Even if not conceded to the President, these powers must be conceded to Congress.  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 original concession to the United States of this twofold power there was an open recognition of the ultimate responsibility and duty of the National Government, conferring jurisdiction above all pretended State rights; and now the occasion has come for the exercise of this twofold power thus solemnly conceded.  The words of twofold power and corresponding obligation are plain and beyond question.  If there be any