Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1868-02-28

States, or Of electing Senators or Bepresen- !
tatives in Congress until said insurrection
IN said State Is suppressed or abandoned.
and said inhabitants have returned to their
obedience to the Government OF the United
States, and until such return to obedlsnce
shall be declared by proclamation Of the
President, issued By virtue Of an act OF Con
gress hereafter TO be passed, authorizing the
same,
Mr. Morton. The honorable Senator
from Wisconsin voted Tor that 10 Commit
tee Of the whole and on its faal passage.
cali attention 20 the Amendments which de-
clares that they shall be-
Incapable OF casting any y0te for elect
ors of President or Vice President Of the
United States, or Of electing Senators OF
! Representatives in Congress unhl SAID 10
surFection is suppressed or abanaoned, and
/ said inhabitants have returned 70 their ebe-
/ dience TO the Government OF the United
States, aud until such return and obedience
shall be declared by proclamation OF the
/ President, issued by virtue O! an act OF Ton
! gress hereafter TO be passed. authDnzing the
\ same.
Recognizing that state Of waf shall be
/ regarded as continuing until Il shall be de-
/ clared no longer 10 exist by the President,
/ in virtue of an act OF Congress d be here
after passed, am glad to find, ly looking
az the vote, that the distinguished Senator
| from Maryland Mr.. Johnsonl voted for
this proposition, and thus recognized the
/ doctrine for which | am now Contendlng
I that the power to execute the guaranty Is
vested in Congress alone, and thu it IS Tor
/ Congress alone TO determine the status and
condition Of those States, and tha. the Presl-
dent has DO power to proclaim peace or to
/ 4 - qf
/ States until he shall first have been there
unto authorized By an act of ConsTess.
/ therefore, Mr.. President, takethe propo-
sition as conclusiyely established both BY
reason and authority, that this clause OF the
Constitution can be executed Only by Con
/ gress; and taking that as established, now
I proceed to consider what are the powers OF
/ Congress in the Xecuti0n Of the guaranty
how il shall be executed, and what means
NAV be cmplOyed for that purpose. 1be
Constitution does not define the means. II
does not say how the guaranty shall BE-
executed All that IS left 70 the determine
ton of Congress. As to the particular
character Of the means that must be em-
ploved, that, | take it, viii depend upon
the peculiar circumstances Of each ease: and
the extent OF the power will depend upon.
the other question ss 20 what may be re-
quired for the purpose Of maintaining or
/ guaranteeing a loyal republican form OF
government ia each State. / use the word
loyal although It is not used IN the Con
stitition, because loyalty ls an InheTng
qualification, not only IN regard 20 persons
who are TO fiji public Offices. but 10 regard
to State Governments, and We have no
right 70 recognize State GoVerBment that
IS not loyal TO the Government Of the
: TTDsscI Lt-fas "a the d u-1z 0f
means that are not prescribed ID the Con
stitution, I call the attention of the Senate
to the eighteenth clause Of section eight Of
the first article of the Constitution OF the
United States, which declares that.
The Congress shall have power 10 make
all laws which shall be necessary and proper
for carrying into execution the foregoing
powers and al other powers vested by this
Constitution In the Government Of the
/ United States or any department or officer
thereof
Here Is a declaration ofwhat would other
wise be q general principle anyhow, stbai
Congress shall have the power to pass all
laws necessary TO carry into execution all
powers that are vested in the Government
under the Constitution. As Congress has
the power to guarntee OF maintain a l0ya
! republican government 10 each State, 1t ha,
the right 20 nse whatever mesns may be
necessary for that purpose. As | before
remarked, the character Of the means viii
depend upon the character of the case. In
one case It may be the use of an army in
another case perhaps il may be simply pre-
senting a question to 1be courts, and having
{ II tested 10 that way, in another case, it may
r go 10 the very foundation OF the Govern
ment itself And | now PROFOUND this pro
e position: that II Congress, after dciiberGfi0l
+ dffeT tong aud Jto0dg erDerieHce shall cam,
j. 10 The conclusion that t0yli republican Stat
, Gore rHnieHts cannot BE- erecfed aud man
/ tanned Ia he reJet States rpm the basis D
D tie chite population, Il has a right 10 rdia
ND and make COteTS Uf class Of men sck,
j had u0 right to UOfe under the State luirs
S This Is simply the use Of the necessary
e means in the execution of the guaranty
Z IT we have found after repeated trials that
e loyal republican State governinents-gOvern
j. ments that shall answer the purpose tia
! such governments are intended TO answer
e cannot be successful founded upon the basi
n Of the white population, because the gTea
majority Of that population are disloyal
+ thtn Congress has right to raise up a ney
: loyal voting population for the purpose @
e establishing these governments in the exc
G Cutlon OF the guaranty | think sir tbi
= ~ % elaborate il. We are not Tenuired Z
y tud ia the Consultation 4. E.,rtT,tsisr .sran
G OF power for this purpose; but We fud gen
eTal grant of power, and we fad also an
c other grant of power authorizing US TO US
whatever means may be necessary to exc
# cute the first: aud we find that the Suprem
is Court Of the United States has said tina
e the judgement Of Congress upon this ques
It ton shall be conclusive, that it cannot b
l. reviewed by the courts that it Is . pureI
5 political matter: and therefore he daterm
e nation Of Congress, TINT raising ND o0lore
nlea 10 tte right Of suffrage Is a means Heca
e sa77J 10 the execution Of that poUer, IS q a
d termination tCbich cannot BE- reUietced bU n
y courts, and Is coHc{asire upon the people
/ this cogHtrg
$ The President Of the Unitnd States. a.
g suming that be had the power to exeeui
IS this guaranty, and b0sing his proclamatio
upon It. went forward ia the work of recor
y struction. 1t was understood at that time
J. il was so announced, IL not By himself,
10 least forEally BY tbeSeeTetary OF State, n
"a Seward, that the governments which
,e would erect during he vacation of ConeFe;
lt were 10 be erected as provisional only; thi
le his plan Of reconstruction, and the wor
10 that was TO be done under it, would be sui
? mitted to Congress for approval or disaI
Is proval at tie next session If the Pres
E. dent had adhered to that determination,
D. believe that all would have been veil, an
,e that the present state Of things would o,
e, exist. But, sir, the executive uuderiou
K finally 10 execute the guaranty himsel
without the cooperation Of Congress II