Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1868-09-11
i Cont 80 go - 80. ]


Cont in1sea from first page.J
Federal rights, that government thus
formed is a new government, as much
az though the people of Georgia had
never had a government whatever
What difference can It ma ke, for in
stance, with this power Of Congress to
admit a State Government, and to
frame a government, whether the peo-
pie who are to be admitted have once
had government which they have de-
stroyed, or whether they never had
government.
For instance. we have, west of the
Rocky Mountains, so many square
miles of territory, and SO many cit
zens of the United States born in the
country. We say Those people
are our people that soil is our soil,
and they are entitled to our prokee-
tion." The Government of the Uni
ted States establishes a Territorial
government there, and protects them
until such times as they come to q
proper condition to be admitted as
State, in full communion, into the
Union.
Now, this power and jurisdiction of
Congress to do this thing grows out of
this fact, simply, that our citizens are
dwelling IN compact community, up
on cur soil, WifHou6 local government
Git Is no consequence how that state OF
things is brought ahonk-Whether it is
because they mOvea there aud never
had a government, or because they
have been there and once had a gov
ernment, aud destroyed IT'D ifthey are
our people dwei ling upon our terri
tory, aud have no government the
United States is bound to put a civil
government there.
1t this point he grand t0rchlight
procession filed Iuto the square and
the speaker suspended his remarks for
2e8 moments, resuming as follows
have forgotten precisely where /
was addressing the world before the
test of man K ind came in but believe
had got through with saying hat /
-Es4ssfI posed tt,fn reference 10 the power
OF Congress 20 admit new States; anu
claimed that that covered the entire
ground, and gave Congress the constr
tutiOnal power 70 reconstruct a State
government for Georgia. Suppose, for
lhe sake of argument, that we admi
what the Democrats claim that Georgia
never was out of the Union, and that
her territory and people remaining IN
the DniOn-aS we conceded they al
Ways did because they could not get
ed as a State of the Union. The Con-
stitution provides that the United
States shall guarantee to every State a
republican form OF government. Now,
if Georgia was not a State of tue Union
She was a State without any govern
Enent whatever, consequently she had
no republican form OF State govern
nleslt. aEd Congress was called upon in
lis capacity Of Ieglslat3ng and eXecu1-
4ns that power TO take the proper steps
ernnenG in Georgia. This guaranty Of
the Constitution was intended to secure
to the Union a republican State Govern
rnent for such state, without reference 4
to the wishes of The people OF a partlcu-
lar State. If New York Tor instance,
tomorrow should call co1Tentiop, 4
and change her form Of government
from 8 republican to a mODaTchIcaI
government. it would be lLiH duty of
Congress to interfere, because the Con-
st1tubion makes it the duty of the Uni
ted States to see to it that there is a re-
publican form of government for them
in New York; and if she should call
convention to abolish the form of the
government, and resolve herself back in
to her original condition, so much soil
and so many people without any govern
naent whatever, Congress, in this case,
would. be compelled to take particular
steps to put a State Government there
for the state of New York, because the
Constitution has imposed this duty up
on the General Government; and the
Constitution has provided that Con-
gress shall pass all laws necessary to
execute all the powers which the Con-
stitutiOn has conferred upon the United
States. This has been so frequently de-
eided by the Supreme Court OF the Uni
ted States-AEO clearly has il been an
nouneed by Chief JuAlice~ Gardner, es-
Decialfv in the Rhode Island case, as it
is called, reported in the seventh Of
Howard, where he distinctly lays down
the doctrine that it is the province OF
Congress, and Congress alone, to de-
termine whether the form OF govern
menb is republican. IG must also have
the power to say whether there is a gov
ernment there at all, because without
so doing, it cannot determine whether
a particular form Of government is re-
publican or not-aud that this duty
rests upon CongK Kess-and when it acts
in the premises its decision is binding
upon every part OF the govern nenty ana
can not be questioned IN court. This
doctrine is SO clearly and fully decided
that there is no necessity Of argument
beyond referring you to those de cisions.
In two or three cases they have been
before the Supreme Court, and have
been settled beyond dispute, and upon
those three grounds that nave men
toned first, that the power is clearly
in the Congress of the United States,
and is not conferred specifically upon
anV department; secondly, the power
in Congress to admit new State Gov
ernments, covers the State, and author
ICES Congress to organize a Government
for the purpose of being admitted and
thirdly, the duty which the ConsGitu-
tion imposes upon Congress TO take care
that at all times there snail be repub-
ican State Government for each State
from that ground alone the power is
clearly dedueible-from these three
facts-from these three separate sour
ces, we derive the power of Congress
to organize State Governments for the
rebelIiOus States, which were left at the
end of the war without any form OF
government whatever. 1 have pro-
posed this evening 10 conine myself
strictly to discussion OF the constItu-
tiona1 power of Congress, and shall
leave i for another occasion, perhaps at
Galena, on Friday evening, 10 discuss
the other independent question, OF how
wisely and how we'll Congress has eX-
ercised that constitutional power. TINS
is distinct subject, too full to be spoken
of here Tonight under the circuustan
Ces, and at the foot of a speech. / shall
leave the subject OF ofreconstruclioe, then,
with this imperfect discussion of The
constitutional power Of Congress. That
is the only issue which the Democratic
platform makes on the subject. They
do not question the details OF their acts /
They struck the death blow to the sys-
TEN bysaying that the whole proceed |
1ngs are unconstitutional, and there |
fore void. If have succeeded in con- /
convincing you that Congress has the |
constitutional power, my object has /
been accom- plfshed and that was all i +
intended to do when came upon the I
platform.