know, in fact, that those States compose mili- | It is our duty to advance, if we can; to suptary districts? It might as well have said "States " as to describe what is a State.

press insurrection; to put down rebellion; to dissipate the rising; to scatter the enemy; and when Mr. Baker-I do; and that is the reason we have done so, to preserve in the terms of the why I suggest to the honorable Senator that bill, the liberty, lives, and property of the peothis criticism about States does not mean any ple of the country, by just and fair police reguthing at all. That is the very point. The ob- latious. I ask the Senator from Indiana, (Mr. jection certainly ought not to be that he can Lane,) when we took Monterey, did we not do declare a part of a State in insurrection and it there? When we took Mexico, did we not not the whole of it. In point of fact the Con- do it there? Is it not a part, a necessary and stitution of the United States, and the Congress indispensable part, of war itself, that there shall of the United States acting upon it, are not be military regulations over the country contreating of States, but of the territory com- quered and held? Is that unconstitutional? prising the United States; and I submit once I think it was a mere play of words that the more to his better judgment that it cannot be Senator indulged in when he attempted to anunconstitutional to allow the President to de-swer the Senator from New York. I did not clare a county, or a part of a county, or a understand the Senator from New York to town, or a part of a town, or a part of a State, mean any thing else substantially but this, that or the whole of a State, or two States, or five the Constitution deals generally with a state of States, in a condition of insurrection, if, in his peace, and that when war is declared, it leaves judgment, that be the fact. That is not wrong. the condition of public affairs to be determined In the next place, it provides that that being by the law of war, in the country where the so, the military commander in that district war exists. It is true that the Constitution of may make and publish such police rules and the United States does adopt the law of war as regulations as he may deem necessary to sup- a part of the instrument itself, during the conpress the rebellion and restore order and pre- tinuance of war. The Constitution does not proserve the lives and property of citizens. I sub-vide that spies shall be hung. Is it unconstitumit to him, if the President of the United tional to hang a spy? There is no provision States has power, or ought to have power, to for it in terms in the Constitution; but nobody suppress insurrection and rebellion, is there denies the right, the power, the justice. Why? any better way to do it, or is there any other? Because it is part of the law of war. The ConThe gentleman says, do it by the civil power. stitution does not provide for the exchange of Look at the fact. The civil power is utterly prisoners; yet it may be done under the law overwhelmed; the courts are closed; the judges of war. Indeed the Constitution does not probanished. Is the President not to execute the vide that a prisoner may be taken at all; yet law? Is he to do it in person or by his mili- his captivity is perfectly just and constitutional. tary commanders? Are they to do it with It seems to me that the Senator does not, will regulation or without it? That is the only not, take that view of the subject. Again, sir, question. Mr. President, the honorable Sena- when a military commander advances, as I tor says there is a state of war. The Senator trust, if there are no more unexpected great from Vermont agrees with him; or rather, he reverses, he will advance, through Virginia agrees with the Senator from Vermont in that. and occupies the country, there, perhaps as What then? There is a state of public war; here, the civil law may be silent; there pernone the less war because it is urged from the haps the civil officers may flee as ours have other side; not the less war because it is un- been compelled to flee. What then? If the just; not the less war because it is a war of civil law is silent, who shall control and reguinsurrection and rebellion. It is still war; and late the conquered district-who but the miliI am willing to say it is public war-public, as tary commander? As the Senator from Illinois contra-distinguished from private war. What has well said, shall it be done by regulation or then? Shall we carry that war on? Is it his without regulation? Shall the general, or the duty as a Senator to carry it on? If so, how? colonel, or the captain, be supreme, or shall he By armies under command; by military or be regulated and ordered by the President of ganization and authority, advancing to suppress the United States? That is the sole question. insurrection and rebellion. Is that wrong? Is The Senator has put it well. I agree that we that unconstitutional? Are we not bound to ought to do all we can to limit, to restrain, to do with whoever levies war against us as we fetter the abuse of military power. Bayonets would do if he was a foreigner? There is no are at best illogical arguments. I am not willdistinction as to the mode of carrying on war;ing, except as a case of sheerest necessity, ever we carry on war against an advancing army to permit a military commander to exercise just the same, whether it be from Russia or authority over life, liberty, and property. But, from South Carolina. Will the honorable Sen- sir, it is part of the law of war; you cannot ator tell me it is our duty to stay here, within carry in the rear of your army your courts; fifteen miles of the enemy, seeking to advance you cannot organize juries; you cannot have upon us every hour, and talk about nice ques- trials accorded to the forms and ceremonial of tions of constitutional construction as to wheth- the common law amid the clangor of arins, and er it is war or merely insurrection? No, sir. I somebody must enforce police regulations in a

