The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-01-30
of the United States. which declares

I 1.-The tongresssllaIl have power to make
/ all laws which SHAH be neees airy ana PROB
er for carrying INTO execution the forego
ing powers. and all other powers vesi ed by
this Con, titution in the Government OF
the United states or any department or
officer thereof
80 Here is a declaration of what would
= otherwise be general principle any
how, that Congress shall have the
4 power to pass all laws necessary to
carry into execution all powers that
are vested in the Government under
the Constitution As Congress has
the power to guarantee or maintain
a loyal Republican Government IN
each State, it has the right to use
whatever means may be necessary for
that purpose. As before remarked,
the character of the means will de-
pend upon the character of
the case. In one case 1t may be
the use of an army; in another case,
perhaps it may be simply present
ing a question to the courts,
and having it tested IN that way; in
another case it may go to the very
foundation Of the Government itself.
And | now PROFOUND this proposition:
that if Congress, after elaboration,
after long and bloody experience.
shall come to the conclusion that
loyal republican State goyernme ats
cannot be erected and maintained In
the rebel States upon the basis of the
white population, it has right to
raise up and make voters of class of
men who had no right to vote under
the State laws This is simply the
use of the necessary means In the exc
cution of the guarantee. If we have
found after repeated trials that loyal
republican State governments, gov
erDments that shall answer the pur-
pose that such governments are In
tended to answer, cannot be success
fully founded upon the basis of the
white population, because the
great majority of that population are
disloyal, then Congress has a right to
raise up new loyal voting population
for the purpose of establishing these
governments IN the execution of the
guarantee. / think, Sir, this propo-
sition is so clear that it is not neces-
sary to elaborate it. We are not re-
quired to find in the Constitution
particular grant of power for this
purpose, but we find a general grant
of power, and we find also another
grant of power authorizing us to use
whatever means may be necessary to
execute the first; md we find that the
Supreme Court of the United States
has said that the judgment Of Con-
gress upon this question shall be con-
elusive, that it cannot be reviewed by
the Courts, that it is purely political
matter; and, therefore, the determi-
nation of Congress, that raising up
colored men to the right of suffrage
is a means necessary to the execution
of that power, is a determination
which cannot be reviewed by the
Courts, and is conclusive upon the
people of this country. The Presi-
dent Of the United States, assuming
that he had the power to execute this
guarantee, and basing his proclama-
ton upon it, went forward in the work
of reconstruction. 1t was understood
at that time-it was so announced, if
not by himself, at least formally by
the Secretary of State, Mr.. Seward
that the Governments which he would
erect during the vacation of Congress
were to be erected as pro-
visional only; that his plan
of reconstruction and the work
that was to be done under it, would
be submitted to Congress for its APP
proVal or disapproval at the next SEES
sion. If the President had adhered
to that determination | believe that
all would have been we'll, and that
the present state of things would not
exist. But, Sir, the Executive under
took finally to execute the guarantee
himself without the cooperation of
Congress. He appointed Provisional
Governors, giving to them unlimited
power until such time as the new
State Governments should be erected.
He prescribed, in his proclamation,
who should exercise the right OF
suffrage in the election of delegates.
And, allow me, for one moment, to
refer to that. He says, 10 his procla-
nation:
Mcpherson shall be qualified as an eiec-
tor, or Shall be eligible as a member OF
such Convention, unless he shall nave pre-
Vlously taken and subscribed the oath OF
proclamation of May %, A. ID. 1855. -
which was issued on the same day and
was part of the same transaction
And is voter qualified as prescribed
oy the Constitution and Laws of the State
OF North Carolina in force immediately
before the 10Th day of May, A. d. lSjI.''
The persons having the right. to
vote must have the right to vote by
the laws of the State, aud must. in
addition to that, have taken the oath
Of amnesty The President disfran.
chised in voting for delegates to the
convention from 100000 to 500 00C
men. His disfranchisement was far
greater than that which has beer
done by Congress. In the proclan.a.
ton Of amnesty he says:
HTle follo,1iy,o CLASSES ~ nArso,,s -.