Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1868-02-06


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 IL shall be exercised. The Con-
stitutien says that "the United States
shall guaranty TO every State in this
Union republican form government"
BY the phrase United States" here 10
meant the Government of the United
States. The United States can only act
through the Government, and the clause
would mean precisely the same thing If
it read "the Government of the United
States shall guaranty to every State i'm
this Union republican form Of govern
ment.n
Then, as the Government OF the Uni
ted States Is to execute this guarantee,
the question arises, what constitutes the
Government Of the United States? The
President does not constitute the Gov
erhmefit the Congress does not consti-
tute the Government; the judiciary does
not constitute the Government; but all
three together constitute the Govern
nsnt: and as this guarantee is to be ex-
ecuted by the Government of the United
States, 1t follows necessarily that ii must
be legislative act. The President could
not assume to execute the guarantee
without assuming that he was the Uni
ted States within the meaning of that
provision, without assuming that he was
the Government of the United States
Congress could not of itself assume to
execute the guarantee without assuming
that it was the Government of the Uni
ted States; nor could the judiciary with
out a like assumption. The act must he
the act of the Government, and therefore
it must be legislative act, a law passed
by Congress. submitted to the President
for his approval, and perhaps, in pro-
per case, subject to be reviewed by the
judiciary.
Mr.. President, that is necessarily the
case from the simple reading of the Con-
stitution seems to me cannot be for a
moment denied. The President, in as
Stunning to execute this guarantee him
self, is assuming to be the Government
of the United States, which he clearly is
not, but only one of its coordinate
branches; and, therefore, as the guaran-
tee must be legislative act, it follows
that the attempt on the part of the Pres
ident to execute the guarantee was with
out authority, and that the guarantee
can only be executed in the form of a
law, first to be passed by Congress and
then to be submitted to the President for
his approval, and if he does not approve
it then to he passed over his head by q
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 ques-
ton. ] send to the Secretary and ask
him to read part of the decision of the
Supreme CouN of the United States in
the case of Luthervs. Borden, as report
ed in Howard.
Tho e..
Moreover, the Constitution of the United
states, rs far as it has provided for an emergen-
cy ofthis kind, and authorized the General Gov
of State, has treated the subject as poiitical in
iis nature and placed the power in the hands OF
1.-The fourth section Of the fourth article of the
constitution of the United states provides that
the United States shall guaranty To every State
In the Union Il republican form of government,
and shall protect each ofthem against invasions
ana upon The Application ofthe Legislature or OF
tho Executive when the Legislature cannot be
convened) against domestic violence.
Under this article of the Constitution 1t rests
with Congress TO decide what government is the
established one in State. For, as the United
States guarantees TO each State a Republican
government, Congress must necessarily decide
what government is established in the State be-
lore II can determine whetherit is republican
or not. And when the Senators and Represent
tativos ofa State are admitted into the councils
of the Union the authority of the government
under which they are appointed, as well as its
repnn,iican character, Is recognized by the proper
-
binding upon every other department of the
Goyernment, and could not be questioned in a
Ju,ilclal tribunal. 1t is true that the contest in
this case did not last long enough to bring the
matter to this issue; and no Senators or Repre-
the Government OF which Mr. Dorr was the head.
Congress was not called upon to decide the con-
and not in the courts"
Mr.. MoRTrN. In this opinion of the
Supreme Court of the United States, de-
livered many years ago, the right to exc
cute the guarantee provided for in this
clause of the Constitution is placed i'm
Congress and nowhere else, and therefore
the necessary reading of the Constitution
is confirmed by the highest judicial au-
thOrity which we have. .'.
Mr.. JOHNSON. Do you read from the
opinion delivered by the Chief JusticeY
Mr.. MORTON. Yes, sir; the opinion of
Chief Justice Taney. He decides that
this power is not judicial; that it is one
of the high powers conferred upon Con-
gress; that it is not subject to be reviewed
by the Supreme Court, because it is polit-
ical in its nature. 1t is distinct enun-
citation of the fact that this guarantee is
not to be executed by the President, or
by the Supreme Court, but by the Con-
gress of the United States, in the form of
law to be passed by that body and to be
submitted to the President for his approx
al and should he disapprove it, it may
become q law by being passed by q two
thirds majority over his head.
Now, / will call the attention of NV
friend from Wisconsin to some other au-
thority AS he has been pleased to refer
to a former speech of mine to show that
am not quite consistent, will refer to
a vote given by him in 1854 on very i'm
portant provision. eOn the 1st of July,
1864, the Senate having under considera-
ti0n, as the Committee of the Whole, "a
bill to guarantee to certain States whose
governments have been usurped OF over
thrown republican form of govern
ment," Mr.: Brown, of Missouri, offered
an amendment to strike ont all of the bill
after the enacting clause and to insert a
substitute, which will ask the Secretary
to read.
The Secretary read as follows:
THAT when the Inhabitants of any state haye
Deen declared In state of insurrection against
dent, by force and Virtue OF the act entitled san
act further TO provide for the collection OF duties
on imports, ana for other purposes approved
to be incapable of casting any vote for electors of
President and Vice President OF the United
states, or OF electing Senators and Representa-
yves IN Congress until said insurrection In said
states Is suppressed or abandoned and said in
habitants have returned to their obedience to the
Government Of the United States, and until such
return to obedlsnce shall be declared by procla-
ing the same"
Mr.. MORTON. The honorable Senator
from Wisconsin veted for that in Conn
mittee of the Whole and on its final pas
sage. call attention tn the amendmapt