Among the defects which he remarked in the old Confederation was what he called “want of guaranty to the States of their constitutions and laws against internal violence.” In showing why this guaranty was needed, he says, that, “according to republican theory, right and power, being both vested in the majority, are held to be synonymous; according to fact and experience, a minority may, in an appeal to force, be an overmatch for the majority”; and he then adds, in words of wonderful prescience, “where Slavery exists the republican theory becomes still more fallacious.” This was written in April, 1787, before the meeting of the Convention that formed the National Constitution. But here we have the origin of the very clause in question. The danger which this statesman foresaw is now upon us. When a State fails to maintain a republican government with officers sworn according to the requirements of the Constitution, it ceases to be a constitutional State. The very case contemplated by the Constitution has arrived, and the National Government is invested with plenary powers, whether of peace or war. There is nothing in the storehouse of peace, and there is nothing in the arsenal of war, which it may not employ in the maintenance of this solemn guaranty, and in the extension of that protection against invasion to which it is pledged. But this extraordinary power carries with it a corresponding duty. Whatever shows itself dangerous to a republican form of government must be removed without delay or hesitation; and if the evil be Slavery, our action will be bolder when it is known that the danger was foreseen.
In reviewing these three sources of power, I know not which is most complete. Either would be ample alone; but the three together are three times ample. Thus, out of this triple fountain, or, if you please, by this triple cord, do I vindicate the power of Congress over the vacated Rebel States.
But there are yet other words of the Constitution which cannot be forgotten: “New States may be admitted by the Congress into this Union.” Assuming that the Rebel States are no longer de facto States of this Union, but that the territory occupied by them is within the jurisdiction of Congress, then these words become completely applicable. It will be for Congress, in such way as it shall think best, to regulate the return of these States to the Union, whether in time or manner. No special form is prescribed. But the vital act must proceed from Congress. And here again is another testimony to that Congressional power which, under the Constitution, will restore the Republic.