, 1863-09-29

ganixe governments to protect.
Pc Tecquesille. who saw ous i9stlsutions
Th r. sts fse. n II r. o ays h taa sa'e
ds.stirg power resided in tho st.ta Govern
nents, and not in the National Government, |
8 civil mar here would be nothing but 4 for |
eign Wat in disguise" Ofcourae the natural |
consequence Ton.a aas % TO g1ve the f,ttoaaa tna
ri5hts which 1t would hare in foreign
war. And this conclusion from the obseFTa-
tion Of the Ingenious pnbliclst has been prac-
tically adopted By the Supreme Court Of the
this tribunal. after the most learned argu.
nert, followed BY the most careful consider
alton, adfudged. that, since the At Of Con-
gIess Of July 18th, 1881, the National
Government his been wagiog "a territorial
civil war" In which al. property aaoat BE-
tory is liable to cspture and condemnation As
lawful prize. But surely II the National Coy
er1ment may stamp np0l oil residents IN this
belEge1ent territory the character Of fose1ga
enemies, go IS to subject their ships and CAT
coca to tie peualtiea OF eondscation, # may
fu1 rules and regulations for the government
Of this territory under the Constitution, so
long ~ may be requisite for the sake Of pesce
ard order; and since the object OF War u
indemnify Tor the past and security tor the
future il may 40 eTeryRRaing yRnt @ no{ be e
enough to crush the Rebellion. It's terrible
root must be erterminated, SO that 1t may no
moae faunt In blood
Thirdly. But there Is another source for
this jurisdiction which is common anseto Con-
gress and the President It will be found IN
the constitutional provision, that 1.-THE United
States shall guarantee to every State In thus
Union republican form Of government. and
shall protect each Of them against Invasion"
uere, 20 y ooeefVea, arg "olas " Haasa9sJ
and m ooiiGatton q pz91eenon; n tns oEsg .n
inal concession to tho United states OF thls
'tNcfoaa power there was On open Eecognat.on
Of the ultimate responsibility aud duty Of the
National Government, comforting jurisdiction
above all pretended State rights, ard now
the occasion has come for the exe1cise OF
ceeded. The words Of tWofo1d power aud
corresponding obligation are plain aud beyond
question. II the1e be any ambiguity, It ia
Only as to what constitutes republican form
Of government. But for the present this
question does not arise. It is enough that
wicked rebellion has undertaken to detach
certain States from the Union, aud to take
them beyond the protection and sovereignty
of the United States, with the menace Of seek
ipg foreign alnance and support, even At the
cost Of every DISTINCTIVE Institution: tsi i.ls
precise danger from slavery, and upheld this
preclse grant Of power IN order to Gounteracs
this danger. HIS Woros, #Mco VIII oe 1onno
n Jet nnpanhsnea nocalnenss psoaussa ps.s "
MI Collanef IN tne oenate; sse". psop;aeasi1s,
among tne os1ec1s ~nlen nG teha1 IA hsm s1,lS n
the OLD Con1ede1a1o4 "as WAL ~ ths re- caMea
want OF guaIansy ~ sne a.atss ~ liz
setnt1ons ana JAWS aeaanst lnLe1nai saol1neg: -
u saoWing Why tnis goalanty ~ns neeeea, 10
saya, maj, aeco5u2g 10 fePu1assasa .ha 1neoss' @
jaTity, are held to be synon5 nous; according
to fact and experience, minority may, 1a an
appeal 20 1olce, pe IN osgtuatcu l9s t1e ua@
1or1ty;" and he taeh aods, - WoIos q Hon
de1f3l waer sayny s, e5ts aa Tns
clous, ms Wos "l1sten .i u CApIns L,o', st ~
fore ne Meenng o. .ae Convention nt aas taas
formed Ine Nauqnat C9nstlauttGu. w.; Due @ neto
We have M me oogln Q! i4e y vsIy .a eaass in 4ues"
uoh; tne aanges ~MTM lnas esestel +eta M tess. e.
