r E Class _£L4is__ Book SELF-PRESERVATION THE RIGHT AND DUTY OF THE GENERAL GOVERNMENT REBEL STATES BUT ORGANIZED CONSPIRACIKS-^IOT CONSTITU- TIONAL STATES. NOR ENTITLED TO STATE RIGHTS . SPEECH THE HON. JOHN A. BINGHAM, OF OHIO, In the House of Representatives, March 12, 1862. The House being in Committee of the Who'.e on the stite of the Union — Mr. BINGHAM said : Mr. Chairman : I recognize the right of every Representative of the people to rise in his place here, if he is so minded, and if it be according to his convictions, when a bill is under considera- tion to impose taxes upon the people to the ex- tent of $100,000,0;)!) or more, and oppose the bill on the ground that he has no confidence in the Adn:iiuisiralion, or any part of it. Mr. WADSWOilTH. The gentleman will ex- cuse me. I did not say that. Mr. BIN jrllAM. I will allow the gentleman to make his corrections in the Globe. I used the words vvtiich I took down from his lips — that he had no confidence in the Administration, or in any part of it. I am very glad to know that the gentleman has confidence in the Administration ; but 1 cer- tainly understood him to announce to the House that he opposed the bill because he had not con- fidence in the Administration, under whose direc- tion the money was to be disbursed ; and I un- derstood perfectly well, as every gentleman un- derstands perfectly well, that it is the duly of the Representatives of the people to refuse to rai.se revenue when they know it is to be expended through an executive department of the Govern- ment in which and in the members of which they have no confidence. The first duty they owe to themselves and to the people they represent, when the attempt is made to raise revenue which they believe is to be controlled by a corrupt Adminis- tration for corrupt purposes, is to resist that at tempt, and insist and demand, in the name of all the peopK', that the corrupt oflficials be impeach- ed and hurled from the high places which they have dishonored and disgraced. The gentleman, however, now disclaims an entire want of confidence in the Administration, and also diselaims opposition to this bill. It the gentleman has confidence in the Administration and is in favor of the bill, why did he start out in his speech in opposition to this bill, and end in opposiiion to the Administration and the friends of tae bill and tiie Administration ? The gentleman, in his oiirk of Cain upon his brow as hia brother's murderer and drive him out a fugitive and a vagabond in the earth, or hunt him down as a traitor, and send forth legions i ix hundred thousand strong 'o invest him in his treasonable capital, drag him to the temple and the altar of justice, convict him of his hellish treason, and, in the solemn language of the old law, " hang him by the neck until he be dead " I want to know whether, if the gentleman's assumption is good for him, it is not good for Jefferson Davis, who has assumed to go out of the Union bo- cause you did nof hy law g've protection to slave property everywhere within the legisla ive jurisdiction of the country, by land and by sea; that is his position. There is no question about it. He has spoken it more than on e in his character of President of the confederate States of America. The gentleman seems to be an apt student of the original leader in this rebellion. I say, sir, for myself, and it is because I apply the rule to myself that I believe it ought to apply to the gentleman, that it is my duty as a citizen of the Repub ic to bow to the majesty of the law in whatever form it comes, and claiming for myself, if 1 deem the law unjust, the right which always belongs to the citizen, to seek its repeal by my vote and my voice, and in the mode prescribed seek its overthrow in the judicial t ibunals of the country. That, sir, is the extent of my priv- ilege and of the privilege of every individual citi- zen acting in his individual capacity. In saying this, I do. not deny the inherent, sacred right of revolution in the people. I admit if the Govern mentof the United States arrogates powers which do not belong to it, imposes upon the people such burdens as are too grievous to be borne, they may, as a last resort, after all peaceable means of redress have been faithfully tried and have failed, and if further submission is more danger- ous to their lives and liberties than armed re- sistance—then, and not till then, may they em- ploy force. That is the common judgment of mankind Mr. WADSWORTH. I subscribe to all that. Mr. BINGHAM. I am glad that the gentle- man does subscribe to it. If he subscribes to it and acts upon it, he will not be swift to advise Kentucky to arm to resist the Government of the United States, if a majority of Congress, with the President, conclude, and legislate acco dingly, that the slaves of rebels in arms shall be de- clared freemen, and shall be no longer compelled to sustain treason. This Government has the right — which