Year: 1868

,DAY MORNING, FEBRU
necessary reading of the Constitu-
tion is confirmed by the highest ju-l ]
dicial authority which we have.


Mr. Johnson-Do you read from
the opinion delivered by the Chief
Justice.


Mr.. Morton-Yes, sir; the opin-
ion delivered by Chief Justice Taney.
He decides that this power is not
judicial; that it is one of the high
powers conferred upon Congress
that it is not subject to be reviewed
by the Supreme Court, because it is
political in its nature. 1t is dis
tinct enunciation of the doctrine
that this guarantee is not to be exc
cuted by the President or by the
Supreme Court, but by the Congress
of the United States, in the form of
a law to be passed by that body and
to be submitted to the President
for his approval; and should he
disapprove it, it may become a law
by being passed by two thirds ma
jerity over his head.


Now, I will call the attention of
my friend from Wisconsin to some
other authority. AS he has been
pleased so refer to former speech
of mine to show that I am not
quite consistent, I will refer to a
vote given by him in1S64 on a very
important provision. On the 1st of
July, 1864, the Senate having under
consideration, as in Committee of
the Whole, ''a bill to guarantee to
certain States whose Governments
have been usurped or overthrown a
republican form Of government" )"
Mr., Brown. of Missuri, offered an
amendment to strike out all of the
bill after the enacting clause and to
insert substitute, which I will ask
the Secretary to read.


The Secretary read as follows:


sThat when the inhabitants of any State
have been declared in state of insurrection
the President. by force and virtue of the act
entitled AN act further to provide for the col
poses,' approved July 13, 1861. they shall be.
and are hereby declared to be- jncap able Of
casting any vote for electors of President or
Vice President of the United States, or of elect
ing Senators or Representatives in Congress
until said insurrection in said State is sup
pressed or abandoned, and said inhabitants
have returned to their obedience to the Gov
ernment of the United States, and until such
return to obedience shall be declared by
proclamation Of the President. issued by yir-
tue of an act of Congress hereafter to be ~ el
authorizing the same.'


Mr. Morton-The honorable Sen
ator from Wisconsin voted for that
in Committee Of the Whole, and on
its final passage. I call attention
to the conclusion of the amendment,
which declares that they shall be


Incapable of casting any vote for electors
of President or Vice President of the United
States. or of electing Senators or Representa-
tives in Congress, until said insurrection in
said State is suppressed or abandoned, and
sid inhabitants have returned to their ODE
dience to the Government Of the United States
and until such return and obedience shall he
declared by proclamation of the President. is
sued by virtue of an act of Congress hereafter
to be passed, authorizing the same.''


Recognizing that state Of war
shall be regarded as continuing un-
til it shall be declared no longer to
exist by the President. in virtue OF
an act of Congress to be hereafter
passed. am glad to find, by look
ing at the vote, that the distinguish,
ed Senator from Maryland Mr.
Johnson] voted for this PROPOSE
ton, and thus recognized the doc
trine for which l am now contend.
ing that the power to execute the
guarantee is vested in Congress
alone. and that it is for Congress
alone to determine the status ano
condition of those States, and thai
the President has no power to pro
claim peace or to declare the polit
ical condition of those States unit
he shall first have been thereuntc
authorized by an act Of Congress.
I therefore, Mr.. President, take
the proposition as conclusively es
tablished, both by reason and au
thority, that this clause Of the Con.
stitution can be executed only by
Congress; and taking that as estab
lished, now proceed to consider
what are the powers Of Congress il
the execution of the guarantee, how
it shall he executed, and what means
may be employed for that purpose
The Constitution does not define
the means. 1t does not say how the
guarantee shall be executed. AL
that is left to the determination Of
Congress. AS to the particular
character Of the means that must be
employed, that, take it, will de
pend upon the peculiar circumstan
ces of each case and the extent O
power will depend upon the othel
question as to what may be required
for the purpose of maintaining o.
guaranteeing a loyal republican
form of government in each State
1 use the word ''loyal," although il
is not used in the Constitution, be
cause loyalty is an inhering quail
fication, not only in regard to per
sons who are to fill public Offices
but in regard to State governments
and we have no right to recognize {
State government that is not loya
to the government of the Unitet
States. Now, sir, as to th'
use of means that are no
prescribed in the Constitution,
call the attention of the Senate tt
the eighteenth clause of section
eight of the first article of the Con
stitution of the United States, which
declares that


''The Congress shall have power to make al
laws which shall be necessary and proper fO
| CARRYING into execution the foregoing power
and all other powers vested by this Constitu
| tion in the Government of the United States @
any department or officer thereof


Here is a declaration of wha
would otherwise be a general prin