Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-03-24
RECOSSTRUCTTOg.
SPEECH or HON. ]. K. ED5ERT0k,
OF INDIANA,
l. THE HoUsE OF REPREs kSrATIvEs.
february 2Oih, 1855.
icOScLUDBD.)
icONcLUDEDl


4 rights a. such unimpaired: the war power can
touch only their claim of right not constitutional.
II they are out of the union, but subject 10 our
1 power over them as their cOnquererS in war, be-
/ ing conquered, their territory merges into the
mass of national territory. and NAV be treated
/ and governed as such; not however by an un-
limited military discretion. but TO the extent OF
the constitutional power Of the federal govern
ment over its territories; not otherwise.
But sir, on this question of the relations OF the
revolutionary states 10 the federal government
( l accept the doctrines of President Lincoln in his
! inaugural Of March 4, 1861, and have only 10
regret that after so clear and sound a sSStement
4 of constitutional law and good intentions the
/ president has since, in direct conflict with his
own teaching and oath, "come to the same con-
clusion" with the gentleman from Pennsylvania,
! Mr.. Stevens
! The president, on the 4th day of March, 1861
among many other things which il cannot row
be pleasant for him his admirers to refer 10,
said:
Il take NV official oath to-day with no mental
reservations, and with no purpose to construe
the constitution or laws by any hypercritical
rules"
He further said
Il hold that in contemplation of universal law
and of the constitution, the union of these states
is perpetual"
He further said
'It follows from these views, that no state
upon its own mere motion, can lawfully get out
of the union; that resolves and ordinances 10 that
effect are legally void, and that acts of violence
within any state or states against the authority
of the United States, are insurrectionary or rev.
olutionary, according 70 circumstances"
he further said
Il therefore consider that in view of the con.
stitntion aad the laws. the union of these states
Is unbroken, and TO the extent of my ability.
shall take care, the constitution itself enjoins
upon me, the laws of the union be faithfully exc
cuted in all the states.
This is the only theory consistent with the
true constitutional idea that the federal union is
perpetual union of states, aud thar each state as
an Individual member Of the union, has in itself
the same clement of peTpctuity that belongs tC
the aggregate republic formed by that federal
union of states. The union can be held to bt
perpetual only the principle that the states
composing it are perpetual corporations or bod
les polite, and indestructible by any act of the
aggregate body or by their own act otherwise
consolidation not union, is the fundamental
principle of the federal constitution and this
idea, the language, the spirit, the history Of tn
constitution, all repudiate. The states united
cannot destroy single state; power TO do that j
power 10 consolidate the states into one.
single state cannot destroy the union; power t.
do that is power to secede: and neither consoli
dation nor secession are principles of the union
What then is 20 he done in the case of q stat,
whose functions have been suspended or dis
turbed by rebellion or other force after the lille
gal force hostile TO the United States and Lawful
state government, has been overcome and re
moved there being no state officers having tn,
right to exercise the functions of state govern
ment! Is the federal government TO intervene
and setup a new government, make a new consti
tuition, as proposed in this bi1 Not So In TN,
absence of lawful state functionaries, from what
ever cause, the functions of state government re
vert to the people in their primary right, as IA,
source of the government. The life the vita
powers of the state are in them, and all they hav
TO do is, by concert of action, conformable so ia
as NAV be to the necessity of the case and the or
ganic law of the state TO choose new functiona
ries, new officers, new senators, and representa-
tives in congress, and thus set the dormant o
suspended government again in mott in har
mony with the government of the United States
All this can be done without the initiative action
or cooperation, or even presence, of single fed
eral officer within the state. The sovereignty O
a state as to its internal affairs is in its people
The question of the recognition of that sOveT
eighty, in any form in which it NAV be presente,
to the federal government for recognition. is po
hncal, not jadical question, and is not to b
| NSNluNu DN tlbotldCt llOOllCc, Jul lhC AcSlS u
the constitution. No federal act is indispensable
10 make a state government, reOrganized BY III
people in the mode have supposed, complete
except recognition by the proper political author
ity of the federal government, namely, the cor
gress; and the only proper inquiry is, as thi
government republican in form! Was il estat
lished by the people conformably to their ow
laws! Is il faithful TO and in harmony with tn
constitution of the United States!"
i will not say that facts may never exist to ju,
tify action by the federal government in harmon
with and subordinate TO the will Of the people Q
the state but thew cannot Justify it in dictatin
organic changes, when no conflict exists betwes
the organic law of the state and the constitutio
Of the United States. The action of the feders
government, in any extreme case justifying il
intervention, must be subsidiary to state law.
not paramount TO them Ii cannot, did CieI
Banks, declare state constitution ana laws vol
unless the constitution of the United States,
laws passed pursuant to it. make them void. tn
principle the essential character, Of this questio
n Is not changed whether the temporary overthro
of the lawful state government arises from th
acts of foreign enemy, or from internal or d,
? mestic violence Can either destroy the const
. tutional government Of the state or DESTROY
wipe out its organic law, or any part of it. so
- leave the state fabuid rGsa, WhereOn the fe'
eral government can write or command the pe,
pie of the state 70 write what II pleases4 II
a foreign enemy, or an internal revolutionary sta
government cannot thus destroy or change Il
lawful state government and constitution,
4, what right can the United States government
: having authority in the state only TO prote
lawful state and federal authority, work sus
6 destruction or organic changes To assuu
thar il can, is 70 assume that the United State
a government Of delegated and strictly limiiC
powers, can. either upon the occasion ofa foreig
war, or of rebellion in state, by its own act, su
vert Its own constitution, conquer It's own ter
tory, and overthrow its own constituent state
O. ''The United States shall guaranty 20 evel
B. state in this union a republican form of COVER
! ment "-ConstitutiOn of the United States, a.
\ t. sec l.
= Herein is claimed to be the constitutional wa
rant for this bill What does IL meant What
the extent of the power Who is to judge of q
occasion and manner and measure Of It's exc
cisel The United States, the guarsntor, sgre
with each state the guarantee. that neither q
: United States, nor any one or more states, n
anv other power shall ever overthrow republics
government in anv state The guarantee is fIi
damental and the very essence Of the contra
between the states in the constitution, and in
vceable except by the assent of every state. T
! power TO amend BY three-fourths Of the sta,
cannot reach IT, for that is q power TO amen
not 10 destroy; and if republican government
OF the essence of our federal system. 10 destr
, republican government IS 20 destroy the syste
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