The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1868-02-15

find an Interpretation, OF the extent of this
right by comparing this clause with ano,ber
on the subject of rules, and when the Same
terms are employed in given instrument.
the most clearly defined. one that you can
find furnishes the standard BY which to inter.
pret the same term in another part of the
same instrument. In another clause it is
said: ~
each house may dctermin the rules of its pro-
cecdings."
That is power anquestioned anywhere.
What are the rules Of its proceedings The
right to prescribe the hour of its adjourn
ment: the right to put in motion such legis-
lasive machinery as may be necessary to
carry on the business of congress under the
constitution and in conformity with its pro-
visions. but never in derogation thereof.
noes anys centleman claim that undor that
right to prescribe rules for its government,
this house can legis ate to the effect that this
act, when passed. by bare majority,
shall have the force and effect of statute
at-large without the executive sanction or
being passed over "a veto? That is not the
intent of the rule for the reason that it
would conflict with other provisions of the
same constitution which confer the right to
make rules. The rule must be in conformi-
ty with and not in conflict with the constitu-
ton, which authorizes the PRONUNCIATION of
rules. And so in this case. "The congress
shall have power to establish rules for the
government of the army and navy" Does
that imply that congress shall have
power to divest the President Of the United
States, q coordinate branch of the govern
ment, of his well.de6ned power under the
constitution to command the army and navy
of the Union? If it would authorize the one
it would sanction the other.
But sir, these powers were distributed by
our fathers in different departments of the
government for wise purpose and | know
of no clearer Endorsement ofthe wisdom OF our
fathers in that respect than to quote from an
article which few years ago was understood
by our friends, who constitute the ma rity
upon this floor, to be the law and gospel Of
the republican party. | adopt the sentiment
which shall quote as being correct political
doctrine to-day. | read from one of the
planks of the republican platform of 1864 ::
THAT the maintenance inviolate of the tights
of the states. and especially the right of each
state to order and control its own domestic insti
tutions according to its own Judgment exclusively
| is essential to that balance of power
! that is why the powers of the government
were vested in different departments, to c,n-
stitute balance of powers, one check ng
| the other, and each holding all in sch
well balanced regulation as to secure the ID
critics of the people
"is essential to that balance of power on vlich
the perfection and endurance of our political fab
rio depends"
According to hat. something is L be
| accomplished. What is it The "pekc-
ton and endurance of our political fat-ic."
And how is it to be secured? BY preerv-
ing that balance of power upon which j de-
ponds. How is that balance of power be
maintained By securing to each tate
"the right to order and regulate its owl do
nestle affairs in its own way That Is the
way TO maintain the balance of power, and
| that power, except so far as reserved L the
| states respectively, or to the people, is vsted
in three, not one department of our gCern-
ment.
That balance of power is essential I the
preservation and pepetuity of the Union and
that perpetuity of the Union is necessaT as
a safeguard TO the rights and privilegsg of
! every citizen in the Union.
But, further, let me instance some ases
| which think would be parallel with this,
| so far as the exercise of power by the hree
| departments of the government are coDern-
ed. Let me ask whether, in the view any
member here, the President could comsnd
or order the Supreme court 10 enter a,iven
decree, -whether he could dictate q udg-
ment to that court? Certainly not. lould
| ne appropriate money or establish lie of
naturalization? No. Why? Becaua ahe
| right to do the one is vested in the lyisla-
| tive branch, the right to do the other con
fined to the judicial department, ad in
either case he would he trenching upl the
| powers Of another department of the pvern-
| ment. When, then, either of the ether
| branches of the government proposes % III
| terfere with his constitutional powe may
We not well apprehend that we shall ave a
| conflict among the departments Of thgov
eminent or, if not conflict, that the public
| mind. when the constitution is thus openly
disregarded and the rights and priyi,ges of
one department are usurped by anottr, will
| become SO far demoralized as to lose Ill re-
spect for that instrument which its public
servants from day to day disregard al! tram
pie under foot?
Again, sir, could the Judiciary eablish
post-oifices or appropriate money When
| ever the judicial department should ssumc
so to do, it would be trenching upn the
functions of another department. Guild it
appoint an officer or prescribe rules or the
government of the army? Certain not;
because it would then invade the rovince
of other branches of the government
But, sir, the attempt is made BY gentle
men here to Justify this exercise power
upon the ground that it is the duty { con-
gress by the constitution TO "guars4tee to
every state in this Union a republican form
of government On this point | 'ish to
ask question-old, oft repeated, b. never
ye, answered. Is Virginia a state . day?
If it is a state for one purpose, it INST be
state for all purposes. If not ate for
every purpose, it is not a state for ny pur-
pose. 1t it Is not a state, then you legisla-
ton is not sanctioned by this claus because
your only authority is TO guarantee state
| a republican form of COMMENT. That isl
state as contemplated by this claue? 1t is
| a municipal organization in possession of an
executive and in possession of sgislatlve
branch for the very same claus OF the
constitution provides the mode of appealing
to the general government for tb exercise
of this power to guarantee. ii prvides that
the appeal shall be made by the legislature
if it snail be in session, or by the executive
if the Legislature be not in season.. Has
Virginia, by the recognition of tbs congress,
an executive and Legislative branch? If so.
and thses branches Of the state eovernment
are in successful operation, why 10 you term