Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1868-01-30

power TO review the pollJlcal queS-
tons intrusted exclusively to the
legislative department Of this Gov
ernment, among which is that in
volved in this legislation, whether a
community is oris not State with
in this Union, and whether it has
or has not a republican form Of
government. This question has
long since come before that high
tribunal, the Supreme Court of the
United States, and it has solemnly
decided that it is a question for the
political department OF the Govern
ment, and that the decision of it by
that department concludes the ju-
dietary.
Why, sir, 1t must be self-evident
that if the judiciary Of the United
States has the power to intervene
in this matter and decide to-day,
contrary to the decision of Congress,
that South Carolina has a republi-
can form of government and is en-
titled to exercise political power in
this Union, the same judicial tribu'
nal may also intervene and decide
tomorrow the very converse OF
that proposition in regard to Ohio,
If the Supreme Court Of the United
States can decide of one State that
it has a republican government, and
is entitled to exercise political pow
er in the Union, it may decide as to
all the residue of the States that
they Lave not republican gov
ernments, and are not entitled to
exercise political power,
Why, sir, that would put it in the
power of bare majority, as the
law now stands, of the Court to
pronounce final Judgment against
the life ofthis nation. The nations
life is under the shelter of the ma
tion's laws. The Supreme Court
can not touch that question. Sir,
whenever the Supreme Court dares
to interfere with that question, and
decide it against the declared decis-
ion of the Legislative power of the
nation, it lays violent hands upon
the very ark Of the covenant Of the
people, and ought to suffer instant
annihilation. Let that tribunal rec
ognize, without challenge as CON
elusive, the broad seal Of the State
of Ohio, when it comes there by
force of the act Of Congress, and
so of every other State in the I'm
ion.
Why, say gentlemen, this could
not apply to the original States. l
beg gentlemen's pardon; it does
for that same Court declares this
recognition of the existence of the
Constitution of every State Govern
ment in the Union is solemnly de-
clared by Congress every year in
the admission Of Representatives to
this floor. There is no room for
controversy about this question.
But it is further objected to the bill
that there is no grant in the Con-
stitution authorizing Congress to
vest in the General of the Army
power to detail officers of the army
as is therein provided. Permit me
to say that it is expressly provided
in the Constitution, as though to
meet this very emergency, that the
Congress shall have power to make
rules" that is, laws, "for the gov
ernment and regulation of the land
and naval forces" Why, said Mr..
Madison, it is the very essence OF
executive power faithfully to exc
cute the laws, and faithfully execute
the laws in the manner and form as
the laws prescribe for their execu-
ton. That there might be no mis-
take about it, that even the wayfar-
ing man might not err therein, the
makers of the Constitution used the
words in the instrument itself, that
the President who is vested with
the executive authority, shall take
care that the laws be faithfully exc
cuted, and that he shouldnot evade
in any manner the discharge Of this
high trust; they took care further
to provide that he should be bound
by oath-that adamantine chain
which binds the consciences of men
to the throne of eternal iustice-to
execute to the letter this requirement
of the Constitution, and faithfully
execute the laws.
Mr.. CARY rose.
Mr. BINGHAM. Lean not yield
now Let the President discharge
faithfully his duty, let him regard
the obligation of his official oath,
and all is well with the Republic
Gentlemen need not speak of the
law expressing anybody. No such
legislation is proposed. 1t was the
right of the victorious people of the
Republic to make inquest for blood
all over that land, which is ridged
with the graves of your unreturning
braves, and consign the guilty either
to the darkness of the grave, tc
sleep the sleep of death in felon''
tomb, or to go into returnless ban.
ishmont. AS one of theirreprescnt'
atives, l say it with pride and graft
tude, the people have otherwise de-
creed. That great and generous
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