The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1868-02-13

that the distinguished Senator from
Maryland [Mr, Johnsonl voted for
this proposition, and thus recognized
the doctrine for which / am now con.
tending; that the power to execute
the guarantee is vested in Congress
alone, and that it is for Congress
alone to determine the status and
condition ofthese States, and that the
President has no power to proclaim
peace or to declare the political con-
dition of those States until he shall
first have been thereunto authorized
by an act of Congress.
/, therefore, Mr.. President, take the
proposition as coDclusively establish.
ed, both by reason and authority, that
this clause of the constitution can be
executed only by Congress; and ta-
king that as established, l now pro-
coed to consider what are the pow
ers of Congress in the execution of
the guarantee, how it shall be execu-
ted, and what means may be employ
ed for that purpose. The constitution
does not define the means. 1t does
not say how the guarantee shall be
executed. All that is left to the deter
mination of Congress. As to the par
ticular character of the means that
must be employed, that, take it, will
depend upon the peculiar circumstan-
ces ofeach case; and the extent Of
the power will depend upon the other
question as to what may be required
for the purpose of maintaining or
guaranteeing loyal republican form
of government in each State. use
the word "loyal," although it is not
used in the constitution, because 10y
atty is an inhering qualification not
only in regard to persons who are to
fill public offices, butin regard to State
governments, but we have no right
to recognize State government that
is not loyal to the government Of the
United States. Now, sir, as to the
use Of means that are not prescribed
in the constitution, l call the atten-
ton of the Senate to the eighteenth
clause Of section eight ofthe first ar
ticle Of the constitution of the United
States, which declares that
"The Congress shall have power to
make all laws which shall be neces-
sary and proper for carrying into
execution the foregoing powers and
all other powers vested by this con-
stitution in the government Of the
United States or any department or
officer thereof"
Here is declaration ofwhat would
otherwise be general principle any.
how, that Congress shall have the
power to pass all laws necessary to
carry into execution all powers that
are vested in the government under
the constitution. As Congress has the
power to guarantee or maintain a
loyat republican government in each
State, it has the right to use what
ever means may be necessary for
that purpose. As / before remarked,
the character of the means will de-
pend upon tho character of the case.
In one case it may be the use of an
army; in another perhaps it may
be simply presenting a question to
the courts, and havingit tested in that
way; in another case it may go to the
very foundation of the government
itself. And l now PROFOUND this
proposition: that if Congress. after
elaboration, after long and bloody
experience, shall come to the conclu-
sion that loyal republican State gov
ernments cannon beerected and main.
tanned in the rebel States upon the
basis OF the white population, it has
of class OF men who had no right to
vote under the State laws. This is
simply the use ofthc necessary means
in the execution of the guarantee
five have found after repeated trials
that loyal republican State govern.
ments, governments that shall an
swer the purpose that such govern.
ments are intended to answer, can.
not be successfully founded upon the
basis Of the whitepopulation, because
the great majority Of that population
are disloyal, then Congress has right
to raise up new loyal voting popula
ton for the purpose of establishing
these governments in the execution
of the guarantee l think, sir, this
proposition is so clear that it is moi
necessary to elaborate it. We are
not required to find in the constitu
ton particular grant of power fol-
this purpose; but we find o general
grant Of power, and we find also an.
other grant of power authorizing us
to use whatever means may be neces
sary to execute the first; and we find
that the Supreme Court of the Uni
ted States has said that the judgment
of Congress upon this question halls
be conclusive, that it cannot be re
viewed by the courts, thatit is pure
ly political matter; and therefore the
determination of Congress, that rails
ing up colorcd men to the right Of
suffrage is means necessary to the
execution of that power, is determi
nation which cannot be reviewed by
the courts, and Is conclusive upon the
people of this country.
The President ofthe United States
assuming that he had the power te
execute this guarantee, and basine
his proclamation upon it, went for
ward in the work of reconstruction
It was understood at that time-it
was SO announced, if not by himself
at least formally by the Secretary OF
State, Mr.. Sewaad-that the govern.
ments which he would erect during
the vacation Of Congress were to be
erected as provisional only, that his
plan Of reconstruction and the work
that was to be done under it would be
submitted to Congress for its approx.
al or disapproval at the next session.
1.-THE President had adhered to that
determination believe that all would
have been well, and that the present
state of things would not exist. But
sir, the Executive undertook finally
to execute the guarantee himself
without the cooperation Of Congress
He appointed provisional governors
giving to them unlimited power un-
til such time as the new State gov.
ernments should be erected. He pre-.
scribedin his proclamation who should
exercise the right Of suffrage in the
election of delegates. And allow me
for one moment to refer to that, He