Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1862-07-14

Government.
In the Senate on Monday last there was a very
interesting debate upon the bill providing pro-
visional Governments for the States in rebellion
against the Government. We have only room
for a part of the discussion, and we call attention
specially to the remarks of Mr.. CowAS, the Re-
publican Senator from Pennsylvania, who ex-
presses similar sentiments to those advocated by
the indianapolis Journal, The New York Til
buRe, GaIrison's Liberator and that school of
politicians generally:
Mr.. Cowan-I have sometimes been of opin-
ION that there was danger that we would depart,
very materially depart, not only from the great
principles which we're established by the revolu-
ton, but from the principles which were declared
by ourselves at the time we undertook this war to
suppress the rebellion. Sir, what is a republican
form of government Is il not a government
formed by the people by their own free consent?
The Government of North Carolina, before the
rebellion, was a Government formed by her peo-
pie. and il was recognized by this Government;
and, as was said by the honorable Senator from
New York, the Government was bound by its
guarantee to sustain and support that Govern
ment; and if it was overturned by any accident,
the guarantee extended TO its restoration. Now,
sir, a rebellion takes place. Ii that rebellion in
Wv tile HuOtcp cOplc III w. ludJ ptOpit, Nv n
fundamental principle of our Government and our
policy, have a right to establish such form of gov
eminent as they choose; and if it had been es-
tablished to the satisfaction of this Congress and
of this Government, that the whole people of the
States in which the rebellion prevailed had been
involved in that rebellion and were anxious to
sever their connection With this General Govern
ment and establish a form of government Such as
they desired. | suppose nobody would have un
dorfaEon tn mt doWu fba rphQllion cunnOca
no Democrat would have undertaken il: / sup
pose no Republican would have undertaken it; |
suppose no man who understood the theory which
underlies our Government and our institutions
would have undertaken il.
What then was the theory upon which we in
augurated this war, and upon which we have ex-
pended some seven or eight hundred million dol
lars and poured out the blood of perhaps one
hundred thousand brave men7 1t was because
we decided all the people of the rebellious States
were not in favor of this rebellion. 1t was be-
cause we believed il was confined to a few. / had
no doubt OF it. l have no doubt of it now if the
truth could be known. In the discharge of our
guarantee, and in the performance of our solemn
pledges i'll the Constitution, we went to war to
rescue the many rs against the few-to rescue
the loyal as against the disloyal. That was the
theory; and upon no other theory can this war
be justified or the Government be sustained;
because no one then suggested conquest, and
all denied it.
In pursuance of our design not to make a con-
quest, not TO subjugate, but to rescue and restore,
we invade a particular State, and we put down
the rebellion. What is next to be done? Guar
antee to them a republican form of government.
What republican form of government. | ask?
The republican form of government which they
made for themselves? The republican form of
government which had been recognized by this
Government? PROFESSIONALLY. What other onel
Who dare propose another one? And vet the
Senator from Massachusetts would discharge that
guarantee to support and maintain that republican
form of government by taking it away and sub
shutting one OF his own IN its stead. That is most
extraordinary Democracy, and most extraorli-
nary Republicanism. But he says some of these
laws are atrOciOus, and are abhorrent to the civil
lied world. Very well; whose business is that,
according to our theoryI The business of the
Senator from Massachusetts,, or of the people Of
Massachusetts, or OF the people of North Caro-
lima, who had the right to make them? / suppose
| am as much in favor of teaching little children
to read as the honorable Senator, and ] suppose
| have taught a great many more to read than he
has; but that is not the question. The question
is whether We will stand upon a great truth taught
US in the revolution, whether we will give to the
p~eople-not the rebellious people, but the LOYAL
people-of North Carolina, If there are such there,
the government which they established; and it is
not our province here to say whether its laws are
atrocious, or whether they are abhorrent to the
civilized world or not. The question is, are they
the laws OF North Carolina? Perhaps if Penn
sylvania we're to c~riticise the laws of Massachu-
sets, she might, ~forsOoth, Ind some of them ab-
horrent to civilization. She might find some of
them which, to her nicer and more delicate sense
OF right and wrong, were atrOciOus. Such'a
thing might be; but, l ask, would that give Penn
sylvania the right to interfere and to change
II - n. ..luI IL
this is IA republican form of government, if it is
Democratic at its base, then the people who are
to be governed by the laws are to form them, and
not other people. / thought that right was the
very thing which was achieved by the revolution.
Before that revolution, gentlemen of large ac-
quirements, of fine tastes, and of large political
skill, fabricated governments for the people; but
in this country it was decided that the people
should fabricate them for themselves, especially
as they were to be affected by them, and nobody
else.
Well, sir, we have taken possession of State,
if you please; we have put down the rebellion;
what is next to be done? Establish a Govern
ment. What Government A Provisional Gov
eminent. Establish a Government different from
that which the people had established, or which
they could establish. Mr.. President, | say, and
think nobody can gainsay it, that the only Gov
eminent which can be established there is the
Government which that loyal people will set up
again, having been temporarily thrown down by
the accident Of the rebellion. And when they
set it up again upon its original basis and carry it
on upon its first footing, we are done. That is
all we can do, if we pretend at all to carry out
the doctrines upon which we entered upon the
war, namely, that a State could not go out of the
Union, and that, therefore, we could not make a
conquest of her as if she were out.
But it is said there will he an interregnum. and
the people must have a little time to reinstate the
old order of things. That is all true. but who is
clothed with the power to maintain that condition
of things which will enable the people to set up
that fallen Government Is this Congress? Our
Government is one Of delegated powers, and the
man who asserts a power in it must put his finger
upon the place where it is delegated. 1t will not
DO to show that il would be convenient to have
that power. That is not the question. 1t must
be shown in the Constitution to be conferred upon
Congress But to show that we guarantee "a re
publican form of Government will not warrant US
in making such Government as we choose and es-
tablishing that-it must be one already made by
the people of the State which W are to guarantee.
What, then, can Congress do? | answer, nothing.
But the President. or his Generals acting under
his direction, after the rebellion is 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 it. and 1 am oppos
ed to establishing Provisional Governments, I'M
less they are purely military in their character,
and it that is all this bill contemplates, it gives
the President no power that he has not now. He
is bound to do the same thing now that he would
be bound to do If the bill should become a law.
He has to hold the State by military occupation
and TO preserve il by military rule until the loyal