saw Is row uEoa rs: Naen Q sta1e ell I1lls -, 20
na ntaln fepnDiean goSethmen! WIN OH
cers sworn eceo1oang 10 :the fe4nasemsnsa oi
tie CONSTITUTION, II ceases 10 be conslltu-
| tionaI state. me ver5 case contem plated py
the Constitution mas arrived. and Inc Nauo2a
government Is 1nFestea #l1n PleeatY po#ers,
nneLnsl ~ Eeae1 " m' .d ttate T. nntt;a - ~
tue eto' :. EeasSt, t;nt a. ssa- ~ SO
,,iov n ne main .enanra r. tl,j. solemn mar
" w. and in The estensfon Of that pro-
| ts.s+;nn INV no,irst nv sim /, which Il
| IL niadoad Rnt fhta artron}fnnrv NOW
a. rsrrIea with il n corresnondfnr dutY.
t VIA ta1s- sbnWs itaaif asnosrnnstn q rennS-
ifcan form Of governme ent must be removed
withouf deiay6r 11esita:fon and il the evil
fe .,orerv nnr artinn VII ha holder when Il
| t. knnwn that ths doonar ga fnreseer
| In 1evievinp The re- fhree ao1, rces Of mower.
| 7 know not witch ID most compIete. Elther
b an s ss re- Geihs 3 5
trin1e fonnfai,,. or. If Won piease. by this
fr;p;e rn15 40 ?Sint}1cate the bower Il Con-
s"ress cyer the 1acated rebel States.
mt tbere are yet other words Of the consti-
l StAA~% ~AA- S@-N
atoa toa W. mta ha Inatte ~ hv G"nnresa into
fhfa In;n35 - ~ As4nminr fhat the Tehe1 st.tes
ar1s ~ 1nnaar - Saeto af5taa nt ria Hn;nn
hnt S ~ HIT t tSs teTTttorv occnnied by them Il
witbin Vt IN tic he jurisdiction of Congsess, then
1es %oaos W a. oSsume Gaeoss u sncb NV ~ Il
II LII w VI ~ par Toe s1is+e H. uIM tha re;nrn ~
a4ntas - tba Grn;a1 4sSe+har n 1--WE ~
1nene ngsr 'SS n ~ snae,sl fnr T. n1eseribed Bnt
MannGt:, ~ opsst n1a5 49, = ,.s, Norsra..
~ f4sm a;,, 49, +a.t;n,on, ~ +hot
nu neas 10 .pb,eh nn1ar the Gnn.
CpuElens4o3i, HI3, ..s puHl ~ 1s1hiSn s"0 wv"
asas"'aoa' WIZ ieseoAo wv AsepooAs.
uSANswEKAbLE RRAsoSs FOE CONGRESSIONAL
GOVERNMENTS.
Against this power have heard 70 argu-
1uent which can be called an argument.
These arc objections founded chiefly in the
baneful pretensiou Of State Rights: but these
obiac,ions are animated bv prejudice rather
than reason Assuming the impeccabili:y Of
|
lke kings, can do no wrong, while, like
Kings tf1ev wenr the round and top Of SOW
eretpnty,' politicians treat them with most
mistaken forbearunce aud tenderness, as #
these rebel corporations could be dandled
into loyalty. At every suggestion of
rjeor State Rights are invoked, and
wc are yehemeatlY told not to destroy
the States, that all TINT Congress proposes il
simply to recognize the actual condition Of
the States and to undertake their temporary
government, By providing for the condition
Of political syncope futo which they have
itG own constitutional powers tor the uncoa. a.
stitutional powers of the r. rebellion: Ol
course, therefore, Congress viii blot no star
I9m the a 99f w oblteIs my 9t1te its
duty, In the best Way, to mainfein the great
holding the flag nnsnllied, and nY enforcing M
every there within Its lnftsMct1on the su'
pIeme law Of the Constitution
At the close ct an argument already 100
long drawn ont, 6hall not stop TO array t9e
censideratiors Of reason aud expediency II Il
on the ineyitablc Influence that 1t must exer-
else over slavery, which is the motive Of the
rebellion. To my mid nothing can be clear.
er, as proposition Of constitutional Law,
than that everywhere within the exclusive jn-
riEtictlon Of the National Government slase.
as It Is unansweEable Slavery + 80 odlous that
It can exist only BY virtue OF positive law,
plain and uneqvIvocat; bat no such words
can be found in the Constitution. Therefore,
slavery Is impossible within the exclusive lu-
risdic,ion Of the National Government. For
many years have had this conviction, and
have constantly malntatned it. I am glad to
believe that it ts implied, + not expressed, in
the Chicsgo Platform Mr. Chase, among
onr public men, is known to accept 1t sin