Year: 1868

so.s shsten''eiso po pssSeo, suthorlzing the


Recognising that state of war shall be
regarded as continuing until 1t shall be
declared no longer to exist by the Presi-
dent, in virtue of all act OF Congress to be
hereafter passed. i am glad to find by
looking st the vote that the distinguished
Senator from Maryland Mr.. johnson
voted for this proposition, and thus re-
cognized the doctrine for which / am
now contending; that the power to exc
cute the guarantee is vested in Congress
alone, and that 1t is for Congress alone to
determine the status and condition of
those States, and that the President has
no power to proclaim peace or to declare
the political condition of those States until
he shall first have been thereunto author
lied by an act Of Congress.


l therefore, Mr.. President, take the
proposition as conclusively established,
both by reason and authority, that this
clause ofthe Constitution can be executed
only by Congress; and taking that to be es-
tablished, i now proceed TO consider what
are the powers of Congress in the execu-
ton Of the guarantee, how ii shall be exc
cuted, and what means shall be employ
ed for that purpose. The Constitution
does not define the means. 1t does not
say how the guarantee shall he executed.
All that is left to the determination OF
Congress. AS to the particular character
of the means that must be employed, that,
l 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 guarantee
ing a loyal republican form of govern
ment in each State. / use the word
"loyal" although it is not used in the
Constitution, because loyalty is an inher-
ing qualification, not only in regard to
persons who are to fill public offices, but
in regard to State Governments, and we
have no right to recognize q State Gov
ernment that is not loyal to the Govern
ment of the United States. Now, sir, a.
to the use of means that are not prescribed
in the Constitution, / call the attention
OF the Senate to the eighteenth clause of
section eight of the first article Of the
Constitution of the United States, which
declares that:


"The Congress shall have power TO make all
carrying into execution the foregoing powers
and all other powers vested by this Constitution
in the Government OF the United States or any
department or officer thereof"


Here is a declaration of what would
otherwise be a general principle anyhow,
that Congress shall have the power to
pass all laws necessary to carry into exc
cution all powers that are vested in the
Government under the Constitution. AS
Congress has the power to guaranty OF
maintain u loyal republican government
in each State, it has the right to use what.
ever means may be necessary for that


purpose. AS before remarked, the char.
acter of the means will depend upon the
character of the case. In one case it may


be the use of an army; in another case
perhaps 1t may be simply presenting q
question to the courts, and having it test.
ed In that way; in another case it may
go to the very foundation Of the Govern.


ment itself. And / now PROFOUND this


proposition: that if Congress, after delib-
GRAFTON, after Tong and bloody experience,
shall come to the conclusion that loyal RS
publican State governments cannot be
erected and maintained IN the rebel States
upon the basis of tie acI.ite population, ii
has q right to raise up and make uOteys OF
u class of men phO had no right to rOte
under the State id,Us This il simply the
use of the necessary means in the execu-
ton of the guarantee. FIVE have found
after repeated trials that loyal republican
State governments, governments that
shall answer the purpose that such gov
ernments are intended to answer, cannot
be successfully founded upon the basis of
the white population, because the great
majority OF that population are disloyal,
then Congress has right to raise up a
new loyal voting population for the pur-
pose of establishing these governments
in the execution of the guarantee.
think, sir, this proposition is so clear that
it is not necessary to elaborate it. We
are not required to find in the Constitu-
tion particular grant of power for this
purpose but we find q general grant of
power, and we find also another grant of
power authorizing us to use whatever
means may be necessary to execute the
first; and we find that the Supreme
Court of the United States has said that
the Judgement of Congress upon this
question shall be conclusive, that it can
not be reviewed blythe courts, that it is a
purely political matter; and therefore the
determination Of Congress, hdtroisingal,
cotorcd men to the ,fght Of suffrage as a
means necessary to the execution OF that
poWer, is a determination sOI,ich cannot be
reuie,Ocd 6y The courts, and is cOnclusive
upon the people Of this country.


The President of the United States, as
suming that he had the power to execute
this guaranty, and basing his proclama-
ton upon it, went forward in the work of
reconstruction. 1t was so announced, il
not by himself at least formally by the
Secretary of State, Mr.. Seward-that the
governments which he would erect dur
ing the vacation of Congress were to be
erected as provisional only, that his plan
of reconstruction and the work that wa
to be done under it would be subm lite
to Congress orits approval or disappr ova
at the next session. Ifthe President had
adhered to that determination believe
that all would have been well, and that
the present state of things would not ex-
ist. But, sir, \the Executive undertook
finally to execute The guarantee himself
without the cooperation of Congress-
He appointed Provisional Governors,
giving to them unlimited power until
sucn time as the new State governments
should be erected. He. prescribed in his
proclamation who should exercise the
right of suffrage in the election of dele
gates. And allow me for one moment to
refer to that. He says in his proclama-
tien: aH


shall be eligibls member OF such convention,
unless he shall have previously taken aud SUBJ
Presidents proclamation OF May 70, A. D. 1855
which was issued on the same day and
was part of the same transaction-


"And is a voter qualified as prescribed by the
and lays of the state Of North Caro-
lima in force Immediately bsfore the 10th day of
May, A.. ID. 1851"


The persons having the right to vote
must have the right to vote by the laws
of the State, and must, i'm addition to
that, have taken the cath of amnesty
The President disfranchised In voting for
delegates to the conventions from two
hundred and fifty thousand to three hun
1ra iaf mr. ion