Indiana American, Volume 7, Number 11, Brookville, Franklin County, 13 March 1868 — Page 1

fUBLtsÜID ,VIRT miDAT BT 0. Ii. BiXGtiAU, Proprietor. C3.C9 ia tha Batlonal Baak. Baildlnj, (third ttory.) ' ,

TERMS OF SU3SCRIPTI0NI . 81,50 PtfltYEAU. t ast Asic f. (3,00 " " If KOT FAID I APfAXCK. No postage on papers delivered within this County. . LN DIANA REPUCLICAN CONVENTION GOVERNOR BAKER'S SPEECH. (Gmclmhd from Latt Week.') Tat it is said tbat these Constitutions wer not cmly ratified according to the C.ma alaiti rftrfttA Lilt I fiat h VirA I Ai. . .1.- t.i. V..-.K .,t ITLri L1UIP 1U LUD LiCl'U E. LUl II A1UIIII fJS V I South. Where is the evidence or the troth of thi UcKtion? I reply that it i disproved by the fact that these States Texas excepted) sought admission for their Senators and Reprcsentstivea into the Congre of the United States in De cember, 18G3. and admission was denied theuj; and the people of the lyal State., at ti e elections in 18CC, aubtaincd the action of Congresi. I now confidently submit that I hare disproved every count in tl i Democratic declaration, and, that on the facts, wo are entitlrd to a verdict, and that judgment hould follow the verdict unless, there is something in the law of the cote tbat rentiers a contrary jndgment neceiaarj. LEOAL 1SSUI8. Let us now consider the questions of r -r r . . ... law at issue between us and our political adversaries. I thus state them: 1st. We insist, in the language of Mr. Johnson proclamation, that ibe rebellion which was waged by a portion of the people of the' United State against tho properly cooa'ituted authorities of the Government, in the most violent and revolting form, deprived the ptople of each of the revolted States of all civil government. Or in oiher word, that the only civil governments them States had, became, and were part and parcel of the rebellion. nd perished with it, . 2d. We further insist that these revolt el Statea. lein utterly destitute of any civil governments, were not competent lo restore themselves, nor was it cotuietcnt for ibe President to retoro theui to their practical reUtions to the government; but lie? haviog sought to destroy the nation, and being overthrown iu the attempt, the nation aluno through its law making; power can, and must prescribe, (or at least sanction) the terms and conditions of restoration. The Democratic posiiion as t understand it, H the reverse of those I have laid -down. 1st. They say civil government was not -Jestrnjcd in the revolted S'a'es by the rebellion and its overthrow, and that these dates-, by their on act, could place themselves in a tosition t' demand, as a matter i f riuht, admisMoti to representation in both Houses otAongres u, v vrngrca-. . anything wss necessary to the tederal Werninunt to j State to aicoinp','i.ii iheiri I'd. That if be dono by enablo these Mate to areomp restoration, it was an Kiecutive act, to be Ierfurmed by the President, and not a cgiidative act to be dono by Congress, and it being an Kxecutivo'act. the decision of tho President in conclusivo and binding on the other departments of tie Government. In his recent speech in the Senate, Mr Ilendtic-ks said, that, 4upon quctions of policy and propriety, men may bo educated by pssing events. We nuy change onr opinions in regard to rpestion of policy and propriety according to the changing cetiei that are pwiii; before ; but so far as th law ot ih country

v v,Cv.,. ,j . ,p ,.v. ... p,,,.,,,- ,l)0 Wir ....impj a provisional the Und, the lonsi.ianoi it-eil, how rt htX uU exf,lillBOllT. W1 so readily to chance onr otinion-7, , . . . , ,. , . . , ... "lernor, and directed a i-nnvrntion to be

- i . ! 1 1 . 1. - i , jjicuif uf iivi viiiiiiiT i ii hi. t w io not i allowed to le educated by pacing events. in regard to the proper meaning of the Cortfctituiion of the United States." Suppose we subject Mr. XI ci dricks' own opinions as to the legal and constitutional status of ihcfe revolted Mated to tho tet he here tavadown, and see whether ho is not in process of education on tbei-o grave

questions. . In his speech made in the!o,e..s docs not recognizjit us such

cirt-e, ii tiKJianapoiis, on ine our ujy of Augnst, IS: GO, and reported in tho Indianapelis Daily Herald of tho next day, speaking of ihe latus oi the rebel States, be then suid: "I believe that during the whole petiod of the rebellion the Governnient ot the States continued to exist, and look Tor 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 ia their character, and which were not to contribute aid to the rebellion were legal and valid, and that the acta of the Confederate Government, so called, were ub initio void. For myself, 1 do not believe that the President of the United Statea had any occasion to reorganize the State Governments. Tbat was toy opinion about it, but he thought it to be his duty, and peoplo aecepted his proposition, and the people gave validity, power and authority to tbat to which he could contribute neither." Here you will perceive that the Senator uses the word government in its proper sense, not to signify a mere inauinitte constitution or framework of government, bat as a vital, living Organization, having power to vxtke, execute and apply laws to alb the affairs of life. Ho furthermore maintains tbat legal, living organizations of this character existed in all the rebel States during the eatire period of the reTolt, and that all their acts of government, legislative, executive aud judicial, throughout the entire rebellion, were legal anu valid, aave ouly such as were political, or iu aid of the rebellion. . - Hence, when the war closed, according to our Senator. Georgia, for iustanee, hid a legal and valid Executive, i, legal and valid Legislature, and a legal aud valid Judiciary; and all ahe had to do waa to transfer her Senators from the Confederate Senate to the United States Senate, the same Legislature which elected them to lie one electing them to the other. On this theory, these Senators while in the rebel Senate wero thero by virtue of an election by a valid Legislature, but the aet of their election being a void act, they were void rebel Senators, and unon tho lection of the .same: mealy 'ihe sstns

