Year: 1868

OSlLlOn may De ldld GOWN JnaJ ii the power
is in the Government of the United States
at all, and is not conferred by express
words upon the President or some other
officer of the Government, then it is surely
vested in Congress; because the Constitu-
ton provides that Congress shall have
the power to make all laws necessary and
proper to carry into execution the powers
conferred upon Congress and all other
powers conferred upon the United States,
or any other department or officer thereof;
consequently, if the power of framing
these State governments reposes in the
general Government, and not in the peo-
pie of Georgia, and, as it is conceded,
every man can settle the question for him
self by thirty minutes reading, that the
Constitution does not locate this power in
the President, or any other specific Off
GERS or in the Courts, then it follows
necessarily that this power of the Govern
ment is to be exercised through the power
of Congress, to make laws to carry that
power into execution.


But do not propose to rest here upon


this mere general proposition, although it
is entirely conclusive. There are other
provisions of the Constitution, and other
distinct grounds upon which this power


may be safely rested.


The Constitution provides that Congress
may admit "new States" Not what is
the meaning of admitting "new State
and what is State, to be admitted |?
| Half the confusion that the public labor


under, regarding this subject, has arisen
| from the fact that the word State,' in
| the Constitution is used with various


meanings. Sometimes it is used in geo.
graphical sense, and sometimes in politi-
cal sense. For instance, when the Constitu-
| ton provides that any man who commits
crime shall be tried in the Estate ,"
where it was committed, it means a geo.
graphical State, called the State of New
York, or of Georgia, &C. When it says


a State may be party toany suit in the
Supreme Court of the United States, it


means a estate Government" or corpo-
ration which is created for that purpose.
Take, for instance, Illinois. In a geo.
graphical sense, Illinois was always in the
Union; her soil was always Federal do
| minion; her people were always citizens
of the United States. But the State of
Illinois, which was admitted into the
Union by an act of Congress, means the
corporation or State Government which


was organized by the people for that pur-
pose.


Therefore, when the Constitution says
that Congress shall provide for the admis-
sion of " new States" it means "new State
Governments"


The Democrats say, @ This is conceded,
but Georgia is not new State. Georgia


was one of the original thirteen, one of
the old States, and clearly that provision


of the Constitution does not apply to your


case" e..
DIT fri r how al odTyc III that


to admit State means to admit a State


Government, and when the rebels of the


South destroyed the State Government


which had been in the Union, and put in


it's place rebel State Government which


never was in the Union, and when the


armies of the United States swept away


and left Georgia without any Government


whatever, then, when government shall
be organized there, to be admitted again
into the Union, and to be restored to the
Federal rights, that government thus
formed is a new government, as much SO as


though the people of Georgia had never
had government whatever. What differ
ence can it make, for instance, with this
power of Congress to admit a State Gov


ernment, and to frame a government,
whether the people who aret to be admitted
have once had government which they
have destroyed, or whether they never had
a government?


For instance, we have, west of the Rocky


Mountains, so many square miles of terri


tory, and so many citizens of the United


States, born in the country. We say,


"Those people are our people; tnat soil


is our soil, and they are entitled to our


protection" The Government of the


United States establishes a Territorial


Government there and protects them un-


til such time as they come to a proper con-


dition to be admitted as a State, in full


communion, into the Union.


Now, that power and jurisdiction OF


Congress to do this thing grows out OF this


fact, simply-that if our citizens are


dwelling in compact community, upon


of no consequence how that state of things


is brought about-whether it is because


they moved there and had never had


government, or because they have been


there and once had government and des-


troyed it) if they are our people, dwelling


upon our territory, and have no govern


ment, the United States is bound toput


civil government there.


Suppose, for the sake of argument, that


we admit what the Democrats claim, that


Georgia never was out of the Union, and


that her territory and people remainingin


the Union-as we conceded they always


did, because they could not get out-that


therefore she is to be regarded as a State


of the Union The Constitution provides


that the United states shall guarantee to


every State republican form of govern
ment. Now, if Georgia was not State
of the Union she was State without any
government whatever, consequently she
had no republican form of State Govern
ment, and Congress was called upon in its
capacity of legislating and executing that
power to take the proper steps to put q
republican form of State Government in
| Georgia. This guarantee of the COnstitu-
| ton was intended to secure to the Union
| republican State Government for such
State, without reference to the wishes of
the people of particular State. If New
| York, for instance, tomorrow should call


convention, and change her form OF


government from republican to mon


arcbical government, it would be the duty
| of Congress to interfere, because the Con-
| stitution makes it the duty of the United
States to see to it that there is a republican
| form of government for them in New York;
and if She should call a convention to
abolish the form of government, and re-
| solve herself back into her original con-
dition, so much soil, and so many people
without any government whatever, Con-
| gress in this case, would be compelled to
| take particular steps to put State Gov
| ernmert there for the State Of New York,


because the Constitution has imposed this
L kI1<.n nx1 ont and