Mr. JOHNSON. It is not provided against in exress terms, but it is provided a inst by the whole spirit of the constitution. he Government formed by the constitution cannotoxist l unless the States arerepresented. The theo of the honorable member would, in the case have supposed, constitute Virginia and Massachusetts espots, armed with the power of dorng whatever they might think proper toward the other States or the citizens Within those States. But again the honorable member says that conquest extinguishes these States, or that what has been done extinguisher; them. Does the honorable member recollect what the decision of the Supreme Court was in the case of the U.S. vs. Rice, reported in 4 Wheaten? I have no doubt his memory can easil be refreshed when I call his attention to tocase. The honorable member told us yesterday that he could not imagine a State suspended that could be revived without some congressional legislation. Suspension in such a case, accord in to him, is death. The case to which Ial lu e presented this question: during the war of 1812, sometime in 1814, the British obtained the undisputed possession of Castine and of the territory of Maine lying on the other side, a territory, I believe, constitutingabout 1/3rd of that State. From the time they got osmsion up to the ratification of the treaty o peace of February, 1815, they had undisuted possession; the authority of the Uinte States was gone for a time; the authority of Maine was gone for a time. Is that part of the State of Maine Out of the Union now? I do not think my friend whom I see, one of the Senators from the State of Maine, would admit that. Irather presume that he thinks that Castine is a part of the State of Maine, and he thinks that all the rest of the territory of that State that came into the actual liysical possession, by force of arms, of Great ritain. in 1814, and remained there until the ratification of peace in 1815, still is a part of the State of Maine. But what was it in the interval? Dead, if my friendfrom Wisconsin is right now as to the effect of State suspension; dead, because the authority of the State and the authority of the U.S. during the whole of that period was suspended. This is not my own word; it is the word of the Supreme Court itself. The decision arose out of this state of facts: while the port was in the exclusive military possession of Eugland a cargo was imported, and England imposed hersell, upon the cargo whatever duties she thought proper to exact. The cargo was lauded, the nglish duty paid. The authority of the U.S. afterward was reinstated. The collector of the U.S. insisted upon the importer paying the duty which the cargo would have been liable to under the laws of the U.S. if Castine had been in the possession of the U.S. at the time of the importation, and he made him give a bond for the payment of such duty. The case was tried, and the Supreme Court by a unanimous decision decided that the bond was void. Now, how came they to decide so? I will read afew sentences from the opinion of Mr. Justice Story, in 4 l heaton, page 25“3. He says: The single question arising on the pleadings in thin case is, whether goods imported into Castine during its occupation by the onemy are liable to the duties impose by the revenue laws upon goods imparted into the U.S. It appears. by the pleading that on the 1st day of September, 1814, Cristian was captured by the enemy and remained in his osive pomession under the command and rolls military and naval forces. until after the control of liil ratiiio they of the treat of peaco, in February JSli Durimr this period tholgritish Governmentexercisedall ciyil and military authorit over the place and established a oustomhonse, ani admitted nodstobeimportet l, imcording to regulations prescribed by itself. i. iid. nulong others, admitted the goodsuponwhich duties art now demanded. These goodsremained at Castine unnl after it was evacuated by the enemy; and upo i the roiistablishment of the American government. tha collector of the customs, claiming a right to Ame riciui duties on the goods. took the bond in question from th“e defendant for the security of them. Under these circumstances. we are all of op nion that the claim for duties cannot be sustained by the conquest and military occupation of Uastiiiothooiemy acquired that firm possession which piiablod In in to cirerciso the fullest rights of sovereignty over that. p 11(70 That is, as long as it. continued. Now he goes on to say how long it continued: “The sovereignty of the U.S. ove. the territo was of course suspended, and the law!“ ltha U.S. could no longer bortqhtt fully ont iraod 1866. 193 there or be obligatory upon the inhabitants who re nameId anOd submitted to the conquerors.” “The subsequent ovaeuationby the encmy, and relumption of authority by the U.S. did not and could not, change the character of the previous transaction.” Did anybody suggest that before the authority Of the U.S., after the British evacuated Castine, could be reinstated it was necessary for Congress to legislate? Did anybody suggfst that the suspension of the authority of the U.S. during the period of the possession of Castine by the enem o erated to put an end to the authority of e U.S., and so completely that it could not be reestablished exee t by subsequent legislation 1" unuestionab y not. The moment the place was a and oned the authority of the U.S. became reinstated pr rio rigors. Now, to apply it to the case under consideration, the effect of the occupation of Castine was according to the language of the court, to suspen the constitution and laws, and the authority of both, within the limits of that possession. The possession terminates, and the court so that upon the termination of that military exclusive possession the authority of the U.S. is revived at once without any legislation. It never occurred to the court or to an body else, and m friend will look in vain at the statute book or the purpose of showing that there was any legislation extending again the revenue laws of the U.S. to the ort of Cas tine. It revived just as animal li e revives in certain cases utter temporary suspension. Suspension, then, accordin to the doctrine of the Supreme Court, is notw at the honorable member from Wisconsin supposes suspension to be: it is not death: it is temporary paralysis of which the cure becomes absolute and effectual by removing the cause of that temporary paralysis, and that ended, the States stand as they stood before the disease assailed them: the stand perfect, with all the health of living an vital and powerful States, and entitled to the benefits of the constitution and the laws, for the same reason that the people of Castine and that part of the territory of hlaine which was held for a time by the armies of England became at once by the termination of that possession reinstated in all the rights which beqonged to Castine and that part of Maine before its possession by the enemy. We hear of the right of conquest. What is to be conquered? Only what you have a right to demon and what have you in such a case as this a right to demand? Submission to the authority of the Government, and that on have got. To maintain that, under the authority to enforce by force of arms submission to the authority of the Government you can destroy the States, is to say that Government can accomplish that by arms which it has no right to raise an arm to accomplish. There are many other observations. Mr. President, with which I might trouble the Senate, and may perhaps do so at some future day and on some other question; but I have said as much and more than I intended when I rose. I conclude therefore, with saying and with hoping, as I think every patriotic man in the country does hope, that our ancient harmony will be restored; that our ancient Union of States, as they existed when the insurrection commenced, will be reinstated; that we shall forgive and try to forget the horrors through which we have passed during the last 5 years that we shall come together as a band o brothers, and present to the nations of the world I. Government in which there is an actual union of obligation and of hearts sufficient to protect us against foreign foes, powerful enough and willing and resolved to guard against all perils to its continuing existence arising from insurrection at home, and capable of making us one of the freest and most prosperous and most renowned nations upon the face of the earth.