Year: 1862

OF traitor to the Government, uttered by partsans
for party purposes.


What is really the policy of this majority party
in Congressf Who has assailed the President.
and put him under the pressure he tells US Is up
on him, and is increasingly Who is clamorous
Tor change of policyf The Republican party.
Who says that the Union is dissolved; that the
seeded States are not only out of this Union but
in another Government


Senator Lane, of Kansas, in reply 20 a Ques-
ton of Mr.. Browning, on the 10th inst, said:


do like be catechised. say, all kindness 20
the Senator that laugh TO the idea OF extending
constitutional rights over State and people who ample
under foot that Constitution and who are at war to over
throw that Constitution The idea Of those States being
IN the Union IS TO me- ridiculous The fact Is they are
not only out Of this Union but in another Government.
have given weight, and profess 70 give weight 10
the idea that any has the claim Of constitutional
rights those States that the UnOn fight
ing against the Constitution and the Union.


In like manner speaks Senator Harlan of
Iowa. He says:


II has been maintained by all our ursts that within
the limits Of any State Of the Union the National Con-
gress has constitutional authority interfere in the
regulation OF the institutions that relate exclusively
the internal policy Of its peope-that the Nationa Gov
ernmet nay do whatever is necessary for external
defense, internal peace and for the promotion Of the
be permitted TO be the exclusive i1dge Of the proprey


its own oc al laws applicable to its own people alone


that all these subjects this Government should
interere should impose its opinions suffer Itself
to be used instrument i'm the hand Of the people of
any other State States for imposing their opinions and
views the people of any Other State. Nobody has
tertained that opinion honestly than have has
anybody been more anxious 10 carry il out in practice:
having during my short public career, maintained
this doctrine, both in public and private well as by
my votes in the Senate.


But in Judgment this disability has been removed,
and this brings consider the further suggestion Of
the Senator from Pennsylvania and urged by other Sem
They maintained that all the States that have
are still fu he
cay the Union has not been dissolved that State
existing member Of this Union, cannot, by any
of its people be annihiated and to be men,
Der Of the UniOn-tha once State always State.
others have presented H. the ing never dies the prince
is always in existence Well, sir, have anticipated in
past the this theory The argument super
ncal. 1t is the common law doctrine, applicable TO rights
OF persons and property in State that has not died. and
stroyed by the existence Of nteTregnum. The title
does terminate Of the death Of the grantor
but must be construed 10 he grant from his successor
and this perpeuity of title is 10 be terminated
during the period when there prince. So the
holder of the franchise the grantee under the prince Is
nues, the franchise is still good the title valid, though
the king be dead.


II Government may be destroyed By the people
residing within is own boundaries we inquire in the next
place IL Of the States this Union
destroyed these States have not in contemplation Of
law and the Constitution ceased 10 exist. they still
States, and States, they either in the Union out
OF the Uni States


Now, what is a STATED IS not, apprehend land
on which people may happen TO live nor is IL the peO
pie that may happen live the land. IL is such c-
gal organization Of the people in one compact conmuutv
will enable it to protect the rights Of each and all
against all inruders usually cenominsted government,
with such officers will enable IL 20 enac; laws and sd
nations inquire If in South Carolina, there
lists such State. If So is it in the Unioni II Is
State, still in the Union where Is Governor where
its Lgsatures where is uGiciayi If you recognize
II as State you must recognize the organs through
whcE the people act You cannot claim that il is State
because the land is there which the people live,
merely because there people living the land,
it must be because there is such political civil organ
izaiOn of that people enables you recognize
existence through their Ohcers-executve. legislative
and judicial.


