The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1868-02-06

and navy, as we'll as chief civil OK.
ecutive officer Of the United States,
aud is bound by solemn oath faith
fully to execute the Office Of Presi-
dent Of the United States, and TO
take care that the laws be faithful.
ly executed; and whereas, the re-
bellion which has been waged by a
portion Of the people of the Uni
ted States against the properly con-
stituted authorities of the Govern
mcnt thereof, in the most violent
and revolving form, but whose or.
ganized and armed forces have
now been almost entirely over.
come, has. in its revolutionary
progress, deprived the people of
the State OF North Carolina OF all
civil government; and whereas, it
becomes necessary and proper to
carry outand enforce the obliga-
tions of the United States to the
people Of North Carolina in secur-
ing them in the enjoyment Of a re-
publican form of government"
Tread this, Mr.. President, for
the purpose of showing that the
President Of the United States, in
hispolicy of reconstruction, started
out with o distinct recognition of
the applicability of this clause of
the Constitution, and that he based
his system of reconstruction upon
ii. 1t is true he recites in this
proclamation that he is the Com
maDder.in chief of the Army of
the United States, but at the same
time he puts his plan of recon
struction, not upon tho exercise Of
the military power which is called
to its aid, bat or the execution of
tho guarantee provided by the
clause of the Constitution to which
| have referred. He appoints a
Governor for North Carolina and
for these other States, the Office
being civil in its character, but
military in its effects. This Gov
ernor has all the power of one of
the disgrict commanders, and, in
fact, far greater power than was
conferred upon Genera! Pope, or
General Sheridan, or any general
in command of a district; for it is
further provided. l.-. ar .f.
"That the military commander
oftho department. and all officers
and persons in tho military and
naval service, aid and assist the
said Provisional Governor in car.
rying into effect this proclama-
tion."
We are then ageod upon the Sec
ond proposition, that the powers Of
the. United States to reconstruct
and guarantee republican forms OF
government at once applied when
these States were found in the con :
dition in which they were at the
end ofthe war. Then, sir, being
agreed upon these two propositions,
we are brought 10 the question as
to tho proper form of exercising
this power, aud by whom it shall
be exercised. The Constitution says
that "the United States shall guar
antee to every State in this Union
u republican form of government, "
By the phrase United States"
here is meant the government of
tho United States. The United
States can only act through the
Government, and the clause would
mean precisely the same thing if IL
read "the Government OF the Uni
ted States shall guarantee TO every
State in this linton . republican
form of government" Fs..
Then, as the Government Of the
United States is to execute this
guarantee, the question arises, what
constitutes the Government OF the
United States ? The President
does not constitute the Govern
ment; the Congress does not con-
stitute the Government; the judi.
ciary does not constitute the Gov
ernment; but all three together
constitute the Government; and as
this guarantee is. to be executed by
the Government of the United
States, it follows necessarily that it
must be a legislative act. The
President could not assume to exc.
cute tho guarantee without assum
ing that ho was the United States
within the meaning of that provis.
ion, without assuming that he was
tho Government of the United
States. Congress could not of it,
self assume TO execute the guaran-
tee without assuming that it was
the Government of the United
States; nor could the Judiciary
without q like assumption. The
act must be the act of the Govern.
ment, and therefore it must he a
legislative act, law passed by
Congress, submitted to the Presi-
don't for his approval, and, perhaps
in proper case, subject to be re-
viewed by the judiciary.
Mr.. President, that this is neces.
sarily the case from the simple
reading of the Constitution seems
TO me can not be for a moment de.
MED. The President, in ASSUMING
to execute this guarantee himself
is assuming 10 be the Government
OF the United States, which he
clearly is not, but only ono of its
coordinate branches; and, there
fore, as this guarantee must be
Legislative act, it follows Chat
the attempt on tho part of the
President to execute the guarantee
was withont authority, and thai
the guarantee can only be execur
ted in tho form of law, first to bC