Year: 1864

IF revolt against the constituted authori-
ty be crime, if patriotism consist in up
holding in form and spirit the Govern
ment our fathers made, those in power
here to-day are as guilty as those who in
the seeded States marshal armed men
for the contest.


"Revolutions move onward" That is
true But call things by their true names.
Admit you are in revolution; admit you
are a reyolutionist;. rdmit that you do not
desire to restore the old. order; admit
that you do not fight to restore the
Union. Take the responsibility OF that
position. Avow that you exercise the
powers or the Government because you
control them, that you are not bound by
the Constitution, but by your own sense
of right. Avow that resistance to your
schemes is not treason, but war. Dis
solve the spell which you have woven
around the heart of our people by the
cunning. use of the words conservatism,
patriotism, Union, and we will cease all
ordinations, we will hush all reproaches
for oaths violated-pledges falsifed-
faith betrayed. We will meet you on
your ground, we will fight you with your
weapons; and by the issue of that contest,
whether of argument or of arms, we will
abide


Am I to be told that I misrepresent
the Republican party? The gentleman
who has just taken his seat Mr.. Bout
well, an able and honored member of
:hat party, has said in your hearing, off
I could direct the force of public senti-
ment and the policy of this Government,
South Carolina as q State and with a
name should never reappear in this
Union. Georgia deserves a like fate.
Florida does not deserve name in this
Union"


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 con-
travened any clause of the Constitution.
here is the authority for it? Where is
the authority to declare State Govern
ments overthrown? Where is the authori-
ty to appoint Governor; to call con-
venticn to remodel their constitutions; to
fix the qualifications of its members; to
prescribe the condition of their organic
law; and until a new constitution shall be
made, to administer by Federal officers
such parts OF the Ufd constitution and laws
as the Governor, or the President, or the
Congress may select? Where is the au-
thority to prescribe the qualification of
electors or State officers, to dictate what
debts tie State shall pay or not; whether
there shall or shall not be slavery or
involuntary servitude within it limits?


The gentleman from Maryland quotes
the language of the Constitution: "The
United States shall guarantee to every
State in this Union republican form OF
government" The language is shall,
not may; it is mandatory, not permissive;
it enjoins duty: it does not grant pri-
vilege merely And the duty is clearly
defined. Mr.. Madison in discussing this
clause said:


HIn confederacy founded on republi.
can principles and composed of republi-
can members, the experimenting Govern
ment ought clearly to possess authority to
defend the system against aristocratic OF
monarchical innovations. The more init
mate the nature of such union may be,
the greater interests have the members
in the political institutions of each other,
and the greater right to insist that forms
of government under which the compact
was entered into, should be substantially
maintained


This power was given to prevent chan.
ges toward monarchy or aristocracy in
the members of tho Union. It assumed
that the governments then existing were
republican in form, that changes in them
were proper, might become necessary
were certainly within the reserved rights
of the States, and entirely consistent with
the maintenance of republican forms Of
government. This power 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 vic
lence. 1t was given for the sole purpose
of preventing changes in tho form oi
State government which would make il
anti-republican. Our fathers dealt not
in subtle devices nor used equivocal lam
guage. They knew the then existing
governments were republican in form;
they intended to give the Federal Gov
ernment no power to change them, except
that none of the changes should be anti
republican, and this intention they car
ried ont in the language of the Constitu
ton. The States may have any form ol
government so long as it remains republi
can, and the Federal Government shall
not intervene.


It is true that the question whether q
form of government is republican is to be
decided by the political power, and the
judicial department cannot revise its de
cision; but the discretion of the political
power is not unlimited, supreme, subject
to no control It is subject to rule; and
the first rule is that so long as the old
State constitutions and forms of govern,
ment are maintained they must be held
to be republican,; and the second rule is
that all other constitutions similar in spi.
rit and provisions are also republican, and
that SO long as the States preserve such
form of government, the condition or
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 exist