Of South Carolina, huhy submit that is of the
Union. There Governor there whom you recog
nze Governor there Is no Legislature there that you
appeal to Legislature, there judges there
before whom your people claim trial Of their rights
and whose adjudication you recognize valid.


people exist there without an Executive, without
Legislature, and without Judiciary system which you
recognize. is it a Statei maintain that it is
State; and think sustained in this CONCLUSION by the
language Of the Constitution itself. IL says


tine Senators and Representatives before mentioned,
ana the members OF the several State legislatures and
all executive and judicial officers, both Of the United
of the several States shall bound by oath
affirmation to support this Constitution, and the judges
in every State shall be bound thereby anything in the
Constitution laws Of any State 20 the trry not
withStandBg''


Now, sir submit that there is no such Governor that
there such judges in any of the rebel States
that their State organization has ceased to exist it has
been oblerated by their wicked people. You
longer recognize the people within those boundaries
State. You have means Of reaching them through
any State organizations and if there is civil Organza
ton through which you reach them the people Of
Atate, the State hasceased to exist.


submit in the next place, that the President in ad
mnsering the laws in these rebel districts has assumed
that no state Government exists II Tennessee snd North
Caroins still States Of the Union, what right had
your President appoint Governors for their people
these rebel districts sti States Of the Union, what
constitutional right has the President proceed sup
press insurrecon unless requested 10 do By the
Legislatures thereof or during their recess by the Gov
eors Again, il these districts still States Of the
UGion, what right has the President 10 commission the
officers Of their militia called into the service Of the Uni
ted States the Constitution expressly reserving the right
TO appoint the officers TO the States respectively from
which they caledf Has the President treated the
people Of these rebel districts ia all these respects pre-
csely IL they were Territories of the United Statesi
Is possible for him administer the laws Of the United
States within their limits in any other manner


Ii is, therefore, manifest that you compelled in
your official action 10 hold and govern them organized
Territories acknowledge their independence. In
what then does any of these rebel States differ from
Nebraska, from Washington. from Dakotah, from Colo
rado, or any eher Territory Of the Unioni


In nothing whatever except the naked pretense that
State Government once existing 20 exist
and do TO exist, either through the madness OF
their own people, in consequence Of the superior
strength Of their enemies Your President has elected 20
consider the state Governments within the old bounda
Ties extinct For all practical purposes they dead
All the State laws lie dead letter on the statute
books unless YOU choose TO revive them. But If you
have power revive them and i've them vitality
may enact other laws you would enact laws for any





States they have right claim the protection Of the
laws Of the United States and your President with
sanction. proceeding to organize provisional local gov
ernments within the limits OF those States as rapidly as
they by your armies Il is true that lie
poets, and expect that when this rebellion shall have
been suppressed these people will reorgaze their State
Governments, and become members Of the Union. But
while this practical death continues, Congress and the
President responsible the character OF their civil
governments and their local institutions, as In any other
Territory of the United States.


In my opinion you have not only the right to govern
hal
your duty do And, moreover, that you can never
suppress the rebellion in any other Civilized
people live with each other in large numbers with
sold wills must mace deaths viii cccur must
be administered marriages must be soemnized debts
must be collected, and criminals must be punished. II
You do furnish them the necessary legal means for
the transaction Of all this business loyal mutt
adopt the rebel Government Every civilized community
soon that bad government better than
hence they will submit to iegtiuate prince TO avoid
anarchy.


ize temporary for these districts you do
for other Territories you have the right 20 extend TO
them all general laws enacted for the people Of the Ter
ritories You have the discretion in the
thai Won have in t other A. 10 these rebel States vo
longer restrained by the Constitution from liberia
ting the slaves ii the interests Of the country and the per-
petui,y Of the Union require it.


If. as Senate. Harlan says, these States, by
the act of secession have ceased TO exist, I'hum-
bly, submit that secession is not nulity. IL the
Senator be right, we are all wrong, and have been
wrong from the beginning. We have proceeded
upon the belief that no State could secede, and
that all such ordinances were utilities. II nuili-
ties they cannot be effectual for any purpose; II
they are legal and were but the exercise OF ie-
gal right. by what authority does Senator Harlan
seek their subugation? Before he took his seat
as Senator, be swore to support The Constitution.
II these States have ceased 10 exist il must have
been by virtue of the exercise of some constitu-
touaI right secured TO them, and If how does be