Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1868-02-06

United States shall guarantee to every
State in this Uniou a republican form o.
government BY. the phrase limited
States here Is meant the government o.
United States. The United States car only
iact through the government, and thcclaust
would mean precisely the same thing if il
read 1.-The government of the United States
shall Guarantee TO every State in this Union
a republican form of government"
Il Then as the government OF the United
States is TO execute this guaranty, the
question arises what constitutes the gov
ernment of the United States? The Presi-
Edent does not constitute the government
the Congress does moi constitute the gov
ernment the Judiciary does not constitute
the government; but all three together
constitute the government; and as this
lguaranty is to be executed by the govern
/ ment of tine United States. IL follows neces-
sarily that it must be a legislative act The
President could not assume 10 execute the
guaranty without assuming that he was The
United States within the meaning Of that
provision, without assuming that he was
the government of the United States.
Congress could not OF itself assume TO exc
cute the guaranty without assuming that it
was the government of the United States
nor could the Judiciary without like
assumption. The act must be the act of
the governments. and therefore ii must be n
legislative act, law passed by Congress
submitted to the President forh approval,
and. perhaps, in proper case, subject To
be viewed by the judiciary.
Mr.. President, lliaf this is necessarily the
case from the simple reading of the consti-
tuition seems 10 me can not be for moment
denied The President, i'm assuming to
execute this guaranty himself. is assuming
10 he the government of the United States,
which he clearly is not, but only one of its
co ordinate branches; and. therefore, as
this guaranty must be a legislative act, il
follows that the attempt on the part OF the
President to execute the guaranty was
withou: authority, and that the guaranty
can only I've executed in the form of n law.
first to be passed by Congress and then to
submi'iedto the President for his approval; !;
and If he does not approve it. then 10 be
passed over his head by majority of two
/ thirds in each House. That Law; then.
becomes the execution of the guaranty and
is the act OF the government of The United
States. ....t
Mr. President. this is not an open ques
| tim. send 10 the Secretary and ask him
10 read n part Uf the decision Of the Su-
preme Court of The United States in the
case Of Luther VS.. Borden, as reported in I
| Howard. '---..----
The Secretary read as follows:
| Moreover, the constitution ofihe United
States, as far as it has provided for an
emergency Of This kind, and authorized the
general government TO interfere in the
domestic concerns ola State, has treated
the subject ss political in lis nature and
placed the power in The hsuds of that de-
parmcnt.
The fourth section of The fourth article
OF the constitution Of the United States
provides that the United States shall guar
arariec 10 every State in the Union re-
publican form of government, and, shall
protect each ofihem against invasions; and
up: n the application of the Legislature or
OF the Executive fwhen the Legislature can
not be conyened) against domestic vio
Ilcrcc-
"under this article Of the constitution il
rests with Congress 10 decide what govern
ment is the established ore in State.
! For, as the United States guarantees to each
Stale republican government, Congress
must necessarily decide what government Is
established in the State before it can deter
mine whether il is republican or not. And
when the Senator's and Representatives of
a State are admitted into the councils of
the Urion the authority OF the government
under which they are appointed, as well as
| its republican character. is recognized by
the proper constitutional authority. And
lis decision is binding upon every other dc
partment OF the government and could not
be questioned in a judicial tribunal. 1t is
true that the contest in this case did not
last long enough To bring the matter TO this
issue and as no SeLators or Representa-
lives were elected under the authority of
The government of which Mr.. Dorr was The
head, Congress was not called upon TO
decide the controversy. Yet the right 10
decide is placed there, and moi in the
courts" IE-.8.
Mr.. Morton. In this opinion of The
Supreme Court of the United States. slcliv-
cred many years ago, tho right 10 execute
the guaranty provided 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.
Mr.. johnson. Do you read from The
opinion delivered by the Chief Justice?
| Mr.. Morton. Yes, sir the opinion de-
1
that this power is not fudicial that 1t is
one OF the high powers conferred upon
Congress that is not subject 10 be re-
viewed by the Supreme Court, because II is
political in It's nature II is distinct emu, :
citation OF the doctrine that this guaranty is
not to be executed by the President or The
Supreme Court. but by the Congress OF the
United States. in the form of law 10 be
passed by that body and to be submitted to
the President for his approval; and should
he disapprove it, itmay become law being
passed bya twoihirds majority over his
head.
Now, will call the attention OF my
friend from Wisconsin tosome other author
ity. As he has been pleased to refer to me
to show that l am not quite consistent, i
will refer 10 vote given by him in 1864 on
a very important provision. On the lst Of
July, 1864, the Senate having under con-
sideration as in Committee OF the Whole,
"a bill 10 guarantee TO certain States a
republican form of government" Mr..
Brown, of Missouri, offered an amendment
to strike ont all Of the bill after the enact
ing clause and 10 insert a substitute, which
l will ask the Secretary to read.
| The Secretary read as follows:
"rhat when the inhabitants or any State
have tcen declared in q state of insurrec-
ton against the United States by proclama-
ton Of the President, by force and virtue
ofthe act entitled An act further to provide
for The collection of duties on imports, and
for other purposes" approved July 18Th,
1861, they shall be, and arc hereby declared
to be incapable ofcasiing any vote for elec-
tcrs of President or Vice President of the
United States, or, Of electing Senators or
Representatives in Congress until said in
surrection in said State is suppressed or
abandoned, and said inhabitants have re-
turned To their obedience TO the govern
mcnt of the United States, aud until such
return to obedience shall be declared by
proclamation of the President, issued by
virtue of an act of Congress. hereafter TO be
passed, authorizing the same" a
Mr. Morton-l The honorable Senator.
from Wisconsin voted for that.in Commit