Indiana American. [volume] (Brookville, Ind.) 1865-1872, 1868-03-13
INDIANA REPUBLICAN CONVENTION
GOVERNOR BAKERS SPEECH.


But il ia said that these Constitutions
were not oaly ratified according 10 the
forms always respected but that they were
acceptable TO the people, both North and
South. Where is the evidence Of the
truth Of this allegation? | reply that IL
is disproved by the fact that these States
(Texss excepted) sought admission for
their Senators and Representatives into
the Congress Of the United States in De
cember, 1865. and admission was denied
then; and the people Of the loyal States,
ut the elections in 1866, sustained the
action Of Congress.
] now confidently submit that / have
disproved every coaat In this Democratic
declaration, and, that on the facts, We are
entitled 10 a verdict, and that judgment
should follow the verdict unless there is
something in the law OF the case that rem.
dersa eobtrsry Judgment necessary.
LEGAL ISSUES.
Let US now consider the questions OF
law ct issue between US and our political
sadsersaries. thus state them:
lst. We insist. in the language of Mr.
Johnson's proclamation. that the rebel
lion which was waged by portion Of
the people Of the United States against
the properly constituted authorities of the
Government, in the most violent and re-
voting form. deprived the people Of each
of the revolted States of all civil govern
ment. Or in other words, that the only
civil governments these States had, be-
came aud were part and parcel OF the re-
bellion. and perished with il.
2d. We further insist that these revolt
ea States. being utterly destitute OF any
civil governments, were not competent to
restore themselves, nor was il competent
for The President to restore them 10 their
practical relations TO the government; but
they having sought TO destroy the nation.
and being overihrown in the attempt, the
nation sloDc through its law making pow.
CT can, and must prescribe, Cor at least
sanctiou) the terms and conditions OF
restoration.
The Democratic position as I under
stand il, u the reverse of those have laid
down.
let. They say civil government was moi
destroyed IN the revolied States by the
rebellion and its overthrow. aud that these
States, by their osn acts could place them.
selves in a position to demand. "a mat
ter Of right. admission to representation
in both Houses OF Congress.
ID That il anything was necessary TO
be done by the Federal Government to
enable there States 10 accomplish their
restoration, il was an Executive act, 10 be
performed by the President. aud not n
legislative act TO be done by Congress,
aud il being an Executive act. the deci-
sion OF the President is conclusive aud
binding on the other departments Of tie
Government.
In bis recent speech in the Senate, Dir.
Hendricks said, that, "upon questions Of
policy and proprieiy, meu may be eduea-
ted by passing events. We moy change
our opinions in regard to questions oi
policy and prupriety according to the
changing scenes that are passing before
N; hut so far as the law OF the country
is concerned. especially the higher law OF
the land the Constitution itself, how are
we so readily to change our opioion-2
Events do not change that. We are not
allowed 10 be educated BY passing events
in regard TO the proper meaning of the
Constitution Of the United States
Suppose we suhjec, Mr. lie, dricks' own
opinions to the legal and constitutional
status OF these reyolled States to the test
he here lays down. aud see whether he is
not in process Of education on these grave
questions. In his speech made in the
"circle," at Indianapolis. on the 9Th day
Of August, 1866. aud reported in tho In
diaDspclis Daily Herald Of the next day,
speaking of The status OF the rebel States,
be then said: Il believe that duang the
whole period Of the rebellion the Govern
ment OF the States continued to exist, and
/ look for the time when the Supreme
Court of the United States will say that
the acts Of the State Governments during
the entire period OF the revolution, which
were not political 10 their character, and
which were not to contribute aid to the
rebellion were legal and valid and that
the acts Of the Confederate Government
30 called were ab iRitio void For uysele
do not believe that the President Of the
United States had any occasion to reor-
ganize the State Governments. That was
my opinion about il, but he thought it to
be his duty. aud people accepted hi:
proposition, and the people gave validity
power and authority to that to which be
could contribute neither"
here you will perceive that the Senator
uses the word government in its proper
sense, not to signify a mere inanimate
constitution or framework of government
but as vital, living organization, having
power to psake, execute and apply laws Ia
all'the affairs of life. lie Furthermore
maintains that legal, living organizations
OF this character existed in all the rebe
States during the entire period of the re.
volt, and that all their acts of govern.
meni, legislative, executive aud judicial
throughout the entire rebellion, were Ie
gal anu valid. save only such as we're DO.
iiticai, or in aid Of the rebellion.
Hence, when the war closed, according
to our Senator. Georgia, for instance, had
legal and valid Executive, a legal anc
valid Legislature, and legal aud valic
Judiciary; and all she had to do was te
transfer her Senators from the Confeder
ate Senate to the United States Senate
the same Legislature which elected then
to the one eleciing them to the other.
On this theory, these Senators while il
the rebel Senate were there By virtue o
an election by valid Legislature, but tn,
act Of their election being a void act, the,
~ra~. vr;6 ~>toI Can.to~. ..I - Al