belongs to every legitimate Government kcovrn among men — of self-preservation. If it becomes neces- sary, in order to preserve the f-tate, to sacrifice [ the lives of the best, the bravest, the noblest in the land, their lives must be saciificed. In the , providence of God, it has always been and al- j ways will be, to the end of time, a national ne- i cessity thist some must die that the State may i live. The ques'ion, then, is this : if it becomes i necessary for the preservation of the Constitution '; and for the maintenance of our nationality — the , youngest born wnd the noblest of the earth, known as the Republic of the United States of America — -to sweep awa^^ this modern c'vilizer of the children of Dahomey, will the gentleman, on that account, rise in revolt against his coan- , try? That is the question. Mr. WADSWORIH. I prefer the Constitution to nationality. \ Mr. BINGHAM. The gentleman prefers the Constitution to nationality. I prefer not to be diverted from my argument, nor needlessly in- terrupted. There is no nationality without a \ constitution, either written or unwritten. There | never was, and there never can be. "iou might j as well talk of pulsation without arterial action as to talk of a nationality without a constitution or system of Government. Mr. WADSVv'ORTH. Has France got any ? Mr. BINGHAM. Yes, sir ; she is a nationality, and she has a constitution of government, and so has every other nationality. I said a written or unwritten constitution was essential to nation- ality. They are one and inseparable. They never did exist and never can exist separately. There can be no constitution without a nation, and there can be no nation without a constitu- tion ; they go together. But I am am:;zed that a gentl?raau should come here and tell me that the Consti utiou and thia new civilizer are one and inseparable. That is whatexcites my speci il won- der. The gentleman says he did not tell me so. It is hard to tell what he d d mean by his interruption. Mr. WADS WORTH. I beg he will not fight a man of straw. Mr. BINGHAM. I beg the gentleman's pardon for supposing him to be a man of flesh and blood. Mr. (Jbaiiman, there is nothing further from my purpoe than to do injustice to the gentle- man from Kentucky, or to anybodj' else. If the remark which I made does not apply to thegen- tlem in f om Kentucky he ought not to have in- terrup'^ed me at all. For the honor of my coun- try, and in [-acred regard for the Constitution of my country, I f ffirm that slavery and the Con- stitution are not one and inseparable. 1 do not say that the gentleman does in express terms say so. But I stand here to repel all iminuatiorui of that kind, come from what quarter tliey may. I say, in the lan- guage of Madison, that the Constitution is a great charter of human liberty, and that it "would have been wrong to admit in that instrument that there can tie property in man;" and hence its framere declared that it was not fit to incor- porate even the word " slave" or " slavery" or " servitude" in that instrument, for it was in- tended to lire through all coming time, and it should not transmit to all after generations of men the fact that any such system of " civiliza- tion" as the African or domestic slave trade, and all its kindred atrocities, existed at any time among the American people or within the limits of the Republic. The Constitution declares for libprty and justice, and not for slavery and des- potism. Mr. Chairman, I am tired of the supercilious air with which gentlemen assail as vi latorsof the Constitution and enemies of the Union the friends of every measure which is escusively for the com- mon defence, or which proposes to condemn the property and liberate the slaves of armed rebels. Wherein do we violate the Constitution, pray? The gentleman from Kentucky, [Mr. Wadsworth,"} when I had the honor to address this House be- fore on these great questions, that tovyer above all o' her questions to-day because they touch the preservation and safety of the Republic, seemed to be filled with a holy horror because I ventured to assert in my place here that the four millions of slaves held by half a million of armed rebels, and by whose unpaid toil their atrocious rebel- lion is sustained, ought to be liberated, and pro- tected, too, if they would seek shelter under the flag of American liberty. As the gentleman then and now has chosen to assail me for this, I may be pardoned for calling hij attention to the inquiry, what further did I say in that connection on that day and in the hearing of the gentlenuan ? I said that every loyal citizen in this land held his life, his property, his home, and the children of his house, a sacred trust for the common defence. Did that remark excite any horror in the gent'eman's mind ? Not at all. I undertook, in my humble vray, to de- monstrate that, by the very letter and spirit of the Constitution, you had a right to laj' the lives and the