New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-01-27
RECONSTRUCTION
SPEECH OF
rv-GOV. MORTON OF INDIANA.
=, ~, r,iod Saies Scnatc Friddy, jan. q, l'oo'

-, honorable fri end from Wisconsin lMr. Doohtuel
IN the debate vest rday should not desire to speak
ON tbi, qucstion especially at this time. fear that
shall not have the strength 10 say what WISH TO-
The issue here to-day is the same when pleNails
throughout the country, which VIII be the issue ol
this canvass and perhaps for years TO come 10
cno,t what have had occasion to say elsewhere 1t
is between two paramount ideas, each struggling IoI
the supremacy One is that the war TO suppress the
Rebellion was right and Just on our part; that the
Rebels forfeited their civil and political rights, ana
can only be restored 10 them upon such conditions as
The nation may prescribe for its future safety ana
prosperity. The other idea IS that the heDellon was
not sinful but was right; that tnoS9 ehgaS,i ~ ~
forfeited rights cINll OF poltlc;u, anu nav 4
Tirht 10 take charge of their state CoNernmenlS ;,n
be restored TO their representation III SohgItss is
n If there had been 10 kcbelilOh ana 10 ulS hau
occurred The immediate issue before the senate
now is between the existing state governments 9s-
tabished under he pQAcy OF lhe ites"yuV % ~
limited Slsfes i'm the Rebel States and the plan OF re-
ronStruction presented 10y Congress. when
surveyor FIST enters new lelHloIN' ne t
dcayOrs TO ascertain the exact Ialiiuue anu any
longitude of given spot, and from tuat can
safely begin his survey; and so VIII enueaNol 10 ~
certain proposition III this debate upon when loth
Parties are agreed. and start from ihat nopUsltIo
Il,ot nroro- itiou IT, that at the end OF the war; IN
the Spring of 1865. The Rebel States were WIthout
State governments Of any kind. Inc Loyal elale
governments existing at The beginning Oh tue W3t
had beoH overturned by the Rebels inc lIeOeI cldtc
governments erected during the war had been ever
we've no governments OF any KIND existing III those
ktates This fact was recognized distinctly by the
President Of tie lnlI.d states IN his Mofl9mQuon
under which Tie work Of reconstruction was COM
menced in North Carolina in 1863 to which beg
leave 10 refer The others were mere copies OF tins
proclamation. In that proclamation ne says!
,Is OF tie UDd states asa1si tie properly constituted authorities
Vtose ti ar am al forces have row almost entirely
so on progress deprived tue people Of the state
Here tho President must be allowed to speak for his
party, and shall accept tins as proposition agreed
upon both Sides that al the end OF the war there
were 10 governments OF any KIND existing I'D theSe
States. The fourth section OF the fourth article OF
the Constitution declares that the United states
shall guarantee 10 every State this Union a repub-
lican form OF government This provision contains
Ryast unde ucd power that has neyeryet been ascer
taRed-a great supervisory power gNcntO the Uhltcd
States 10 Cuable them 10 keep the States IN then
orbits. to preserve them from anarchy, IeYOlnton;
and rebellion. The measure OF power thus conferred
upon The Government OF the United states can onIy
be determined by that which is requisite 10 ep9Ian-
tee or maintain in each state legal and republican
form Of government. Whatever power therefore,
NAV be necessary 20 enable the Government OF
the United States thus 10 maintain in each state
republican form OF government Is eyed ~ tIlii
and these States were found without governments OF
any kind the jurisdiction OF t5e United states under
this provision of the Constitution, at once attached
The power TO re0rglnlze state Governments, 10 use
The common word 10 reconstruct 10 maintain and
guarantee republican State governments IN those
States. at once attached under this provision. Upon
this proposition there is also concurrence Of the
Two rartes The President has distinctly recognized
the application of this clause Of the Constitution
He has recognized the fact that its jurisdiction at
tached when those States were found without re-
publican State governments anu he himself claimed
TO act under this clause OF the Constitution. L
viii read the preamble of the Presidents PTOcla-
iusfion:
T e'' oS y. a p5s q if S Sonis,Gs
y-1 &c ra aa form Of government and slal pro
g t1- lre st is by ths Consultation MADE Com.
