The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1868-02-21
2olitifal.

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RECONsTRUCrIOY.
SPEECH OF HON. A. P. NORTON.
OF INDIANA.
Is the Unitei States Senate, Jan. 20, 1898
ON the Consfiiattonaltfv Of the Reco"sfr'so'
tton Aets.
Mn. PRrsIplSr; II he'd not been referred
to by my hoporsblo friend from Wisconsin (Mr
Doollttle) in the debate yesterday should
not desire to speak On this question, espso-
tally at this time. f,ar that shall not have
the streneth to say what I wish to.
The Issue here to-day 10 the same which pre-
wallis throughout the country. which will b
the issue OF this canvass, and perhaps Tor
years to come. To repeat what have had 90.
casion to say elsewhere, II is between two para.
mount ideas. each struggling for the suprema-
cy. One 10, that the war to suppress the re-
belliou was right and Just on our part that
the rebels forfeited their civil and political
rights, and can only he restored to them upon
such conditions ~ 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 II forfeited
no rights, civil or political, and have right
to take charge OF their State governments and
be restored to their representation in Congress
Just a. II there had been no rebellion and moth
Ing had occurred. The immediate issue be-
fore the Senate now Is between the existing
State governments established under the poll.
cy Of the President Of the United States In the
rebel States and the plan Of reconstruction N
presented by Congress.
When surveyor first enters new territory
he endeavors to ascertain the exact latitude
and longitude OF given spot, and from that
can safely begin his survey and 20 viii en-
deavor to ascertain o proposition In this de-.
bate upon which both parties are agreed. and
start from that proposition. That proposition
10. that st the end OF the war, in the spring Of
1865, the rebel States were without State gov.
ernmeuts Of any kind. The loyal State gov
eruments existing at the beginning Of the war
had been overturned by the rebels the rebel
State governments 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 recognized
distinctly by the President Of the United States
In his proclamation under which the work OF
reconstruction was commenced in North Caro-.
lima In 1865. TO which beg leave to refer.
The others were mere copies of this proclama-
ton. In that proclamation he says:
And whereas the rebellion. which has been
waged by portion Of the people Of the United
stsies against the proper authorities Of the Gov.
ernment thereof In the most violent and revolving
form, hut whose organised and armed fgfces have
State Of North Carolina OF oil civil government.
Here the President must be allowed to speak
for his party, and shall accept this as pro-
position agreed upon on both sides: that at
the end OF the war there were no governments
Of any kind existing In those States.
The fourth section of the fourth article OF
the Constitution declares that ''the United
States shall guarantee to every State In this
Union q republican form Of government"
This pro vision contains vast, undehued pow
er that has never yet been ascertained-a great
supervisory power given to the United States
to enable them to keep the States In their or
bits preserve them frOm anarchy, revolution,
and rebellion. The measure Of power thus
conferred upon the Government OF the United
States can only be determined by that which IS
requisite To guarantee or maintain in each
State legal and republican form of govern
ment. Whatever power, therefore, may be
neossssry To enable the Government Of the
United Ststes thus 10 maintain in eaoh Statc .
republican form 0f government 10 conveyed
by this provision.
Now, Mr. President. when the war ended
and these States were found without govern
mcnt of any kind, the jurisdiction OF the
Unitel States. under this provision Of the Con.
sttution, At once attached tho power to re-
organize State governments, to use the CON-
mon word, TO reconstruct, to maintain and
guarantee republican State governments In
those States at once attached under this pro-
vision. Upon this proposition there Is also .
concurrence Of the two parties. The Presi-
dent has distinctly recognized the application
OF this clause Of the Constitution. lie has
recognized the fact that its jurisdiction NJ.
tacbed when those States were found without
republican State governments, and he himself
claimed 10 act under this clause Of the Consti
tuition. will read the preamble OF the Presi.
dents proclamation.
Whereas the fourth section OF the fourth article
Of the Consultation OF the United States declares
s. the stated
ment, and shall protect each OF them against 10.
vason and domestic violence and whereas. the
President OF the United States is by the Consttu.
Navy, as we'll As chief civil executive ocer Of the
United states. and u hound by solemn oath faith.
fully t0 execute the Office Of President OF the
United States, and to take care that the Avs be
faithfully executed and whereas tho rebellion
which has been wAged BY o portion OF the people
of the United States against the properly con-
stltuted authorities OF the Government thereoi IN
the most violent and revolving FORM but whose or.
ynnlEed and armed forces have now been almost
entirely overcome. has, In Its revolutionar, pro-
grcss, deprived the people OF the state or North
Carolina Of all civil government and whereas u
e. s psSSs GSsS
States to the people OF North Carolina In securing
them In the enjoyment OF republican form OF
government.
Tread this, Mr.. President, for the purpose OF
showing that the President of the United
States, In his policy Of reconstruction, started
out with distinct recognition Of the applica-
biliiy Of this clsuse Of the Constitution, and
that he based his system Of reconstruction
upon. Its true that he recites in this procla-
nation that he Is Commander-in-Chiefo 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
10 cslled TO It's aid, but on the execution OF the
guaranty provided by the clause OF the Con-
slitution 10 which I have referred. He sp-
points Governor tor North Carolina and for
these other States, the 0tlice belng civil in Its
character, but military In its effects. This
Governor has all the power Of one Of the DIS
triot commanders, and, In fact. fer greater
power than Was conferred upon General Pope
or General Sheridan, or any general In COM
msnd Of Q district for II 10 further pro-
vided:
That the military commander OF the depart.
ment and all officers and persons Ia the military
and naval service. aid and assist the sair PROVE.
ionsi governor In carrying Into effect this proc
clsmatlon.
We are agreed upon the second proposition,
that the power Of the United States to recon-
struot and guarantee republican form of gov
eminent at once applied when these States were
fund In the condtlun iu'whioh they were at
the end Of the war. Then, sir. being. agreed
upon these two propositions. We are brought
to the question ss to the proper form OF exer.
oisinr this power and by whom u shall b. ex-
ercsed. The Constitution says that "the Unit
ed States shall guarantee t0 every state IN thn
Union republican forms Of government. -
by the phrase "United States" bere 70 meant
the Government vt the Uni,ei States. The
United States can only act through the Gov-
ernment, and the clause would mean precisely
the same thing u Il resd ''ths Govern.
ment Of the United States shall guarantee
to every State In this Union republican iorm
Of government"
Then, ~ the Government OF the United
States H. to execute this guaranty, the question
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