Again I use strong language; but only in this way can I picture the enormity which is now proposed. Among national obligations which cannot be declined or postponed, and which rest primarily on Congress, is the duty of protecting Reconstruction. Show that Reconstruction is in peril, and you must act. Now that it is in peril there can be no question. Concurring testimony from opposite quarters, public acts, and open menace, all attest the condition of Georgia. Others in this debate have entered into details. I give you the irresistible, unanswerable conclusion.
And here occurs the Bingham Amendment, which, however intended, is only an engine of Rebel power. This is its true character, and nothing else. Howsoever it may seem, it must be regarded in its consequences. We must look from the word to the thing. It is not enough to see how it reads; we must see how it works. According to its text, the present Legislature, whose natural existence has been changed by wrongful addition and wrongful subtraction proceeding directly from the old Rebellion, is terminated at a specified day in the coming autumn, and a new election is ordered, without taking into consideration the past or the future,—without considering that thus far it has sat as a provisional Legislature only, although chosen to sit under the State Constitution,—without considering how it has been despoiled of its legislative character and just rights by hostile influence, and how a new election will be a direct appeal to this same hostile influence, giving to it a letter of license and unloosing the Ku-Klux-Klan. The Bingham Amendment is in few words, but they are words of despair to the loyal men of Georgia, and words of cheer to the disloyal.
I have listened to the arguments in its favor. Do I mistake, when I say that they all resolve themselves into technicality? At one moment we have allegations of “irregularity,” and at another of “estoppel”; and such technicalities play their part, while the good people of Georgia are sacrificed. We are estopped, so it is said, by the Act of December 22, 1869, which, failing to provide for the re-performance of certain conditions-precedent, recognized the validity of the legislative acts by which they had been performed. Very well,—suppose the legislative acts are recognized as valid, what then? Because the ratification of the Constitutional Amendments is recognized, does it follow that Congress is thereby “estopped”—such is the word—in completing the work of Reconstruction? I cannot comprehend this reasoning. It would be of value in a county court, but it is out of place in the Senate of the United States, on a question of Reconstruction. To my mind, all this is a matter of supreme indifference. The powers of Congress are above any such incident, and nothing has occurred to impair them in any way. They exist now as at the beginning, awaiting the discretion of Congress.
Do you ask where these powers are found? Of course, in the two Constitutional Amendments already proclaimed,—being ample sources, if none others existed. Out of these Congress is authorized to do all that is needed to enforce Emancipation and to protect the rights of the citizen. This is plain, very plain.
But there are three other sources, each of which is overflowing. The first is from the necessity of the case, ex necessitate rei. This is one of the grounds on which Chief-Justice Marshall asserted the power of Congress over the Territories;[7] but it is equally applicable in the work of Reconstruction. From the necessity of the case this power must be in Congress, as without it Reconstruction could not be completed. You must renounce Reconstruction or recognize this power.
Then comes the “guaranty” clause, which is another bountiful, all-sufficient fountain. The United States are to guaranty a republican form of government to the States. But this guaranty can be executed only through Congress. This clause is at once old and new. It is old as the Constitution itself, but it is new in its practical exercise. And the reason is obvious. So long as Slavery prevailed, this mighty power slept; but it was the sleep of a giant. At last it has awaked, never again to sleep or slumber. From this time forward the duty of the nation to guaranty a republican government to all its parts will be constant and ever-present; and this duty is reinforced by all needful powers. The guaranty is continuing and perpetual, and it must be executed at all hazards. In its execution Congress must fix the definition of a republican government. How often have I said this!—but I shall not fail to repeat it so long as the occasion requires. To Congress belongs the duty of determining what is a republican government, and then it must see that such a government prevails in every State.
If in any State the existing government fails according to the just standard, or if it is in any way menaced, then must Congress interfere to execute the sleepless guaranty. And in this interference it may act according to its discretion, determining the occasion and the “means” to be employed. It may act by repression or by precaution, and it may select any “means” proper for the purpose. To say that it may not act by precaution as well as by repression is contrary to reason, and I may say to common sense. Whatever may be done by repression may be done by precaution also. Such is the experience of life in other things, and this obligation of guaranty is subject to the universal law. In the selection of “means” the whole field and the whole arsenal are at its command. Not an instrument, not a weapon, proper for the purpose, which it may not grasp. Here the language of Chief-Justice Marshall, so often quoted, harmonizes with the claim of power which I now make:—
“The Government which has a right to do an act, and has imposed on it the duty of performing that act, must, according to the dictates of reason, be allowed to select the means; and those who contend that it may not select any appropriate means, that one particular mode of effecting the object is excepted, take upon themselves the burden of establishing that exception.”[8]
In our recent debates able Senators have denied everything. They will not concede the “means”; and they even ignore this great clause, which, as Cicero said of the ancient Senatusconsultum, has rested so long like a sword in its scabbard.[9] But there it is. Senators may ignore it; they may not see it; but there it is in the Constitution. In attempting to belittle this clause Senators only show how little they appreciate the lofty unity of the Republic. Other clauses are important in the machinery of government; but this guaranty makes the Republic one and indivisible, being One out of Many, and places the rights of all under the protecting power of the nation.