The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1868-02-06

OF tho decision OF the Supremc
Court Of the United States in tho
case OF Luther VS.. Borden, as re-
ported in Z Howard.
f The Secretary read as follows
"Moreover, the Constitution OF the
United States, US far as il has pro.
vided for an emergency ofthis kind
and authorized the General Cow
ernmcnt to interfere in the domes-
tic concerns OF a State, has treated
the subject as political in its ma
turc, and placed the power in the
hands of that department. 8F
"The fourth scction Of the fourth
article of the Constitution of the
United States provides that the
United States shall guarantee to
every State in the Union. II rcpub.
lican firm Of government, and
shall protect each of the against
invasions; and upon the applica-
OF the Legislature or OF tho Ex
ecutive (when the Legislature can
not be convcned) against domestic
violence.
"Under this article of the
Constitution 1t rests with Con
gress to decide what government
is the established one in a State
For as the United States guaran-
tees TO each State u republican
government, Congress must neces-
ssrily decide what governm ent is
established in the State before it
can determine whether it is ropubli-
can or not, And when tho Sena-
tors and Representatives of a State
are admitted into the councils OF
the Union, the authority of the
government under which they are
appointed, as well as its republi.
can character, is recognized by the
proper constitutional authority. =
And its decision is binding upon
every other department of the
Government, and could not be
questioned in q judicial tribunal
1t is true that the contest In this
case did not last long enough to
bring the matter 10 this issue, and,
as no Senators or Representatives
were elected under the authority
of the government of which Mr.
Dorr was the head, Congress was
not called upon to decide the con-
trovcrsy. Yet the right to decide
is placed there and not In the
courts" " .i H..t...5.
Mr.. Morton-In this opinion Of
the Supreme Court of the Unit ed
States, delivered many years ago,
the right to execute the guarantee
provided for in this clause of the
Constitution is placed in Congress
and nowhere else, and therefore
the necessary reading of the Con
stitution is confirmed by the high
est judicial authority which W.
have. 4yilt. trt g. .Gu4.5tt .,-
Mr.. Johnson-Do yon read from
the opinion delivered by the Chic
Justice?
Mr.. Morton Yes, sir; the opin
ion delivered by Chief Justic'
Taney. He decides that this pow
er is not judicial; that it is one o
the high powers conferred upor
Congress that it is not subject tc
be reviewed by the Supreme Court
because tits political in its nature
1t is II distinct enunciation of the
doctrine that this guarantee is not
10 be executed by the President or
by the Supreme Court, but by the
Congress of tho United States, in
the form of a law to be passed by
that body and to be submitted To
the President for his approval; and
should he disapprove it, it may
become a law by being passed by
a two,thirds majority over his
head. r..r r....s..n ..
Now, I will call the attention Of
my friend from Wisconsin TO some
other authority. As he has beer
pleased to refer TO former speceE
Of mine to show that am not quite
consistent, will refer TO q vote
given by him IN 1864 on n very
important provision. On the Isl
of July, 1864, the Senate having
under consideration, as in Com.
mittee OF tho Whole, "a bill to guar
antee to certain States whose gov
ernments have been usurped OF
ovcrthrown republican form o.
government" Mr.. Brown, of Mis-
souri,, offered an amendment tc
strike out all of the bill after the
cnacting clause and to inserta a sub
stitutc, which l will ask the Sccre
tary TO read. ar.. a'4 T "
The Secretary read as follows:
"That when the inhabitants O
any State have been declared ir
a state Of insurrection against The
United States by proclamation oI
the President, by force apd virtue
of the act entitled AN act further
to provide for tho collection O
duties on imports, and for other
purposes, approved July 13, 1851
they shall be, and are hereby dc
clared to be, incapable of casting
any vote for electors of Presiden
or Vice President Of the Unitec
States, or of electing Senators OF
Representatives in Congress unit
said insurrection in said State il
suppressed or abandoned, and sale
! inhabitants have returned to theil
obedience TO the Government O
the United States, and until sucl
return to obedience shall be declar
ed by proclamation of the Presi
dent, issued by virtue of an act o
Congress hereafter TO be passed
authorizing the same"
i Mr. MoriOn--'Phn honorable Sen