Year: 1864

against the Government. 1t differs in moth


ing from the armed enemies except in tn


weapons of its warfare. They fight to over


throw its authority over them while it seek
to overthrow that authority at home. The


would curtail the limits of the jurisdiction


of the Federal Government; it would ex
tend those limits, but change the basis an,
principles upon which it rests If revol
against the constituted authority be crime
if patriotism consist in uphdlding in form


and spirit the Government ourfathers made
those in power here to-day are as guilty a


those who in the seeded States marsha


armed men for the contest.


: Revolutions move onward. That i
true. But call things by their true names


Admit you are in revolution admit you ar,
a revolutionist; admit that yuu do not desir


to restore the old order; admit that you d'


not fight to restore the Union. Take tn,
: responsibility of that position. Avow tina


you exercise the powers of the Government


because you control them; that you are no


bound by the Constitution, but by your own


sense of right Avow that resistance t.


your schemes is not treason, but war Dis


solve the spell which you have woven arount


the heart of our people by the cunning usC


of the words conservatism, patriotism, Unior


and we will cease all examinations, we will husl


all reproaches for oaths-violated pledge.


falsifed--faith betrayed. We will meet yor


on your ground, we will fight you with youl


weapons; and by the issue of that contest


whether of argument or of arms, we vii


abide.


Am | to be told that | misrepresent the


Republican party? The gentleman who ha.


just taken his seat Mr.. Boutwell), an able


and honered member of that party, has said


in your hearing, eff could direct the force


of public sentiment and the policy of this


Government, South Carolina as a State and


with name should never reappear in this


Union Georgia deserves a like fate. Flo


riday does not deserve a name in this u


nion."


The gentleman from Maryland felt that


this charge could be truthfully made. He
sought to answer it in advance He denied


that the provisions of the bill contravened


any clause of the Constitution. Where is


the authority for it? Whese is the authori-
ty todeclare State Governments overthorwn?


Where the authority to appointa Governor;
to call convention to remodel their consti-
tutions; to fix the qualifications of its mem
bers; to prescribe the condition of their Or
ganic law; and until a new constitution shall
be made, to administer by Federal officers
such parts of the old constitution and laws
as the Governor or the President, or the
Congress may select? Where is the authori-
ty to prescribe the qualification of electors or
State officers; to dictate what debts the
State shall or shall not pay; Or whether
there shall or shall not be slavery or invol-
untary servitude within its limits?


The gentleman from Maryland quotes the
language of the Constitution. The Unit
ed States shall guarantee to every State in
this Union republican form of govern
ment The language is shall, not may
it is mandatory not permissive; it enjoins
duty: it does not grant privilege merely
And the duty is clearly defined. MIR. Madi-
son, in discussing this clause, said:


I'm Il confederacy founded on republican
principles and composed of republican mem
bers, the experimenting Government ought
clearly to possess authority to defend the
system against aristocratic or monarchical
innovations. The more intimate the nature
of such union may be, the greater interest
have the members in the political institu-
tions of eachother, and the greater right to
insist that forms ofgovernment underwhich
the compact was entered into shoulp be
substantially maintained"


This power was given to prevent changes
toward monarchy or aristocracy in the mem
bers of the Union 1t assumed that the
government then existing were republican
in form, that changes in them were proper,
might become necessary, were certainly with
in the reserved rights of the States, and ell
tirely consistent with the maintenance of
republican forms of government. This pow
er was not given to prevent such changes,
nor to maintain the relation of the States to
the Federal Government, nor to protect the
State from invasion, nor yet from domestic
violence 1t was given for the sole purpose
of preventing changes in the form of State
government which would make it anti-re-
publican. Our fathers dealt not in subtle
devices nor used equivocal language. They
knew the then existing governments were
republican in form; they intended to give to
the Federal Government no power to change
them; they intendedto impose no limit on the
right of the States to change them, except
that none of the changes should be anti-re-
publican, and this intention they carried
out in the language of the Constitution
The States may have any form of govern
ment so long as it remains republican, and
the Federal Government shall not intervene. |


1t is true that the question whether a
form of government is republican is to be
decided by the political power, and the jud
icial department cannot revise its decision;
but the discretion of the political power is |
not unlimited, supreme, subject to no con-
troll. 1t is subject to rule; and the first |
rule is that SO long as the old State consti-
tutions and forms of government are main
tanned they must be held to be republican;
and the second rule is that all other consti-
tutions similar in spirit and provisions are
also republican, and that so long as the |
States preserve such form of government |
the condition on which Federal interference |
is provided for does not exist in each of |
the States except perhaps one, at the time
of the formation of this Constitution. Its |
existence, therefore, was clearly not incon-
sistent with a republican form at that time,
and if not inconsistent then, it cannot be ins
consistent now The States at that time
had their States debts; they had entire CON
troll of them they paid what they pleased;
they repudiated or paid what they pleased
they have done so ever since. This power,
therefore, was clearly not inconsistent with
a republican form Of government at that
time, and certainly therefore cannot be so
now. The right to declare who shall be e.
lectors for State Offices and who shall be
eligible thereto, was committed entirely to
the State by the terms of the Constitution
the electors for Representatives should
"have the qualifications requisite for elect
ors of the most numerous branch of the
State Legislature" and those who vote for
electors should have such quail
fcations as the Legislatures might pres
cribe. This power was then and is now not |
only consistent with but is Indispensable to
q republican form of government


And yet the advocates of this bill propose
to deprive the States of power over the
question of slavery, power over their own
power to regulate the elective
franchise and the right to hold Office under
the nretence that they thereby execnte the