property and the homes, the very hearth- stones of the honest and the just and the good, under contribution by iaw,thatthe Republic might live. Did that remark excite any abhorrence in the genileman, or any threat that fifteen slave States would be combined against us ? Not at all. I stated in my place just as plainly, that by your law you might for the common defence not only take the father of the house, but the eldest born of his house, to the tented field by force of your conscription, if need be, and subject him to the necessary despotism of military rule, to the pestilence of the camp, and the deslructioa of the battle-field. And yet the gentleman was not startled with the horrid vision of a violated Con- stitution, and there burst from his indignant lips no threat that if we did this there would be a union of fifteen slave States against th ^ Federal despotism. I asserted in my place, further, that after you had taken the father and his eldest bora away, and had given them b)th to d?ath a sacri- fice for their country,you could, by the very terms of the Constitution, take away the shelter of the roof-tree which his own hands had reared for the protection of the wife and the children that were left behind, and quarter your soMiers beneath it, that the Republic might live. And yet the gen- tleman saw no infraction of the Constitution, and made no threat of becoming the armed ally of the rebellion. But the moment that I declared my conviction thiit the public exigencies and the public necessities required, that the Constitution and the oaths of the people's RepresentatiTCs re- W«Bt. E^e. Hlat. 8o« quired, that by your law — the imperial mandate I of the people — the proclamation of liberty should go forth over a'l that rebel region, declaring that every slave in the service of these infernal con- spirators against your children and mine, against i your homt-s and mine, against your Constitution ■ and mine, agains' the sacred graves of your kin- [ dred and mine, shall be free, the gentleman rises \ startled wiih the horrid vision of broken fetters and liberated bondmen, treason overthrown, and a country rtdeeme niversill. recognised amongcivilized nations; and I should like to see the gentlem-n who talk so loud against it brifg some authority to show the contrary, not shirk the question by talking about indicting a whole people. The rebels in this case indict themselves; they con- fess in oncn court Let me repeat: 1 assert that it is the accepted law at this hour among civiTzed nations, that when in a j ist war the c>)nqueror acquires prop- erty, by capture or l>y conquest, he holds that property, if he so wIUh and has the force, until the peace, and continues to hold it afterwards, unless he voluntarily surrenders it. I hold that to be a principle recognised by our own court in the case of a harbor in Maine possessed by Great Britain in the late war. They would have held it until this day if they had been strong enough and had not voluntarily surrendered it. There was nothing in the law of na'ions to oblige them to suriender it. When gentlemen talk about the difference between a foreign and civil war, 1 want to know it the Government of the United States should not be indemnified for the cost of suppres:iing this unjust and bloody treason out of the property of the rebels in arms ? There is but one answer; that is, t lat it is the right of the Government to take the indemnity, if she has the force to do it. Much is said about private property being respected in war, save enemy property at sea; that the usage is only to take public property on land I admit the usage in general, in international war; because, by such a rule, the means for just indemnity by seizing all property of the sovereignty, and of all its subjects at sea, and taking the public property on Lind, is sufficient; and for the further reason that the subject must obey his sovereign, and is therefore not .\ our enemy of choice. These rebels have no sovereignty ; they are simply organized conspirators, waging civil war against the people and the peop e's sovereignty. They have no pub- lic stores, and can have none ; all the property they hold is enemy property, belonging only to them as rebels and enemies in arms It is the nght and duty of the G vernment to take their property tor indemnity by capture and condem- nation, and to liberate their slaves to weaken them; and for the further reason that the Got- ernment has the right to the service for defence of all its citizens, and espscially of all who de- sire to aid the Government. I scout the alleged sovereignty of these rebels; they are simply an orgnnized mob, nor more, nor less. The gentleman says he is fir the Constitution. So am I. The gentleman says he respects his oath to support the Constitution of the United States. So do I. I do not doubt his sincerity. I do not stajd in my pla -e to te'l the gentleman that he violates either his oath or the Constitu- tion