Indiana American. [volume] (Brookville, Ind.) 1865-1872, 1868-03-13


its organization OF the several departments
Of Government, but also it's Constitution
upon which the organization is based
thereby coucede the power Of secession
The advocates Of secession in the South
fought for no such abstraction as that in :
voh ed In the question, whether a State
without State Constitution and Govern
ment was a State In the Union, or no State
AZ ALL. but on the contrary, they battled
( for the right aud the power 10 withdraw,
by their own State action, their territory
aud people from all obligations Of alIeei-
nnce to the Government and people of the
Mr.. Hendricks says he does understand
that ifa State should cease to have a gov
ernnent, that its people would still be un-
der the law and authority OF the Federal
Government TO TIE extent OF the jurisdic-
tivn of that government.
respectfully submit that this Is no,
the dis-olu,ion Of the Union, for the
achievement of which the rebellion was
inauguraied and prosecutcd; and that a
person may well believe that State gov
erumeut may be destroyed without becom.
ing u secessionist believe that the govern.
men,s of the revolted States have been
utterly destroyed, and yet desienai them
as States in the Union. During the war
they were 5 ates in the Union, but OF the
same time States in rebellion. Since the
close of The war they are States in the
Union, but by reason Of the war, States in
anarchy, except so far as order has been
preserved by tho paramount authority OF
of the United States. But if any body
else shall contend that they are reduced
to the condition of territories, shall not
qurrrel with them about nbme,; because
We both agree TIN, they did not succeed 10
throwing off their allegiance to the Uui
ted States, aud are still ompletely within,
aud subject t1 the law making power Of
the nation, to the exteut Of its jurisdiction
under the Constitution.
THE GUARANTEE CLAUSE.
A new exposition Of the guarantee
clause Of the constitution il also resorted
TO by the Democratic party in its efforts
TO exalt iebeliion, aud to restore political
power to tie hands of the men who for
tour years waged most atrocious war
against the Government to destroy 1t.
Tn, entire section in which the guaran )
tee clause is found. contains three distinct
clauses, each of which imposes y distinct
aniy on ,lfe United States. 1t reads as
follows:
The United States shall guarantee to
every State in this Union republican
form Of government; aud shall protect
each Of them against Invasion; aud on
application of the Legislature or OF the ex
ecuti,e. (wheu the Legislature can not be
convened IRON domestic. violence.
la gising,an exposition Of this section
in HIS late speech ~ the senate, Mr.. lien.
dllcks assumes these positions:
lst. That the duty of executing the
guarantee contained in the first clause,
rests upon the Government OF the United
States.
I'd That tho clause imposing this duty
is addressed to each department of the
Government. and II the act be done {,
euiorce the guarantee is judicial then the
duty is upon the judiciary; il legislative
act, then II Is upon The Legislative
department; aud iflt be an executive act,
then the duty rests upon the Executive
3D. lie treats the three distinct clauses
oil the section a. one entire clause i'm
posing "A siugle duty, aud says the clause
lIseli cOntemplates existing State govern
ments, having Legislature, aud an Exc.
cutive Department, aud that il simply inn
poses the duty Oh the Government Of the
Uniied Stales to protect. maintain and
defend that existing republican, form OF
Government.
| admit that the duty Of enforcing the
entire section rests upon the Government
OF the u nited States, but deny that it is
addressed to each department Of the Gov
erhmeut, toI the simple reason that ueith-
er of these duties eau be performed with.
out the exercise of legislative powers.
True, Congress may, (as il has in rela-
tion TO The thlId cause). empower the
President to perform the duty, but in do
Ing 80 he acts not by virtue of authority,
granted him by the constiiu ion, but in
execution of the law OF Congress.
Let US test ibe doctrine, that the duty
of guaranteeing republican from Of gov
eminent i, addressed to each oil the three
departments ot the government.
1T the doctrine is true, of course each
separate department. uust decide TO act
for itself. Now suppose there are two, or
il you please, three rival governments in
L cta'e, each claiming 20 be the epitimaie
government of that State. The cia use in
that case. will or may, according to this
q, ,rine, speak to each department. of
the General Government; separate y.
and 20 speaking, it may require OF
the President duty, executive in its
character aud. in the performance Of his
duty, he decided that government "a"
! If you please, is the true government; then,
: the clause speaks 10 Congress requiring it
to perform u legislative act as to the same
question, and Congress decides that Gov
ernment "B.' is the legitimate one; then
again, the same clause speaks to the Su-
preme Court to perform IA judicial duty as
to the same manner, aud il decides that
Government &c. is the real" Simon pure"
old DR.. Jacob Townsend.
Here you have three conflicting decis
ions made by the three separate depart.
msnts of the Government, as TO the same
matter, and for aught that Mr.. Hendricks
has shown US, no possible means of recon-
Cling this "irrepyessibe conflict"
You have Congress, for instance, admit
ting Senators elected by a Legislature that
is repudialed by tho President and the
Supreme Court;rand you have tho Su.