r. etof dc tag ai Nsyg a. ee Is eef ~. executive
sarr ai Do lt-l e' N.A ~ s'elA 'al i-..l.l
ffbe ritgi st,tes sgs Mt The properly
t'-'"' l. y. ~ Fl 3, ~. nos .tt a-l
,s,. ..a BIO whose Organized md armed forces lave nos been
800 tt Sat, Of N,rb c.roiaa Of al MI goy,raHr,t. ana
s,.... o. IL 5e'rs Of Y5rl cas,a ia seoa
read this AiI President. for the purpose Of show
~ thar The PRESIDENT of the United States in his
policy Of Iecol>tWciion started ont with distinct
Constitution and tlat be based his system Of recon-
stu,iOn uOu 30. 10 is tue he recltcs ~ ms Iocla
fvny Of tie United States; but at the same time he
Frts .is plan II reconstruction, not upon ING cNcr
Csc ~ tie military power which Dis called 10 JUS ald
az IN the execution oi the guarantee provided by
Pre- clause OF tine Constitution TO which have re-
,red Tlc appoints "a Governor for North Carolina
&C.. for these other States, the Office being civil IN ITS
..factor Int military IN its elects THIS Governor
a. al the power oi one Of the district commanders;
iG. IN fact. far greater power than was conferred
r "a Sen. Pope on Cen Sheridan. or any general IN
.e.umand o a di-tii t for it is further provided;
81. military C1reaer ofthe Department aud on olcs aia
s eror 10 cars fe mo eject us proclamation.
Neare then agreed upon tho second proposition,
lie tlc mower Of the United states to reconstruct
j guarantee TtpU .hcan forms OF government az
ra 9rpiicd when tliese States were found IN the
addition in which they wee 9t Chg end Of the war
= .j Sig being anccd upon these two proportions
sc aie brought 90 the question TO Tie pipe form
- exercising this power, and by whom II s.@A "a
t-Crcised The Constitution SAYS that the lnltC@
S,ats shall guarantee to every Statc IN this Union
T.rajlican form of government By the phrase
United States hero ls meant the Government OF
81 I nitcd States The United States can only act
'gicDgh the Government, and the clause would mean
precisely the same thing u II read, ule government
tie United States shall guarantee TO every state
ta's Union republican form Of government"
~ IT, as the Government Of the United states
10 execute this Guaranty, the question arises,
whit constitutes the Government OF the United
States Liz PRESIDENT does not constitute the
(qTFClTmeht; the Congress does not CQns4tTe
( &c the Government; but all three together con-
EdtGio the Government; and as this guarantee is to
lie executed by the Government of the United States
II follows necessarily that il must be legislative
act The President could not assume to execute the
81 oTantee without assuming that he was the United
stare, within tie meaning Of that pTovlsOn without
q, luing that Inc was the Government OF the United
fafes. Congress could not of itself assume to exc
ne the guarantee without assuming that II was the
oyelnment OF tie United States; nor could the jndi
10y without like assumption. The act must be
.e act OF The GOyennent, and therefore 1t must be
legislative act. law passed by Congress, submitted
s. TIC President for ms approval, ana, perhaps III
4 over case subject 10 be reviewed by the judi
ciagy. Mr. President. that this IS necessarily the
1sso from the simple reading OF the COnstltu-
On seems 10 me cannot be for a moment denied The
President, IA assuming 10 execute TINS guarantee
b Hi-clf. is assuming 10 be the Government OF the
j'itld States which he clearly is not, but only one
81 rs coordinate branches; ana, therefore, as ths
qua .lee must he a legislative act it follows that
Ia attempt the part OF the President TO execute
In guarantee was without authority and that the
g'2utee can only be executed in the form of a law,
6rsi TO be passed by Congress and then TO be submit
Ill 20 the President for his approval and II he does