The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1870-04-25
SENATOR MORTON.
Speech Against Ihe Bingham
Amendment.
Democratic Conspiracy 10 Defeat
RecOnstruotion.

States Senate, on the I4th INST:
Mr.. President, this is the anniversary
of the assassination of Mr.. Lincoln.
Five years ago to-day he fell by the
hands of an assassin, perhaps. the orig
inal Kuklux, whose evil example Is
now being initiated in various States
in the South, producing condition
of things which imperatively demands
the consideration Of the Senate and
the country. But, Mr.. President,
there are some preliminary matters
which | must first dispose of before
proceeding to the discussion OF the
main subject.
The main issue upon the Georgia
bill now is what is called the Bing-I
ham amendment-a provision, the
principal feature of which is to re-.
duire that the election for members
of the Legislature In Georgia shall
take place this coming fall. The
other provisions in the bill were con-
tame a in the bills for the admission
of Virginia, Mississippi and Texas,
aud l had supposed were notreally IN
discussion until the distinguished
Senator from Wisconsin (Mr. Carpen-
teri the other day chose TO argue the
question all over.
This Bin9ham amendment, requir-
ing an election next fall, is favored
upon several grounds, which are In
direct conflict with each other. The
first ground is that the Georgia con-
stitntion requires that the election
shall take place next fall. Those who
support the amendment upon that
ground seem to be unconscious that
they arc advocating a power in Con-
gross more dangerous to what are
called State rights than those who
claim to support the other provisions
of the bill under what is called the
guarantee clause. They assume that
Congress has right in advance to
give CONSTRUCTION to the constitution
of a State, aud to provide in advance
that the Legislature Of O State, after
it shall have been admitted, after the
State government shall be in full
operation. shall not do particular
act. This position assumes, on the
part of Congress, n supreme judicial
character to construe in advance a
State constitution, and to provide BY
law that the State government, after
the falladmission of the State, shall
not give that constitution different
construction. lf isa
leaders of the Democratic party sus-
tain this constitutional position. mas
mush as it is more destructive to
State rights than any other but il
proves that the ultra advocates Of
State rights are willing to tolerate an
aggression on the part of Congress-
when that aggression threatens to be
In favor of the Democratic party in
stead o. being infayor Of the Unions
party. swe'G8lg
Now, Mr.. President, there are those
who assume that under the Georgia
constitution the Legislature have a
right to put off the election one, two,
or three years, and that IN conse-
quence of that, it is the duty, and
Congress has the power to interfere
to prevent the Legislature of Georgia
from exercising a power which they
coneede it possesses; but they involve
themselves In this contradiction !;
they insist that Congress has the pow
err to override the constitution of
Georgia so far as to require the cleo
ton to be held next Fall. and thus
promptly put the State into the hands
of the rebels. but has no power to
require an election TO be held two
years hence, to give loyal State gov
ernment in the meantime the power
to reorganize and regenerate the
State, aud secure protection to the
loyal men of that State. 3enp
Twill not, upon this occasion, 90
over the argument have made here
tofore on the Georgia question. |
have argued heretofore that there
was no legal Legislature until the
present one was organized in the
month of Japuary last, and that, con-
sequently, tie legislative term began
from the time of the, first legal organ.
ization, and the members had two
years from that time. K have argued
further, that whether this was so or
not, Congress in the exercise Of its
supreme power of reconstruction had
the right, in view of the public ne
eessities, or of general convenience,
to fix the time when the term of the
State officers should begin, or, in 9TH
er words, to fix the date when the
new State government should take its
start.
/ want to say right here that the
Bingham Amendment, SO called, land
IL bears the name of a distinguished
and honored Republican,, but that
does not change Its character it Is
In the interest of the Democratic
party, is against the Union party
ia the South and throughout the
country, and that it il is SD universally
understood by the Union men in
Georgia and By the. re bells in Georgia.
The Democratic party in the entire
South, and so far as | know in the
entire country, support the Bingham
amendment unanimously The Be-
publican party in Georgia, otherwise
called the Union party, the loyal
party, oppose the Bingham amend
ment unanimously3ai1 believe the
entire Republican'party oft South, /
who understand the situation better
than we do In the North, oppose the
Bingham amendment.
1t may be said this is not very
good argument. l think there Is
something in it. l think it Is worth 1
a good many Of the fine drawn. verv
technical, constitutional scruples thar
have been brought forward in this
case; and l must say that these fine |
constitutional scruples, somewhat re-
markably and unfortunately, all result |
In favor of the Democratic party of
the South, and against the Union |
men Of the South. In a doubtful |
question, If there were doubts hang
ing around 1T, those doubts ought to I
be resolved in favor of the unanimous /
opinion OF the Union party OF the
South.