Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-02-16
Remarks OF ur voorhees,, I'm the
House OF RePre>entstsves. ON the

rOom desire briefly and very briefly q, express
the yiews which will govern my vote here IN the
Hoa.e
Itwould have given me great pleasure TO have
concurred wiia the committee ia this case. IL
would give me also very great pleasure to vote
upsu the floor of this House for the admission OF
the gentlemen who are presenting their appca
iious here And ] wish 90 saw At once. a. a
preface To the remarks I shall make. that
there shall be no misunderstanding. that the
gentlemen from New 0rlesns have so borne and
conducted themselves during this examination a.
To win the entire respect Of every member OF the
committee No part OF my objection 70 their en-
trance INTO this hail. therefore, can be considered
personal. -ra
IL has been the rule Of my action since | have
been a member If this House 10 take the laws
and the Constitution OF NV country my guide
| have done 20 honestly and cOnscientIJGsly: and
in doing so, | regret 10 -ay that have nearly al
WAYS found myself 10 minority. And il hap
pens to day. But, sir. | conceive my duty 10 be
plain one | DO not concur with the chairman
of the committee, Mr. Dawes, when he speaks
OF The Affirmative action OF tins House in admit
ting these gentlemen To- seats here as doing but
little violence TO the laws and Constitution OF our
country. | regard such an action by the House
as a total subverson Of the principles OF repre-
sent tive government. / regard thu question as
one of exceeding and paramount Importance. A
regard IL setting precedent Tor future action
which will be exceedingly important in it, bear
ing on the destiny of this Government. In other
words, regard It as surrendering 10 the Execu
tive the branch of the Government TO which we
belong. In my judgment the Executive has al
ready usurped the Judicial department OF this
Government by the suspension of the writ of ha
beas corpus IL lacks but the sanction OF such u
report as the committee has IN tde in this to
surrender up the legislative department also TO
the Executive | have no doubt that this House
will do IT, Step by step Executive encroach-
ment has come upon this country with rspidity
the like of which is unknown TO history; the like
of which has never been seen in any country that
called itself free.
Now, in support of these observations which |
have made in regard TO the surrender OF the leg
islative department to the Executive, 10y the
principle sought TO he enforced by this report.
allow me To submit 10 the House what conceive
the law in such cases To be. The law AS laid
down in England. ia report before me, in the
case of Hall ". Campbell, list Cowpers Re
poris.) and which has the sanction OF the highest
courts of our own country, Is this: If you make
cong saAx OF territory from foreign enemy with
whom you are at war, Won may IN that territory
in which YOU have made conquest and planted
your power establish municipal regulations and
civil laws set aside the laws which there prevail
and substitute a system of laws made by the le.s
er, il not true in the case of discretionary
DISTRICT belonging 10 this Government. Ii you
reduce reyolted State to obedience yOu cannot
supercede her laws and her domestic institutions.
She l. protected I'm them by that very Constitu
ton whose supremacy YOU claim 1t as the mission
of our arms to restore. All such States must be
taken back ii taken back AZ all. with all the laws
unimpaired which they themselves have made for
their own gONernment, pursuant To the guaran
tees OF the Ftdleral Constitution.
Understand this principle If the Southern
Confederacy is "A foreign Power. an lndeDendent
nationality 10 day. and you have conquered back
the territory OF Louisiana, you may then sabsi
tute new system of laws in the place oil the
laws of that State. You may then supplant her
civil institutions by institutions made anew for
her by the proper authority OF this Government
not by the executive, but by the legislative branch
OF the Government, assisted by the Executive
simply to the extent of signing his n,me to the
bills of legislation. 1t the Chairman OF the Com
mittee OF Ways and Means Mr.. Stevens is cor
rect; ii the gentleman from Kansas NJ. CONWAY
il correct. and this assumed Power in the South
is Power of the earth. and stands To day upon
equal terms of nationality wish ourselves, and we
conquer back State by State Its territory by the
power OF arms. then we may govern tht m inde-
pendently of their local laws But il the theOr,
that we have been proceeding upon here. that this
Union is unbToken: that no States have sunderel
the bonds ;hat bind Us together that no successful
disunion has vet taken place-ii that theory Is
still To prevail IN these Halls, then this thing
not be done. You are IL much bound To uphoC
the laws OF Louisiana in all thea extent and N
all their parts as YOU 10 uphold the laws Of
Penns,lyana or New York or any other State
whose civil policy has not been disturbed.
Such is 81, law IA laid down in numerous de
cisons We have had one case in this country
We conquered California from the republic oil
Mexico and took possession OF her by arms
1t is sometimes quoted by gentlemen seek
ing to sustain the views taken by the majority oil
the committee in this | believe IL Is quoted
in their report though, TO confess the truth,
have not had time nor has my health allowed me
to make such preparation as | would have de
sired. even To Che reading of the report oil the
committee | know very well, however, the
views erecrtained by the chairman and tire IN
iortv of the committee in the committee room
repeat that this case. in the instance OF the
quest OF California, II often relied on; II l. the
case OF Cross ct nj va Harrison In that case
our own Supreme Court laid down the principle
To which have already adverted. Ii was decided
TINT We held California not a. a part of our coun
try. where own laws prevailed, laws made III
pursuance of our Constitution, which OUT
arms had been A. they ought TO have been in this
instance, employed To uphold but a conquest
from foreign nation, and hence that We had a
right To substitute a different and distinct set o
municipal reg atoms TO that which had prevou>l,
there prevailed IL is one of the beiigeren
rights that prevail under the law of nations, ant
il only exists. as have already said. in cases -
territory conquered from foreign enemy
Sir let me tsk this House what we have beer
warning for Have we been sending fleets {,
the South for the purpose OF making new code
of laws for Statesg Have we been sending on
fleets and armies there for the purpose of empOw
ering the Executive of the country Ia set a~id
the laws of the States which nay become Subes.
to our military power! The people have not =
understood il They have understood, th
contrary. that We hive been making war for th,
purpose OF resurrectng and upholding the D D.
trated laws. placing them more erect. an'
giving the people who may desire il the benefit o
them How does this priucipe apply TO the cas-,
under diScus>ionl Lei The President o
the United States appoints Major General Butte
To the command ot the Department OF the Gull
Under him i a simple Brigadier General. Genera
Shepley He Is called Military Governor;
but the facts in this show that he smp
Brigader General. with the duty imposed upo
hun oi reporting To General Butler n hi> superio
officer lie went there with none other thai
military powers He went there with none 0the
than military instructions-none. at least. wl4ic
could tie legally gwen him. lie goes there ant
he ASSUMES TO ACT not only a. Brigadier General
/, bat Governor Of the Ssste of Louisiana
Now 1 viii pause here. aud ask the Charma
of The Committee on Elections. or anv other cen
tlemsn upon this Ioor. TO tell me hy virtue d
what clause IN the Constitution. by virtue 81 wha
rue OF Law the President OF the United States la