The Wyandot pioneer. (Upper Sandusky, Ohio) 1853-1868, 1868-02-13

read this, Mr. President, for the
purpose of showing that the Presi-
dent of the United States, in his pol
icy of reconstruction, started out
with a distinct recognition of the
applicability Of this clause of the
Constitution, and that he based his
system of reconstruction upon it
1t is true he recites in this proclaim
alton that he is the Commander-in-
chief of the Army of the Uni; ed
States; but at the same time he puts
his plan of reconstruction, not upon
the exercise of the military power
which is called to it's af,l, but on the
execution of the guarantee provided
by the clause of the Constitution to
which l have referred. He appoints
Governor for North Carolina and
for these other States, the office be-
ing civil in its character, but mill
tary in its effects. This Governor
has all the power of one Of the dis
trict commanders, and, in fact, far
greater power than was conferred
upon General Pope or General Sher-
idan, or any general in command OF
a district; for it is further provided :
"That the military commander of the depart
ment and all officers and persons IN the
military and naval service, aid and assist
the said Provisional Governor in carry in g
into effect this proclamation"
We are then agreed upon the sec
ond proposition, that the power of
ha fafn fo ~ n
guarantee republican forms of gov
ernment at once applied when these
States were found in the condition
in which they were at the end of the
war. Then, sir, being agreed upon
these two propositions, we are bro't
to the question as to the proper form
of exercising this power, and by
whom it shall be exercised. The
Constitution says that 1.-THE United
States shall guarantee to every State
in this Union republican form of
government. BY the phrase "Uni-
ted States here is meant the Gov
ernment of the United States. The
United States can only act through
the Government, and the clause
would mean precisely the same thing
if it read 'sthe Government shall
guarantee to every State in this
Union a republican form of govern
ment"
Then, as the Government of the
United States is to execute this guar
antee, the question arises, what con-
stitutes the Government of the Uni
ted States ? The President does
not constitute the Government; the
Congress does not constitute the
Government; the Judiciary does
not constitute the Government; but
all three together constitute the Gov
ernment; and as this guarantee is to
be executed by the Government OF
the United States, it follows necessa-
rily that it must be legislative act
The President could not assume to
execute the guarantee without as
suming that he was the United States
within the meaning of that provis-
ion, without assuming that he was
the Government ofthe United States
Congress could not of Itself assume
to execute the guarantee without
assuming that it was the Govern
ment of the United States; nor could
the Judiciary without like assump
| ton. The act must be the act OF
the Government, and therefore il
must be legislative act, a law
passed by Congress, submitted tc
the President for his approval, and
perhaps, in a proper case. subject to
be reviewed by the Judiciary.
WHAT IS THE GOVERNMENT
Mr.. President, that this is nee
essarily the case, from the simple
reading of the Constitution, seems
to me cannot be for a moment de-
MED. The President, in assuming
to execute this guarantee himself
is assuming to be the Government
of the United States, which he clear
ly is not, but only one of its co-or
dinate branches, and, therefore, as
this guarantee must be Legislative
act, it follows that the attempt OF
the part of the President to execute
the guarantee was without authority
and tina, the guarantee can only be
executed in the form of law, frs
to be passed by Congress, and then
to be submitted to the President fol
his approval, and if he does not ap
prove it, then, to be passed over
his head by a majority of two
thirds in each House. That law
then, becomes the execution of th'
guarantee and is the act Of the Gov
ernment of the United States.
Mr.. President, this is not an opel
question. 1 send to the Secretar,
and ask him to read part of th'
decision Of the Supreme Cou1t o1
the United States in the case of Lu
ther VS.. Borden, as reported in
Howard.
The Secretary read as follows:
States, as far as it has provided for an emer
gency of this kind, and authorized the Gener
al Government to interfere in the domesti
concerns of a State, has treated the subject a
political in its nature, and placed the powe
in the hands of that department
1.-The fourth section of the fourth article o
the Cons stitution of the United States provide
that the United States shall guarantee to ever
State in the Union a republican form of gov
ernment, and shall protect each of ther
against invasions; and upon the application
of the Legislature or of the Executive (whe
the Legislature can not be cOnvened) agains
domestic violence.
Under this article of the Constitution
rests with Congress to decide what Govern
ment is the estaplished one in a State. For, a
the United States guarantees to each State
republican government, Congress must neces
sarily decide what government is establishe
in the State before it can determine whether
is republican or not. And when the Senator
, and Representatives of q State admitte
into the councils of the Union, the authorit
of the government under which they were az
pointed, as well us its republican character,
recognizedby the proper constitutional author
ity. And its decision is binding upon ever
other department of the Government, an
could not be questioned in q judicial tribuna
. 1t is true that the contest in this case did nc
!, last long enough to bring the matter to thi
!, issue, and, as no Senators or Representative
| pl Qcf tod nd tbo auth