Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1868-02-06

regarded as continuing until ID shall be de
ciared no longer TO exist by the President
in virtue OF an act oi Congress to I've here
after passed. am glad to find by lookin,
at tie vote, that the distinguished Senate
from Maryland Mr.. Johnson1 voted 70
the proposition, aud thus recognized tn
doctrine for which am now contending
that the power TO execute the guaranty j
vested in Congress alone, and that il is TO
Congress alone to determine the status ant
condition Of those States, and that the Pres
ident has no power to proclaim peace o
TO deciaIe the political condition Of thos,
States, until he shall first have been there
unto authorized by an act of Congress
/ therefore, Mr.. President, take the prop
ositiOn as conclusively established, both b,
reason and authority, that this clause of tn,
constitution can be executed only by Con
gress and taking that as established. now
proceed to consider what are the powers o
Congress in the execution Of the guaranty
how il shall be executed, and wha
means may be employed for that purpose
The constitution does not define the means
Ii does not say how The GUARANTY shall bt
executed. All that is left to the deierTni
nation of Congress. AS to the particular
character OF ,he means that must be en-
ployed, that. take il will depend upon The
peculiar circumstances of each case anC
he extent of tive power will depend upon
the other question as to what may be re
quired for The purpose Of maintaining and
guaranteeing a loyal republican form 81
government in each State. Iusc the word
loyal" although 1t is not used in the con
siitutiOn. because loyalty is an inherine
qualification, not only in regard to persons
who are 10 fill public offices, but
in regard to Stale governments. and we
have no right to recognize State govern
ment that is not loyal to the government Ol
the United States. Now, sir, MS 10 the use
OF means that are not prescribed in the con-
stituiion. | Call the attention OF the Senate
10 the eighteenth clause Of section eight Oi
the first article of the constitution of the
United States, which declares that:
'.The Congress shall have power 10 make
all laws which shall be necessary and
proper for carrying into execution the fore
going powers and all other powers vested
by this constitution in the government OF
the United States or any department OF
officer thereof"
Here is declaration Of what would 9th
crwise be "a general principle anyhow that
Congress shall have power to pass all laws
necessary TO carry into execution all powel
that are vested in the government under
the constitution AS Congress has the
power TO guarantee or maintain loyal re-
publican government in each State il has
the right 10 use whatever meais may bC
necessary for that purpose. AS | before
remarked the character of the means will
depend upon the charaC ter OF The case. In
one case il NAV be the use of an army in
another case perhaps il NAV he simply pre-
senting question ~ the courts, and having
il tested 10 that way; in another case il
may go TO The very Foundation of the gov.
crnment Itself. And now PROFOUND lhi:
proposition that if Congress, after dcliter-
alton, after long ard bloody experience
shall come TO the conclusion that Iowa
State governments cannot be erected and
maintained in the rebel States on the basis
OF the white population, it has right te
raise.ur and make yeiers of class OF mer
who had no righ; 10 vote under The laws
OF the States. This is simply the use o
the necessary means in the execution o
the guaranty. II we have found after re
peaied trials that loyal republican State
governments governments that shall answer
'hN IO-C dIt
iutended to answcr--cannot be successfully
founded upon the basis of the white popu-
laiion, because the great majority of that
population are disloyal. then Congress has
a right TO raise up new loval voting pop
ulation FOR the purpose of establishing these
governments in the execution of the guar
anty. think, sir. this proposition is Sc
clear that it is not necessary to elaborate
IT, We are not required To- find in the
constitution particular grant OF power
for this purpose; but we find n general
grant OF power, and we find also another
grant OF power authorizing us 90 use what
ever means may be necessary TO enfarce
the first end we find that the Supreme
Coult of the United States has said thai
the judgment of Congress upon this subject
shall be conclusive; that il cannot be re-
viewed by the courts; that il is a purely
political matter; and therefore the deter
minaiiOn OF Congress, that RAISING up
colored men to The right of suffrage is a
means necessary to the execution Of that
power, is determination which cannot be
reviewed by the courts, and is conclusive
upon the people of the country.
The President of the United States,
assuming that he had the power to execute
this guaranty, and basing his proclamation
upon il, went forwerIl in the work Of re.
construction. 1t was understood at that
time-t WIS so announced, if not by him
self, at least formally by the Secretary oI
State, Mr. Seward--ihat the governments
which he wopld erect during The vacation
Of Congress were 10 be erected as provi-
sionai only that his plan of rconstruction
and The work that was 10 be done under il
would be submitted TO Congress for its ap-
proval or disapproval mt the next session.
If the President had adhered to that deter.
miuation | believe that all would have
been well, and that the present state oil
things would not exist. But sir, the Ex-
ecutive undertook finally 10 execute the
guaranty himself without the co operation
of Congress. He appointed provisional
governors. giving TO them unlimited power
until such time as the new State governs
menis should be erected He prescribed
In his proclamation who should exercise
the right OF suffrage in the election OF
delegates. And allow me for ono moment
to refer to that. He says in his proclama-
ton: ro
"No person shall be qualified as an cleo
tor, or shall be eligible as member oI
suCu COuNtntou uuitSS Et Suutt NdNt pre-
viously taken and subscribed 10 the oath
of amnesty, rs set forth in the President S
proclamation of May 20, A. d., 1867
which was issued on the same day and was
a part Of the samcuransaciion-
"And is voter qualified as prescribed by
the constitution and laws of the State OF
North Carolina in force Immediately before
the goth day of May, A. d., 1861.
The per ons having the right to vote
must have the right to vote by the laws of
the State, and must, In addition to that,
have taken the oaih of amnesty The
President disfranchised in voting for deie-
gates to the convention from two hundred
and fifty to three hundred thousand men.
His disfranchisement was far greater than
that which has been done by Congress, In
that proclamation OF amnesty he says;
"The following classes of persons are
excepted from the benefits of this procla-
mation--''-3 '.iIi rs ~ ssIo lilQY
He then announced fourteen classes of
81. All who are OF shall have been pre-