Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1868-02-06

The act must be the act Of the Gov
ernment, and, therefore, it must he
a legislative act, a law passed by
Congress, submitted to the Presi-
dent for his approval, and perhaps,
in a proper case, subject to be re-
viewed by the judiciary.
Mr. President, that this is neces
sarily the case from the simple
reading of the Constitution seems
to me cannot for moment be de
MED. The President, in assuming
to execute this guarantee himself
is assuming to be the Government
Of the United States, which be clear
ly is not, but only one of its co-or,
dinate branches; and, therefore, as
this guarantee must>be q legislative
act, it follows that the attempt on
the part Of the President to execute
the guarantee was without authori-
ty, and that the guarantee can only
be executed in the form of q law,
first to be passed by Congress and
then to be submitted to the Presi-
dent for his approval; and if he
does not approve it, then to be
passed over his head by q majority
of two thirds in each House. That
law, then, becomes the execution ol
the guarantee, and ia the act Of the
Government Of the United States.
X
I, therefore, Mr.. President, take
the proposition as conclusively es-
tablished, both by reason and au-
thority, that this clause of the Con
stitution can be executed only by
Congress; and, taking that as es
tablished, Inow proceed to consider
what are the powers of Congress in
the execution ofthe guarantee, how
it shall be execute |, and what
means may be employed for that
purpose. The Constitution does
not define the means. IT does not
say how the guarantee shall be exc
cuted. All that is left to the de-
termination of Congress. AS to
the particular character ofthe means
that must be employed, that, | take
it, will depend upon the peculiar
circumstances of each case; and
the extent of the power will depend
upon the other question as to what
may be required for the purpose of
maintaining or guaranteeing 10y
ll republican form of government
in each State [ use the word
loyal, although it is not used in
he Constitution, because loyalty is
IN inhcring qualification, not only
II regard to persons who are to fill
public offices, but in regard to State
Governments, and we have no right
o recognize a State government
hat is not loyal to the Government.
If the United States. Now, sir, as
he use Of the means that are not
prescribed by the Constitution, l
,all the attention Of the Senate to
he eighteenth clause of section
light Of the first article of the Con
titution of the United States, which
lecIares that:
"The Congress shall have power
o make all laws which shall be
and proper for carrying
nto execution the foregoing powers
nd all other powers vested by this
Constitution in the Government of
he United States or any department
II officer thereof"
Here is n declaration of what
would otherwise be a general prin-
'iple anyhow; that Congress shall
AVE the power to pass all laws
necessary to carry into execution
I'll powers that are vested IN the
Government under the Constitution.
rs Congress has the power to guar
lntec or maintain loyal republican
government in each State, it has
he rigIt to use whatever means
nay be necessary for that purpose,
As before remarked, the character
If the means will depend upon the
character Of the case. In ono case
t may be the use of the army, in
case perhaps it may be
simply presenting a question to the
courts, and having it tested in that
way in another case it may 90 to
he very foundation of the Govern
nent itself. And l now PROFOUND
his proposition; that if Congress,
lftor deIiberation, after long and
bloody experience, shall come to
he conclusion thaG loyal republl- |
'an State governments cannot be |
and maintained in the rebel !
States upon the basis of the white
population, it has a right to raise
Up and make voters of q class of
men who had no right to vote m-
ler the State laws, This is simply |
he use of the necessary means in
he execution Of the guarantee. If
We have found after repeated trials
hat loyal Republican State govern
nents-goyernments that shall an
'wer the purpose that such govern
nents are intended to answer-can-
lot be successfully founded upon
he basis of the white population,
because the great majority Of that
population are disloyal, then Con
yress has a right to raise up a new
loting population for the purpose
If establishing these governments
n the execution Of the guarantee,
think, sir, this proposition is so
,lear that it is not necessary to