Indiana American. [volume] (Brookville, Ind.) 1865-1872, 1867-01-25

made by the United Suites that IL. by the
Government Of the United States, which is
not the President or Congress, but both
together, and must therefore be lcgisla-
tive act.
The President could not establish
State Government and accept II finally as
loyal and republican in its form, and legal
and complete in its structure, without as
sumiug that he is the Government Of the
United States, which would manilestly be
absurd #ft tf
What the extent Of this power is, has
never been settled by any precedent, and
has not been defined by Kent, Story, OF
any of our writer's on constitutional law.
IL is vast, undefned power, given to the
United S,atesto guard the States against
rev luton, anarchy or change to monarch
zeal or aristoeiatic government. fla State
government Las been destroyed by rebel.
lion, the United States must set up or re-
establish republican form Of govern
mont If a State government should be
converted into an aristocracy, the United
States must restore it 10 republican
form. How OF in What manner this shall
be done, is not marked out by the Consti-
tuition, aud must, therefore, as far as We
can judge, depend upon the circumstan.
ees of each case.
The Government is armed with super
yisory power TO. keep thcS States in their
orbits by maintaining within them repub-
lican governments, and the measure Of
power must therefore be the extent Of the
means necessary 10 accomplish the pur-
pose.
1t is we'll recognized principle Of con-
stitutional law that, whore duty is en-
joined, all the powers necessary to the
performance of the duty are included.
Where a certain demand is made by the
Constitution, the means necessary to pro-
duce the result must be inferred, else the
demand would be nugatory.
The only measure, therefore, we can
give to this power is that itembraces what
ever may be truly necessary TO guarantee
to each State a republican form Of govern
ment. If State government falls into
anarchy, the United States must re.estab.
lish it upon republican basis, and must
be held to have the right to employ what
ever ins,rumentalities are necessary for
that purpose.
Ordinarily, and when the country is in
normal condition, the subject Of suffrage
is in the control absolutely of the several
States, and has been so treated from the
first formation Of the Government, and
may be regarded clearly as one Of the re-
rcrycd rights of the States. But ira State
Government shall fall iEto anarchy, or be
destroyed by rebellion, and it is found
clearly and unmistakably that a loyal new
one cannot be erected and successfully
maintained without comforting upon a race
or body of men the right Of suffrage, to
whom it has been denied by the laws of
the State, it would clearly be within the
power Of Congress to confer it for that
purpose, upon the principle that it can
employ the means necessary TO the per-
Torrance Of required duty.
Not ;hat Congress could make a Con-
stituton for State, in which the right Of
suffrage should be fixed, but that it could
call convention to form new Constitu.
ton and establish new Government, aud
prescribe the qualifications Of those who
should vote for the members Of that con
vention, aud participate in the organiza.
ton of the new government.
The power which claim for Congress
is vast and dangerous, aud should be ex.
crescd with deliberation, and only ia ease
OF clear necessity, apd it touches directly
upon the general theory and structure of
the Government, yet il upquestionably
exists.
If when other remedies have failed, il
be the clear aud deliberate judgment OF
Congress that loyal republican State gov.
ernmenis cannot be maintained except by
comforting the elective franchise upon the
negro race in those States, Congress may
confer il upon the ground that il is neces-
rary 10 tho performance OF prescribed
duty. Ia this view il is not necessary 10
regarTtho rebel States as Territories, as
the constitutional provision applies in ex.
press terms TO States.
Ass practical question II cannot be
supposed that four millions Of free colored
people eau for great time DO kept in
state of political yassalage and denied
their voice in the Government by which
they are controlled aud which they help
TO support Asg political question, our
republican theory, which asserts that
government exists only by tho consent
OF the governed aud that taxation and
representation" should 20 together, does
not udmit that suffrage shall DO limited By
race, caste or color. AS question of
natural right, IL Is hard to cay that suf
frsge is not natural right when upon
its exercise may depend the possession
aud enjoyment of all other acknowledged |
natural rights IL Is hard to ray that a
man has RICH 10 life, liberty aud the
pursuit OF hsppin u, aud yet has no nat |
ural right 10 y voice in that government
by which these other rights will be pro.
tectcd or denied. But as ali other natural !
righto are subject ~ restriction aud limi.
iation for the general welfare of society, !
this should be no exception to the rule /
The proposition ut once to introduce to
the ballot box half million Of men, who /
but yesterday were slaves, the great mass
Of whom are profoundly ignorant, aud all
impressed with that character which ala
very impresses upon It's victims, ID 10.
pugnaDt TO the feelings Of largo part Of
our people, aud would only be justified by
necessity rcrulting from inability to main. /
tain loyal republican State governments
without them.
But the necessity for loyal republican
State governments that shnll protect mon |
OF all races, classes aud opinions, aud shall
render allegiance aud support to the Gov.
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