The Citizen´s Duty in the Present Crisis (Classic Reprint)
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| Partner: | buecher.de |
| Hersteller: | Forgotten Books (Spear, Samuel Thayer) |
| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from The Citizen´s Duty in the Present Crisis This ought to have been done at the Last session of Congress; and it ought now to be done at the earliest practicable moment. The President and those who support him hold this view. I do not adopt this doctrine; and if you will give me your candid attention, I will just as candidly state to you some of my reasons. First, I find in this theory what seems to me an improper assumption or executive power. - The rebel States, for whose immediate representation the demand is urged, have been reconstructed, if at all, exclusively under the authority of the President himself. He, and he only, has fixed the terms, without any legislation on the part of Congress to guide him. He did not consult Congress, but proceeded at once to solve the problem immediately after the Rebellion was crushed. The military part of the struggle was ended; and hence the President was not fighting battles, or adopting war measures for the purpose of conquest, but rather undertaking to reorganize civil society. What right then had he, upon his own authority, and merely as the Executive of law, to decide this whole question, and especially so to decide it as to bind the action of Congress? None whatever. General Dix, though he favors the President´s policy, nevertheless expressly concedes that his action was "not in pursuance of any constitutional power." I agree with this opinion. I am no lawyer, yet I can not for the life of me find the Presidents constitutional authority for his course of action. The Article of the Constitution referred to by the President as the basis of his action, reads thus: "The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and, on application of the Legislature, or of the Executive, (when the Legislature can not be convened,) against domestic violence. You will mark, "the United States" shall do this; and surely the President himself is not "the United States." The phrase evidently means the whole people, acting through the National Government, of which Congress is an indispensable branch. Louis XIV. once said, I am the State; yet the parallel of this doctrine in a modern President will not be acceptable to the American people. There is, moreover, a decision of the Supreme Court of the United States, rendered in a case growing out of the Dorr Rebellion in Rhode Island, which expressly declares that Congress must determine when a Republican government is organized in a State, and what is such a government. The Court says: "Under this Article of the Constitution it rests with Congress to decide which government is the established one; for as the United States guarantee to each State a republican government. Congress must necessarily determine what government is established in a State before it can decide whether it is republican. Undoubtedly a military government would not be a republican government, and it would be the duty of Congress to overthrow it." In this ruling of the Court it is distinctly implied that both the right and duty of action, as contemplated in this Article, are addressed to the Congress of the nation. And if this were sound doctrine in respect to the rebellion in Rhode Island, then surely it ought to be applied to the Great Rebellion which has just been suppressed. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
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