The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-02-21


sr legislative duties addressed II the
political or legislative department. OF
the Government, and can never, IN
der any circumstances, be perform
ed by the President, or by the
courts, except as Congress shall
give them power to act. Let
Us test this by few questions How
is the President or a Court to protect
State from invasion without author
ity from Congress to aet2 Can the
President by virtue of his Office levy
and subsist troops2 Will the Courts
issue writs of CapiGs adj responder
DUN and arrest the invaders? How
can either of these departments
suppress an instruction, or take
one step In that direction with
out an act Of Congress2 Or sup
pose a majority Of the people Of a
State shall by a Convention duly
called. abrogate their Republican
Constitution and. without violence,
erect a monarchy on its ruins, in the
heart of the Republic, can the Presi-
dent, or the Judiciary, smite the bas
tard thing as it deserves to be smit-
tent Clearly, reason, as well as au-
thOrity, show that all these are politi-
cal duties which must be performed
by Congress, or by its authority.
But again, look at the position that
the duty Of guaranteeing a republican
form of government only applies to
present existing republican govern
ments. What would be the result If
State should abrogate her Constitu
ton without adopting another?
Where, then, is your existing State
governments Does that which de-
strOys the State government also de-
stroy with it the duty of the United
States to guarantee to each State a
government republican In form?
Or suppose that by repeated amend
ments the State government is gradu-
ally but surely converted into a mon
archy2 Would the duty of the United
States cease because the very thing
had occurred which this clause was
designed 10 prevent?
This is one of the very cases
in which it would be the duty to
overthrow such an anti American
government.
Or suppose a State to be without an
government, and, if you
please, without a Constitution, does |
the duty Of the United States to pro-
tect it from invasion cease at the very |
time when protection may be most
needed?
Mr.. Hendricks is mistaken, then,
when he says that the duty of guar
a republican form of gov
srnment contemplates an e.ctstiaQ
State Government republican Ia form.
1t is true, as he says, that Mr.. Mad
son, Mr.. Hamilton and Judge Story
10 all teach that this clause does con-
a pre-eDistjRg State govern
nent, republican In form; but pre-
.1istiRg State government republican
n form, is one thing, aud an eD;stin0
State government, republican in form,
s another and a different thing. A
republican government may have pre-
existed, or once existed, aud may now
De supplanted by a monarchy. and
hat Is one of the very cases In which
he clause must be executed.
L now confidently submit, that
nave clearly established, that under
he law aud the facts, it was the right
md the duty of Congress to intervene
n the restoration of the revolted
states, by overthrowing the dislOyal
nti republican organizations called
INTO being by the mandate
# Mr.. johnson, and by prOvid-
ng the means which would enable
he great body of the people of those
states to reorganize local governments
n harmony with the Government of
he United States. | do not propose
o show that the action which Con- :
.ress did actually take to accomplish !
hese ends was right, constitutional
nd proper, for that has been so re-
emily done by Governor Morton in
he Senate, with perspicuity of style, 4
purity of diction, and a power of az
ument which it would be a vain
hing for me to attempt to initiate.
hat speech has never been answered,
nd never will be answered, for the
nipple reason that it is unanswerable.
he premises on which he built that
rand, logical structure, are as firm as
he " everlasting hills" and his con-
lusions are as inevitable as one of the
demonstrations of Euclid Long ]
lay he live an ornament to the SEN {
to, honored of the nation, and the !
ride of his State.
After several other speeches the
adjourned sine die.
The indianapolis Journal says: {