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VOL. 7. NO. 11. Legiolaturo to the United State Senate, tfiey become proper aud valid Scuatora of the United States. 'J his theory is simple and easily understood, but ia about an reasonable and loval as it would be to contend that the acts of a woman who had dcccrtcd her ' uuu husband and lived in adultery with eniotbtr man were legal and valid acts as t . . against her husband, except on It the pingle act of violating the seventh commandtuen; and thin violation beinr illegal ond void, she could, of her own tuution, rcstoro herself to the home and bed of her outraged husband and be be buuud to receive her. Ifitis true that the rebel Sintis had ! ..... . ... : legal and valid Government., including legislative, executive and judicial departme tits, at the close of the war. it follows, Las Mr. Ilendricka ia)a, "that lhre was no occasion 10 reorganize tiitir ciaie uovtrn. mo ill-. It uiupt be admitted that Mr. Ilcndrick dues not Hand alone in U view of tho auljcc-r, an appearn lrom the fact that (iuvcriior Urown, of Georgia, .on the ud day of May, lkU5,i-ued his official prodamu lion, calling an txtra aeioll of the Legixlaturo of that Slate to convene on the 2-d day of the mine month. The lVe--dotit did not agree with Senator liendricka ama Guvernor 1'rown. a ia maiii lest from the fact that, on tho 1 4th Jay of" May. 1SC5. the Picsident. thrt nub bis military subordinate, Mj Gen. Giiiuorc. issued an order nnnullinir ihe rroclamalion, and prohibiting ihe meeting: and allerward, on ihe Iain day ot June, I Mid. ; Mr. Johnson lsucd his proclamation, a : r ' t ; pointing a Irovisional (iovernor U utoruia, in nructi na mjhi "mal luo re itiiion iio.i oepnvci vncjeopiooi mat; Si ate of all civ il government." I . II. I.I .J I .L . . . Tbo Republican party then MU lhllj,.,f that lle Present paid, and was liuht, aud Mr. Ilondticks and (foveruor iirowii were wrong, on ibis tjuestion, so far as the validity of ti e Stato Govcrmni nt of t'eorgiii was cmh fined. Jtut that State bad been depiived of .all civil goverument, and that tho President only (lid bis duty in annulling, by military ciders, thcuCiciul aits ot Governor lSrovvn. Put where stands the Scr ator now? has he not so fur progressed in bis "edncalion" in constitutional law to now stand on the Piesidenl's plailotn.? Jyet bis sprich delivered in tbo Stnste, printed in iho Herald of this city, issued on the 4th day of this month, define his present position, I speaking f thi Proliant' reconstruction ti e isurr, be s:iy : -Iii- vcrp-s; thill 11 tO aid u . (f v Uh . then was to aid the people by jiving i hem an r2aiiiZiiion just ns eiit any coi-sntutioiial pro vision on ti e mljct gives the peop'c of it Territory an enatding act, not berau.-o Congre-s has power as an 01 iginal thin; to establish a territorial Lovemiuetit, but beeatis Coi jress tins power to admit new States into tho Union. Congress may do that which will enablo tho peoplo to lot to Stato government. So the Kiecutive in this case, in my judgment, very properly did that which Would enablo tho pt-oplu to bring their State into practical relations wiih the Government." I hat is. according tu tho sjeech of August 8. 1 Still the President ov rihiew, by milita ry order, tho valid, legil State governmrnt of ttcnrui.-t which existed at tho " v 1 ruled to form a new p vcnimffit, and in doing all this be did a vtry proper thing tu euable the peojilo to bring their State int'i practical tejafiom to the (ioVrtiiuent; and the new blute Government built up on the min of the old, valid State organization which was overthrown by military orders, has sudden. y become valid also, and it is a gross outrage thnt Con Verily Here is process; out 1 am una bio to understand how it Was attained without ti change of opinion on questions iuvolviug luudatiiciilul principles of gov. eminent. If Georgia, at the closcof the war, had Si 9 a W a valid covcrnmetit, c -insisting ot an exccutivc, a leislutuie aud judiciury, which I Was competent to peilonn valid, noti. political acts all through tho wur, why could not this valid organization enable tho (eople to liiug that State into practic.il relations to the Guvcmmem? and what riuht had the President to.cvcrlhrow i. und when did the great body of the people ever ratify that overthrow? - To avoid the dilemma in which these different positions taken by our distinguished Democratic Senator at di lie tent times places him, be now resorts to a new definitiou of government.- It is not now a living, moral and political organism having the power aud the - instrumentalities wherewith to mako, executo and admiuis ter laws, but on tho contrary, it has become an inanimate constitution or . frame work of government,' a dead parchment iuto which, with proper Presidential aid, it is possible for the people ol the Siato to breathe the breath of life and make it a living political soul. (Jut lest I si.ould do injustice to the Senator, let him speak for himself.- Thus ho is reported: .1st. I deny that at tho closo of tho war there were no State Governments in the Southern States. ' What was the exact factjn regard to that mallei? No ono disputes that at the commencement of the wartherewere legal Stale Governments in the ten States now excluded from rep resentation.' These governments were organized under constitutions which the people had adopted. I submit to Sena tors, tben, as a question of law, what became of the constitution at the commencement of the war?" . If the Senator will tell mo, as a question of law, what became of these govern ments organized under these constitutions, I wilt tell him what became of tho houses or, shells in which they lived, moved, and had their le,tng. I thiuk they both went together to the place Uber all bad rebels go. '

