ry human being who comes or is brought under our
jurisdiction. "We have no right to do in one place more than
in another that which the Constitution says we shall not do
at all. If, therefore, the Southern States were in truth out
of the Union, we could not treat their people in a way which
the fundamental law forbids. * * *
"If an insurrection should take place in one of our States
against the authority of the State government, and end in
the overthrowing of those who planned it, would they take
away the rights of all the people of the counties where it
was favored by a part or a majority of the population? Could
they for such a reason be wholly outlawed and deprived of
their representation in the Legislature? I have always
contended that the Government of the United States was
sovereign within its constitutional sphere; that it executed
its laws like the States themselves, by applying its
coercive power directly to individuals; and that it could
put down insurrection with the same effect as a State and no
other. The opposite doctrine is the worst heresy of those
who advocated secession, and can not be agreed to without
admitting that heresy to be right.
* * * * *
"This is a bill passed by Congress in time of peace. There
is not in any one of the States brought under its operation
either war or insurrection. The laws of the States and of
the Federal Government are all in undisturbed and harmonious
operation. The courts, State and Federal, are open and in
the full exercise of their proper authority. Over every
State comprised in these five military districts life,
liberty, and property are secured by State laws and Federal
laws, and the national Constitution is every-where enforced
and every-were obeyed.
* * * * *
"Actual war, foreign invasion, domestic insurrection--none
of these appear, and none of these in fact exist. It is not
even recited that any sort of war or insurrection is
threatened."
"Upon this question of constitutional law and the power of Congress,"
the President gave quotations from "a recent decision of the Supreme
Court _ex parte_ Milligan." Having commented upon this opinion, the
President proceeded with his objections:
"I need not say to the Represen
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