without any other government than Congress, unless the President should
undertake to govern it by military power. Startling as this proposition
may seem, especially to all who believe that "there is a divinity that
doth hedge" a State, hardly less than a king, it will appear, on careful
consideration, to be as well founded in the Constitution as it is simple
and natural, while it affords an easy and constitutional solution to our
present embarrassments.
I have no theory to maintain, but only the truth; and in presenting this
argument for Congressional government, I simply follow teachings which I
cannot control. The wisdom of Socrates, in the words of Plato, has aptly
described these teachings, when he says:--
"These things are secured and bound, even if the expression be somewhat
too rude, with iron and adamant; and unless you or some one more
vigorous than you can break them, it is impossible for any one speaking
otherwise than I now speak to speak well; since, for my part, I have
always the same thing to say, that I know not how these things are, but
that out of all with whom I have ever discoursed, as now, not one is
able to say otherwise and to maintain himself."[26]
Show me that I am wrong,--that this conclusion is not founded in the
Constitution, and is not sustained by reason,--and I shall at once
renounce it; for, in the present condition of affairs, there can be no
pride of opinion which must not fall at once before the sacred demands
of country. Not as a partisan, not as an advocate, do I make this
appeal; but simply as a citizen, who seeks, in all sincerity, to offer
his contribution to the establishment of that policy by which Union and
Peace may be restored.
THREE SOURCES OF CONGRESSIONAL POWER.
If we loot at the origin of this power in Congress, we shall find that
it comes from three distinct fountains, any one of which is ample to
supply it. Three fountains, generous and hospitable, will be found in
the Constitution ready for this occasion.
First. From the necessity of the case, _ex necessitate rei_, Congress
must have jurisdiction over every portion of the United States _where
there is no other government_; and since in the present case there is no
other government, the whole region falls within the jurisdiction of
Congress. This jurisdiction is incident, if you please, to that
guardianship and eminent domain which belong to the United States with
regard to all its territory and the peop
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