Indiana American. [volume] (Brookville, Ind.) 1865-1872, 1868-03-13

The same logic that will destroy the
organized machinery Of government be.
cause Of it's participancy in rebellion. will
reach the frame work of the Government
itself. when il too was perverted TO the
same crimir nj use. he Constitution OF
! South Csrnlna was just as much part and
parcel of the rebellion as the guns which
! that State owned before the rebellion, and
which she employed to demolish Fort
Sumter.
Will anybody tell me that these guns
after being captured by The National sor
ces. and after the suppression OF the re-
bellion. as a matter Of right immediately
becameeihe property of South Carolina
because they were inanimste objects and
incapable Of treason? Are We told that
everything done TO amend the Cons'i'u-
ton Of South Carolina 20 ss TO make II
the instrument of treason. or to pervert II
to the cause Of rebellion, was illegal aud
void. and that this Constitution is there
fore Of unimpared validiiy? | reply, so
was every act Of Governor Noerath. OF
South Caroinu. done in aid Of the rebel.
lion. illegal aud void. Ii 80, the rebellion
being suppressed, aud the Governor hav-
: ing ceased all opposition to the constitu-
ted authority OF the nation. and the Con-
stiiu,ion OF South Carolina being no long
er used us an instrument of rebellion, Why
does the one cease TO be a valid Governor
| and the ether continue to be u valid Con-
stiu ion?
The treason that was so general and so
airocious rs tn destroy the living organ
l. III.
The inapimate parchment which constitu
ted the house or she'll in which the vital
organism called The Cove nment of South
Carolina lived. moved aud had its being
As we'll tell NE that the body lives when
the .lrit has departed. as to make me
believe that a mere inanimate frame WORK
OF government can survive after its soul
has been politically damned for the black
est of treason.
I But again, Mr.. Hendricks says: "A
State Constitution is the bond OF its or
ganiz,liou; not ouly the bond Of political
organization in the State, but, TO some
extent, the bond that holds il 20 the Fed
era Union. do not very clearly under
stand (coniinues the Senator) how State
can be IN The Union without State gov
ernment do understoud that if a State
should cease to have a government, Of
my 80 express what seems to be para
dox } that the people would Still be under
the law and anshority of the Federal
Government to the extent Of The jurislic
tion Of that Government. But, sir,
State to be State in the Union must be
a political organization
The words "poiiiical organization" are
here used by Mr.. Hendricks not to signify
n Government in actual operation under
a constitution, but to signify the consti
tuiion itself. For immediately afterwards
Re soys: Then, sir. when State Con.
stitntIon is once formed, and the State
under that Constitution is uduiitled into
the Union, that State organization is not
a separate aud independent thing, but in
its organization becomes Il part Of the
F,dernl Union The Constitution Of the
State, when the State has been thus ad-
miited becomes a part of the National Tn.
ron and compacf. aud deny that the
people Of that State have a right to destroy
their State Government aud thus cease TO
be within the Union. deny that n con
ventIon OF the people, that the Legislature
0l The State, or any sSsemblage OF the
ps ople whatever can voluntarily terminate
the existence Of State Government. aud
4 u cni off their conuec ion with the Fed
eral Union bat in my Judgment. can
only be accomplished with the con'ent Of
all the States. Take the case of Louisi.
ana. The people formed her State Gov
ernmcnl; under that Government aud
Constitution she WAS admitted into the
Union. Is that Constitution Of hers,
(suhject TO heI amendment and her mod
iheatio1 OF course } not part OF the Fed.
eiai system when she is thus admitted;
aud is II possible that that bond of socie-
", that means OF political Organization
can cease to exist, aud that there is no
longer any State Of Louisiana
1 have made this lengthy quotation
from Mr.. Hendricks last speech, so tnat
his position may be fairly stated; so that
you may not misunderstood, aud that
may not misrep,esent him by making a
partial extract.
lie says that he "does not very clearly
understand how a State can be in the
Union without a State Government"
hero again using the word Government,
not to signify a leg stature, an executive,
aud u judiciary, operating under Cou-
stitution, but to mean simply Consti,u.
ti0n.
a State certainly cannot be State in
the Union, complete and perfect in ali its
paris, without having both Constitution
and an organized government in actual
existence, perfol ming its functions under
} that Constitution. But if we can under.
/ stand how State may be State in the
Union, and be in a condition of anarchy
for the want of all existing machinery by
! which laws can be enacted, executed aud
administered. can we not Us easily under
stand why this anarchy may have gone
one step further, and left the State no.
, ronly without a governmental organiza-
iion, but also wiihout.a Constitution?
I A State in the Union without on or
. gahised government, in condition to per-
, form its proper functions, is just as vaIu
5 able, practically, TO the people of the State
and of the Uuion, without Constitution
Q as with it. A State Constitution, without
: a government organized and in operation
: to carry out its provisions is of no more
value than is faith without works, which,
we are assured on the highest authority,
ais dead, being alone"
: But Senator Hendricks says 81 do un-
!. derstand that If State should cease to