mummm

"THE UNION. TUB CONSTITUTION, AND THE ENFORCEMENT OF THE LAWS."

The same logic that will destroy the organized machinery of government becaue of it particitancy in rebel. ion, will reach the frame wrk of the Government ttelf, when it too waa perverted to the 'I K CntiKtif uiiun of South CVrxlioa was just as much ptrt and r-H of the rebellion ax the uuna which that State owned before the rebellion, and which abe employed to demolish Fort Sumter. ' ii-ii i 1 1 t in anvuouy ten me tnai incso gunn after lein rsi tured by the National !ur ces, and alter the urniehMon , and alter the ur pihhitn of tho re bellion. aa a matter of riuht imiticdiately becametlte rroperty of South Cirolma became llu y wi te inanimato oljtcts and . . . . . .

incapabla ol lreaon; Are we told iliai orcaniza iona -o iuc put pe oi uib u) ng everything done to amend tho Conatitu. j ihe Goveriimen and dismembering ho tion of South Carolina so as to mako it na ioti. If his is ah'it he me.ms, -he reihe instrument of treason, or to pervert it sul of 'he loyjc is, thn a-irl el L;j:ila. to the cause of rebellion, was. illegal and i'tire, a rebel Kxccu ive and a rebel J udivoid. and that this Conrtitution is thcic- ciary are a bo er bond of union -hau no fore of on im pa ted validii)? I reply, m Legisla utc, no Kxecuiivc and r.o Judiwus every act of Governor Magrath, ot , fiary at II. Is uoi that aco her tctmiug St ulh Carolina, done in aid of the rebel- I paradox ? lion, illegul and Void. If , li e rebellion I'm suppose when it i said that a State, being supprvshfd, and tho Governor huv- J lo lo a Muto in the Union, tutist have a itir icn!-tl all . iiiioti to the constiiu- j political organization, nn organized govarnted authority ot the tia'.ion. and the Con- ! merit, under a Constitution, ii not meant, stiiution ol South Carolina being no long- j but simply a Constitution or frame-work of er used ua ntt instrument of rebellion, why 'government, 'i ben 1 say this ia amerönsdr ihu one ieu..rt to bit a vuli.l Governor Bcrlion: and I Oak iho Senator liy, if a

and tho oilier coutinuo to bo a valid Coustii u ion? The treason that was so general and so atrocious us to destroy the livinir oriran-1 iMn. d ragged down to the (.ravo with it I He inanimate iirrhtncnt whuli contitu tet the In ue or shell in which tho utl , orgn tiistu called l! e Govei nuient of South ! Caiolina lived, rix vid and bad its being. I I As well ttll ne ihnt lie b. dj lives when ihe t it it has det sr'ed as to nake me believe that a mere inanimate fiame work ftf a government can survive after its soul has been politically damned for the blackest ot trtason. Hut .'Bin, Mr. Hendricks says: "A State Constitution is tho bond of its organisation; not only the bond of political rgu ii ix itiort in-the Sla'e, but, to some extent, ihe bond that holds it to the Ted crti I Union. 1 do not very clesrly under stand (continue the Senator) bow n State can be in ihe Union without it Stato ov crnii cut ' 1 do understand that if a State should ce.iso to havo a government, (if I m-y so express w hat seems to bo a paradox ) licit the people would still oo tin lcr t l.o law and authority of tho Kcderul Government to tho extent of the jurisdiction of ibut Government. ut, sir, a Stjto to bo n State in the Union must bo a political oigatiiz ition." The wtrda ''political rrpn iiTx.H inn sre here u-ed by Mr. Ilendticks not to signify a Gove rnii eut in actual operation under a con-titutioii, but to signify the cotisti tuiion itself. Tor immediately afcrwards bo stiys: "Then, sir, when a Slate Constitution is onto formed, and the Stato under that Constitution is admitted into the Union, that State organiz.ilion is not a separate and independent thing, but iu its t rgatiizjtion becomes a patt oT the Kideml Union. The Constitution of the Ctate, when the State has been thus !- mil tel. lurnmm a part of fte Xattomil fiion nut! mntjutrt, and I deny thut the people of thut Slate have a right to destroy tlttir State (juvcrnuicnt uial llin cease t bu within Iii Union. I deny that u conI Tentiou of tbo people, that tho Legislature ol the Male, or any Btihllage bf the opto whatever can vol u itii il terminate the existftice of a State Government, and ti ti-. e n off their coiincc i mi with ihe Federal Union. I hat, in my j udvcuieot, c.jii only b; accoinplished with the coicent of all the State. Take the caso of L-uisi-ana. The people formed her Stato Govertimnit; under that ' Government and Constitution she whs admitted into tho Union. Is tbat Constitu'ion of tiers, (subject to bei amendment and her mod-itk-utioi fd'tour-e) not a part of tho Fedeial system when she it thus udmi.ted: and is it possible that that loud of socioty, that means of political organization can ecaso to exist, und that tbeie ia no longer uny State of Louisana?" as f 1 have made this IciiL'thv nuotation f-oiu Mr. Hendricks latt M-ceeh. so tnat I his pogitioo may bo fairly stated; so that y on m iy nut misunderstand, aud that I may not misreptcseut him by making a j partial extract. I He says that bo "does not very cleaily j understand how a Stato enn ba in the Union without a Slate Government," hero again using ihe word Government,! not to signify leg slature, an executive, ! and a judiciary, operating under a Con- 1 stitutiuu, but to mean simply a Coustituti'Mi. A State certaioly cannot be a Stale in .

