ss. Would you know their extent? They will be found in the
authoritative texts of Public Law,--in the works of Grotius, Vattel, and
Wheaton. They are the powers conceded by civilized society to nations at
war, known as the Rights of War, at once multitudinous and minute, vast
and various. It would be strange, if Congress could organize armies and
navies to conquer, and could not also organize governments to protect.

De Tocqueville, who saw our institutions with so keen an eye, remarked,
that, since, in spite of all political fictions, the preponderating
power resided in the State governments, and not in the National
Government, a civil war here "would be nothing but a foreign war in
disguise."[28] Of course the natural consequence would be to give the
National Government in such a civil war all the rights which it would
have in a foreign war. And this conclusion from the observation of the
ingenious publicist has been practically adopted by the Supreme Court of
the United States in those recent cases where this tribunal, after the
most learned argument, followed by the most careful consideration,
adjudged, that, since the Act of Congress of July 13th, 1861, the
National Government has been waging "a _territorial_ civil war," in
which all property afloat belonging to a resident of the _belligerent
territory_ is liable to capture and condemnation as lawful prize. But
surely, if the National Government may stamp upon all residents in this
_belligerent territory_ the character of foreign enemies, so as to
subject their ships and cargoes to the penalties of confiscation, it may
perform the milder service of making all needful rules and regulations
for the government of this territory under the Constitution, so long as
may be requisite for the sake of peace and order; and since the object
of war is "indemnity for the past and security for the future," it may
do everything necessary to make these effectual. But it will not be
enough to crush the Rebellion. Its terrible root must be exterminated,
so that it may no more flaunt in blood.

Thirdly. But there is another source for this jurisdiction which is
common alike to Congress and the President. It will be found in the
constitutional provision, that "the United States shall guarantee to
every State in tins Union a republican form of government, and shall
protect each of them against invasion." Here, be it observed, are words
of guaranty and an obligation of protection. In the