The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1868-02-06
OHIO, FEB 8. 1868.

1'bbedience shaH' be declared by
1lyroclabAtion Of tho. President, Is.
Sued BY virtue Of an act.oi Congress
hereafter to bo passed, authorizing
the same"
Recognizing that the state Of wal
shall be regarded as continuing un
I'll It shall be declared no longer Il
exist BY the President, in virtue O
an aet Of Congress TO be hereafter
passed. am glad to find, by look
iirg atthevote. that the distinguish
ed Senator from Maryland Mr.
Johnson] voted for this PROPOSE
tion, and thus recognized the doc
trine for which ain now contend
ling; that the power 10 execute the
lguarantce is vested in Congress
alone, and that 1t is for Congress
alone to determine the status aDd
condition Of those States, and thai
I the President has no power 10 pro
claim peace or to declare the politi
cal condition of those States unit
he shall first have been thereunto
authorized by an act of Congress
therefore, Mr.. President, take
the proposition as conclusiveIy
established, both by reason and
authority, that this clause of the
Constitution can be executed only
By Congress; and taking that as
established, | now proceed TO con-
slider what arc the powers Of Con-
gress in the execution Of the guar
antce, how it shall be executed, and
what means may be employed for
that purpose. The Constitution
docs not define the means. 1t does
not say how the guarantee shall be
executed. All that is left to the
determination Of Congress. AS 10
the particular character of the
means tha. must b.; employed. that
| take it, will depend upon the
peculiar circumstances Of each case
and the extent Of power will de-
pend upon the other question as tc
what may be required for the pur
pose of maintaining or guarantee
ing a loyal republican form of gov
ernment in each State, use the
word '''loyal." although it is no
used in the Constitution, because
loyalty is an inhering qualification
not only in regard to persons who
are to fill public Offices, but in re
gard TO State governments, and We
have no right to recognize u State
government that is not loyal to The
Government of the United States
Now, sir, as to the use Of mean:
that are not prescribed in the Con
stitution, / call the attention OF the
Senate to the 18th clause Of sec
ton eight of the first article OF th'
Constitution Of the United States
which declares that ta:
"The Congress shall have powe
to make all laws which shall b
necessary and proper Tor carryin!
into execution tie foregoing power
and all other powers vested by thi
Constitution in tho Government c
the United States or any de
partment or officer thereof" -
II Hero is q declaration of wha
would otherwise be a genera
principle any how, that Congress
shall have the power to pass al
laws necessary to carry into execu
ton all powers that are vested il
| the Government under the Con.
stitution. AS Congress has the
power to guarantee or maintain Il
loyal republican government ir
each State, 1t has the right TO ust
whatever means may bo necessary
for That purpose. As | before re
marked, tho character of the mean:
will depend upon the character o
the case. In one case it may b'
the use ofan army;in another cas-
perhaps it may be simply pro
senting question to the courts
and having it tested in that way
in another case it may 90 to III,
very foundation of the Governmen
itself. And | now PROFOUND thi
proposition: That if Congress, af
Ter deliberation, after long anC
bloody experience, shall come t
the conclusion that loyal republi
can State governments can not b.
erected and maintained in the rebe
, States upon the basis of the whit
population, il has q right to rails,
up and make voters o! q class o
men who had no right TO vote un
der the State laws. This is simply
the use OF tho necessary means il
the execution of the guarantee
If we havo found after repeated
trials that loyal republican Stat,
governments, governments that
shall answer the purpose that sucl
governments are intended to an
swer. can rot be successfully found
cd upon the basis of the white pop
ulation, because the great majority
of that population are disloyaI, thel
Congress has a right to raise up
now loyal voting population for th
purpose of establishing these gov
ernments in tho execution OF th
guarantee. l think, sir, this pro
position is so clear that it is no
necessary to elaborate it. We ar
not required to find in the Consti
tuition particular grant of powe
for this purpose; but wc find gen
: eral grant of power, and We fin
also another grant of power author
izing US to use whatever mean
= may be necessary TO execute tn
first; and we find that the Suprem
| Court Of the United States has sal
, that the judgment of Congress up
on this question shall be conclu
Give thot IT, can NOT he reviewed b