New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-01-27

90
ing of the Constitution is confirmed by the MgAe''
judicial authority which we have. " =
Mr.. JoHNsoN-Do YOU read from tho opinion de-
livered 10y the Chief Justice =,
Nj. MORTON-Yes, Sir: the opinion deAVeleu ~
Chief Justice fancy. He decides that tins power -
not judicial; that it is of the high powers COl
feTrcd upon Congress that it Is not subject 10 e
viewed by the Supreme Court, because IL is
in its nature. 1t is distinct enuncaton OF lIe uIo,
trine that this guarantee is not to be executed ~ INC
President or by the supreme Court but by tno 80 ~
gTess of the United States IN the form 81 Jaw ~ W
passed by that body and to be submitted TO lci IeS
If may benon,e law by being passed by two-thirds
majority over his head. Now VIII 'o t
of my friend from Wisconsin TO sCo foTar eneec 81
mine TO show that am not quite consistent wiz
refer TO a vote given by him IN Io94 Oh very import
ont nrovision On the 1St of July lobi the senate
having under consideration rs III committee OF lhe
Whole n bill to guarantee 10 certain States whose
governments have been usurped or 0veIthIowln;
republican form of government Mr. Brown OF MIS-
sonri offered an amendment TO strike out all OF the
bill after the enacting clause and to insert substi-
tute which / viii ask the Secretary TO read. The
That Wien the iuharts Of say State have been declared
dent by force and yue Of the act entitled Au fer provide
r The collection Of duties on imports a1l g Gle pun Se, II9ed
casting any vote M electors Of Padc4i elt ne nie1
surrecton suppressed abandoned and i inhabitants
r NH .re Tr to DC eee shall be declared Is proclamation
the President issued by virtue Of an act Of Congress LGealeT to he
Mr. MORroN-The honorable Senator from WscOn-
sin voted for that III Committee of the Nhcle and
its final passage. call attention 10 the conclu-
sion of the amendment, which declares that they
Incapable Of ca,gsry vote sr electors O President Or Vice
5o d said rhnt have returned to her to tie Cot
Of c United Sistes AID mil such return AID obedience san
ie de'rd by proclamation Of The Pct ut by virtue Of an act
RECOGNIZING thar state Of war shall he regardcd as
continuing until IL shall ~ declared no longer to eX-
et by the President in Virtue q an act OF congress
1,o ftav ,tcSal | an oil
at tho vote that the distinguished Senator nom Mary.
land (Mr. Johnson voted for this pIoposltlon anu
thus recognized the doctrine for which ! am now
cOntcndng; that the power TO execute the guarantee
is vested in Congress alone and that 1t is Tor Con-
gIcss alone to determine the status ana cohdltlon OF
those States and that the PRESIDENT mas no power 10
proclaim peace or 10 declare the political condition
of those States until he shall first have been there
ITO authorized by an act of Congress. therefore
Mr. President take thepIOpON rs c0nclUlNelyes-
tablished. both by reason and authority, that tins
clause of the Constitution can becXecutcd only by Con
gTcss and taking that as established now proceed
TO consider what are the powers OF Congress IN the
execution Of the guarantee, how shall be executed
aud what means may he employed for that purpose
The Constitution does not deIne tnc !icdlr ~ GOES
not say how the guarantee shall DE executed. Al
that IS left 10 the determination OF Congress. As 10
the particular character OF the means that must DE
employed, that take il. VIII depend upon the pCcu-
liar circumstances Of each case; and The extent ot
the power Will depend upon the other question as 10
what may be required Tor he purpose Oh maintaining
or guaranteeing loyal republican lOiu OF govern
Went in each State. uSe the word loyal, although
il not used i'm the Constitution because loyalty IS
an iuhcTing qualification not only ~ regard TO per
who are 10 iii public offices, Int IN regard TO
state governments, and We have no lleht 10 Iceog-
nize a State government hat is not loyal % the Gov
eminent of the United States. Now, Sin. rs 10 the
use Of means that are not prescribed IN the CGnstu
ton call tie attention Of the Senate 20 the eighteenth