the Union, complete and perfect in ali its I it follows that the Slate. In 1S31, stole u parts, without having both a Constitution j maich on the nation, and quietly slipped and an organized government in actual ; out or withdrew tl.c bond or ligantnt existence, peiloiming its functions under ' which bound it to tho Union, and substi that Constitution. JJut if we can under- tutud. or slipped w the place of it, a new stind how a State may be a State in the 'bond or ligament intended to peifoimthe Union, anu be in a condition of anarchy! same ifjre, without so much as saying to for tbo want of all existing machinery by j Undo Samuel "by your leave, sir," or. in. which laws can be enacted, executed and deed, without the old gentleman being

administered, can we not as easily uuder- f aware that the operation was lemg erstand why this anarchy ' may have gone I formed. ono step further, and left the S'ato not i The doctrtno that the reorle of. a State

fonly without a governmental organiza Uon, but also without a Constitution? A Stato in ' the Uuioti without' an or-1 gahized government, in a condition to per - form its proper functions, is just as valu able, practically, to tho people of the State and ot the Union, without a Constitution as with it. A State Constitution, without i:..n ;.iw... a government organized and in operation to carry out its provisions, is of no more value than is faith' without works, which, we are assured on the highest authority, Mis dead, being alone." Hut Senator Hendricks says : "1 do nnderstand that if a State should ceo so to havo a government, if I may express what seems to be a paradox,' the people would still be under the law and authority of the Federal Government to the extent of the IJurudiolion of that Government. "Hut, sir, i continues h, "a State to he a State