never said, any more. If it be slavery that I true to the Union to the last of her blood and men should obey the Constitution their fathers her treasure. There may be there some disfought for, let it be so. If it be freedom, it is affected; there may be some few men there freedom equally for them and for us. We pro- who would "rather rule in hell than serve in pose to subjugate rebellion into loyalty; we heaven." There are such men everywhere. propose to subjugate insurrection into peace; There are a few men there who have left the we propose to subjugate confederate anarchy South for the good of the South; who are perinto Constitutional Union liberty. The Sena- verse, violent, destructive, revolutionary, and tor well knows that we propose no more. I opposed to social order. A few, but a very ask him, I appeal to his better judgment, now, few, thus formed and thus nurtured, in Caliwhat does he imagine we intend to do, if for-fornia and in Oregon, both persistently entunately we conquer Tennessee or South Caro- deavor to create and maintain mischief; but lina-call it "conquer," if you will, sir-what the great portion of our population are loyal to do we propose to do? They will have their the core and in every chord of their hearts. courts still, they will have their ballot-boxes They are offering through me-more to their still, they will have their elections still, they own Senators, every day from California, and, will have their representatives upon this floor indeed, from Oregon-to add to the legions of still, they will have taxation and representation this country by the hundred and the thousand. still, they will have the writ of habeas corpus They are willing to come thousands of miles still, they will have every privilege they ever with their arms on their shoulders, at their had and all we desire. When the Confederate own expense, to share with the best offering armies are scattered, when their leaders are of their heart's blood in the great struggle of banished from power, when the people return Constitutional liberty. I tell the Senator that to a late repentant sense of the wrong they his predictions, sometimes for the South, somehave done to a Government they never felt but times for the middle States, sometimes for the in benignancy and blessing, then the Constitu- North-east, and then wandering away in airy tion made for all will be felt by all, like the visions out to the far Pacific, about the dread descending rains from heaven which bless all of our people, as for loss of blood and treasure, alike. Is that subjugation? To restore what provoking them to disloyalty, are false in senwas, as it was, for the benefit of the whole timent, false in fact, and false in loyalty. The country and of the whole human race, is all we Senator from Kentucky is mistaken in them desire and all we can have. Gentlemen talk all. Five hundred million dollars! What about the North-east. I appeal to Senators then? Great Britain gave more than two from the North-east, is there a man in all your thousand millions in the great battle for conStates who advances upon the South with any stitutional liberty which she led at one time other idea but to restore the Constitution of almost single-handed against the world. Five the United States in its spirit and its unity? I hundred thousand men! What then? We never heard that one. I believe no man in- have them; they are ours; they are the childulges in any dream of inflicting there any dren of the country. They belong to the wrong to public liberty; and I respectfully tell whole country; they are our sons; our kinsthe Senator from Kentucky that he persistent-men; and there are many of us who will give ly, carnestly I will not say wilfully-mis- them all up before we abate one word of our represents the sentiment of the North and just demand, or will retreat one inch from the West when he attempts to teach these doc-line which divides right from wrong. Sir, it trines to the Confederates of the South. Sir, is not a question of men or money in that while I am predicting, I will tell you another sense. All the men, all the money, are, in our thing. This threat about money and men judgment, well bestowed in such a cause. amounts to nothing. Some of the States which When wo give them we know their value. have been named in that connection, I know Knowing their value well, we give them with well. I know, as my friend from Illinois will the more pride and the more joy. Sir, how bear me witness, his own State very well. I can we retreat? Sir, how can we make peace? am sure that no temporary defeat, no momen- Who shall treat? What commissioners? Who tary disaster, will swerve that State either would go? Upon what terms? Where is to from its allegiance to the Union, or from its be your boundary line? Where the end of the determination to preserve it. It is not with us principles we shall have to give up? What a question of money or of blood; it is a ques- will become of constitutional government? tion involving considerations higher than these. What will become of public liberty? What When the Senator from Kentucky speaks of the of past glories? What of future hopes? Shall Pacific, I see another distinguished friend from we sink into the insignificance of the grave-a Illinois, now worthily representing one of the degraded, defeated, ernasculated people, frightStates on the Pacific, (Mr. McDougall,) who will ened by the results of one battle, and scared bear me witness that I know that State too, at the visions raised by the imagination of the well. I take the liberty-I know I but utter Senator from Kentucky upon this floor? No, his sentiments in advance-joining with him, sir; a thousand times, no, sir! We will rally to say that that State, quoting from the pas--if, indeed, our words be necessary-we will sage the gentleman himself has quoted, will be rally the people, the loyal people, of the whole

