The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1868-02-06

!
ed the people Of the State of North Carolina Of al
eivh sovernmens: and whereas il becomes nccessar,
the United States the People of North Caroline il
Of goverument"
I real this, Mr.. President for the pur
pose OF showing that the President o.
the United States. in his policy of re
construction, started out with q distinc,
recognition of the applicability of this
cianse OF the Constitution, and that he
based his system Of reconstruction up
on IT, 1t is true he recites in this proc
lamatinn that he is the Commander in
Chief of the Army OF the United States;
but at the same time he puts his plan of
reconstruction not upon the exercise OF
| the military power which is called tc its
aid, but on the execution of the suaran-
tee provided by the clanse of the Con
stitution to which have referred lie
appoints Il Governor for N,rta Carolins.
and for these other States. the oifi e be
ing civil in it's character, hu4 military il
| it's effects. This Governor ha, all The
| power of one of the district corn IN inders.
and, in fact, far greater power than was
conferred upon General Pope or Gener
al Sheridan or any general in command
! of district; for it is further provided ::
y
and all officers and persons in the military and val
service, cid and assist the said provs iona
in carrying into effect this proclamation"
We are then agreed upon the second
proposition, that the power of the Uni
ted States to reconstruct and guaranty
republican forms of government at once
applied when these States were found in
the condition in which they were at the
end Of the war. Then, sir, being agreed
upon these two propositions, we are
brought to the question as to the proper
form OF exercising this power and by
whom 1t shall be exercised The Con
stltutlon sa3s that "the United States
guaranty to every State in this Union q
republican form of government" Bv
the phrase ''United States" here is meant
the Government of the United States
| The United States can only act Through
the Government. aud the clause would
mean precisely the same hing If it read
1.-THE Government of the Uaited States
shall guaranty to every Staten this Un-
ion q republican form of government"
Then. as the Government of cse Uni
ted States is to execute this guarantee.
the question arises, what con -titutes the
Government Of the United States The
President does not constitute the Gov
ernment the Congress does not con
stitute the Government the judiciary
does not constitute the Government
but all three together constitute the
Government and as this guarantee is
to be executed by the Government of
the UhiIed States IL roifOws necessarily
that it must be a Legislative act. The
President could not assume to execute
the guarantee without assuming that he
was the United States within the mean
ing OF that provision, without assuming
that he was the Government of the Uni
ted States Congress could not of itself
assume to execute the guarantee with
out assuming that it was the Govern
ment of the United States nor could
. the judiciary without like assumption.
The act must be the act OF the Govern
mont, and therefore it must be Ie!riS
lative act, law passed by Cong gross.
submitted to .he President for his ap
proval, aud perhaps, in a proper case,
subject to be reviewed ny the judiciary.
Mr. President, that this is necessarily
the case from the simple readinr OF the
Constitution seems to me cannot be for
. moment denied Tue President, in
assuming to execute this guarantee
himself, Is assuming to be the Govern
ment of the Ua!ta,! States, wlsich he
clearly is mo-. nut only one of ~ co-ar
dihate branches; and. there are, rs tb-
guarantee mist be q legs at We 20 ~
follow. that the attempt on TIE pa. g
the President execute the gua.s"es ~.
was SrtuOut Hutas,riI,.-~-sa' .".' N''e
yuaran,---~.a only be executed IN ,:ie
form of law, first to be passed ny Goa
gress and then to be sub bnitted to the
President for his approval, aut if he
does not approve it then to be passed
over his head by majority of two thirds
in each House. That law then, becomes
the execution of the guarantee and is
, the act OF the Government of the United
States.
Mr. President, this IS not an open
question. l send to the Secretary and
ask him to read part Of the decision of
the Supreme Court Of the United States
| in the case Of Luther -. Borden, as re-
ported in Howard:
The Secretary read as follows:
"Morsover the Constellation Of the United States,
kind. AID .usAorised the Geasral Govsrnmsst in
tesfere in ths domestic concerns Of state has treat
ID the subject political in is nature ard placed
The power in the hands of that dspartment-
THE fourth section Of the fourth article OF IN
Constitution Of the United States provides that tha
United ss.sss :a.n fS.s.o 70 s,s,y o'. .sa - = !.
protect each Of then against nvasioe And upon toe
application Of the Legislature or Of the Executvs
lwheu the Legisiature cannot Be eonvened) aga'ns'
aUnder this articls Of the Consultation it rests wisl
Congress decide What government !. the establish
a one in \ State For, tho United States RuarAD
I 49, to each State . republicaa government, Con
! eress must necessarily decide what Eovsrnnent II
-ses,cr Il i. rep1biioan or sos. And ben the Sem
asors and Representative Of . Sea1s aRO admiteee
into the councils of The Union the authority OF "a
goverumens under-which they are apposntsds ~ wel
. ;es repuhlcau ehara.ser, recOEniDed By the pro