The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1868-02-17

eminent to be already in existencei ~
snch Was really the fact. There were repre-
| santat;ves assembled from the original STATES
| 10 act A delegates Of the people IN o.ms
sha f-.me-work of . government 70 super.
| ahe original "articles of confedetauon,
i-h;ch framework became necessary, IN their
;.,drament. sin order 70 form more perfect
lfTnion. lestablish justice, insure aomesic
tranou;lity, provide for the common defence,
| promote the general welfare, ana secure the
blessings of liberty to themselves ana tneir
ed. and the world gazed with admiration
mon the peerless constitution of 1887; and
our fathers. in publishing it to the world,
certified that it was "done in convention by
unanimous consent of the states present" on
the day when it was attested By the sigma
ture OF the Father Of his Country"
Recurring again to the letter publ'shed
with the constitution by order OF the con
vention, we End the statement that our fatn-
ers found it difficult to draw with precision
the line between those rights which must be
surrendered and those which might be re-
served, which difficulty was increased by a
difference among the several states as to
their situation, extent, habits and particular
interests. But the great desire to secure the
ends set forth in the preamble, controlled all
objections; and, because it was found to be
i'm practicable to secure all rights OF indie
pendent sovereignty to each state, and yet
provide for the interests and safety OF all,
every state represented then and there sur
rendered some of the attributes of sover-
eighty and delegated to the general govern
ment certain powers which, IN the absence
of that grant, would remain in or be, in the
language of the tenth amendment, reserved
to the states respectively, or to the people"
Among these attributes of sovereignty so
surrendered by each state, and thereby dele
gated to the federal government, was the
right to enter into any treaty, alliance or
confederation, coin money, keep troops or
ships of war in time of peace, enter into any
agreement or compact with another state, or
with foreign power, or engage IN war, I'M
less actually invaded, or in such Imminent
danger as forbade delay, thus serrendering
on the part of each such attributes of SOW
ereignty as might, in their separate exercise,
endanger the whole. 1t was but natural
for each to ask the question, "if we surren-
der the right TO preserve, either by arms or
treaty, our own state dignity and equality,
how can we preserve our republican form of
government of which We are already in pos
session."
ton as clause binding upon the general
government and intending to compensate the
states respectively for a surrender of the ut.
tributes of sovereignty in that respect; and
such clause simply declares that the United
States shall guarantee to every state in this
Union-what each already possessed-a re-
publican form of government. That guar
antee was not to operate simply for day,
nor cease to be binding at the will of a par
ty, but holds in all its fullness to-day as firm
ly as when first extended by the general
government to the original states. In that
clause the United States guaranteed the sep
arate existence of Virginia under her then
form of government, with such changes and
notifications as her people might from time
to time ordain and establish not inconsistent
with the constitution of the United States
nor contrary to her duty under the same.
And, sir, | maintain that when the war ceas-
ed, and the people of Virginia readjusted
their disturbed machinery of state govern
ment and came again into harmony with the
general government, under the same constr
tuition, once recognized by congress nj re
publican In form, that very moment Virgin
10 could claim the guarantee, and the United
States could not in good faith withhold or
refuse it. In this view each of what are
now termed military districts, and which are
to be by this bill merged into one grand mil
itary empire, are sovereign states, with their
several governments guaranteed by the Uni
ted States, and their dignity, equality. and
rights guaranteed by the very party which
this day proposes, by the madness of fanat-
ical Legislation, to strike down and abrogate
those same governments in order to perpefR.
ate its own unconstitutional power by south
ern negro rule in each ofthose ten states.
+ But, sir, not only does this bin abrogate
executive power and usurp executive fnnc-
tons. but in express terms denies to the ju-
dicial branch or department the exercise of
the powers granted to it by the people in
their constitution. 1t provides in lis first
section that the governments in said states,
respectively, shall not be recognized as val.
i'd or legal state governments by the judicial
power or authority of the United States
thus prohibiting the Judiciary from hearing
and determining any question involving the
existence Of any of those states, while in the
constitution it is provided that 'the judicial
power shall extend to all cases in law and
equity arising under this constitution" as
also 'to controversies between two or more
states" Should controversy arise between
the authorities of Virginia and North Caro-
lima, the constitution makes it the duty OF
the Judiciary TO determine the question, and
by decree Or Judgment end the controversy,
while this bill prohibits such action and as
sumes to rest in one man, and he military
officer, the right to decide the question and
enforce his decision by the armies of the ma
ton, while both the executive and judicial
departments are powerless to enforce the
constitution unless at imminent risk of a col
lisi2n with the army acting under congress
ional authority and in violation of the con-
stitntion.
But, sir, as men never act but from the
promptings of motive, what is the motive
prompting this denial of judicial examina-
ton? Is it not because our friends on the
other side of the house feel convinced that
the result of judicial examination and decis-
ion would be vindication of civil govern
ments in those states Why, sir, the very
denial of the right of such investigation is an
admission that its results, if permitted, would
be fatal to their revolutionary legislation
And, sir, as an Illustration of the progress
iveness of radicalism, let it be remembered
that this same court thus demonstrations ly
circumscribed In its action is composed of
eight members, of whom n majority are
members OF the republican party, and that
the father of American radicalism, Salmon
p. Chase, is, its presiding Judge. But,
thong radical, he is lawyer, and might
be supposed to manifest some regard for the
constitution under which alone he holds his
high position. But, further, may be par