The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-02-06
eQnteIli9enee
SPE ECh
SENATOR MORTON,
OF INDIANA.
SPn ECH
In the Senate Of the United States
ON FRIDAY. JANUARY "a, 1868.

- ASSuuSlu lMr. DoOlittle
IN the debate of yesterday, 1 should NO
desire to speak on this question. ga
peciSIiy at this time. 1 fear that sbsl
wish to.
THE TWO PROPOSITIONS.
The issue here TODAY is the sam.
winch prevails throughout the country
Mn!Sh VIII De the issue of this canvass
ana perhaps for years TO come. To re-
peat what I have had occasion to saw
elsewhere, it is between two paramount
Ideas. each struggling for the suprema.
cS. One is, that the war to suppress
the rebellion was right and just on our
part; that the rebels forfeited their civil
and political rights, and can onlv be re-
stored TO them upon such conditions as
the nation may prescribe for its future
safety and prosperity. The other idea
Is, that the rebellion was not sinful
but was right; that those engaged in il
forfeited no rights, civil or political.
aud have right to take charge of their
State governments and be restored to
their representation in Congress lust
As II there had been no rebellion and
nothing had occurred. The immediate
. issue before the Senate now is between
the existing State governments estab-
llshed under the policy OF the Presi-
uent OF the United States in the rebel
States and the plan of reconstruction
presented by Congress.
a STARTING POINT.
When a surveyor first enters a nav
territory, he endeRvors to ascertain
the exact latitude and longitude of a
given spot, and from that can safely
begin his survey; and so will endeav-
or 10 ascertain proposition In this
debate upon which both parties are
agreed, and start from that proposi.
uon- That proposition is that, AT the
eud OF the war, in the spring of 1865.
the rebel States were without State
governments of any kind. The loval
State governments, existing at the be-
ginning OF the war, had been over
turned oy the rebels; the rebel State
SoNernmentSS erected during the war.
had been overturned by our armies
and at the end OF the war there were
no governments of any kind existing
IN those States. This fact was recoG-
nlzed distinctly by the President of the
United States in his proclamation un-
der which the work. of reconstruction
was commenced in North Carolina in
1865, to which beg leave to refer. The
others were mere copies of this proc-
lamatlon. In that proclamation he
says:
"ASD WHEREAS, The rebellion which has
oeen Wa8ed by portion OF the people of the
United states against the properly constitu.
TED authorities OF the Government thereof
in the most violent and revO:ting foIm bnf
whose organized and armed forces have nov;
been almost entirely overcome, has in It's
reSoLuuonary progress deprived lie people OF
bne State OF North Carolina OF all civil gov
eminent"
Here the President must be allowed
TO speak for his party, and l shall ac-
cept this as proposition agreed upon
on Doth sides-that, at the end of the
war, there were no governments of any
kind existingin those States.
THE GUARANTEE OF REPUBLICAN Gov
The fourth section of the fourth ar
ticle OF the Constitution declares that
''the United States shall guarantee to
every State in this Union u republican
form of government" This provision
contains vast, underlined power that
has never yet been ascertained-a great
supervisory power given to the United
States to enable them to keep their
States in their orbits; to preserve them
from anarchy, revolution aud rebel
lion. The measure of power thus con-
ferred upon the Government of the
United States ca n only be determined
by that which is requisite to guarantee
or maintain in each State a legal and
republican form of government. What
ever power, therefore, may be neces-
sary TO enable the Government OF the
United States thus to maintain in each
State a republican form of government,
is conveyed by this provision.
MR. JoHSzoN's FORMER ATTITUDE.
Now, Mr.. President, when the war
ended and these States were found
without governments of any kind, the
Jurisdiction of the United States,
under this provision Of the Constitu-
ton, at once attached; the power to re-
organize the State governments,
to use the common word, 10 e.
construct, to maintain and guar.
antee republican State governments in
those States, at once attached under
this provision. Upon this proposition
there is also a concurrence of the two
parties. The President has distinctly
recognized the application ofthis clause
of the Constitution. He mas recognized
the fact tEat its jurisdiction attached
when those States were found without
republican State governments, and he
himself claimed to act under this clause
of the Constitution. I will read the
preamble OF the Presidents prOclama-
tion:
WHEREAS. The fourth section of the
fourth article Of the Constitution of the uni
ted States declares that the UniIed States
shall guarantee to every State In the Union a
republican form OF government, and shall
protect each OF them against invasion and
domestic violence; and whereas the Presl-
dent of the United States Is. by the COnstitu-
ton, made Commander int thief OF the army
and navy. aS we as chief civil exc cutive Of
hceT of the United states, and Is bound by
solemn oath faithfully to execute the office
of President OF the United SSL4EeSs anu 10 Jake
care that the laws be faithfully executed: and
whereas, the rebellion which mas been
waged by "A portion OF the people OF the u nj.
ted States against the properly constituted
authorities Of the Government thereof, In
1he most violent and TevOittng form, but
whose o1ganiZed and armed forces have now
been almost entirely overcome, has, In It's
revolutionary progress, deprived the people
oi the State of hGrLn Carolina of all civil
government: and whereas, IL becomes neceS
Eary and proper TO carry out and enforce the
obligations OF the United states to the people
TNfA Mort Ia "a qFfll r.
enjoyment of republican form OF govern
ment."
read this, Mr.. President, for the
purpose of showing that the President
of the United States. in his policy of re-
construction, started out with a distinct
recognition of the applicability of this
clause of the Constitution, and that he
based his system of reconstruction
upon 1t. 1t is true he recites in this
proclamation that he is the commander.
jn-chief of the Army of the United
States; but at the same time he puts
his plan of reconstruction. not upon the
exercise of the military power which Is
called to its aid, but on the execution oi
the guarantee provided by the clause oi
the Constitution to which have refer
red. He appoints IA Governor for North
Carolina and tor these other States
the office being civil in its character
but military in it's effects. This Cover
nor has all the power of one of the dis
trict commanders, and, in fact, far
greater power than was conferred
upon General Pope, or General Sheri.
dan, or any general in command of a
district; for IL is further provided:
THAT the military commander OF tle de