X jury, that no man should be twice punished
II the same otiense-prohibition OF this kind
ole prohibitions To- everybody, and they were put
II 10 prevent Congress doing such things when
ttey wanted to de- them. They were put in there
4 purpose TO prevent Us doing these things when
W. thought they were necessary They werenot
ptt IN to prevent us doing these things when
e not want to do them, and when they were not
necessary at ali in our judgment.
sNow, the question Is. after we shall have pos
sr>sed that country 10y force Of arms, can we do
anything consistently with the provisions of the
Constitution that will tend To bring back those
Tlople 10 their allegiance. Ii we can. and it We
n clear that our measures will tend TO produce
Wood effect in that way, very we'll. but if we
c!n not DO it pursuant To and within the provi-
SONS of the Constitution. let US hot, at this par
tsular period OF our trial acknowledge in the
IL e OF the world that Constitution and insti-
tlons are insufficient to sustain US
TIE WAR PowER.
iJudge CoLLAMER here combatted at length, in
atesal argument of great power. the proposed
ptn Of proceeding aganst the rebels by confsca-
~ their property 10y act OF Congress. without
icy trial, as violation of the Constitution.
1fe passage OF such law would be an assump-
i'm OF power by Congress it does not possess
y says:
tlf We make laws by our power under the Con
seution must regard the prohibitions of the
Constitution, else we are lawless. And II makes
viry little difference 70 what department of the
- yerument all this usurpation goes II il j.
t3e that the Congress OF the United States, ON
al occasion IKE VAR OF this kind. can take To
t,ei and exercise ali power, regardless OF the
p:'hIbitiors ct the Coustitut on; and further,
81 make Itself Commander in- Chief Of the ar
ns anu cOEduct the particulars and details OF the
vs. m all respects. / DO not know that there was
a;y u,urpIuun by tie House OF Commons in the
ttie 81 Cromwell They said they represented
~ people, Iud they took command OF the Cen
eils 0i the army; they OVERRIDE the other de
pttments ct the Government and broke down
th,s Government itself. suppose We choose TO
t.,e control. OF the ARMY anu all is comm md.
nI.i OF IT, Commander IN Chef. and direct ali It's
d,. ais as Ne please, ana send our Committee on
ti.' Conduct ct the " ar out into the camps 10
a., Iect the proceedings OF the Generals and 81
~ them IN their duty. as VAS done under Crom
~ 81. dO not see th1t Il would be any thing more