Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1862-03-14
The Relations of the Constitution and of Public
Law to the Rebellion.
SPEECH OF HON. SAMUEL sHELLABARGER.
Dclirercd in the House Of Representatives,
Februorv a. 1862.

on the state of the Union, Mr. SHEILABARGER
said:
Mr. Chairman: Upon the 9Th day of March,
1850. in speech now passed into the imperish-
able literature of the American Senate, Mr..
Webster, drawing bis figures from the classics
Of another age. thus described the state Of the
Republic at that time. lie said:
'.The imprisoned winds are let loose. The
East, the West, and the stormy South COM
bined to throw the whole sea into c0mmotion,
TO toss It's pillows to the skies, and to disclose
its proroundest depths. l am not fit to hold
the helm in this contest with the political ell
ements 1t is well for the country that there
is a Senate; body not lost to a sense Of its
high responsibilities; a body to which the
whole country looks with confidence for wise,
patriotic and healing c0unsclS."
But, Mr. Chairman, at that time no weak
and lacile Executive had dropped the reins OF
Government into The hands of a deep and con-
certed tref son. Then the Cabinet had not be-
come the heads and ministers of gigantic re-
belliOn. Then peculation had not impoverisln-
cd The Treasury, nor theft fingered the dia-
monds of State Then the guns of the Re
public turned against her by her own sons, in
whose souls were new and reeking the scar OF
recent perjuries, had not shot from all our
Southern forts the ensign Of the Republic
Then the Senate and House had not become
the seats where eOnspira;ors held the carni-
walls of treason, ard where they concerted and
whence they tclegraphcd to all the cxtremities
Of their hideous plot plans for the overthrow
Of the Constitution. Then no State had turn
cd againt the Republic the dagger of parri-
eide. Tens of thousands of her children then
were not exilcs from their homes because they
would not write the name OF Cataline OK Is
CARROT upon their brOws. The other thousands
had not, in ibe Constitution defense, mingled
their blood with the blood of the Revolution,
which almost yet crims0ns the shores of the
rivers Treason had not yet desolated cities
and fields Of fairest portions of the land. 1t
had net then betrayed uavies and lighthouses
aud forircSses, andorduuuce aud treasures, and
min;s and arscnais and armies into the hands
Of its allies. Two hundred thousand of the
bayonets of huge rebellion were not then
cleaning in the sunlight which is rejected
from the dome OF the Capitol. Six hundred
thousand OF the loyal sons of the Republic, in
lines stretching from the mouths of the Poto-
mac and Delaware to the sources of The Mis-
sour, were not started TO the deadly shock OF
battle. Thcu had not come the realization Of
that range vision, thrown by the wizard pen
Gil OF prophetic Iimutr upon his imperisha-
bic canvas, in which we see 1.-THE broken and
dishonorcd fragments Of once glorious I'm
ion, States discovered, diScor,lant, and bellger-
en', a land rent with civil feuls, and drenched
ia liuttrnal blod." Then. none of these No1r
they have all come-clme, it is true, most
Oully, cauS'essly, wickedy, but still no less
really come.
Sir, l have alluded TO the relations of that
time and this, to Indicate the profound distrust
with which approach the discussion of the
issues upon which l now enter. | scarce in
dulge the cxtravagances of rhetoric, nor deal
in figures Of speech when L say that in hours
we here fix the desinies of Centuries and our
minutes chronicle the events of ages; and the
high moment of trusts consigned now TO the
American Congress finds some fit designation
in an aphorism which has been recovered from
the ruins of another republic, which declares
that mo human virtue approaches 50 near the
divine as that which establishes and preserves
the State" Our very instincts, in times o.
danger, hnpel us TO circumspection and care
The trained beast Oh the verge of Alpine pre-
cipiccs, where one bad step would dash it upon
invisible depths below, selects and tries, will
unerring instinct, each stone, before it trust;
its fate upon the treacherous pathways.
Although the end we aim at-the preserva-
ton of the Republic neither demands nor adj
miis of circumspcction, moderation or choice
yet the means for the attainment of that end
demand them all; and he who now has no doubts
nor misgivings as to the selection of the fttesl
means, may find that not always the wiscst mer
crush in where angels doubtful head" Tha
this end shall be attained is resolved not re,
solved only in those moments of national hui
initiation and shame which followed the fall o
Sumter; bat that resolve, by the sense on in
expressb!c wrongs, is burnt with inextinguish
able fire, deep into the undying purposes o
this vast people.
Permit me now to make some suggestion
as to the wisdom Of some measures now before
| Congress as means for the re-cslahlishmcnt o
| the Government. And, sir, at the threshold
of the consideration of every possible measure
affecting the policies OF this conflict, we ar,
met 10y the grave and radical inquiry whether
| in It's prosecution and in the selection Of th
means for tile suppression of The rebellion
| Congress and the President, and his subordi
mates at the bead of the army, are still undo
I the guidance and high sanction of the COnsti
tuition and Of public law, and should selec
such means as arc in harmony with these; o
/ whether, on the other hand, in dealing witt
! causelrss and formidable rebellion, all the Dc
partments ofIhe government are absolvel from
/ the recognition OF law? Sir, this may seem
strange and useless inquiry-an abstraction =
/ having no application to the investigations no1
before Congress, and in answer TO which all ar
agreed. l thought so, too, Mr.. Chairman
when this Congress convened. l thought lha
all men united in one harmonious assent tina
now and yet the Constitution and law preside
over all the conduct of all departments of tn
| Government, in all the majesty Of its force an
authority, guiding, swaying, controlling, giN
ing bounds and system ard order to them al
| thonght that the effort which the Cover
ment, in the hour of its peril, by it's Cunslitl
ton, is required to put forth for its1leliveranC
from the rebellion, was not TO plunge into al
archy.
Sir, the sentiments uttered upon this foo
and urged for adoption upon this House, al
also upon the Senate, have rendered the inqu
ry which now make, as to what relations ii
Constitution and law sustain 10 this war, OIL
of practical importance absolutely startling
/ maintain, SIR, that it is not within Il
right, nor necessities nor the just policy, OF al
department Of this Government 10 Jisregal
the obligations of law in the prosecution
this war--neiiher in the selection of means f
the restoration of the Government nor il the
application to any citizen.