The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1867-02-27

Mr.. Wusos. of Iowa. Let me read from !,
the decision Of the Supreme Court in the ]
case to which have referred:
ait rested with Congress, too, to deters
mine upon the means proper to be adopted to
fulfill this guarantee. They might, if they
had deemed il most advisable to do 30, have
placed it in the power Of court to decide
when the contingency had happened which
required the Federal Government TO inter.
fere. But Congress thought otherwise, and
no doubt wisely and BY the act Of February
Qs, 1875, provided that in case OF an insur.
rection in any State against the Government
thereof it shall be lawful for the President OF
the United States, on application OF the Leg
islature of such State or OF the Execuuse,
when the Legislaturs cannot BE- convened,l
N call forth such number of the militia OF
anv other State or States, a may be applied
for IS he may Judge sufficient TO suppress
such Instruction. :,
g By this act the power Of deciding wheth-
er the exigency had arisen upon which the
| Government Of the United States is bound
TO interfere, is given TO the President. de
| is TO act upon the application of the legisla-
ture or of the executive, and consequently
| he must determine what body Of men con-
stitute the legislature, and who is the Cover
NOR. before he can set The fact that both
Inarties claim the right 10 the government
cannot alter the case, for both cannot be en-
titled to it. Ifthere is an armed conflict,
| like the one Of which we are speaking, II u
a case of domestic violence, and one OF the
parties must be in instruction against tne
lawful government And the President
must, Of necessity, decide which Is the gov
eminent and which party is unlawfuiiy ar
rayed against it, before he can perform the
1 H., 4ba ootn f ffon
gress.' :,
| : Snnnose the governments in the so-oslled
rebel States should 90 Cypress the loyal psos
ME as to compel them to resort to arms
against the power which Expresses them,
and the legislature Of the State, or in its OBJ
sence the Governor, should call upon the
President for assistance, and he, acting un-
der the authority OF the act Of 1895, should
send troops there ID aid in suppressing the
alleged insurrection and maintain order,
ask you whether in so doing he might
shield himself behind the act of 1895, end
the Interpretation given 70 it by the Supreme
Court, and place it beyond our power to
question successfully the regularity of his
proceedings, The act of 1875 is the law'oi
the land to-day. Congress has not as yet re-
voked the power conferred on the tresldanl
by its terms. A Gaze may at any time arise
lin one of the rebel States which would at
ford the President IN opportunity to carry
The question of his power ander the act cited
to the Supreme Court, and secure decision
in support of his position. Tbs passage Of
this bill will close this door against the Pres
lident, and vet gentlemen hesitate to pass il
because it does not contain everything which
they may deem desirable. This is not wis
dom.
repeat. in conclusion, that although THU
lbill does not attain all desire 70 accom-
Iplish. il does embrace much upon which
have insisted, and seems to be all we can ge
at this session. IL reaches far beyond any
thing which the most sanguils Of Us hoped
for a year ago. 1t secures equal sadrags 4
all loyal men; it sets aside the pretendea
governments which now abuse power in tht
lrebel States; it insists on the ratification 0
the constitutional amendment, under the OPP
Grafton of which ali the rebels who now &C
rupy official position in the States affected
by this bill will be rendered ipsligible to ofic'
l+-State or national: IL presents TN affirmative
policy on the part of Congress hostile TO tia
Of the President; il demonstrates the abilit,
Of Congress to agree upon agiven line OF &C
lion; and finally It reserves to Congress juris
dictIon over the whole case when the people
of any Southern disorganized State may pre-
sent a constitution and ask for admission L
This body as a part of the governing power 0
the nation. There is too much OF good II
this to be rejected | will vote to concur II
the amendment Of the Senate.