jjim)okvili.e. im, Friday, makcii is. tsra,

in the Union, must have a politic! orgaiiization. t I it not a much of a sreming paradox tbat a State should ccaso to have a ijcgtslaturc. an Executive and a Judiciary, and tili be a Slate, as it la to conceive! a State without a Constitution out air. Hendricks assures tis that a Stato to be a Stale in tho Union must have a political organization. If he means by this that a State must hove an organize gouernmeni, under a CoiiKtilution, o be a ira e in he i Union, tben maifes ly 'he rubel a o c uur - ' ng 'he war had no poll ical oigann ions, under heir Si are Coiti'u iobaexcfp. h"i-e which er rebel hrough and 'htow!i. and bending oil he power of 'heo Ma e i . : ; Stale mav bo a State in the Union without a Legislature, an hxecutlve, or a J udiciury, it m'ny not le a Siaie iu the Union without n Cotistitotioi ? The Senator uives bin reasons in the extract already quoted, and in doin; luw llmt h has progressed so far in his education aa to propound un entirely new theory ono . which M:.dison. Hamilton, so v ".a . . t . JJ, Marslall. fcfory and Webster never dreamed of. That theory is, that a State Constitution is not only the bond ol poliiical organization in the State,, but to some extent the bond that holds it to the Federal Union. That the Constitution of a State, wl en the State has been admitted into the Union, "becomes a part Of the Naticnal Union and compact, " and. therefore, while the State may amend or modify its Constitution, il cannot abrogate or destroy it I deny this whole theory, I deny that ihe Constitution of'uny tatc in the Union ever wa a pint of tho Constitution of the United States. If t ur Government is formed upon a compact at all (i question about which jurists und sta'tsutvi lavu dill't red) that compact is contuimd in the Constitution of the Uni-. ted State, and now bet c else. According to the theory I am now cotnbitittg, u State Constitution becomes, by the admission of tl.c Slute, a p.rt and portion of the c mi I ait that is, a part ot ti e-('onsiitutiou of ihu United States; and such a Stete, whilst it can not distioy its .'otrtltutioii, und thereby destroy hc coutpict, and tcaso to be within the Union, st ill may amend its Constitution, and tl.eieby amend tho national cimpact or the Constitution of the United Statea. Was ever : such a theory of governmeht brouched be fort? A iogle Stute uu.ciid the Constitutioti of the United Siatctl Amend the couipuct uuder which tie t.ntiin txits! In the yenr 1610 the people of the Territory of Indiana, iu jursuanco of an enabling act of Cougicss, tailed a t'oiisli tutionai Convention. Tbut Con veniion I'rati.ed tho Constitution under which our Stato was admitted into tho Union. The InuUMge of the preamble to that Constitution was os follows, viz: "c. the representative of the people of tho Territoty of Indiana,'' &c, -do !rdain ond establish the following Cobtiilu tion, or form ot govern merit," Jfce. In 1SI! the people ot tho Stato called another Consinutional a a ''omftid, siltrr or revive' v"ii ' vmivn ' tl o i'otistitution ' Ol lÖlli, und that Convention tuPt iu Ib&d. ' (Mr. Hendricks being a member of it ) I and made the present Constitution of the ! State, which was, iu IfcSlJ ratified by the ! people. '1 his Constitution, which Mr. Hendricks agisted to. make, does nut purport to be, and in n . proper scnso i?, un amendment ol the old one; but it purport to be, and essentially i, a new ii.situmcuf. The language is ru t tho language of amend meut. but the laiiguaae ot creation It tic preamble. "We, tho peoplo of the Stute ot Indiana.'' fco., "do otd'iiu this Cousiiiution." '1 he schedule to the new Constitution of 1S5I, says, "ibis Cousti union, if adopted, vball take tHect on the fi tt day of .November, 1S31, and thall supercede ibe Coonituliou ot 181G." 1 adduce these fads to bhovv that iho power to amend includes the power lo ablegate, according to the decision of the Convention oT 1SÖ0, of which Mr. Uend-'il ricks was a member, and in whoso action! a ho concurred. i b ti e-e fact before us. cannot, in their soveieign capacity, entirely abrogato a Constitution which is wholly tho woik of tbeir own bands, 1 whilst ihey may amend it; and the other j doctiioe that the abrogation of a State 1 Constitution would be a dissolution of the Uuion, aro both utterly without fyundal i i : in. tion in either reason or outhotity. The Constitution of a State ia no less tho creature of tho people of that State than is the Legislature, the Executive, and the Judiciary, and, as a question of power, if the one may bo destroyed, fo may le the oth er, and still tho Union be unimpaired, and tho jurisdiction of the United States over tho territory and people of that Stato bo &s complete as if no such wicked and foolish act had been committed. And here allow me to notico tho oft rereated assertion, that there who acknowledge ihe, power cf th repl of a Stato t

r u i ill lit Ii i ii i

destroy its government including not only na organization or the several departmenta . of Government, but also its Coimtitutioii upon winch the organization ia based, thereby concede the power of secession, J ne od vocates of secession in the South Ic-tight lor no euch abstraction as tbat involved lu the question, whether a State without a State t.'onMitution and Governtuent tus a State iu the Union, or no State in;, uuion th contrary, tney battled ; tor the right and the power to withdraw,! ; oy tneir own Mate sction, their territory and people lrom all obligations or alleju-1 i ante t the Goverumont and people of the Unrtcd Srstes.v--"'-Mr. Hendricks says he does understand

-I. is C-. a I lion ol that Civet ntnent I resp-ctfully suhmit that this ia not the dislution of tho Union, for the achievement of which the rebellion was inaugurated and prosecuted; and that a person may well believe tbat a State government limy bo d"stroyed without becoming secessionist. I believe that the governments of tho revolted States havo been utterly destroyed, and yet 1 designate them ss States in tho Union. During the war they wero S ntes in the Union, but at the samo time. States in rebellion. Since the close of the wur they are States it) the Union, but by reason of the war, States in anarchy, except ao far as order has been bieserved by the paramount uuthority of w i of ihe United Stales. Hut if any body j else shall contend that to the condition of lerri qu-rrel with them shot they aro reduced terntor:?, I shall not tout rtbine-; brcuu-o we both agreo that they did not su-oeJ in throwing off their allegiance to tho Uni ted States, and arc still completely within, and subject U the law-making power of the nation, to the extcut of its jurisdiction uuder the Constitution. THE GUARANTEE CLAUSE. A new exposition of tho guarantee clause of the constitution is also resorted to by the Democratic party iu its efforts to exalt ichehioii, und to testoio politbal power to tie bauds of tho men who for lour ycurs wucd a moat atrocious war ugnint the Government In destroy it. 'l lu eutiro section in which the guaran tco clause is f uiid. contains three diiinct clauses, each of which imposes a distinct only on tlfu United States. It reads us follows: '1 he united States shall every Stato in ibis Union term ot government; und guarantee- to a republican -lull protect Caih of t tic ui ugaiiist invasion; and on apptuat.oo of the Legislature or ol the ex ccutivc. (when the Legislature, cm not be convened,) lrom duuicstiu.iiolcnce."' In giving-ati exposition of this section in his lato speech iu the .enate, Mr. iJcudiieks ussumcs theso poaiiiou.: 1st. Thut the duty of executing the guarantee contained in the first clatw, testa upon the Oovernmcut of iho United Slates. iid. That tho clau?o imposing this duty is addrtsacd to oaeh dcpüiimei.t of ihe Goverument, and if tho act be done t. culuice tbo gu.ttauteo is judicial, then the duty id uj'uu the judiciary ; il a h pi-lativt act, ihe'i it is upon the Legislative department and if it be an executive act, l lie n the duty rests upon tho Kxecutivo. Ud. He treats tbo three distinct clauses ol the section as one entire clause imposing a inle duty, and rays the clause Ufdl contemplates existing; Stato governments, having a Legislature, and an Liecuttve Dcpatimtut, aud that it simply ini.

