Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1868-02-14

tion. I send to the Secretary and ask hin
TO read a part of the decision Of the Su
preme Court of the United States in the
case of Luther o. Borden, as reported il
z Howard.
THE Secretary read, as requested, {
former decision of the Supreme Court de
claring that it rests with Congress, under
the clause of the Constitution providing
that the United States shall guaranty tc
every State in the Union a republican
form of government, and shall protect each
of them against invasions; and upon the
application of the Legislature or of the
Executive (when the Legislature cannot
be convened) against domestic violence-t1
decide what government is the established
one in State. Mr.. Morton then re
sumed
In this opinion of the Supreme Court Of
the United States, delivered many year:
ago, the right to execute the guarantee pro-
vided for in this clause of the Constitution
is placed in Congress and nowhere else
and therefore the necessary reading of the
Constitution is confirmed by the highest
judicial authority which we have.
The opinion was delivered by Chief
Justice fancy. He decides that this power
is not judicial; that it is one Of the high
powers conferred upon Congress; that ii
is not subject to be reviewed by the Su'
preme Court, because it is political in Its
nature. 1t is distinct enunciation OF
the doctrine that this guarantee is not to
be executed by the President or by the
Supreme Court, but by the Congress Of
the United States, in the form Of a law to
be passed by that body and to be sub
mitted 10 the President for his approval
and should he disapprove it it may become
a law by being passed by two thirds ma
jority over his head.
Mr.. Morton here called the attention OF
Mr.. Doolittle, of Wisconsin, to the vote
given by the latter in 1864, in favor of q
provision
''That when the inhabitants of any State have
the United States, by proclamation of the Presi
dent, by force and virtue of the act entitled An
act further to provide for the collection of duties
ON imports, and for other purposes approved
July13 1e61 they shall be, and are hereby declared
to be, incapable OF casting any vote for electors OF
President or Vice-Presdent of the United States,
or of electing Senators Representatives in Con-
gress until said instruction in said State is sup
pressed or abandoned, and said inhabitants have
returned to their obedience to the Government OF
the United States, and until such return to obedi-
President, issued by virtue OF an act of Congress
hereafter to be passed, authorizing the same.n
The honorable Senator from Wisconsin
voted for that in Committee Of the Whole
and on its final passage. call attention
to the conclusion of the amendment re-
cognizing that state of war shall be
regarded as continuing until it shall be
declared no longer to exist by The President
in virtue of an act of Congress to be here
after passed. am glad to find by looking
at the vote that the distinguished Senator
from Maryland Mr.. Johnson] voted fo1
this proposition, and thus recognized the
doctrine for which / am now contending
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 OF those States, and that the Presi
dent has no power to proclaim peace or to
declare the political condition of those
States until he shall first have been there.
unto authorized by an act of Congress
Therefore, Mr. President, take the prop
osition as conclusively established, both by
reason and authority, that this clause OF
the Constitution can be executed only by
Congress and taking that as established,
/ now proceed to consider what are the
powers of Congress in the execution OF
the guarantee, how it shall be executed,
and what means may be employed for that
purpose. The Constitution does not de.
fine the means. 1t does not say how the
guarantee shall be executed. All that is
left to the determination of Congress. As
to the particular character of the means
that must be employed, that, take
it, will depend upon the particular circum.
stances OF each case and the extent oil
the power will depend upon the other
question as to what may be required fol-
the purpose of maintaining or guarantyine
a loyal republican form of Government
in each State. use the word "loyal," al
because loyalty is an inhering qualif.
are to fill public offices, but IN regard to
State governments, and we have no right
to recognize a 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,
| call the attention of the Senate to the
eighteenth clause of section eight of the
first article of the Constitution of the
United States, which declares that
''The Congress shall have power to make all
laws which shall be necessary and proper for car
rying into execution the foregoing powers and al
other powers vested by this Constitution in the
Government of the United states, or any depart
ment or officer thereof'''
Here is declaration of what would 9th
erwise be a general principle anyhow, thai
Congress shall have the power to pass al
laws necessary to carry into execution al
powers that are vested in the Government
under the Constitution. AS Congress has
the power to guaranty or maintain loya
egublican government in each State, il
has the right to use whatever means may
be necessary for that purpose. AS l be
fore remarked, the character Of the means
will depend upon the character of the case
In one. case it may be the use of an army
in another case perhaps it may be simply
presenting question to the courts, AND
having it tested in that way in another
case it may go to the very foundation o.
the Government ITSELF And | now pro
pound this proposition: that if Congress-
after elaboration, after long and bloody
experience, shall come to the conclusion
that loyal republican State government:
cannot be erected and maintained in tie
rebel States upon the basis Of the white
population, it has right to raise up anC
make voters of class of men who ha(
no right to vote under the State laws
This is simply the use OF the necessary
means in the execution of the guarantee
If we have found after repeated tri
ais that loyal republican State gov
ernments, governments that shall an
swer the purpose that such govern
ments are intended to answer, canno
be successfully founded upon the basis o
the white population, because the great ma
iority of that population are disloyal, the,
Congress has right to raise up new 10y
al voting population for the purpose of es
tablishing these governments in the exc