Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-04-12
FIJI n CLAUSE.


The cases of Louisiana and South
Carolina both urn upon the iHterpre-
tation Of this clause. which is regarded
as the only hope which the down-trod-
den peoples of those States have of
procuring relief by Federal interposi-
ton. Yet there is no grant of power
in the Constitution so ill-defned. It
is giving trouble to the Radical party
and to Congress, whose action is await
ed with anxiety by the peoples so vital
ly interested. It is causing Congress
to hesitate, deliberate and reluct with
prodigious delicacy. We may for an
instant reflect that there was a time
when it did not suit Radical purposes
to be punctilious about the mean
ing of this clause. There was no hest
fancy to constrle it into a warrant to
wage war against the Southern States.
For a fact, it is cited by those Repub-
lican thinkers, who profess to have a
high sense of respect for law and order,
and who wish an excuse, as the pretext
for i~naugurating the late civil war. 1t
is common for some of them to felici-
tate the Government for having found
itself able to keep the States united, so
that it could enforce the guarantee
clause of the Constitution. The sacred
States might have become kingdoms
An extrordinrry explanation for an ag-
gressive war-which needs palliation.
The error of thoseself- justifying think
ers lies In the fact that they
look in the written constitution
only and ignore its history. To
drag back the fugitive States was
the first occasion the Federal Govern
ment ever had to exercise the guarantee
power. Surely we may not4ook to that
precedent to assist us in interpreting
the vexed clause. The next measure
for which the guarantee clause was
made a pretext was reconstruction. 1t
was not disguised that this measure
was the offspring of vindietiveness and
hate, rather than of a patriotic desire
to enforce the constitutional provision.
Fraternal Cancellation had not then
been thought of but by a few of
the more prudent, humane and consci-
entious, who only fell back from the
J van of revenge to follow with a sort of
stupid distrust for the protracted per-
secution. The inexorable logic of
events hurried on certain more
hardened leaders to still
greater lengths IN the unwise and i'm
polite domination. The conscience
naturally seeks intellectual justifca-
ton for passion-directed conduct, and
consequently the guarantee clause" is
a balm to cooled reeons tructionists.
But now hat the legitimate results
of that Tl-advised, hasty and vindic-
tive reconstruction threaten ruin to
two of our Commonwealth, the clause
which justified it is no good warrant to
interpose and avert the calamity. Rad
ical consideration for State rights is
getting most distinguished. 1t might
be a stretch of power to interpose. 1t
might be usurpatlon! We impugn the
motives of this tenderness, hut we
must commend the tenderness itself.
Strict construction of u constitutions
is yet the surest safeguard of free
dom. We would follow the advice Of
the great and free Junius, never to
permit our constitution to be violated
in the least particular without a siren
uous and determined effort to prevent.
But this great sentiment buoyed
an American Radicals breast. The
real trouble of the Radicals in respond
ing to the petitions for relief is easily
deserted in the absence Of hostility to
the Louisiana and Carolina admins
trations, which are part and parcel of
their party. Yet the dangerous prece-
dent of u~nwarrantably meddling with
State affairs would be in the last de-
gree ~deprecable. 1t is the exclusive
province of Congress to settle the
meaning of the guarantee clause; be-
cause it is a purely political affair. The
judiciary has no authoritative
co~gnizance of it. The res
possibility for a wise in
depreciation is the greater. The
moral obligation to carry out the in
tent of the constitution binds Congress
as rigidly as it does the bench. The
decision of Congress inthe cases before
it viii influence the disposal of like
cases in the future, should like cases
occur. These are the first of the kind
that will really be fit for precedents.
The main difficulty in constituting the
guarantee clause is to define the phrase,
republican form of government"
That is vague and is still admitted to
be underlined. What is republican
and what an anti-republican form ?
There are more of the one type than
there are States in the Union, and NEAR
ly as many of the other as there are
other governments in the world.
Where is the dividing line? That is
vet to berun and theland-marks placed.
In the inception we can be guided
only by reason and the volunteer Opin-
ions of a few eminent statesmen.
Judge Story said, and any n at all
familiar with the rise of the constitu-
ton will concur with him at once, that
the phrase, republican form of gov
erment," was employed primarily in
opposition to monarchy and aristocra-
cy. When the matchless federal sys-
TEN was terminating and springing up,
its Jealous husbandmen had a horror
of everything that ''squinted" toward
roonarcbv The aim WAS doubtless in