uiai ii a isiato anouiu cease in nave a gov-. the Constitouon is oddre.sed to rach deernment, that its people would Mill be un-; parfment of tho government? Is it not der the law and authority of the KeJ.rsl i lonilcftly abiurd lo ray that the language

('..iitci.ii.m to't'Oses tho duty on tue uovcruiuent ot tuo

i . i . i .... i a ? United State to protect, maintain and uieIe,"J ,,lat 'sl'"'g republican lorta ot Ouvcriitut ut. 1 admit tbat the duty of enforcing the entire section rests upon the Government ot the U tilted Mates, but deny that It is addressed to each derailment of the Government, loi the simple reason that neither of ibeee duties can be perlormed without the cxeicisc of legislative powers. True, Congiess may, (as ii has in relation to the thud clause), empower 'the Picsident to pcilorm the duty, but in do ing so he acts not by virtuo of authority, grunted him by the cotistilu ion, but in execution of the law ot Congress. Let us test the doctrine, tbat the duty of guaranteeing a republican from of gov cmtneut ii addressed to each of tho three depbrimcnts ot the government. if the doctrine i tiue, of course each separate d i artment u-usi decide to act l'... It I I X . .wm . ........ n ,I...a w si tirA ..v I IUI ll.sill. ilUff BUL'iliJSU IIIVIU OIU mu, VI you please, three rival governments in CUie, 'ae! claiming to bo the legitimate goverument of that Stato. I lie cu uso in that c;ix, will or may, according to this a c iitic, rpeak to euch department of the Geneial Government tepiratoy. and so speaking, it may require ot the PiC'idcnt a duty, cxecutivo in its character, aud. in. tho pcifrmauco of bis duty, he decided that government "A.," if you please, is tho true government; then. i the e.aus speaks tj Congress requiring it to peilorm a legislative act us to tho same question, and Congress decides that Government "11. ' is the legitimate one; then again, tho samo clause speaks to the Sujrcme Court to pci lorm a judicial duty as to iho same manner, and it decides thai Government "C." is the real Siuiou pure" old Dr. Jacob Townscnd. Jlero you havo threo conflicting decisions made by tho thtee ecparato departments of the Government,1 as to the same mutter, and ioruirghl that Mr. Hendricks has shown us, no possible means of reconciling this irrepressiblo eouflict." You have Congress, for instance, admitting Senator? elected by a Legislature that is repudiated by tho President and the Supremo Court; and you have tho Supreme Court rccoguiiing courts' as legitimate courts of the State,' the Judges of which aro sleeted by a Legislature which Congress and the President both repudia ted; and you have the President rccogni ing as Governr t f the St ite a j sr'on whom