country. They will pour forth their treasure, | authority in executing the laws; and when the their money, their men, without stint, without question assumes the magnitude and takes the measure. The most peaceable man in this form of a great political severance, and nearly body may stamp his foot upon this Senate half the members of the Confederacy withdraw Chamber floor, as of old a warrior and Senator themselves from it, what then? I have never did, and from that single tramp there will spring held that one State or a number of States have forth armed legions. Shall one battle determine a right without cause to break the compact of the fate of empire, or a dozen? the loss of one the Constitution. But what I mean to say is, thousand men or twenty thousand, of one hun- that you cannot then undertake to make war in dred million dollars, or five hundred millions? the name of the Constitution. In my opinion In a year's peace, in ten years at most, of they are out. You may conquer them; but peaceful progress, we can restore them all. do not attempt to do it under what I consider There will be some graves reeking with blood, false political pretences. However, sir, I will watered by the tears of affection. There will not enlarge upon that. I have developed these be some privation; there will be some loss of ideas again and again, and I do not care to reluxury; there will be somewhat more need for argue them. Hence the Senator and I start labor to procure the necessaries of life. When from entirely different stand-points, and his that is said, all is said. If we have the coun- pretended replies are no replies at all. The try, the whole country, the Union, the Consti- Senator asks me, What would you have us tution-free government-with these will re- do?" I have already intimated what I would turn all the blessings of well-ordered civiliza- have us do. I would have us stop the war. tion; the path of the country will be a career We can do it. I have tried to show that there of greatness and of glory such as, in the olden is none of that inexorable necessity to continue time, our fathers saw in the dim visions of this war which the Senator seems to suppose. years yet to come, and such as would have I do not hold that constitutional liberty on this been ours now, to-day, if it had not been for continent is bound up in this fratricidal, devasthe treason for which the Senator too often tating, horrible contest. Upon the contrary, I seeks to apologize. fear it will find its grave in it. The Senator is mistaken in supposing that we can reunite these States by war. He is mistaken in supposing that eighteen or twenty millions upon the one side can subjugate ten or twelve millions upon the other; or, if they do subjugate them, that you can restore Constitutional Government as our fathers made it. You will have to govern them as territories, as suggested by the Senator, if ever they are reduced to the dominion of the United States, or, as the Senator from Vermont called them, "those rebellious provinces of this Union," in his speech today. Sir, I would prefer to see these States all reunited upon true constitutional principles to any other object that could be offered me in life; and to restore, upon the principles of our fathers, the union of these States, to me the sacrifice of one unimportant life would be nothing, nothing, sir. But I infinitely prefer to see a peaceful separation of these States, than to see endless, aimless, devastating war, at the end of which I see the grave of public liberty and of personal freedom.

Mr. Breckinridge—I shall detain the Senate, sir, but a few moments in answer to one or two observations that fell from the Senator from California

Mr. Baker-Oregon.

Mr. Breckinridge-The_Senator seems to have charge of the whole Pacific coast, though I do not mean to intimate that the Senators from California are not entirely able and willing to take care of their own State. They are. The Senator from Oregon, then. Mr. President, I have tried on more than one occasion in the Senate, in parliamentary and respectful language, to express my opinions in regard to the character of our Federal system, the relations of the States to the Federal Government, to the Constitution, the bond of the Federal political system. They differed utterly from those entertained by the Senator from Oregon. Evidently, by his line of argument, he regards this as an original, not a delegated Government, and he regards it as clothed with all those powers which belong to an original nation, not only with those powers which are delegated by the different political communities that compose it, and limited by the written Constitution that forms the bond of union. I have tried to show that, in the view that I take of our Government, this war is an unconstitutional war. I do not think the Senator from Oregon has answered my argument. He asks, what must we do? As we progress southward, and invade the country, must we not, said he, carry with us all the laws of war? would not progress southward, and invade the country. The President of the United States, as I again repeat, in my judgment, only has the power to call out the military to assist the civil

The Senator asked if a Senator of Rome had uttered these things in the war between Carthage and that power, how would he have been treated? Sir, the war between Carthage and Rome was altogether different from the war now waged between the United States and the Confederate States. I would have said-rather than avow the principle that one or the other must be subjugated, or perhaps both destroyed

let Carthage live and let Rome live, each pursuing its own course of policy and civilization. The Senator says that these opinions which I thus expressed, and have heretofore expressed, are but brilliant treason; and that it is a tribute to the character of our institutions