when he lefuses his assent to su h legisla- ti )n as he canno. approve, and I respectfully deny his right to say th it I am not acting in conform- ity to my oa^h to support the Constitution Mr. WADSW RTH. I did not. Mr. BINGHAM. Then I misunderstood the gentleman. Mr. WADSWORTH. I certainly would not treat the gentleman olhersvise than with cour- t -sy, and I c mnot imagine in what sentence of my rt marks the Kenrleman drew such an inference. Mr. BINGHAM. I am vc-y glad to know the gentleman did not. I must have misapprehended bis rem -irks in that respect. Now, sir, it is the duly and right of this Gov- eramt nt to use whatevi r force is necessary to c ush out this treason and to crush out every- ihing that stau'ls in the way of our arm^ ; to use wh itever just means will tend to strengthen the Govprnment, aud whatever will tend to weaken tue enemy. Does not every gentleman know — I pity the intell gence of the man w^o does not know--that here are fjur millions of enslaved men, who dig the trenches and build the fortifi- cations of the enemy, who cultivate their fields, j gather their crops, and furnish them the bread on "which they live. I would like to see the man rise here in his place and say that it would not weaken the enemy to take from them these four millions of men who thus furnish their support. I would like to see the man who would express it as his conviction that it would not weaken the enemy to take from them one-third their popu- lation, and that portion of their population whose labor provides solely and exclusively, almost, to them the means of subsistence. They might al- most as well undertake to live without the bright heaven above them, filled with the life-giving breath of the Almighty. I now come to the other pont, and I desire to be very brief upon it. Genllemetftalk about the rights of the btates. I heard something upon that subject yesterday, and it was brought up again to day. Now, sir, 1 wish to say that not one of the eleven rebel States is to-day a State in the Union. The territory is in the Union, the citizens of the original State are in the Union, and still owe allegiance to the Constitution of the United States. They cannot get the territory out of the Union. They cannot run away with it. It is anchored and fixed there : it is a part of the common heritage of the whole people of the Republic. 1 know Floyd would steal it if he couli, [laughter,] but it is beyond the reach of a thief. The territory is there, and there it will abide forever ; the people are there, but there is no constitutional State — no State in the Union or of the Union there ; that maddened multitude, the majority of each of the original States in that rebel district, have voluntarily destroyed their respective constitutional Sta,te governments. I rather think the gentleman from Kentucky knows that as well a.s I do, or as any man in this House. Mr. Chairman, as every gentleman is for the Constitution, and especially as the gentleman from Kentucky claims to keep special watch and ward over it, I desire to r?ad a single sentence to prove t' e truth of what I say, that these rebel States are not States in the. Union, but only rebels in arms within the territory of the Union, and without a constitutional State government. An illegal State constitution is simply void as to the United States Government. The Constitution of the Uniied States declares — " The Senators and R.jpresentatives aforesaid " — that is, ot the United States — " and the members of the several State Lfgislatnrcs, and all execiUive and judicial offlcers, both of the United States AND OF TiiK fiEVEUAL STATES, shall bo buuud by oath or atlirmalimi Ui s-upiiorttbis Constitution." — Consliltilimi of the UniCedi^ta'fx, Art. 6. The Legislature of every State in the Union, and all the juUcial and executive offii:ers thereof, must be bound hj oath or affirmation to sup- port this Constitution. Without this obligatioa taken ani accepted they cannot in law exist as the offi -ers of the departments of a State gov- ernment iu ihp Union. There can be no State in the f^/wn without these several departments. That wunldbe a curious Republican State without alegislativ aittdan executive and ajudic'al de- partment. Ifthprebe no such State departments so bound to snip .rtthe Constitution of the United States in that rebelree;ion, asl know th're are not, then I care not what forms and shams of govern- ment they m ty have ; they are but organized con- spirator 1 and traitors. They have no State rights and can have none without constitutional State governments. Is there a Legislature in South Caro- lina to-day bound by oath to support that Con- stitution ? They are sworn by an oath to over- turn it. Is there a judiciary in South Carolina to-day bound by oath to support this Constitu- tion ? They are sworn by an oath to trample it under foot. Is there to-day in South Carolina an executive bound by oath to support this Con- stitution ? He is sworn by an oath to destroy it. These rebels have destroyed their respective State constitutions. State constitutions ctn only originate by the act of the people in the several States, and by them they may be destroyed. They have broken down their State govern- ments; they have no Legislature which, to-day, under the Constitution of the United States, can rightfully impose a tax upon any man's property, within their limits. They have no right to legis- late at all. They are simply traitors, wearing the robes of office. There is no State govern- ment in South Carolina, nor in Florid-i, nor in Texas, nor in Louisiana, nor in Mississippi, nor in Arkansas, nor in North Carolina, nor in Ala- bama, nor in Georgia, nor in Tennessee, nor in Virginia, known to the Constitution, or entitled to a moment's consideration. I would like to see the man, if there be such a State-rights man, rise here and say that the Legislature of South Carolina, with the oath of treason fresh upon their lips not to support the Constitution, but to overthrow it, have the right to elect a United Spates Senator, or to enact a law aflfeciing the life, liberty, or property of any citizen ot the United States. The powers of the Federal Gov- ernment in the territory of South Carolina are, in the absence of a constitutional State govern- ment, as exclusive and general as they are in the District of Columbia. Why so? Because throughout the limits of the Republic the United Stales Government has exclusive legislative power, save where there is a constitutional State government. Otherwise tire Co stitution and Government could not be maintained, and the great end of the Constitution carried out. Wh.it is the end of the Constitution ? As I said to the gentleman the other day in debate upon the President's emancipation message, its first and chief purpose is to protect the loyal citizens of the United States everywhere in their lives, liberty, and property. The citizens of every State now in the Union, and all who were citizens in the original States now dissolved by rebellion and treason, are citizens of the United States. Is the Constitution of the United States so weak an in- vention that, in the absence of a State govern- ment, it cannot establish courts of justice in any district or Territory within its limits for the pur- pose of protecting the property of every loyal cit- izen, and his liberty and life as well ? I would be ashamed to go to your tribune to take the oath to support the Constitution if I felt in my heart that it was so weak an invention that it did not pro- vide for even this first duty of a government. I assert the proposition here to-day, and I chal- lenge contradiction, that the Government of the United Staes has full and ample powers tor all of these purposes within the original limits of the revolted States ; and we ought to exercise them if we have any respect for the oaths we have taken. We must exercise these powers until the people of the rebel districts, now reduced to the condi- tion of Territories by their own act, shall return 8 to their allegiance, and re-establish State govern- ments under the Constitution, and bind the sev- eral departments thereof by an oath to support the Constitution of the United ytates. I ivill never consent, sir, that South Carolina, or any revolted State, shall send a Representative upon this iloor until every officer of every depart- ment of that State shall have become bound by an oath to support the Constitution of my country. We have no right to consent to that ; they have no right to demand it until thej- so reconstruct; their State government. We have the right, and it is our duty, to provide by law for the administra- tion of justice in that Territory. We have the right to send our tribunals to South Carolina in order that justice may be done to our loyal citi- zens. Has the patriot Pettigru, in that rebel city of Charleston, faithful found among the faithless. Standing fast lor the integrity of the Union and Constitution amid the wild howl of treason, no claim to the protection of this Government, and to be protected there in his home? That good old white-haired man, what true citizen would not run out in a storm to meet him and to help him? He is an honor to human nature. Un- awed, unseduccd, and unsubdued, he clung to the Constitution amid the fulling pillars of the temple, and alone amid the conspirators he is for the Constitution still, and cherishes the hope of its restoration as he cherishes the ho|eof a bet- ter life in the land of uprightness. Why, sir, amid the thunders of the infernal enginery of treason, battering down the walls of your doomed and burning fort, he denounced the treason, refused to strike hands with the traitors, and stood by the old liag. I ask you, has that brave, good man no right to claim the protection of your laws in Charleston? Such fidelity, such loyalty, may justly demand the protection of the Government. If