clause OF section eight OF the hrst article OF tho
Constitution OF the United states, which declares
that
esf oieT' vested By hi. The cOeu,a Of Che United
Here is a declaration Of what would otherwise be
general principle anyhow. that Congress shan have
the power 90 pass all laws necessary To carry INTO cN
ecution all powers that are vested IN the Government
under the Constitution. AS Congress has the power
to guarantee or maintain loyal lephbhcan Govern
mcnt ln each state II has the ight 10 use NhdteVor
means may be necessary for that purpose. AS be-
fore remarked, the character OF the means VIII de-
pend UU0n the character of the case. In one case ~
may hc the Of an army; III another case perhaps
it may be simply presenting question 10 the courts,
and having il tested in that way IN another case III
NAV 20 TO the very foundation OF the G0Nernnent
itself And now PROFOUND inns ploPoslu9h' 'hat -
Congress- after dellDeI3lOn, aiter long ana
bloody experience; shall come 70 the con. con-
neuts cannot be erected and maintained IN the
Rebel States upon the basis of the white popu,
laion il has p night to raise up and make voters OF
n class Of men who had no right TO vote under the
State laws. This is simply the use OF the necessary
means in the execution of the guarantee If we have
found after repeated trials that loyal republican
State Governments. governments that shail answer
the purpose that such governments are INTENDED 10
answer, cannot he successfully lOunutu upon inc
basis of The white populaloi because hc great ma
jorty of that population are dsoyal then Congress
has night to raise up new loyal voting population
for the purpose OF establishing hesc governments IN
the execution Of the guarantee. j think. Sir, this
proposition clear that IT IS not necessary TO vI"
orafe it, We are not required 10 iind III the Consti-
tuition particular grant OF power Tor TINS purpose
bat We find a general grant oil power, ana we ma
also another grant of power authorizing us 10 use
whatever means may be necessary 10 execute
tbe first; aud we lind that the supreme Court
Of the United States has said that the lndg-
mcut of Congress upon tins question shal DC
conclusive. that il cannot be reviewed by
the Courts that II is purely political matter and,
therefore the determination Of Congress, that 1als-
ing ~ coered men 10 he right OF suffrage IS means
necessary IA the execution q that power IS deter
mination which cahn6t be, toIle.Wed ny ihe courts
and is conclusive upon the peogs t1s coIH H
The President of the UpiteG states assuming uia y,
had the power to execute this 8iafantee, and baSng
his proclamation upon it, went forward III the work
of reconstruction. IL understood al That TIME
il was so announced, if not by himself at least 10lIn-
ally bv the Secretary of State, Mr. Seward-tha the
Governments which he would erect during the yaca,
ton of Congress were to be erected as provisional
only that bis plan of Reconstruction and the work that
was TO DC done under it would be submitted 20 Con-
f1fs for It's approval disapprOval at the next SEES
siQg II Ihe President had adhered to that aeterpDQ:
ton believe that all wOuiu nave Deen well and that
tho present state of things would not exist But Sir,
the Executive undertook finally to execute the guar
antee himself without the cooperation OF Congress-
lie appointed provisional governors giving to them
unlimited power until such time as thenew State gov
ernments should be erected He prescribed in his proc
lamation who should exercise the right of suffrage
in the election of delegates. And allow me for one
moment to refer to that. lie says III his proclama-
ton
no person shan he qualified as eleciO shall be eligible
member % unless he shall have previously taken and
Subscribed tie oath amnesty forth the Presidents poelana'
uon Of MAY ~, A. d. ls65"-
which was issued on the same day and was part OF
the same transaction
And qualified prescribed bT the constitution and laws OF
May, A. b. 1861"
The persons having the right to vote must have the
right to vote by the laws of the State and must in