The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-01-30

I people of the state of North Carolina o.
All civil goyernm snt; and, 1VhereGs. 10 be.
and enforce the oh igatIons oflthe United
States to the people of North Caroina ~
securing them the enjoyment OF. a rsPub-
lican form or government.
I read this, Mr.. President, for the
purpose of showing that the 'Presi-
i dent of the United States la his
policy of reconstruction, started ouh
with distinct recognition of the ap-
plicability of this Clause Of the Con-
stitution, and that he based his sys-
tenn of reconstruction upon it. ID IS
1 true he recites in this proclamation
4 that he is the Commander ia Chief of
i the Army Of the United States: but
at the same time he puts his plan Of
I reconstruction, not upon the exercise
of the military power which is called
to irs aid. but on the execution Of the
/ guarantee provided by the Clause Of
the Constitution to which I have re
4 lerred. He appoints a Governor for
North Caroliha and for these other
States, the office being civil in its
character, but military in its effects.
This Governor has ali the power of
one Of the district commandets, and,
| Ia fact, lar. greater power than was
/ GOnlEII6Q upOu JGus OpS VI .AGu.
Sheridan, or any General in command
of !, district; for tits further provided:
Thai the Military COMMANDED of the De-
partment, and ali 'onicers and personsgin
ltba military and nayal service, aid
and assist the said Provisional Governor
IN carrying into effect this proclamation.
= We are then agreed upon the see
ohd proposition, that the power Of tie
| United States to reconsf fruct aud gu1r-
antee republican forms of government
at once applied when these States
were found in the condition in wnich
they were at the end Of the war
Then, sir, being agreed upon these
two propositions, we are brought to
the question as to the proper form OF
exercising this power, and by whom
it Shall be exercised. The Constitu-
tion says that "the United States
shall guarantee to every State. in this
Union a republican form of govern
5ment.p BY the phrase !" United
States here is meant the Govern
ment of the United States. The
United States can only act through
the Government, and the clause would /
mean precisely the same thing il It I
read, the Government Of the United |
States shall guarantee to every State I
in this Union a republican form Of /
government. Then, as the Govern &
ment of the United States is to exc I
cute this guaranty. the question I
arises, what constitutes the Govern
ment of the United States? The 4
President does not constitute Me I
Goverhment; the Congress does NOT I
constitute the Government; the Judi
dietary does not constitute the Coy .
.ernheHt; but all three together. con
lstitute the Goverpnent; and as this
guaFantee IS to be executed by the
Government of the United States, it
follows, liiecessaf iiy,9 that it must be 4
4eglSlatiye act The Presidegt c0nid
not assume to execute the guarantee
without assuming that he was fke
United States within the meanibg 81
provision, without assuming that
he was the Government Of the United
States. Il Congress could not of Itself
assume to execute the guarantee
without assdmihg that it was the
Government of the United States;
nor could. the judiciary without a like
assumption. The act mast be the act
Of the Government, and therefore 1t
must be a legislative act, law passed
by Congress, siIbmitted to the Presi-
dent for his approval, and, perhaps,
in a proper case, subject to be re-
viewed by the judiciary. Mr.. Presi-
dent, that this is necessarily the case
from the simple reading Of the Con-
stitution seems to me. cannot be for a
moment denied y The President,
in 4 assuming to execute this
guarantee himself, II is assuming
to be. the Government Of the
United States, which he clearly is not;
but only Que Of Its coordinate
branches; and, therefore, as thus guar
antee must be a legislative act, it tol-
lows thatthe attempt on the part Of
the President, to execHteith the guaran-
tee was without authority, aud that
the guarantee can only be executed
In the form Of a law, first To be passed
by Congress and then to besubmitted
to the Presideat for his approval; aud
II ne does not approve il, then Ito be
passed oyer his head by majority of |
two-thirds in each House That Law,
then, becomes the execution of the
guarantee and is the act Of the Gov
eminent Of the United .States.1s Mr..
President, this is not an open. qaesr .
ton, | send to the Secretary, and
ask him to read a part of the decI- {
sion of the Supreme Court Of the I
United States, 10 the case Of Luther 4
agt. Borden, as reported in z Howard.
The Secretary read as follows: n
Moreover, the. Constitution OF the ,
United states, as far as ~ mas p pr2Vlasd li Lor
ized the General Government 10 lnterfeEe c
in the domestic concerns !of state, has
treated the subject as Political IN It's ma q
,1re and tslace6 the power in the hands / \