you would administer justice between man and mm in South Carolina, you must estrtblish a caurt of justice there that will take the oath to support the Constitution of the United States, without which no court can right- fully sit anywhere in the United States. And if the worst comes to the worst — if these traitors imbrue their hands in the blood of loyal citizens — how can you refuse to provide the tribunal to make them pay the penalty of their atrocious crime upon the gallows? Mr. Chairman, I trust that I have as much charity as other gentlemen ; but, sir, I beg leave to say that the Representaiive who will stand up in his place and deny the right of the Govern- ment to provide speedily and effectively for the administration of justice in the revolted States, commits a crime which would require a charity broader thau the charity of the Gospel to cover. He is in a condition to strike hands with the rebels themselves. Is nothing to be done beside sending conquering- armies to Imrn and destroy as they go? That is a needful thing; but I would also send the white-robed ministers of justice. I would put them into the deserted temples of justice, and place in their hands the sacred scales, and bind them by an oath to do equal and exact justice to the poor and the rich, the stranger and the citizen. I would let it go out that those who submit to the law shall have their protection under the law, and that those who revolt against the law should not only find the armed soldiers of the Union pursuing them unto death, but they should find as well the swift hand of justice^^,lllng upon them, and the majesty of the law declar- ing, "you are my prisoner, a prisoner against offended justice, because you have invaded the rights of citizens of the United States who were entitled to protection under the law of the land.'' Let these rebels know that by confed- erating as conspirators for the overthrow of the on'y form of State government which could exist under the Coustitution, they irust submit to the administration of justice i^roposedunUl they can get another State organization under the Constitu- tion. The only limitation that is imposed upon the power of this Government in the premises is, that whenev^ any of these Territories presents a State government organiz d in subordination to^ the Federal Constituiion, and recognised as such by the Federal Government, the State authority will be again established. That, sir, is my argument in reply to the suggestion about State rights. Those who would assert State rights must or- ganize a judiciary under solemn oath to support the Federal Constitution ; they must orsranize a Legislature on solemn oath to support the Federal Consiitution ; they must organize an executive department upon a solemn o,tth to supjicrt the Federal Constitution ; and until thev do that they cannot exercise State rights. Thus their treason- able civil organization, while it is void as against the Federal Government, operates an absolute forfeiture of all their powers and rijihts as States. It is perfectly clear to my mind that no State which once existed in this Union can destroy itg constitutional State government without the per- jury of its Legislature, who must, by providiag for secession, break the oath by which they were bound to support the Constitution of the United >'tates. The executive, legislative, and judicial officers in those rebel States who aided this de^ struction of their constitutional State — and nearly all of them did so — only accomplished it through their broken oaths. They stand this day clothed with perjury as with a garment before their God and their country. Yet, after such black infamy as this, we hear all this clamor about their State rights and their private rights and the sacrednesa of their divine institution — that great civilizer. The gentleman spoke of Kentucky going away from the Union. The gentleman says now that she is not going. I am glad he has changed his mind, and is willing to let her stay. But he stated before, that if Congress interfered with the civ- ilizer she would not stay. I would like him to tell us how Kentucky would go out of the Union if she should be mad enough to try it? It depends upon circumstances whether she will remain in the Union or not. I hope circumstances will constrain her to stay. We beli -ve that the initiation of emancipation, of full and complete emancipation, will put an end to this civil war. After slavery is abolished, or put in process of ultimate but certain extinction, there will be nothing left for traitors to fight for. It is the sole cause of this great treason, and it is time that the world knew and comprehended the fact. This great war is a conflict for freedom and free institutions on the part of the armies of the Union, against armed traitors, who seek to build and perpetuate upon the ruins of repre- sentative government the most unlimited and atrocious despotism the world ever saw. i^