Vermont daily transcript. [volume] (St. Albans, Vt.) 1868-1870, 1868-08-19
The state GOUe3lll1t 2ltS at tie South
SPEECH OF NJ. II. CARPENTER.

Hon. Mattheas H. Carpenter, of Mil
w aukie, whom we hope to see in the
U. S. Senate next year as successor of
Doolittle, made great speech at Chica-
go, Saturday evening, in which he spoke
of the existence of power to reconstruct
the rebel States as follows:
1t is evident, from the slightest exam
ination, that none of the powers grant
ed to the President include that of or
ganizing State governments. AS Com
mander-in-C Chief, the President may de-
mOlish governments making war upon
the Union but when the war ends the
President can do nothing towards con-
structing agovernment for the conquer
ed except it may be to execute some
law of Congress-. When war ends the
war power slumbers. After this war end
ed the President had no more power over
the people of Georgia than over the peo-
| pie of New York. In either State he
GOULD execute any law of Congress affect
ing the people of such State and in neith-
er could he do any more. But this point
need not be argued further, for the DEM
ocrats concede that the President has
no such authority. 1t remains to in
quire whether Congress has such pow
| Cl. IClc QlC ScNcIul SIOulluS
which the power of Congress over this
subject may safely be vested:
l. 1t is clear that if this power exists
in the government of the United States
at all, and is not by express words con-
ferred upon the President or the courts,
or some other officer, then it is vested
in Congress, for the Constitution pro-
vides that Congress shall have power to
make all laws which shall be necessary
and proper for carrying into execution
the foregoing powers that is, the pow
ers specifically granted to Congress] and
all other powers vested by this COnsti-
tuition in the government of the United
States, or in any department or officer
thereof.
2. 1t is the undoubted province of
Congress to admit States to the Union.
Congress having the power to admit
new State governments, has, by fair inn
plicatiOn, the power to organize new
1t is universally admitted by states
men, and has been over and over again
decided by the Supreme Court, that the
grant of particular power in express
words, carries with it, by implication,
the power to do whatever is necessary
to execute the power expressly granted.
For instance, the Constitution empow-
ers Congress "to establish post-offices
and pOst-roads." From this is implied
the right of monopoly in mail carrying;
the right to establish and maintain the
complicated postal system now existing
and to pass laws for that purpose. The
J Constitution is mere chart Of Govern
ment not code of procedure. 1t indi-
} Gates the powers which may be eXercis-
J ed not the manner of their exercise.
) There is strong disposition in oul
: day to maintain that Congress has nc
power to do anything it never has done
: or to exercise given conceded power in
any different manner from that in which
} it has been exercised; in other words, t.
) define and limit the powrs of the gov
eminent, not by the Constitution.
Congress, in the first instance of a Ter
, ritory which had reached the condition
to be admitted as State, had framed ,
Constitution, and submitted the ques
ton to the people to determine whether
, they desired to be admitted with such ,
CONSTITUTION, and if decided in the affir