Litchfield enquirer., 1868-02-06
RECONSTRUCTION.
sE.1AroR HoRroS's SPEECH.

SENATOR AoRToN;s SPEECH
 We make the following extracts from the Speech of Ex-Governor Morton of Indi- ana, delivered in tue U $ Senate, Jan 24, 186S:- ~.-.
 The issl,e here to-day is the same which prevails throughout the country, which will be the issue of this canvass, and perhaps for years to come. To repeat what ] have had occasion to say elsewhere, if is between two paramount ideas, each struggling fol the supremacy. One is, that the war to suppress the Rebellion was right and just on our part; that the Rebels forfeited theil civil and political rights, and can only be restored to them on such conditions as the nation may prescribe for it's future safety and prosperity. The other idea is, that the Rebellion was not sinful. but was right that those engaged in 1t forfeited no rights, civil or political and have right to take charge Of their State Governments, and be restored to their representation in Con- gress, just as if there had been no rebell- ion and nothing had occurred. The issue before the Senate now is between the eX- isting State Governments established un- der the policy of the President of the United States and the Rebel States in the plan of Reconstruction presented by Con- gress.
 Gov. Morton then cites the proclama- tion of President Johnson, under which reconstruction was commenced in North Carolina in 1865, as showing that all par ties were agreed on two points: That, at the end Of the war, there were no govern ments of any kind existing in the revolted states; that it was the duty of the Gov ernment of the United States to establish State Governments. The preamble of that proclamation is as follows:-
 |" Whereas, The fourth section of the fourth ar ticle of the Constitution of the United States, shall guarantee to every State in the Union a re- publican form Of Government, and shall protect each of them against invasion and domestic vio- lence: and, echereas, the President of the United States is by the Constitution made Commander-in- Chief of the Army and Navy, as we'll as chief ex, ecutive officer of che United States, and is bound by solemn oath faithfully to execute the office of President of the United States, and to take care that the laws be faithfully executed and, rtereaS the Rebellion which has been waged by portion of the people of the United States against the properly constituted authorities of the Govern ment thereof in the most violent and revoltmg form, but whose organized and armed forces have now been almost entirely overcome, has, Tn it's rev olutionary progress, deprived the people of the State of North Carolina of all civil government and, ar|teredS it becomes necessary and proper to carry out and enforce the obligations of the Uni ted States to the people of North Carolina in se- curing them in the njoyment of arepublican form of government"
 Then, Sir, being agreed upon these two propositions, we are brought to the ques- tion as to the proper form of exercisin g this power and by whom it shall be exer- cised. The Constitution says that '' the United States shall guarantee to every State in this Union republican form of govern here is meant the Government of the Uni act through the Government, and the as if it read, "the Government of the United States shall guarantee to every state in this Union 8 republican form of gov. ernment." Then, as the Government o1 the United States Is to execute this guar. anty, the question arises, what constitutes the Government of the United States? The President does not constitute the Govern
 ment; the Congress does not constitute the Government; the judiciary does not con- constitute the Government; but all three 1 together constitute the Government; and as this guarantee is to be executed by the Government of the United States, it fol
 lows necessarily that it must be leeisla tive act The President could not assume to execute the guarantee without assuming | that he was the United States within the meaning of that provision, without assum. ing that he was the Government of the l United States. Congress could not of it. self assume to execute the guarantee with out assuming that 1t was the Government of the United States; nor could the judi ciary without like assumption. The act must be the act of the Government, and therefore it must be legislative act, law passed by Congress, submitted to the Pres ident for his approval, and, perhaps, in a proper case, subject to be reviewed by the Judiciary. Mir. President, that this is ne cessarily the case from the simple reading of the Constitution, seems to me, cannot for moment be denied. The President, in assuming to execute this guarantee him. self, is assuming to be the Government oi the United States, which he clearly Is not, but only one of it's coordinate branches and, therefore, as this guarantee must be a legislative act, it follows that the attempt on the part of the President to execute the guarantee was without authority, and that the guarantee can only be executed ill the form of law first to be passed by Con- gress and then to be submitted to the Pres. ident for his approval, and if he does not approve it, then to be passed over his head by majority of two thirds in each House. That law, then, becomes the execution ol the guarantee and is the act of the Gov. ernment of the United States. MT. Presi. dent, this IS not an open question. send | to the Secretary and ask him to read part of the decision of the Supreme Court ot the United States in the case of Luther against Borden, as reported in 2 Howard
 The Secretary read as follows:
 1 Moreover, the Constitution of the United States far as it has provided for an emergency of thi: 1 kind, and authorized the General Government te interfere in the domestic concerns of State, ha. treated the subject political in it's nature ant placed the power in the hands of that Depart ment. -.--
 | The fourth section of the fourth article of tht Constitution of the United States shall guarantet | to every State republican form of government and shall protect each of them against invasions and upon the application of the Legislature or O | the Executive (when the Legislature cannot bt l convened against domestic violence. Under this article of the Constitution it rest, with Congress to decide what government is thu established one in State. For as the United States guarantee to each State republican gov ernmeut, Congress must necessarily decide Whs1 government is established in the State before i, can determine whether it is republican or not And when the Senators and Representatiyes of State are admitted into the council of the ITn;on the authority of the cOyernment mn dor ,y,ob 4Is =