The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-03-15
The Guarantee Section OF the Constitution
From lhe " Orid.


From lhe WOrid
Henry Winter Davis, a few days before his
death, wrote to a gentleman in New Jersey the
following letter, just ubished:--
My Dear Sir:-Ihe case re erred to is Luther VS.
Borden, Howard, S. c. Rep /.
did hot say that the states wero oW of the UaiOH
IL law by rebellion, or tact b. The result OF arms.
On the contrary, l SAID the ale Government ceased
10 exist an to11 by renouncng the Constitution, and
atJoct by beng expelled by arms.
Note the diversity The States are in the Union,
or else We are not bound to suGTaBtre them gepl6Li
IcGz Sote. IN mtS. lhey have not republican roy
to centoi the restoration under the power to guar
aHlee.
sumner is getting right on this point.
IopgIess looks ETn; but II must be wise as we'll as
finn. II we 20 before the people neXt fan on mega
1--WE issue. leaYll JohHson's government in posses
sion OF the states and simply refuse TO admit them
10 ConPress, we viii inevitably be beaten. Congress
mast GnaW J0hH;oE'S governments, formally pre-
scube universal suffrage as the condition sine qua
aO3t OF recognition, and propose to amend the Con-
suutlon making IT the supI mo law OF the land tor
AL States and 20 10 tie country ON these measures,
or the Deop will accept Johnsou's governments as
solution and send representatives 10 admit their
Representatives, Sincerely ours -
Baltimore, Nd December 81 1866.
This letter eyinccs lucid perception Of the
points on which the reconstruction controversy
hinges, Its argument that the Southern States
must be regarded as in the Union to make The
Constitutional guarantee of republican govern
ment applicable to them, is conclusive. Mr..
and the President does credit TO his perspicacity.
lie clearly saw that q me1e refusal to admit the
Southern representatives would, in the end,
amount to nothing, unless Congress should
'annul JOhnsons governments" and set up new
State governments in their place. But this nulli
fCGtion policy having been Checkmated by the
veto power OF the President (not supposed pos
sibe IN December, when this letter was writ.en),
hr Davis sagacious prediction will be fulfilled,
that "the people will accept JohnsOn's govern
I-ents as solution, and representatives to admit
their representatives"
The Only way which remains open, even in
4 cory, 10 'annul Jobnsons Governments" is
| tie ceeperate conspiracy 10 which the Radicals
| have Iosorted OF setting up new governments
! by tie spontaneous action of the Southern
! JeErUes and purchased whites, and admitting
Their representatives by the separate action of
each House; which may be done by a mere ma
| ioIlty. But conspiracy to overthrow the
/ S'Gte governments OF the South would entitle
! these govern ents to Federal protection, which
The President has ample authority to render,
vsmg the army, or the militia, to any extent he
| may deom necessary. The law, in clothing him
/ with tins power, makes HIM The sole Judge OF
| the cXiaency, and his discretion the sole limit
as 70 the amount OF the military force he will
employ.
Inc new phase +his controversy has assumed
| renders it even more important than before that
| the country should have clear understanding
| CT Il at part OF the Constitution sometimes
| called the guarantee section. Congress have
| protesseG to act under 1t, in their attempts TO
~
trOm it Is also derived ths authority by which
| the President will protect the existing govern.
| ments rom destruction, II the Radical Consplr.
| Iacy for their overthrow is persisted in. The
! guarantee section is in the following words -
The United States shall guarantee to every
State III this Union republican form OF govern.
ment, and shall protect each Of them against
INVASION, and, on application OF the Legislature,
| or OF he executive when the Legislature cannot
be convened against domestic violence"
Nethng occurred in our political history to
call Tor very attentive sitting OF this important
| section until the Dorr rebellion in Rhode Island,
| IN 1882. IN connection with that disturbance il
was discussed with as much ability as has ever
been brought TO the cOhsoeTation OF any cOnst
| tutional question. A long and exhaustive letter
| on the sGbjecg by Mr.. Calhoun, in ls43, Mr.. Web
sters argument before the Supreme Court, in
| lSIS, ane the opiLion of the Court itself, pro-
nOunced by Chief Justice Taney (the case re-
ieTTed 70 in the beginning OF the above letter),
ale the eXposltions which best deserve TO be
studied, both because we have never had three
minds better qualified 10 handle sucn a subject,
and because their substantial agreement on the
main point is in itself no slight presumption o
the sOundness OF their common view. Where
men OF preeminent aOility who looked at the
Constitution from such different standpoint L
agree in opinion, ther Joint conclusion is mo-
likely to be shaken by subsequent examination
We viii not follow the ample range OF thost
various discussions, but merely indicate few
! evident conclusions which follow, without any
Logical Iehnements from the language Of the
section.
The combining of three distinct guarantees il
that single section shows that, IN the estima
tion. oil the tramers they are related, and ar
calculated to throw hght on each other. Eacl
is designed for the protection of the States, an'
taken together lhey guarantee protection
against every kind of danger TO which tn
States can be exposed. The only dangers Whicl
a State is not competent to meet unaided are in
vasion from without, rebellion against its Gov
eminent from within, and usurpation by 1t
rulers who may WELD It's Government agyins
the liberties OF tie people, Against each Of thes