!,

WHOLE NO. 324. Conresa and tho Judiciary denounce at a usurper. ; Dut our Senator las saved me the troable ot reluhng this theory, by doing tie work himself. In another part of Lis speech, in cotnroentirer unnn the Rhode Island case (Luther vs. JJorden and tiers. ih Howard pagel) he aava that the esse t "eMabluhea thin prnpiwiiion; that the Kx ccutivc of the United StMcs baviujt 'recognizeu a rMine government, the reoffnition ia binding upon the Judiciary.' ow. althoujjh the Court in that case ' established no such Di'o.lusition. Ut u. fur ; the sake of tho argument, mi-rote it did tnd , 0ii the.other position, that this section of nai va ine ,.ic-oi-UmrMJtx-tf mo un . .... . ... . . '. decision of the Lxecutive Department is conclusivo on the courts. Suppose tie cburta should Grst deeido one wsyj and the President afterward make a contrafy decision, then we should lave the spectacle of the President overruling the Supretrc Coutt. Hut Mr. Hendricks does not state the doctrine established iu the Rhode Island case coriectly. In tbat euso there were two rival Governments, each claiming to be the legitimate Government of fhe State of Ithode Island. (Ine was the bid Government existing at tho commencement of the Revolutionary wsp, and known as the "Charter Government," and tho other a new Government, known as the ''Dorr Government" An appeal was about lo bo niade'to tho sword to settle tho qoes tion which was legitimate. Governor King, tho acting Governor under the old Government, applied to the President for aid to protect the State from domestic violence threatened by the Dorr party, not because tho Constitntion itself gave the President powet to grant such aid. but be cause Congress, by a act passed in 171)0, had expressly authorized and empowered the Piesident "in case of an insurrection iu any State against tho Government thereof, on application cf the L-g slature of such Slate, or of the Executive (when the Legislature ran net be convened) to Call forth inch number cf th3 taiiitia of uny other State or States aa nvirht be applied lor, or aa the Piesident mipht judge cuiliuicnt to supj rcss stich Inmirectio.' The President recognized this call, and in doing so recognized Governor King as the legitimate Governor of Rhode Island. The question was lajtly presented to the Supreme Court in this esse whether the 'Char'cr'' Government of the Dorr Gov ernment wii the legitimate Government of the State of Rhode Island, Now the Court had to decido whether I that question was a political question or a judicial question. If it was a judicial question, the Oourt itself was bound to decide without refcience to what any other department lad decided or might decide. The Court in terras decided that it was a political question, and not a judicial ßucsiion; lud that iho Constitution of the niled States, in the section containing the guarantee clause, had plated the power to decide all such questions between rivul State.Gov ernmenta in the bands of the political departmeu'; that is, iu tbo bunds of Co nji i es. Uut tbat because Congress bud passed the act of 1705, giving the President the power of decidingwhether the ezioency had ariccn upon wi.ich tho Government of the United Slates was bound to interfere, Uis decision conclusive on tho Courts'. Tbo Court expressly say that Congrcfs might, if ihey had deemed it most advis-u-blo to do ao. have placed it in the power of a Coyrt to decido when tho contingency had happened which required the Federal Government to interfere. But Congress had thought otherwise, and had given the power to the President. That he is to so uct upon ibewipplication of the Legislature or Lxecutive ot the State, and consequently he must deteimiuo what body of men constitute the Legislature, and whoia Governor, before lie can act. And that his decision, because Congress had given him I lie power to decide, was binding on the J udiciary, I have said that this section contains t hi ec distinct clauses, each imposing a distinct duty on the Government of the United States. They are as lullugrs: Firstto guarautee to every Stato in tie Union a republican form of govern ment. Second to j rutect each Stato against invasion. Third Ou application of the Legislature or Executive, to protect each . State lrom dome-uo violence. I have insisted, too, that these three distinct duties urc primarily political or legjsat ve duties addressed to tho political or legisUt-ive department ot the Government and can nevji, under airy cireutiisiaucerf, b performed by thd President, or by the Couits, except as Congress shall give thero power to act. Let us test thi by a lew questions. How is tho President or a Court to protect a Stato from invasion without authority from Congress to sc.? Can tbe President by virtue of his office levy and subsist troops? Will the Courts issue writs of Ctpirs al rrtponJettdum and arrest iho invaders? How can either of these departments suppress an iuscfrrection, oi take one step in that direction without an act of Congress? Or" suppose a majority ot the peopie ot a Shale shatl; by a Convention duly called, abrogate tntir Republican ('onsiiluuon, and, with out violence, ere et a monarchy on its ruins in the hearts of the Republrc, can the Prcsidet.t, of the Judiciary, smite the bastard thing ns it deserves to- be smitten? C. early reason, as welt as authority, shews! that all these are political duties which must bo petfoimcd by Congress or by its authority. Rut again, look at the.positiorr that the duly of guaranteeing a republican form of government only applies to present existing republican governments. Wbst would be the result if a Stata should abrogate her Constitution without adopting another? 'iVherc, then, is yonr existing Mate Gov-

TERMS OF AP VERT I SING. ' " 11 " i ' fRAXMliTT." f ' 3aaaqr,(ta !!,) lartl.-.t1 tf Ja squara, two lnrtloa.... . 1 M na finis, thr lnrrtla. I S4 i It Mbsaasat tasrtfts, par e, tsN ... T 1 4 ft LT. Ooam!aia, rfe ()! jarHr1tofcM..7l t Torea-qaarifrs a (! . SS a I ta ÜD qasrtaf of a f Urnn ....,. JS M Oa-ei;bib f eolaaa .... ......... It ty TrsaleotsdTrtrfcMta aM ia aU tas 14

