Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1868-11-20
TWO QUESTIONS.

Two questions are presented by the
enemies of these acts; first, on the pow
er of Congress, and secondly, on the
equal rights of the freedmen.
PLENARY POWER OF CONGRESS OVER RE-
CONSTRUCTION
Too often have L asserted the pIenary
power of Congress with arguments that
have never been answered, to feel it
necessary now to occupy time on this
head. The case may be proved in so
many ways that it is difficult to know
which to select. Whether the power is
derived from the necessity of the case,
because the rebel States were without
governments, which is the reason as
signed by Chief Justice Marshall
for the Jurisdiction of Congress over the
Territories, or from the universal rights
of war, following the subjeciion of bel
ligerents on land; or from the Obliga-
tion of the United States to guarantee a
republican government to each State;
or from the constitutional amendment
abOlishing slavery, with its supplement-
tary clause comforting upon Congress
power to enforce this abolition; whether
the power is derived from one or all these
bOuntifuI sources, it is clear that it ex-
lists. AS we'll say that the power over
the Territories,the war power, the guar
antes power and the power to enforce
the abolition of slavery, do not exist:
as well say the constitution itself does
not exist.
If any confirmation of this irresistible
conclusion were needed, IL might be
found in the practical admissions of
An drew johnson, who, while perYerSely
usurping the power of reconstruction ,
did il in the name of the nation, In the
prosecution of this usurpation, he sum-
moned conventions Of delegates made
eligible by his proclamation and chosen
nv aIa1fnr-1 n cd E "a
right of suffrage; and through these
conventions, to which he gave the law
by telegraphic wire, assumed to insti-
tute local governments. Thus has he
testified to the power of the nation over
reconstruction, while with an absurdi-
ty of pretensioD, which history will
| condemn even more than any contem-
porary judgment, he assumee that he
was the nation, His usurpation hash cen
overthrown, but his testimony to the
power of the nation remains. When
! the nation speaks it is by congress, as
the Roman Republic spoke by its Senate
and people ,SenGtIGs PoPuLltSqNe Roman
| as, in whose name went forth those
! great DEGREES which ruled the world.
In considering the cOustitutionality oi
| the reconstruction acts, there is a dis
| tinctiOn recognized by repeated judg-
not been sufficiently regarded, even by
our friends. The rebel party especially
in their platform in New York, forget
| it entirely. They tell us that the recon
struction acts are 'unconstitutionaI,r rev.
olutiOnary and void, ;" and Wade Hamp.
ton boasts that he prompted this declar-
alton. have already exhibited the
power of Congress in four different
sources; but beyond these is the prin-
ciple that Congress in the exercise Oi
/ political powers, can not be questioned,
So says the Supreme Court. Thus, Il
has been decided in general terms
'that the action Of the political branch
es Of the government in matters thai
belong to them Is conclusive" And in
the famous case Of Luther VS.. Borden
IL is announced, that where the Nation
al Government interferes with the do
mestic concerns of a State, "the Consti'
tuition, so far as it has provided for ar