or a part of a town, or part of a State, or the whole of a State, or
two States, or five States, in a condition of insurrection, if in his
judgment that be the fact. That is not wrong.

In the next place, it provides that that being so, the military
commander in that district may make and publish such police rules and
regulations as he may deem necessary to suppress the rebellion and
restore order and preserve the lives and property of citizens. I submit
to him, if the President of the United States has power, or ought to
have power, to suppress insurrection and rebellion, is there any better
way to do it, or is there any other? The gentleman says, do it by the
civil power. Look at the fact. The civil power is utterly overwhelmed;
the courts are closed; the judges banished. Is the President not
to execute the law? Is he to do it in person, or by his military
commanders? Are they to do it with regulation, or without it? That is
the only question.

Mr. President, the honorable Senator says there is a state of war. The
Senator from Vermont agrees with him; or rather, he agrees with the
Senator from Vermont in that. What then? There is a state of public war;
none the less war because it is urged from the other side; not the
less war because it is unjust; not the less war because it is a war of
insurrection and rebellion. It is still war; and I am willing to say it
is public war,--public as contra-distinguished from private war. What
then? Shall we carry that war on? Is it his duty as a Senator to carry
it on? If so, how? By armies under command; by military organization
and authority, advancing to suppress insurrection and rebellion. Is that
wrong? Is that unconstitutional? Are we not bound to do, with whomever
levies war against us, as we would do if he were a foreigner? There
is no distinction as to the mode of carrying on war; we carry on war