The Highland weekly news. [volume] (Hillsborough [Hillsboro], Highland County, Ohio) 1853-1886, 1868-09-24
THE POWERS OF CONGREss
IN REGARD 10 THE STATE
GOVERNMENTS.

iBOy was one Uy WI --@ss IL 1dL keLll6If
whice was mainly a constitutional argu-
ment. We extract from the Chicago Tri-
bune report part Of this speech relating
to the powers Of Congress in the recon-
structiou Of States:
When Congress finds inhabited terrific
ry within the limits Of the United States
without civil government, It may cake
( steps to form a State government for them
to be admitted into the Union. And what
difference can it make, in such a case,
whether they had never had a local gov
ernment, or once had one which they have
since abandoned or destroyed? It is the
fact of such people being without such
government, and not the time or Uircum-
stances at or under which such state Of
things came to exist, that gives Con
| gress jurisdiction.
Therefore, when, at the close Of the war,
the territory and people Of Georgia were
found without a State government, Con-
gress had the same right to organize a civ
/ il government for them that it would have
had if such territory, inhabited by 20 many
people, had been found west of the Rocky
| Mountains. And il was a matter purely
withinsthe discretion Of Congress to say
/ how long the people Of Georgia should re-
main subject to such government, and
when it would be proper to admit them as
States Of the Union.
To this it may be replied: The power of
Congress to admit tnew States" is cOnced-
ed; but Georgia is not new State. It was
one Of the original thirteen. But "the
State of Georgia. when we speak of it as
a member of the American family, means
the State governments; and after her peO-
pie, in 1860 or 1861, destroyed that govern
ment and organized under the revolutions
ary government which existed during the
war, there was no State government of
Georgia in a constitutional sense; none
that could be recognized as q constitution
al State government; and when subse-
lquently another government was organ
lied for admission into the Union, it was
la new estate" as truly as though there
had never been a Estate Of Georgia" in
the family Of States. But,
8. Suppose we coneede for the purpose
of the argument that the power to admit
new States, that is, new State govern
ments, does not apply to Georgia; and that
she has always been a State Of the Union.
It is clear that she was a State without a
State government Of any kind, if she was
a State at all, at the close Of the war. Now
the Constitution provides, article 4, sec
Ition 4:
s'The United States shall guaranty to
every State in this Union a republican
form of government, and shall protect
each Ofthem against invasion; and on ap-
plicatiOn Of the legislature, or Of the EX-
lecutive when the legislature cannot be
convened, against domestic Violence"
And again, article 1, section 8; ''Thti
Congress shall have the power to make all
laws which shall be necessary and prop
er for carrying into execution all pow
ers vested by this Constitution in. the
government of the United States or iT
any department or officer thereof"
If,as Ihave shown, Georgia, at the close o
the war, had no civil government whatever
then it is certain she had not ga repUbli'
can form of government" and it was th'
undOubted right and duty of Congress tC
pass laws for the purpose Of putting sucf
government there.
But to this it will be replied that Con-
gress did not at FIRST pass any laws upon
the subject; and the President proceeded tC
call a convention to frame State govern.
ment, which government was formed, or.
} ganized, and was in operation, in tact, be-
fore Congress pretended to pass any laws
for the organization Of State governments
in the South; and thai the government 50
existing was republican in form, anc
ought to have been admitted. shall pur
pOsely cOnfne myself this evening to
discussion of the constitutional power o
Congress in the premises; and shall, OF
some future occasion, examine and dis
cuss the other and distinct question
whether Congress has exercised its power
. wisely and justihably.
The question here is, had Congress the
2 constitutional power to say that the gov
ernments which were organized in the
Southern States under the auspices Of the
President, were not republican in form,
: and 80 refuse to admit them into the
= Union?
The question has been settled by the Su-
preme Court of the United States in ar
opinion by Chief Justice Taney, whose
! authority cannot be denied BY any Demo
crat, in the case Of Luther vs.. Border
u How, y, growing out Of the Rhode Isl
and difficulties. The Court, by the Chiei
Justice, says:
"Under this article of the Constitution II
rests with Congress to decide what gov
r ernment is the established one in a State
For as the United States guaranty to each
State Republican government, Congress
must necessarily decide what government
J. is established in a State before 1t can de-
termine whether it Is Republican or not
And when the Senators and Representa-
tives of a State are admitted into the
councils of the Union, the authority of the
! government under which they are ap-
4. pointed, as well as It's Republican charac-
ter, is recognized by the proper cOnstitu-
tiOnal authOrity3and its decision is binding
en- every other department Of the govern
mpnt, and could not be questioned in a
Judicial tribunal 1t is true that the con-
tcst in this case did not last long enough
to bring the matter to this issues. and as
no Senators OF Representatives were elect
ed under the authority of the government
, of which Mr.. Dorr was the head, Congress
was not called upon to decide the cOntrO-
) versy. Yet the right to decide was placed
. here, and not In the courts"
In Scott Ggt. Jones, How, 3l3, the
lopinion Of the Supreme Court was sought
) as to whether statute passed by the pre-
tended State government of Michigan, be
fore It was admitted into the Union, wa:
] valid after the admission of the State. The
, lcOurt held that Congress had the exclu'
fsive power of determining as to the validi
tv of a State government, and when Con
rress had decided by admitting the State
? ! the statutes passed by such government,
leven before admission, were as valid as
2 those Of any other State government. Mr.
Justice Mclean and Mr.. Justice NelseT
dissented upon other points, but went a.
far as the other judges in support of thu
lpower of Congress in the premises. They
. say
s.Nyo act Of the people of territory, with
? out the sanction of Congress, can chang
the territorial into a State government
The Constitution requires the assent o
2 Congress for the admission Of State int,
4 1.-THE Union, and the United States guaran
tv to every State in the Union a republi
{ I can form of government. Hence the ne
cessity, in admittiOg State, for Congress
to examine its constitution"
These decisions are conclusive upon th
Question of the power of Congress to de
g termine whether the State government
i, created in the South under the PRESIDENT
proceedings were valid governments
which ought to be admitted to the UniOr
! or not.
The soldiers Children's Home at Tren
ton. New Jersey, has now one hundred
and sixtv-twO inmates. This numbe
, entirely fills the establishment, and Their
are new about fifty applicants waiting
TO be received as soon as the two new wing
are completed.