Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1868-02-28

effect this proclamation.
We are then agreed upon the second pro- I
position, that the power Of the United States
to reconstruct and guarantee Republican
forms of government at once applied when
these States we're found in a condition in
which they were at the end of the war.
Then, sir, being agreed upon these two pro-
positions, We are brought TO the question as
to the proper form of exercising this power,
and by whom il shall be exercised. The
Constitution says that ''the United States
shall guarantee to every State in this Union
a Republican form nf Government BY
the phrase United States here Is meant
the Government Of the United States The
Uni. ed States can only act through the
Government, and the clause would mean
precisely the same thing II 1t read ''the
Government of the United States shall guar
antee 10 every State IN this Union Repub-
ican form of government
Then, as the Government of the United
States is TO execute this guaranty, the que
ton arises, what constitutes the Govern
ment Of the United States? The President
does not constitute the Government; the
Congress does not constitute the Govern
ment the judiciary does not constitute the
Government; but all three together cOnsti
tute the Government and as this guaranty
is to be executed by the Government Of the
United States, it follows necessarily that it
must be a legislative act The President
could not assume to execute the guaranty
without assuming that he was the United
States within the meaning Of that provision
without assuming that be was the Govern
ment of the United States, Congress could
not ofitself assume to execute the guaran
ty without assuming that It was the Gov
eFnment of the United States; nor could
the judiciary without a ike assumption.
The act must be the act Of the Government,
and therefore it must be a legislative act,
law passed by Congress, submitted to the
President for his approval, and perhaps IN
a proper case, subject to be reviewed by the
judiciary.
Mr.. President, that this is necessarily the
case, from the simple reading of the Consti-
tuition, seems to me cannot be for moment
denied. The President, in assuming to ex-
ecute this guaranty himself, is assuming to
be the Government Of the United States,
which be clearly Is not; but only one Of its
coordinate branches and therefore, as
this guaranty must be a legislative act, 1t
follows that the attempt on the part Of the
President to execute the guaranty was
without authority, and that the guaranty
can only be executed in the form of a law,
first to be passed by Congress aud then to
be submitted, to the President tor his ap-
proVal, and If be does not approve II, then
to be passed over his head by a majority OF
two thirds In each House. That law, then,
becomes the execution of the guaranty 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 a part of the decision of the Supreme
Court Of the United States in the case Of
Luther vs. Borden as reported in ! How
ard
The Secretary read as follows:
Moreover, the Constitution Of the
United States as far as 1t has provided for
an emergency Of this kind, and authorized
the General Government to interfere IN the
domestic concerns of the State, has treated
the subject as political IN its nature and
placed the power in the hands OF that de-
partment.
The fourth section OF the fourth article
Of the Constitution Of the United States
provides that the United States shall guar
autee to every State in the Union q Repub-
ican form Of government, and shall protect
each Of them against luYaslon; and upon
| the application Of the Legislature or Of the
Executive when the Legislature cannot be
| cOnvened) against domestic violence.
Under this article of the Constitution 1t
/ rests with Congress to decide what govern
| ment is the established one ina State. For,
as the United States guarantees to each
/ State a Republican government, Congress
/ must necessarily decide what govern
/ ment Is established 10 the State before II
can determine whether it is republican or
/ not And when the Senators and Repre-
/ sentatiyes Of a State are admitted into the
| councils Of the Union, the authority oi
the government under which they are ap-
pointed as well as its republican character
Is recognized by the proper constitutional
| authority. And It's decision Is binding upon
every other department Of the Government.
! and could not be questioned IN Judicial
| tribunal. Il is true that the contest IN thI.
| case did not last long enough to bring tbt
| matter to this issue: and as no Senators ol
Representatives were elected under The
authority Of the Government Of which Mr.
Dorr was the head, Congress was not called
upon to decide the controversy. Yet the
| right to decide is placed there, and not II
the courts
Mr.. Morton. In this opinion Of the Su
preme Court of tie United States, deliver
ed many years ago me right to execute th'
guaranty provided for in this clause Of th,
Constitution is placed In Congress aud 10
were else, and therefore the necessary
reading Of the Constitution Is confirmed b.
the highest judicial authority which w
have.
Mr.. johnson. Do you read from tn,
opinion delivered by the Chief Justice?
Mr. Morton. Yes, sir; the opinion 0
Chief Justice Taney. He declares that thi
poweris not judicial; that it IS one Of tn
high powers conferred upon Congress- tha
it is not subject to be reviewed by the su
preme Court, because it is political in it
nature Ii is q distinct enunciation Of th
doctrine that this guaranty is not TO be exc
cuted by the President, or by the Suprem
Court, but By the Congress of the Unite
States, in the form Of law to be passed b
that body and to be submitted to the Pres
dent for his approval; and should he dis
approve it, it may become a law by beln
passed by 4 two-thirds majority over hi
head
Now, I will cali the attention Of N
friend from Wisconsin TO some other au
thority As he has been pleased TO refer t
former speech Of mine 70 show that | al
not quite consistent, | will refer to a vot
given by him in 1864 on a very importau
! provision. On tue first OF July, 1864, tn
, Senate having under consideration, as !
; Committee of the Whole. "a bill to guar
antge to certain States whose government
! have been usurped or overthrow, re
publican form of government, Alr. Brown
Of Missouri, offered an amendment to strik
out all of the bill after the enacting clause
aud TO insert a substitute, which | Will as
; 4 the Secretary to read.