Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1866-02-23

with reference to representation. Didthcy
then consider that the obligation to guar
anty a republican form of government ex
tended thus far, giving Congress the right |
to interfere in Virginia to examine her
tConsttutitT ask the question that he
may answerit, because after all he will ad-
nit, as a lawyer, as we all must, that in
constituting constitution aud constituting
statute and constituting any provision, we
look at contemporancous history in the first
place, and we look more particularly when
endeayoring to find out what the sense OF
an instrument is, at all its clauses in order
to get the meaning of all, for one explains
the other. It would seem to me, then, that
the Senator went a little too far with his ar
gumeht as to the guarantee clansc. What
is understood by II guarantee! IN the bill
that he has presented, ,and upon which de-
sire to say word by and by. he speaks OF
a guarantee as we speak Of it at commons
law in the ordinary legal sense OF the term.
is that ull it nlcauc in the cUus.itutiuu !? Il
! may guaranty to the honorable Senator
from Massachusetts the possession of his
house, and may propose to execute INV
| but fic ray Va NV t'iis A"t
need not trouble yourself about that; re
lease you / do not wish to be put in poss-
ession of my house." | do not know OF
any right have to say. '.You shall be put
in possession of your house, and will put
you in it whether or no." think the com
mon law acceptation of the term ''gllaran-
tee or the exposition of it, would hardl,
apply.
| ..Guarantcc." as used in the Constit,,- Al
ton, means something more. 1t mcanshs
that every State shall have Il republican, st
form of government. 1t is II power grant
ed for the benefit. not only of the particulai,l
State in question, whichever it may be. bul tn
of all the States. Whether YOU call it ITO
compact or what not, it is provision to sc n.
cure by the power Of the United States /;
republican form Of Government to ever,
State that shall lie a member Of the Union
There is no doubt about that But does it
| 20 further, and say that the United States
shall have power to examine every statute'' ,
passed by every State which has Il rcpubli.
can forp of government to begin with, ,andek
see whether It conforms to it, and if ifle
loes not, to order its marshal and its courts iS
10 interfere and sctit right, and if The conr;W.
is resstcd,to trrn out the military ard rails, -,
an army in order to guaranty to every
State republican form Of government, ,anuis-
see that its laws are all in accordance will
lit Sir, it goes not beyond matter very
substantial; it hardly goes into details slik,1eena
these.
If that is the meaning Of guarantee, aud
that is the way it is to he carried out, tax,
it the people of the United States may
haze enough on their hands What extent.
of power would he necessary if this State.
and that State, which perhaps may have a
F., provision that is in its nature somewhat -
WANTING in republican essence, is t. bee
brought bv force OF the United States thro a,rr
all its legislation and in all its legislation II,
into exact accordance with the ideas Of thee
honorable Senator fpssn Mass, or my ideas, ne
or anybody ideas ! take it that the term
.gt;,railtcen as used i'll the Consttutonu,
did not intend to 80 quite as far as this at
least it so strikes ne. wish could be
lieve with the Senator on this point; but
when he argues that under this provision
of the Constitution il is the duty of Con r.
gress to examine the legislation OF all thu N
States, and see that every man votes who >:
ought to vote, and nothing is wrong, an''o'-
that his idea. or oir y, for it is the cor
rect idea. of a republican government is
carried out in all its details, think he goes
the Constitution ever intended 10 90.
think the President has the idea that if any
State should undertake to establish differ d
ent form of governments. if it should choos,k.
to have monarchy, OF the controlling"
portion of the people should choose toy.
have an oigarchy. it then becomes the du -
ty of Congress to interfere; if there is any
Outrageous violation of the principlctlls.
which lie at the foundation of our goycrll:t
mcn., then it is their duty to interfere; but
hardly think that it Socs SO far as to sivco
Congress the power so legslata upon every,
subject upon which it might think thta
States should happeii to be wrong. IS
Mr. Sumner. The Senator could no. j.,
have been in his seat while treated or
that part of the question. for he has not
stated at all my proposition. My pr"po,
: sitiou was identical with that OF the Presl-
, dent 1t was in case of n lapse ot Il State
government, and when it became the duty
of Congress to interfere with reference to
, that government, it must see that 1t wasy
republican, i'll form. expressly limited the
. applicat on Of the argument to such case
and the Senator will bear in mind that the
preamble of the joint resolution introdac-
, ed by me goes on that theory. have
made no suggestion that under the guar
, antcc clause we could revise the statutes
, Of the States generally.
Mr.. Fessenden. Very well. sir, the gen +
t ilcman says ml$apprchended him. +.
: Mr.. SUMNER. | think the Senator WAS
not in his scat and could not have hear"
| me.
Mr.. Fcssenaen. 1t was not my lnten-s
- ton to misrcprescnt the nator
Z Mr.. Sumner. OF course not.
Mr.. Fessendcn. | understood hlnl,
$ when he argued that we were bound to
T. guaranty to every State republican torn
of government, and that Congress had pow
i er to make all laws necessary and proper
Il to carry out the several rroNisidns to "l
T. the Constitution, to hold that for that rea-
e sen Congress could lcsiSlate to see that no
Y State whatever passed laws or attemPtet
il to execute laws Which deprived frcemen OF
o their natural inalcnahlc rights. II mis-
understood him, stand corrected. iii,
\ not hear all the senator said, but hcaru
a the greater part of it and attended to 1t at
= tcnuyelv.
e But let lis take it on his OWN Showing-.e o
5 The Senator SAYS WE may secure 1t III tine
c states which hay. lapsed. That is new'
e nlrase. hut perhaps it is as eoo,l as any