The Waynesburg Republican. [volume] (Waynesburg, Pa.) 1867-18??, 1868-02-05

the Constitution is confirmed by tn
highest judicial authority which W
have.
Mr.. JOHNSON. Do you read from
the opinion delivered by the Chic
Justice?
Mr.. MORTON. Yes, sir; the opin
ion of Chief Justice fancy. He de
cides that this power is not judicial
that it is one of the high powers con
ferred upon Congress that it is no
subject TO beroviewed by the Suprcm,
Court, because it is political in it
nature. 1t is distinct enunciation o
the fact that this guarantee is not t,
I be executed by the President, or b,
the Supreme Court, but by the Con
gress of the United States, in the form
Of a law TO be passed by that body an,
to be submitted to the President to
his approval and should he disap
| prove it, it may become u law by bein.
passed byt.a two-thirds majority owe
his head.
Now, [ will call the attention o
my friend from Wisconsin to som,
other authority. As he has bee,
! pleased to refer to former speech o,
mine to show that | am not quite con-
sistent, | will refer to vote given by
him in 1864 on very important pro,
vision. On the 1st of July, 1861
the Senate having under consideration
as in Committee Of the Whole, "a bill
to guarantee to certain States whost
governments have been usurpcd OF
overthrow republican form fgov-
ernmcnt," Mr.. Brown, of Missouri
offered an amendment to strike out
all ofthc bill after the cnacting clause
and to insert a substitute, which Iwill
ask the Secretary to read,
The Secretary read as follows
'That when the Inhabitants of any State
have been declared in n state OF instlrectior
against the United States by proclamation o.
th. President, by force and virtue of the act
eattled 'Hnac further to provide for the col
lection Of duties on imports, and for Other
purposes, approved July 3, 1861, they shall
be and are hereby declared to be incapable O
casting any vote for electors of President OF
N,na,,a glcs rresaeat OF the United States or OF
gress until said insurreeiCn in said said State Vi !,
suppressed or abandoned, and said inhabi-
t9lls ,aye returned 10 thelT obedience to the
such return to oSedence sh,II be- decered au dI by
proclamation Of the President. issued by viz.
m Tue o, an ac, Oh Congress hereafter to be pass
' ~ [ ~,
MR. MORTON Ihe honorable Sen
ator irom W Isconsn, voted for that in
committee OF '4e Whoie' and on it,
hhal PASSAGE / raiI attention to the
"''lgnu'Iien1 81 "hIch declares lh't they
S'''''' 'o
,'lncapablc of casting any vote for electors
81 ,s'uyul t ; Jr gice grgslacnt oi lhe United
lives in Congress until slil nsn,rocti6n in ssil
Stalg is suppressed or abaniored and said
,aH2on,s ,n NAVE Gs'lTGed g me-, To- their obedience
until such return and obedience shall be de- de-
clared by prroclamadon of the President issued
nc % |V 9 tTo Gy Son,gSS a hereafter 10 DC
-.
~ n1'I5 i''"'''S 'l'a' st.'e OF war
on"'' . ne pe IGsaioei us continuing uhtii
/. m a'i''' Do uGclarei 1 no lehger 10 exist
y 'no ito'I'e','' I' III virtue Oh ahaGt Oh
~ e'1 ~ oG neIea,'er passed., am
siau 70 ''ho oy looking at the vote,
s'Ia' t1 t'ic ol2'IuguIsned r' senator from
wa. .1a'y '''iiu MI 'o,''lSohl NoVca Iof
Iil'7 proposition, ana tnus recognized
'''' uoc'rlle ior "I'lch L am now con-
tending; t!iat the power to execute the
guarantee Is vested IN Congress alone,
ana V''at IL Is Ior congress alone to
Ietermlhe the status and condition OF
.llose states, ana that the PRESIDENT
mas no power TO proclaim peace or to
declare the Poil'lGai condition OF those
2taVsS 'lntil ne snail hrst nave been
'hereuhto authorized ny an act OF Con-
gress;
l therefore, MIR. President, take the
proposition as concluslyely established
both by reason and authority, that
tins clause OF the Constitution can be
executed only by Congress; and taking
that as established, | now proceed to
consider what are the powers of Con-
gress ID the execution of the guaran-
tee, and how 1t shall be executed, and
what means may be employed for that
purpose; The Constitution does not
dehne the means 1t does not say
now the guarantee shall be executed.
All that Is leitto the determination of
Congress. AS to the peculiar charac-
ter of the means that must be employ
~ IL ~ W., uo'on'' uPon
'iie Pecuiiar circumstances OF each
case: and the extent of the power will
depend uDon the otber ouost;on ne 30
Os''NA HuNolAOlL tio W