Juniata sentinel. [volume] (Mifflintown, Pa.) 1846-1873, 1867-03-27

/ !atiGns Tor the government OF the Army shall
not be affected by this act, except 50 far as
. thcy conflict with its provisions.
The main argument urged against the
passage Of this bill is that the proposed
law Is uncons,itutional-that the said ten
late Iebellious States have organized gov
crnmcnts, and therefore no power exists
in Congress to extend over them martial
law to take the place Of the civil law |
admit, D.r. Speaker, that this extraordi-
nary power should only be exercised III
extreme cases. 1t is. however, univer-
sal rule among all civilized nations that,
when the civil law is not strong enough
10 afford ample protection, the more pow
ertul, to wit, that of martial, must be re
stored to, ana it Is evident that these ten
States present case demanding such
extreme measures. The civil govern
meDts Of which we hear so much were
not established by the action Of Congress,
but under the auspices Of Andrew Johu-
son, the present Executive, without any
authority delegated to Linn Tor chat pur
pose. These pretended Governments 10
sons ani property Of the loyal people res-
i4gnC therein, hence the necessity OF /
more stringent procedure. IS there any
thing IN the Constitution Of the United
States, adopted by the Convention on the
l7th oi September, t7s1, and ratified in
1889, ves;!ug in the ExerGtiye alone the
e. establishment Of governments in these
States. In that ius,rGmeutiG is declared
THAT the Cons tuition and he laws of the
United States which shall be made in pur-
suaacc thereof, shall be tic supremc law Of
the laad; and that the judges cf every States
shall be bound thereby, anytning in The con-
sfi,u,ion or laws Of any State 20 the contrary
Notwithstanding.
Who, then, can make the laws ? Not
tie Executive, Us he possesses only the
power to give or Withhold his ascnt when
bills are presented TO him. The answer
is indicated by the Constitution, and tha;
Is, it rests with Congress to pass laws,
and j. the Executive intcipCsc the veto
power, such bills can, notwithstanding
such veto, become laws If the same shall
bc passed hy tgo-,hird vote il each
House ;hus showing clearly that the Tx
ecutiya alone had 10 power urder the
Constitution 10 undertake 10 reconstruct
these ten ,cbel States-by establishing civ
j governments therein, and bis acts IN
that malter were usurpa:ioH.
Then the question rccrrs, have Con
,rcss under the Constitution power to
pass tie bill under consideration The
fourth section oi said said Constitution
proyi, les that
The United States shall guaranty to every
Stale il the Union ! republican form Of gov
erEucnr'
This injunction vests in Congress plen- |
ary power to use all measures necessary
10 accomplish such result These ten !
States are in a peculiar position. Hay
iEC retl!led against the Government Q! (
which they arc 4 part and attempted tc /
set m one Independent to that Of the I
United States, they by that act suspended !
their oncration as State governments, and /
are ameuable to the General Govern
mcnt, which they attempted to destroy,
Tor their conduct; and it IS iucumOent
upon the tuitcd States to secure TO the
citizens Of those States republican form
Of government. But as it is evident
from the disposition manifested by the /
Of those residing therein that
they are not in a proper mood 70 be GOV
erned ly the civil laws, hence the neecs-
sity Of employing gor the present means
more powerful.
1t Is said, lIr. Speaker, that if they
are 10 be considered as States then We :
have no power to extend over them in
ime Of peace martial law. iu answer to {
hat | have 20 say that although The
,pen rebellion in arms has been sbldued,
till the people therein who participated
Il the rebellion yet show in their actions
rebeilous spirit, aud i. must be born ;
n mind that the Constitution expressly {
declares that to "eycrJ State" a republi
an form Of governmct shall be guareu I
led, showing evidently that the patriots I
Tho framed that instrument coutempla |
ID tGat contingency might arise that {
-ouid require the exercise Of eXtraordln
~ power. In order 10 susrt2in this bill !
u constitution! grounds it IS not ueses- :
ny to argu, the tgytliuo promulg lgaleI By {
3me ;hat III consequence OF the rebel q
on lhcso States must lie considered as Z
,rriorie5 Or conquered provinces. Sir | c
c.i no such theory. They are States, q
nj called such by the constitution. bat, Il
, have sad, ~ rebeiliag they have
Ispendei their governmental organiza-
On, and in or der 10 enable them to stand p"
| proper position with the states that t.
,ma;ned loyal they must submit to such h
equations as Congress may prescribe. v
This bill is not intended as a perua-
ent arrangement. but only to secure the :
shts Of ali persons residing in those g
tatcs until civil government can be or
1nized uppn the basis of a republican :,
rm, which giii be as soon as a loyal 9
'icit is manifested by those who were in :,
.beliio2 II, as commended for by come, 81
ongcess possessed no power to extend T..
Ich laws over the late insurrectiouary
tatps than the n9iigo W0uld La uHat'e