j paid far Ik atfvatiea. l'alrl a f Hlok!T tissa ts SreoKtl vkea ka4. f J Id, adriuiaat ai!l b kilV4 aaUl era Jredoat a4 aif 4 .eer"iglj. -- -- - ' ' ' J crnment? Does that which destroya the State Government also destroy with It Iba duty of the United S'atM In fetinrsnrrt tf eatb fctata a GoTrub.tLt 'rtpuinea'lai -form! ! ' . - " Or suppote that, by rejHjBted staeed oieuts, ihe State Government is pradtnllv but anrely eonverttd into tncoareby? Would the duty et Tb United StstVt cease because ihe very tbifjr. had oceerrtd which this clsuse wa daigad tw pr f"t? This is the one of tie very cases in which it would be the duty of Congress to overthrow auch an auii-Auisriea Giv erpn.ent.. .... Ur suppose a State to be wi;h"-u aa or" ganixed governmeot, and if you jdeasf, witbnut a Constitution, does ibe duty ot' the United State to protect it from iv sion cease at tho very tiru wlco pictru tion tnat be ttio-t neded? Mr. Hrndticks ii miataken, then, bei he rays that the duty of y uarsnteeirtg republican form of kovti amtu! contana plates' vn fx''Vjr Statt Uotttnaant rc publican in loiio. It is title, it 1 1 asp, tlit Mr Madiior; lt. Ilsbiilton and Judv Story do all teach that this clause docs contemplate a fre exi'itirtf State Government, republican iu lot m ; but a tre exstsy State Govern' ment, republican in form, ia one thlftft and an iMfinj State Govtrnmnt. rerub. licati iu form, is another and a dirJarent thing. A rrpnbllcab voternment nisy have pre existed, or once existed, and may oow be transplanted by a monarchy, at ii that is one of the very cases iff whk-h the clause must be executed. CONCLCSlf"!. I now ccnCdenily submit ihst .t lave clearly ertab'ished that under ibe law and the facts it was the liht and tie duty cf Congress lo intervene ia the restoratiou ot the 'revolted States, I j ovtrthiowiug ibi disloyal an'i lepnbliCati brgamutiotia called into being by the mandate Of Jar. Johnson, and by piuvidirg tit means wbieb would enable the irreal body of tbo people of thoe 8 ates to r-organiae local giivernuienia in harmony witb the Gov. eminent of th United S .t-s. I do n t propot to show that the action which Congress did adnkliy take to arconiplish' these end waa right, eonsti'utional and proper, for that has been so recently doneby Governor Morton in the Senat, wttVv a perspicuity if style, a purity of dietion. and a power of argument, which it would be a vain thing for me to attempt to irol täte. That specU baa never been answer ed, and neter will be answered, for the simple reasoti that it ia unanswerable. The premises 'on which be built that piaini, ii'ivai rn niiuis aic mm ui in aa iui everlasting hills," and his conclusions aa inevitable aa one of ibe demonstrations of Euclid. Lonz may he live an rrnatuint to the Senate, honored ol tbe nativu, and . tbo plida of hi State. The Diby'i Birthday. iraiTTKV av a Huv isa TiAsa or Aa. 'It is bnt Wihj's binhdavj l-t a clfhia' it 'uioiijt tae I ajj So out they run ix hula test Carrying with il tni ibie tLddrrf) tsv' Th t mr-)-nr-n'.i ram aiing at'out Al er ihe fltar lil'le air s, And tnai. a vat land tsln'H f..r bint Ami l ui on Uia lit-es, ob a. iirl. They rho'f a spot in ihe rte-mon hay,And Cartisd ibrir hetb ibcr; "I bey nao lim a itii.oi H'r-M , And limd lily buds in i u taw. The baii moon ros tolj up. And sl.oi down on llie-.rn. l-ra dar; .Ihe dstlli jis (hup their sweet jrnod-nij'rit A tl e no ot lie tri(ll tby hiar. blow sweet il i fr you to look hack On the riati hn you r a ctoi.i; lis iLanktol to lti-n wbo bro4t(rit yon taTat Ihroutt all of the ilansrou wild. Union Republican State Ticket. Yft Governor, Colonel CONRAD It A K EU, of VsniierWgi Per Lieutenant tlorerft r. Colonel WILD CL'MHACK. U Decatur. For Secre-ary f Sti,., Dr. MAX P. A. HoH MAN, f i-'or A'i'liior of bta'e, Major .1. D KVANS. or II. fniiion. For TraiJrr r f S a'e, Get'e al NATHAN KIMÜVl.l., of Martin. Frr Cleik of ihe S :;rTTr Coorl, Captain TIHSODOKK W. McC(7T, cf CUtrie; For Kepofter tf the 3i reire Court, Colonel JAM KS 1. JJLAC'K, cf Marlon. . lor Attorney fjeutu!, DELANA H WILLIAMSON, of Putt.ao; For Sueiinieideit of Public Instrtiction; liAtt A liAS 0 HOUD!?, of rTirjrre. . TIME TABLE. tPW'ARD TRAINS. Ciucagx loilisli.ipcri Cb'tenjiV Müh. A vom. Lipri. CIKCIXATI taraT:vuA.a. t:uuf.. V.lit.Ws Tails aA6ti6u " IH3 a.-J V:3S w.-n 6:fU S 16 Hrri.itt " Nw Trent " Cedar Grv " hUooKVll.LE Mstaiuuia " La-ar.i Athland Coniierivilla " t-72 :. ü::-t 7:3a 7:4 a:ud ' " A:4 S; Vo i " S:ZU tl 1 tf V V:s4 " lt';WJ " v.i:x ' IS:4J Milton " ls:.a C A M B n tl Ti: ar v e 1 Kiiiiittoa ' liua t .4 t'.':aU A.aV ; :0ti thvir.a. l"3..INllAALl.! l": ja r. w. KlCdAlO.VD Il:i5.u. UalCAUU ariir lu av r. . HOWSWAHff TÄA?. tla. tia. rTa. ivwa. Txit.-. lui. Ijar S:te r. m. tt.W cnrcAßO KI1.11M0ÜD .:2.M. SriUf. t lMlAAr"LIS" K liiehtviuwa " .t:f fl 4 . ...... : . .MO . e.:. :4 i;l " 7:4 " 'ait 4 CAM Hli I IM.!". Mil tea C'tii'.-v it's Ahtnd . Laurel MtainAa :e,l es; S.:. V:t'tf DU 7:4 STll 4 tl BROOKVJLLK Ctdarunr Nw Treotvt it. f V ts t Itrt tt Va'lav Jaootlba K2 " 10:40 ' .") CrNXlNM'IIar'e't:r w ll-S H.4 "