The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-01-30
ESTABLISHED. 1881.


contest in this case did not last long
enough to bring ihe matter TO bis issue;
and as no Senators or Representatives
We're eleffed under the authority OF the
oYernment ~ which Mr., DOrr w the
he+d. coiisress was not called upon 70 de-
eide fiie con trovefHS Yet the fight 20 de-
I eiGe + Placed tqere, and notin the courts
! Mn MoRTGN-In this opinion Of
taal SupremenCOurt of lthe United
Z States delivered manyI yAars ago, the
iR ent 70 zeXecete the guarantee pro-
Ivgied fOrinthis clause Bfthe Consti-
ttniom iSplaced IN Congress, and no
where elses and thereiofe, the 1eces-
sary9 reading Of The Constitution is
confirmed by the highest Judicial au-
thority which we hnvesG
Nj. JoHNsox-Do yo4 read from
TIE oplpibn delivered bF the Chief
Jas8ce2 shtf
NJ. MoRroN-Yes, Sir: the opi-
MON delivered by Chief Justice
Faney. He decides that this power
Is not Judicial; that it is one Of the
hlgh powers conferred upon Congress-
that IL is not subject 70 be reviewed
by the Supreme Court. because il is
political IN its nature. 1t Is a dis
tlqct enunciation Of the doctrine that
this guarantee IS, not to be executed
by the. President or by the Supreme
Court but by Ifhe Congress OF the
Unftfd Statesr ips the form Of law
10 be passed. bE that body aud to be
Submitted 70 .tRg President. for his ap-
proYdf;. and asboula he disapprove it
Il may become 4 law yrbeing passed
~ a two thif1s ~ i 5rity over his head.
N o1 L will .3ebit TIE attention Of INV
frieifd from Wisconsin To snma other
authority. PAs he has been pleased
10 refer to a former speech Of mine
70 show thai am pot,quite consistent,
viii refer to q. vote given by him in
1854 on a Very important provision.
On the lst. OF July, 1864, the Senate
having thde consideration, as in
Committee Of the Whole, a bill 10
GUARANTEE 20 certain States whose
governments, have been usurped or
eovernma6eo eof MI. BToWn. Tn tg' of Ms.
souri,, offered al alnendment to strike
ont all Of thebill after the enaeting
clause,D and Ito insert q, substitute.
which I WiIf2sk dc Secretary 10 read.
The Secretary Tead as Follows: qpS
nave BeoTS TSaae ~ 4in 55 f ang stale
ton agaiHs5 tae tjhittA 3'tatl8b by fTS pf5cfS-
matien PC toe d're,t ism n \ f6hcS atdivH-
pf53ids is f8r 6hgssf aaleFtssflo aae ds &
ports. ana. for lochar lparpd6es APPROVED
IIply -, 1881. they. SHAH bg0hndRre hereby
vorsfor electors 6f I'fas den or Vice-Pre3l-
deab9I the gniied fftRte5, or OF eIeelihg
nniii said lhidst til'ssg tgl lls ~
pre ,seh or abandoned. abd kafd inhaD-
/ GovhrnmeIit OF tha Tfni6sdsstafes@ and
until such return 10 oBadfenee Bhalf be de-
clared by proflafnatiOn of thu Ptosident,
ligrio B Be "a etSd. 5athof1 6RfRes slme h9ss
.se-lI -ld aHirt4 bit f39If afHl
Mr.. MORToN--The ho16Fnbie Seu-
ltOT from WISCONSIN, VOtBd for thatih
Committee gOf the Wholeaahd on It's
ipal passage. Il call atte6tioR to the
of the amendment, which
declares that they shall be-L5hi isdt
"Ineaphble OF ehstfng any voteifbr e eel
2rs of President or Nice-Pfesideht OF the
United States, or of eieetfnR SehaAors on
IN CONGRESS until said IN
In sBid State Is suDbfeased on
lbandDned, and SAID Inhabitants lIRvs. re-
nent Of the United states, and uttttT such
eturn aud obedienco shall be declared bg
Jirtue Of an act OF Congress hefeaherto Be
'assed, authorizing tbs same llhl
Recognizing that state OF war
hall be regarded as continuing until
{ shall be declared DO longer 10 exist
" the President, in virtue Of an act
# Congress to be hereafter passed.
am glad to find by looking al the
'0te that the distinguished Senator
rom Maryland (Mr Johnson) voted
or this proposition, and thus recog-
lized the doctrine for which ! am
Iow contehding; that the power to
EXECUTE the guarantee is vested IN
congress alone, and that it is for Con-
yress alone to determine the status
nd condition Of those States, and
hat the President has no power to
proclaim peace or to declare the polit-
cal condition Of those States untilhe
hall have first have been thereuntO
By an act Of Congress. 1
therefore,, Mr.. President, take the
as conclusively estab-
jshed. both by reason and authority.
hat this clause Of the Constitution
AN be executed only by Congress;
md taking that as established, /
low proceed to consider what are
he powers Of Congress in the
xecutieh Of the guarantee. how III
hall be executed, and what means
nay be employed for that purpose.
he Constitution does not define the
leans. j , does not say how the guar
ntee shall be executed. All that Is
3ft TO tie determination Of Congress.
Is to the particular character OF the
leans that must be employed. that, /
axe it, VIII depend upon the pc
uliar circumstance Of each case:
nd the extent Of pOger will DEPEND
non fha of hsf oua.fiDu oc "a ryhat