Year: 1868

Mr.. MORTON. Mr.. President. if I
had not been referred to by my honor
able friend from Wisconsin, { Mr.. Doc
littlel in the debate yesterday, I should
not desire to speak on this qdestioB
especially at this time. I Tear that
shall not have the strength to say what
/ Wish to-


EssyIIIz---


The issue here day is the same that
prevails throughout the country, which
viii be the issue of this canvass, and
perhaps for years to come. To repeat
what have had occasion to say else
where, IL is between two paramount
ideas, each struggling for the sUprem-
acy. One is, that the war to suppress
the rebellion was right and just on our
part; that the rebels forfeited their civil
and political rights, and can only be
restored to them upon such conditions
as the nation may prescribe Tor. Its 1u-
ture safety and prosperity, The other
idea is that the rebellion was moi sinful,
but was right; that those engaged in il
forfeited no rights, civil or political,
and have a right to take charge Of their
State Governments, and be restored to
their representation IN Congress- lust as
if there had been no rebellion and uoth-
ing had occurred. The immediate issue
before the Senate now is between the



under the policy of the REesideutIof the
United States, in the rebel States, and
the plan Of reconstruction presented by
Congress. O.


When a surveyor first enters q new
territory he endeaVOrs to ascertain the
exact latitude and longitude Of a given
spot, and from that can safely begin his
survey; and so I viii ezIdeavOr T. ascer-
tain proposition in this debate upon
which both parties are agreed and start
from that proposition. That PROPOSE
ton is that at the end of the war. in the
spring of 1865, the rebel States were
without State Governments Of any kind.
at the beginning of the war had been
overturned by the rebels; the rebel State
Governments erected during the war
had been overturned by our armies,
and at the end of the war there were no
governments Of any kind existing in
those States. This fact was recognized
distinctly by the President Of the United
States, in his proclamation, under which
the work of reconstruction was com
meneed in North Carolina, in 1865, to
which beg leave to refer. The others
were mere copies of this proclal alton.
In that proclamation he Says


"And whereas, the rebellion which
has been waged by a portion of the peo-
pie of the United States against the





Government thereof, in the most YiO-
lent and revolving form, but whose or
ganized- and armed forces have now
been almost entirely overcome, has in
It's revolutionary progress deprived the
people of the State of North Carolina of
all civil government"


Here the President must be allowed
to speak for his party, and I shall re
cept this as a proposition agreed upon
cid Mt Of
war there were no governments Of any
kind existing in those States.


The fourth section of the fourth arti-
Gle Of the Constitution declares that
''the United States shall guarantee to
every State in this Union a republican
form of government" t." This provision
contains a vast, underlined power that
has never yet been ascertained-a great
supervisory power given to the United
States to enable them to keep the States
in their orbits, to preserve them from
anarchy, revolution and rebellion. The
measure Of power thus conferred upon
the Govern ment of the United States,
can only be determined by that which
is requisite to guarantee or maintain in
each State legal and republican form
of government. Whatever power, there
fore, may be necessary to enable the
Government of the United States thus to
maintain in each State a republican
form of government is conveyed by this
provision.


Now, Mr.. President, when the war
ended and these States were found
without governments of any kind, the
jurisdiction of the United States, under
this provision of the Constitution, at
once attached: the power to re-organize
State Govern mentS, to use the common
word, to reconstruct, to maintain and
guarantee republican State Govern
ments in those States, at once attached
under this provision. Upon this prop
OsitiOn there is also a concurrence OF
the two parties. The President has dis
tinctly recognized the application OF
this clause of the Constitution. He has
recognized the fact that its jurisdiction
attached when those States were found
without repu bliean State Govern ments,
and he himself claimed to act under
this clause of the Constitution. I will
read the preamble of the Presidents
proclamation


Whereas, the fourth section of the
fourth article of the Constitution of the
United States declares that the United
States shall guaranty to every State in
/ the Union a republican form Of govern
ment, and shall protect each Of them
/ against invasion and domestic ETolenesi
I I sssae WI laeasrrs55 tire PRESIDENT OF the
/ United States is by the Constitution
made Commander-in-Ch Chief fthe Army
I and Navy, as well as chief civil eXecu-
/ tive officer of the United States. and is
1 bound by solemn oath faithfully to ex-
/ ecute the Office of President Of the
/ United States, and to take care hat the
/ laws be faithfully executed and where
as, the rebellion which has been wageo
! by a portion of the people of the United
/ States against the properly constituted
/ authorities Of the Government thereo
in the most violent and revolving form
/ but whose organized and armed forces
have now been almost entirely over
come, has, inits revolutionary progress
deprived the people of the State o.
4 North Carolina OF all civil government
/ and, whereas, it becomes necessary anC
proper to carry out and enforce the OBJ
legations of the United States to thl
people of North Carolina in securing
them in the enjoyment of a republican


form of government


I read this, Mr.. President, for the pur
pose of showing that the President o


the United States, in his policy of re-
/ construction, started out with a distiuc
! recognition of the applicability of thi


clause OF the Constitution, and that b,


based his system of reconstruction up


on it. Il is true he recites in this proc


lamat1On that he is the COmmander-in


Chief Of the Army of the United States


Dut, at the same time, he puts his plaI


OF reconstruction, not upon the eXereisi


OF the military power which is called


to its aid, but on the execution of tn


guarantee provided by the clause of tn


Constitution to which have referred


He appoints a Governor for North Car


olina and for these other States, the Of


fee being civil in its character. but mil
] itary in its effects. This Governor ha


all the power of one of the Distric


Commanders, and, in fact, far create
power than was conferred upon Gen


Pope or Gen. Sheridan, or any Genera
! in command of a District, for il /


further provided;


'That the military commander Of th


department, and all officers and pel