The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-03-15

1t will con6uoe to clearness to consider these
guarantees in an order the reverse OF that in
which they stand in the Constitution; that order
being merely rhetorical, for the purpose of
bringing the long and qualified clause last. The
qualifications by which this is limited grow out
OF the nature OF the evil against which IT guards
The domestic violence" which 1t contemPlates
is violence against the State government; and
that government IS made the sole Judge of the
exeency, in order to take away all pretext for
Federal intermeddling in ihe internal affairs OF
State under color OF supporting its government.
The State Government is to be, IN every case,
the sole Judge OF its ability to protect Itself
against internal distu1 bance. II state govern
ment needs assistance against domestic violence,
1t is capable of knowing il, and has the appro-
pilaie official organs through which TO ask for
It, Neither Congress nor the President can in
teIiere for this purpose unasked.
1he guarantee against invasion is not quail
fed; the obligation 1t imposes is absolute lnya-
sloB necessarily comes from outside, and all the
external relations of the States belong TO the
sole jurisdiction OF the Federal Government.
Under this clause, ii Is bound to eXpel and drive
on intruders without waiting to be called on,
but 1t can do nothing more. When the invasion
is Tepelled the Federal Government has nothing
mere to do; and even during its continuance all
the internal affairs of the State remain under
the exclusive jurisdiction OF the State Govern
ment.
The guarantee Of republican government also
requires 10 application on the part of the
State, for reasons founded on the nature of
this guarantee, which is intended to protect
the State against the usIirpation of its rulers
Ia this case it would be absurd TO await the
application of the State Government for the
State Government is the very thing against
which the State is to be protected. The
usurping rulers would, OF course, never apply to
the Federal Government to aid the people.
II the usurplng State Government should esta.
blsh monarchy or an ohgarchy, the Federal
authority would wait for no invitation to in.
terfere. The important question under this
guarantee Is, what Is the standard OF republican
arnf9 kNy darN artt frpJ,, orr
formity to, this standard (whatever it may be-
that the Federal authority must estimate its
dury of interference or forbearance.
1t may safely be assumed, as an ncontro-
vertible position, that no State Government vio-
lates the republican standard by any practice for
which there is precedent in the Governments
oil the original thirteen States. 1t is absurd to
suppose that the Constitution intended, or that
The States accepted standard which would
have permitted the Federal authority to set
aside any OF the State Governments then exist
ing, with which the States entered into the
Union, as it was first formed. Whatever was
consistent with republicanism In any State on
It's first entrance into the Union, can be no bar
TO its continued existence in the Union as re-
publican State. To hCld the contrary would be
to suppose that the men who framed, and the
States which originally adopted, the Constitu
ton did not understand their own meaning.
Advancing from the general discussion to
present applications, we may lay the guarantee
against invasion out OF view, as having no re-
|
the other guarantees are closely connected with
| pending questions. The important point tC
determine is 1rtich of the two guarantees Is now
applicable? In other words, is it the existing
| State Governments that are to be protected, OF
is it the people of the Southern States that are
| to be protected against those Governments /
| the existing State Governments are republican
in form, the guarantee against domestic violence
insures them protection against overthrow
whenever they find it necessary to ask for sucl
| protection.
ANY attempt to "annul Johnson's Govern
ments" is clearly unconstitutional, unless it Cal
| be shown that they are not republican. But, t.
| prove them anti.republcan, il must be show
| that they differ, in some essential particular
! from all the Governments of the original thu
| teen States. 1t is claimed by the Radicals tha
| universal suffrage is the test OF republicanlsm
| But none of the original thirteen could nav
stood this test. Had it been insisted on, tn
| Union could not have been formed. Surely
| States cannot be turned out of the Union 70
reasons which did not prevent their original ad
| mission. 1t is clear, therefore, that the guar
antee which protects existing State Govern
ments against overthrow is the only one whicl
| appliPs to the present condition of the country