Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-02-16


already prevailing over tem ! undertake 20 saw
that tbs Is .slupd doctrine undertake. O. -ay
that Il csnnotbs controveried on his sor OF my
shese ei-e Iake any other vieS OF this ques
ION. geiflenlen. ana where are youf lou are
NV nsrTowed down % tli- point thai you have
either 10 take the ground that sou are wagng a
war tor conquest against a foreign enemy, and
may govern these rcvoitrd territories YOU
possess them, just a. YOU Mould govern conquered
foreign territory. or else YOU hive 10 recognize
the principles have lad down. and hold with
that the laws Of Louisiana cannot be disturbed or
intgfered with. bat must be upheld and enforced-
IL either case however, the elections under con-
siderstl0n are invalid. and the claimsuts not in
my judgment. entitled 20 seats on this floor
Mr. Harrison: VIII the gentleman permit me
TO ak him question:
Mf Voorhees,. Certainly
Dir Harrison: Mr. Speaker. the office of civil
Governor of Louisiana became vacant by the vol
untary and wrongful act OF the Governor 81 that
State.
Mr.. VOORHEES,: Yes.
Mr.. Harrison: The Congressional delegation
from that State was not chosen IN le6l in cOnse-
qnence OF rebellion; ami the office OF Governor be
came vacant by reason OF the treason oil the Coy
ernor and OF his uniting in the rebellion In view
of these facts and Of the other circumstances in
which the people of Louisiana had been placed by
the rebellion. might not the loyal electors of the
several districts in that State, when the military
power OF the rebellion was suppressed by the arms
of the national Government, have themselves, 10y
their own voluntary action. assembled in conven-
ton and appointed a time for the holding of
election for members OF Congress, and would not
Congress have been authorized to receive as mem
bers Representatives thus chosen! Now, then,
the people of these two Districts having ted
to the time appointed by the Military Governor.
whether his action was legal or nOt.) for the
holding of an election, and that election having
been actually held by the loyal ele, tors of the
districts. are not the Representatives Of their
choice entitled To seats here?
Mr.. Voorhees,: Mr.. Speaker, have foreseen
and anticipated and answered in my own mind
the argument which the gentleman frDm Ohio
has made and which is the only that can be
made. The answer to il * plain md Inevitable
sequence of the position which have taken. 1
have already laid down what | suppose to be the
duty of military com IN sndsnt in an insurrec
tionary district-not Military Governor. There
is no such officer known 10 the law. But the duty
of military commandment OF an insurrectlonary
district l. To keep peace until the people can have
All opportunity of acting according 30 law, ana
thus securing their representation Have the,
done in this instance! That question rises
right in tue chain of the argument which have
made. | say they have not. fhe law has been
violated And even If the people have acquieseed
in a usurlatlon, vow and | 'se, by oat1s, Or
bidien To assist them in carrying il out
Now. let see how this stands. Suppose the
military commandant down there does what saw
his duty is suppose he keeps the peace and gives
the people opportunity to return Ia their allie
glance; and not by brutality ana ierocty, such
has disgraced our cause ia New Orleans but 10y
the superior law and power OF kindness, he wins
them To return once more 10 their lelity TO the
Government When they have thus returned, let
me ask the gentleman from Ohio what i tne!r
legal method OF obtaining representation herel
The gentleman the Governor of Louisiana
has vacated his office; ten the first thing Tor the
people To DO in returning To their allegiance Is to
Till the Office OF that civil Governor This has
been done in other cases. Why should it not be
done IN theirsG First and precedent To a valid
election tor members of Congress To Till Vacancies
il IS the duty of The Governor OF the State OF Lou
isana, the gentleman from OHIO knows. To
call such election. Ii is made 80 by the Con>ti-
tuition and laws OF that State, which, according
To tie theory on which this war was commenced
are still IN full force within the Union La this
instance. however, somebody else has done it for
him. When the people shall have returned 10
their allegiance by virtue OF the peace established
ii you please, by the military governorship of that
region, let them not commence TO obtain repre-
sentation here first by ignoring the only principles
OIL which that representation can be lawful. Let
their civil policy that has been disturbed by the
rebellion. and then, by virtue OF il, hold their
elections according to law.
Mr.. HARRISON: Ny answer to the gentleman
from lndH,na is this the difficulty. to my mind
is practical one According to the gentleman :
own theory and principles. az | understand the
the election fer Governor cannot be held IN pur
suance OF the Constitution and laws of the State
of Louisiana until the expiration OF the term for
which the Governor who voluntarily and wrong
fully abdicated his office was elected Therefore
| that State would necessarily have To remain an
represented in the Congress OF the United States
until the full term Tor which the Governor was
elected had expired. This brief and limited state
ment OF my views l. simply an Illustration of the
evils which tear will necessarily result in accom-
/ pShiug the great ami difficult work of restoring
the nsurrectionar, States to their proper consti
tutional relations from the practical application
of the general doctrines which the gentleman is
presenting with so much ability.
/ Mr.. Voorhees,: Mr. Speaker, all this has passed
before my mind already; aud. whether leebly or
well. ! have attempted tn answer it. One of the
primary rights OF a people l. a government IL u
man runs away from an office which the people
have selected him to fill they can. in their pr
m Try capacity, Gail constitutional veution,
and refill that office. Now. the difficulty be
tween the gentleman from OHIO and myself is
that | want tO commence at the beginning. and
have the law administered in Louisiana from the
foundation OF the State Government up through
all It's PARTS while he wants To skip the condition
/ precedent to n valid election of members of Con
gre-s-the sanction of the only kind ot Governor
known TO the Constitution of L.ui~iani or the
i Constitution of the Unitei States-and reach by
/ one leap that point: leap. however. let me say
t. him. that involves a power in the Executive
over the State never heard OF. never dreamed Of
by the letter spirit of the Constitution. The
I gentleman may that the difference between
him and me i small: that am for having the
| people % act in their prmfry amt fund meutll
capacity in regard 10 the GorermorShip. and that
/ he j. for having them to act in the same capacity
| in regard 10 the members Ot Congress The gen
tleman asks. what !, the difference between the
( two positions. The difference, will say to my
/ friend from Ohio. l. vast, and frausht with the
most morrentous results The one involves the
total prusrritiOn of tree repre- the utter
overthrow OF your Constitution. and the utter
abfOgation of the State TO govern her local Affairs
by virtue of her own laws. The gentleman :
pOsinon inaugurates system of Executive
uSurpation which will stalk through these II ais
at the he.ld of military power. IL will send Us
1 all home or silence our tongues. IL siil make
/ these arches resouBd with the clankng of the
chains of absolute despot>m. instead of with
the voices ot free That is the difference
between the position OF the gentleman from OH
and mine
Mr. HARRISON: The gentleman from Indiana
will am sure do me the Justice to admit thai
the ground on which have suggested the claim
ants are entitled 10 their seats IS entirely indie
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