Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1870-05-13
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GUARANTEEING A REPUBLICAN, FORM OF
GOVERNMENT. Years ago lIittlrton Waller
Tazsweli prcdictc,! that this clause in the Con
stitution OF the L. s.. would one day or other
lie used for tbs destruction of the rights OF
the States, By the advocates Of consoiidaI-
cd central government. His prediction has
been verified. The ultra Radical leaders
Csome OF thcml are engaged in firing the
hearts OF their followers, Tor the most ex-
trene measures, making the guaranteeing
clause an excuse. Our attention has been
the following extract from a published address
issued in 1868. ty Mr.. b. II. Shack clford,
Of Fauquier couaty, ia which he ably examines
me matter, and which will be Interesting 20
al no have regard ior the preservation Of
II The rights that are Itf: to the STATE; r. the
legislation CT Congress -
"thc Constitution OF The tni;ed STATES SAYS
that the United States shall guarantee 10
very State in Tic taion Re2uhiic,n :crJ. OF
.:octrGMeut.
y bat is the legal meaning ard effect cf u
suarautec? Il it not ~ perform some act Of 20
d.s.h%r"c some Gpty which another has III
der;aArn 20 pertorm or discharsc in case that
other should fail 20 d i: and ths: i to be
zone upon the demand q t5e party for whose
benetis tn, original obligation vas made? If
this Is SO, aud 1t clnnot BE- denied, then there
must be breach OF the obligation or Il failure
TO discharge the du:r teioce the guarantor
can be sclled Oh to ac:. Ii the original
parties to the contrsc: arr satisfied, then
there is no breach or failure, a:.d The cueran.
tor cannot act.
lie viii Eot be called or 70 act when the bcni
hclary Of tie contract Is satisfied wi'i the per
toTmaGcn ard makes compliant OF 4 breach
and 20 demand uron the guarantee. I;iG ri ght
70 canstrue ard control the Instrument OF o1-
cation is in the hands O! the rar;ies to it, aud
if one performs and the o:her is satisfied no
uiy or obligation can be fixed or asserted by
the gua-4ntcr. II y gives bis ro;e to Is for Il
sum Of moocy, and y guarantees the ray!nent
Jt il, cannot &c caied cn to ac uatlt \ tats |
% pay IL is the duty aud right Of A TO make |
paymcat--it is his obligation, and nos the OF |
Egatlou OF Z, the guara7tor. Ii 4 makes sat
istac;o-v payment 70 =, can ioterposc sad |
s;v il IS )c salistac,or7? Caa nc take c,ntrol
1l the paper, convert 1t from note into bond,
Or deed Of trust. or discharge i il such Inauner
40 he shall think proper and hold A, the maker
. the note: aud q breach car only be complain
ed Of bv i the paycr or beneficiary. they
be satisfied. the guarantor has Ee!thcr right
nor du;y TO interpose. Ii, however, the ob-
l;gation be not DISCHARGED, then the law gives
The ri .ht and imposes the duty upon the maker
or obIigor &c pcr:orm and discharge his note
u obligation ; and uati he has that oppor anl-
y there Gao he 10 breach OF the Contract.
Now let lis apply thes, prineip!'s to this
guarantee.
The Uni:cd States guarantee to every
State reput!icar torm Of eoTtrGmfut. Ih's
is a suaran,c ce to the naur!c OF the State, Je
cause the people constitute the State. Inc
obligation then rcs's on the peopie OF the o'at"'
and - TO be DISCHARGED to themselves. 1t they
have rerinrlnet the obligation to themselves
by establishing republican TORN o. govern-
uent the guarantor cannot interfere. II they
are satisfied with the Government, and 1t Is re-
nublic?n. it matters not what particular form Is
a,:opted, no obligation can arise on tne gu ran
tee. Ifa factioGs minority overthrow the re
publican form o. government aud es'apnsh
monarchy or arisrotracy, 50 that lnc pto"e
are deprivcd OF their government ana are Ut
able 70 discharge the duty AMI Obligation VI
having Z reintlican firm ct government. iacn
thc right aud duSy would devosV2 upon the
susrautcr 10 drive .E Guu cGpcl lne usurpcrs,
and whe9 that is done 10 give the people an
npoortuni,y of performing the original onll2s
ton and duty of estabIishlas a renn ican t1tlu
Of government Tor themselves. Were It oiheT-
wise, then this guarantee cause is construction
would lie complete casslon G! al! State powers
~ coTcrnment from the icop!c OF the States t2
the general government so that the people,
although satisfied with their government, would
no liable 20 have u taken a~sy from them or
though ready and willing - renew or restore
their government in case OF temporary lrs'
hy faction or usurration, would TIC subjected 10
the absolute control the imperial mandate or
the suarantor without regard to the wishes ct
the people. Instead OF securing rcpuhicaA
bcrty it wou.d DC the complete Genla! OF 1t, and
would be but the exchange Q! Coo usurfcr iar
another.
Now the pcope ri the States maue this com
nact of government, called the CoHsutNt'on VI
The United States. In It they inserted t"!'
special guarantee contr9c0 % t:'S' '">
ri"hts and not cede them away. It vas It
nrnserve this very right to make and contro
heir State governments that the F,dera' asen
cy was empowered to act in certain e"rtlns'i'
cos 10 drive away the u>urrcr and te>'"re e
the people the r!sHt ,':as ln'crrup,'a to uas Ak
tho;r own government. The direct object wa
20 place the then. existing STATE e"vtrnmen; .;
Individually under the protection OF the who'
through the Federal power, IN order to p5esa;rIS ;r
,be State governments as they then stood. fh
uuarantee was to ,ho people o. the State, [
The government OF The Stare as We'll G as tee rr, rs
nmbjican form OF that government. ihe form
Of the State governments then exs;'og were
course republican and as long as they iesa'ut
those forms or substituted others DO less ispu,
- a. .ho;r will md Measure, the oOmMo