Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1868-02-14
seuator Morton ON Keconstruc-
lion.


one. 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 only be restored to them
mon such conditions as the nation may
prescribe for its future safety and prosper
fty: and the other that the rebellion was
notssiniul, but was right; that those en-.
gagged in it forfeited no rights, civil or pc.
litical, and have right to take charge of
their State governments and be restored
to their representation in Congress just as
if there had been no rebellion and nothing
had occurred-he stated that the immedi-
. ate issue before the Senate was between
the existing State governments established
under the policy Of the President of the
United States and the plan of reconstruc-
ton presented by Congress.
He stated the proposition as agreed upon
on both sides that at the end OF the war,
in the spring of 1866, the rebel States
were without State governments of
Icany kind, 3 the loyal State govern
ments existing at the beginning OF
the war having been overturned by the
rebels, and the rebel State governments
erected during the war having been over
turned by our armies, and at the end of
1.-THE war there were no governments of any
kind existing in those States. This fact
was recognized distinctly by the Presi-
dent of the United States in his procla-
nation under which the work of recon
struction was commenced in North Caro-
lima in 1865, to which beg leave to refer
The others were mere copies of this proc
lamatIon. In that proclamation he says:
And whereas the rebellion which has been
Waged by portion OF the. people OF the United
States against the properly constituted authori
Iies or the Government thereon, In the most vlo-
whose
armed forces have been almost entirely overcome,
mas in its Revolutionary progress deprived the
government"
The fourth section Of the fourth article
of the Constitution declares that "the
United States shall guarantee to every
State in this Union 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 the States in their
iorbits, to preserve them from anarchy,
revolution and rebellion. The measure of
power thus conferred upon the Govern
ment Of the. United States can only be de-
termined by that which is requisite to
guaranty or maintain in each State legal
and republican form of government.
S~bateyer power, therefore, may be neces-
onvnLE sa.aA the Government of the
UnlUUe, to maintain in each
State republican form of government is
g conveyed by this provision.
Now, Mr.. President, when the war
ended and these States were found with
out governments Of any kind, the iuris-
g@diction of the United States, under this
provision of the Constitution, at once
- attached; the power 10 reorganize State
governments, to use the common word, to
reconstruct, to maintain and guaranty re-
publican State governments in those States,
at once attached under this provision
Upon, this proposition there is also con-
currence OF the two parties. The Presi-
dent has distinctly recognized the applica-
ton Of this clause OF the Constitution.
He has recognized the fact that its juris-
diction attached when those States were
found without republican State govern
ments, and he himself claimed to act under
this clause of the Constitution. [ will
read the preamble of the Presidents proc
lamation.
Mr.. Morton here read the preamble
and proceeded as follows.
[ read this, Mr.. President, for the pur-
pose OF showing that the President of the
United States, in his policy of reconstruc-
tion, started out with distinct recogni-
ton Of the applicability of this clause of
the Constitution, and that he based his
system of reconstruction upon it. 1t is
true he recites in this proclamation that
he Is the Commander-inC Chief of the
Army of the United States but at the
same time he puts his plan of reconstruc-
! Ation, not upon the exercise of the military
power which is called to its aid, but on
the execution OF the guarantee provided
by the clause OF the constitution to which
have referred. He appoints Governor
for North Carolina and for these other
States, the Office being civil in its charac-
ter, but military in its effects. This Gov
ernor has ali the power of one of the dis
trict commanders, and, in fact, far greater
power than was conferred upon General
Pope or General Sheridan or any general
in command; for it is further provided:
=, That the, military commander of the depart
ment, and all officers and persons In the military
and naval service, aid and assist the said provs-
iona governor in carrying into effect this procla.
nation"
We are then agreed upon the second
proposition, that the power of the United
States to reconstruct and guaranty repub.
lican forms of government at once applied
when these States were found in the con-
diti0n In which they were at the end of
the war. Then, Sir, being agreed upon
these two propositions, We are brought to
the question as to the proper form of ex-
ercislng this power, and by whom it shall
be exercised. The Constitution says that
"the United States shall guaranty to every
State in this Union republican form OF
government" By the phrase UNITED
States here is meant the Government of
Z the United States The United States can
I act only through the Government, and the
clause would mean precisely the same
thing as ii it read "the Government OF
the United States shall guaranty to every
State in this Union a republican form OF
government"
Then, as the Government of the United
States is to execute this guarantee, the
question arises, what constitutes the Gov.
ernment of the United States? The
J President does not constitute the Govern.
ment; the Congress does not constitute
the Government; the Judiciary does not
constitute the Government; but all three
together constitute the Government; and
as this guarantee is to be executed by the
Government of the United States it fol
lows necessarily that it must be legisla-
tive act. Hence. Mr. Morton commended
, that neither the Executive, nor Congress-
nor the judiciary could alone assume To
execute the guarantee, without assuming
to be in itself the United States and the
Government of the United States The
act must be the act of the Government,
and therefore it must be q legislative act,
law passed by Congress, submitted to
the President for his approval, and per-
haps ina proper case, subject to be re.