Year: 1863

tbs grand receptacle of these war powers The
heads OF Departments have. of course, some of
them. Some are claimed for Congress. We are
now called upon 20 exercise. our share of these
Extraordinary powers in the passage OF this bill
/ The Governors OF the States have claimed some
OF these powers. They have been distributed
down 10 multitude, whom no man can number
OF Provost MaFshals scattered in every village
between the two oceans except CeredO and Ober
lin. which, being inhabited wholly by white and
black Africans, needed no such guardians of
loyalty.


IL is a most remarkable power-ths war power
OF the CONSTITUTIONAL much so. that doubt its
existence altogether. It is myth; it is a fiction;
it has no existence. The Chief Executive has
laid down what this power is de saws il is the
power on his part to do anything which he may
consider necessary TO crushs the rebellion. That
is the only limit to this own discretion. Can
he iengthen his own term of Officer Most Ger
tainly he can under the war power. if be should
think 1t necessary to crush the rebellion Can he
Increase his payl Most certainly he can, Just as
easily As be can issue proclamation affecting
the rights OF property in any of the States There
is no limit to the power, and there can be none |
take IT, sir, that when you thus place the power in
tue hands OF one man to control the army and
navy and the purse of great nation, without re-
strictOn and without limit, you have erected
military despotism. You call him the President
In France. he Is called the Emperor: in Austria,
tue Emperor; IN RUSSIA the Czsr. The Aneri-
can Cur will find 40 serfs west of the Allegha-
nies. IL Is notproposed to surrender the most
sacred rights which were resery Ell at the time of
the formation Of the Constitution to the States
and to the people; there can be no necessity for
their destruction.


Why, sir, under this power YOU may exer-
cise any authority whatever. IL IS useless for us
10 say that an act does not cOnduce "a. the crush
ing OF the rebellion; if the Executive thinks diff
ferently. that is the law | think that the defeat
of this Missouri bill will strengthen the Federal
Government not only in Missouri, bur elsewhere.
| hope it will be defeated but il Congress, to
whom is deputed part OF tl6s remarkable power,
thinks differently away goes your safeguard on
the Treasury and away 20 all the restrictions
and limits which have been thrown around the
rights of property in the several States, and the
Constitution, instead of being a living ordinance.
becomes only 'quiet dogma of the past


What will be the effect of this continual inter
ference and intervention by the Federal Govern
ment with the rights of the States and the people?
What has been its effect already Do we not
read it IN the signs of the times? As far as one
act, treason is concerned the officers and people
of certain States have taken up arms against the
Federal Government As far as the other act is
concerned, it is proposed not to take up arms
but 10 interfere and intervene by the power of the
purse with the domestic institutions OF the States
That power, that inference is no more. TO be usti-
fed than the other Much has been accomplished
by indirection since the commencement of the
present policy. which no man could have justified
or accomplished directly. We find ourselves now
in the prosecution of a where abolition is CO.
incident with military success simply by this
same method Of indirecton. Forces have been
called out. have been placed in their hands
ostensibly and avowedly for the purpose of pro
tecting the National Government against the trea-
son OF certain States, and after they have been
50 called out. by this same indrection, the whole
force is converted from its original intention, and
crusade is undertaken and waged against the
very rights which the General Government is
bound To protect: for, as said before believe
that the rights Of the Site. and of the General
Government are mutual. The General Govern
ment guarantees to the States republican form
of government Ii guarantees the safety anc
protection of the rights of which have spoken
and it cannot interfere with those rights without
abandoning its constitutional limitations anC
without a breach of the guarantees which it gave
the State at the time OF her admission.


Hence there are no circumstances which woulC
induce me to vote for the bill under consideration
| regard il as violation of the reserved rights o
the people of Missouri l regard it as a violation
of constitutional obligations upon our part: anC
let me say that while we are wagiHg war for tht
law ought to wage It under the law and We
ought not to violate the law Without the Law
there is no transgressiOn Without law there i
no rebellion. And if Congress and the Genera
Government insist upon breach. "A serious in
fraction of the Constitution in regard TO the rights
OF any of the States, we cannot tell how far tha
breach may 90, nor can we tell what effect it ma,
have upon the whole character of the Govern
ment


say nothing. sir, ncw, of that new treason
which we have heard whispered in high places
that the Army of the Union is 70 be recalled
that there IS to be no further effort 70 save tn
GODer nnsent, but that the force is all to. be ex
hauSted for the purpose OF saving the AdmiRistTG
ton I say nothing about that except this: so ia
rs the State which represent is concerned, W,
are not disposed to abandon the Union; we ar,
not vet disposed to accept separation neces
Sity; we are not disposed TO accept separation az
an alternative rather than recognize the right o
the Southern States to peculiar species of prop
erty No, sir | charge Senators to avoid thi
crime against nationality. The people of tn,
Northwest, the people of the great central State
have recently decided upon these very questions
ia those States there was no cOntestas "a Yhethe
the integrity. of the Government should be main
tanned. The question in the late canvass reateC
to whether there should be change of it. form
by our own agency. Upon that question the yer
dict Of Indiana, of Illinois, of New Jersey, anC
of other States was rendered. Determining tha
while the Government should be supported, Will,
it should receive money, while it should receive
nen from the States guaranteeing the vlndicatioI
OF the national sovereignty, there should he nc
interference whatever by the Federal Governmen
with the rights of the States themselves


Let not Senators mistake this as the verdict O
action of party As far the result of tn,
election in ludana was concerned, it was dis
tinctly the action OF the people. not of any
party, against every possible encouragement tha
could be thrown upon that action. Less atten
ton was paid To party organization: less attention
was paid party drill and partyinstrumentatie:
than in any contest we have ever had in the
Northwest Ii was Il pure, plain decision upon
the question as to whether, for any purposes, the
rights OF the people should be violated: as Il
whether, for any purposes, freedom OF speech
freedom of the press. freedom of debate and dis
cussion could be trampled under foot by the hand
of military power That was the question raised
and decided Let US heed that warning. Let Gs
retrace our steps. Let u say some fault has
been Committed. Let us heed the protest which
the States have entered The Federal Govern
ment will DO well to regard il. The Government
is worth more than this Administration; it is
worth more than any other. 1t should work for
perpetuity 1t should work for all time to the
health and safety "i the nation, which pray may
exist forever rs the fathers formed ii.


At an early stage of the political contest OF
which have spoken. great efforts were used to
blind the people to the questions really at issue
The Republican party in my Stale di,banded its
organization: it claimed 20 he no party; t claimed
to have no issue but vigorous prosecution Of the
war: il called itself Union" aud at very early
stage of the same canvass, select coterie OF ne
gro maniacs acting under semblance OF la~,