The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1868-02-06
the opinion delivered by the Chief JUS

the opinion delivered by the Chief Jus
| tice
Mr. MORTON Yes. sir; the opin
ion delivered by Chief Justice Taney
He decides that this power is not judi
cial thas it 10 one Of the high powers
nterred upon Congress !; that it is moi
subject to be reviewed by the Supreme
Court, because it ia political in its na
ture. It 10 distinct enunciation Of the
doctrine that this guarantee 10 not TO be
executed by the President or by the Su
preme Court bet by the Congress OF. The
United States, in the form Of law to
be passed bv that body and to be sub
mitted to the President for his approval;
and should he disapprovd it may be
come . Law by being passed by two
thirds majority over his head.
Now, will cali the attention of nv
friend from Wisconsin to some other
authority A. ne has -,.een pleased To
refer TO \ former speech Of mine to show
that am nos ute consistent. | will re
fer to \ v)te given ~ MIN in 1864 On Il
very Important provision. On the ist
OF July, 1854. the S nate having unler
consideration, AS IN Committee of the
W..oie. "a bill to guaranty to certain
States whose governments have heen
usurped or overthrown a republican
form of government, Mr.. Brown. of
Missouri offered AL amend meat ID strike
oat all Of the bill after the eaacting
clause aud to insert q substitute, wilicn
l will ask the Secretary to read.
T .e Secretary read as follows:
THAT when the inhabitants of any State have been
declared in of usurrectiou against the United
States by proclamation of the preSSNsuf and
virtue of the entitled An further prnvide
r the collection of duties imports. and for other
purposes, approved july Is, $751; .hey shall be, and
are hereby declared TO incapable Of casting any
for electors of President Wise Presids mt of
the United States Or Of electng Senators Repre-
sentattves IN Congress until said iusurrectan said
State is suppressed abandoned, aud sail iuhabi-
tants have returned to their obedience the Go
ment Of she United States. and until such return
obedience shall BE- declared by proclamation of the
President, issued by virtue of act Of Congress
hereafter to bs passed. .uthorizing the s.me."
Mr.. NORTON. The honorable SEN
ator from Wisconsin voted for that in
Of the Whole and on it's final
passage. caif attention to the coDclu-
sion of the amendment, which declares
that they shall be-
"lncapabe Of casting any vote for electors of Pres
dent or Vice President of the United states or Of
ii ssid insurrect'an il sui 3ssss suppressed or
abandoned, and said Inhabitants have returned %
their obedience to the Government of the United
teees, and until such return and obedience shall be
BY proel.mation Of the President issued by
virtue o. AZ act OF Congress hereafter to BY passed.
Recognizing that state of war shall
be regarded IS continuing until it shall
be declared no longer to exis. by the
President. in virtue OF an act of Con
gress to be hereafter passed. am glad
to find by looking at the vo-, that the
n
Mr.. JoHNsoNl voted for this prc.,.;
ton, and thus recognized the doctrI.>
for which I am now contending; that
the power tn execute the guarantee is
vested in Congress alone, and that it is
for Congress alone to determine the
status and condition of those States. and
that the President has no power TO pro
claim peace or to declare the political
condition Of those States uatil he shall
first have been thereunto authorized by
an act of Congress.
1 therefore. Mr.. President. take the
proposition as conclusively established,
both ny reason and authority, that this
clause of the Constitution can be exc
cuted only Nv Congress and taking
that as established, DOW proceed to
consider what are the powers of Con
gress in the execnti IN oftke guarantee.
how it shall ne executed, and what
means nav he emp'ored for that pnr
pose. Tae Constitution does aos j 'ite
the meat. l. ioes not say how Jle
y,arsn- ,---7'+FTsrT re pxe..tel. Au -'Tt
:~rssrt ~ the 4ate.sfl.,,a -. % Congress
A. 70 the particular character o' the
msaas tnst must h- em;ioycFe- thai, /
tax. it.. VII d-pv.,i uson the peciii,Ar@
OF ea:ii case, AMI tia.
ex ems Of the power will depend upor
the o.iter question "A 10 ~hat nav ne re
q.,is ed for the purpose of msin.ainios
or guarantying loyal repui,.i sn fora,
of government in each Safe Use tae
word s.iova,, although il is no. used III
the Consultation. because LOYALTY is sr
inhering qualification not only in regard
to persons who are to fill public offices.
but in regard to State governments, and
We have no right to recognize State
government that is not loyal to the Gov
ernment OF che United States Now
sir. As to the use Of means that are moi
prescribed in the Constitution, call tn,
attention of the Senate to the eighteenth
clause of section eight of the first articl.
of the Constitution Of the United States
which declares that
arhe ConRrsss shdL have power 10 make ell laws
which shall Be ssesssary s.d propse for carrying int
sxseation the fcrsGoiak Pewss and an other Powers
vssssd By this Consttusson IN shs Government of thu
Unissd Stasss any department - o0oer thereof"
Here is . declaration Of what woull
otherwise BET general principle anyhow
that Congress shall have the power o
pass all laws necessary 70 carry into ez-
ecution all powers that are vested in the
Government under the Constitution. As
Congress has the power to guarantee or
maintain . loyal republican government
in each State. it has the right 70 Use
whatever means may be necessary fos
that purpose. As beEore remarked
the character Of the means will depend
upon the character Of the case. In on
case it may be the use Of IN army il
another case perhaps it may be simply
/ presenting question to the courts, and
having it tested in that way; in anothe
case it may 60 TO the very foundation
Of the Government itself And 1 nov
: nd 81