The Southwestern Historical Quarterly, Volume 19, July 1915 - April, 1916 Page: 23
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Texas v. White
ately occasioned by a message of President Lincoln's which had
been submitted during the previous month. A part of the mes-
sage was devoted to a statement of reasons for the reorganization
and restoration of those States from which the Confederate forces
had been expelled to their normal relations with the national gov-
ernment. The procedure for this had been announced in his proc-
lamation of amnesty and reconstruction of the same day, Decem-
ber 8, 1863, on which the message was sent to Congress. One
basis for his action was the guaranty clause, and it was appealed
to as justification for protecting the loyalist element of Louisiana
and Arkansas. "This section of the Constitution contemplates a
case wherein the element within a State favorable to republican
government in the Union may be too feeble for an opposite and
hostile element external to, or even within, the State; and such
are precisely the cases with which we are now dealing."30 This
statement referred to the constitutional provision for the protec-
tion of the State against invasion and domestic violence. The re-
sult of the message was the bill already mentioned. In reference
to the guaranty clause, Davis, speaking for the bill, remarked,"3
That clause vests in the Congress of the United States a plenary,
supreme, and unlimited political jurisdiction, paramount over
courts, subject only to the people of the United States, embracing
within its scope every legislative measure necessary and proper
to make it effectual; and what is necessary and proper, the Con-
stitution refers, in the first place, to our judgment, subject to no
revision but that of the people. It recognizes no other tribunal.
It recognizes the judgment of no court. It refers to no authority
except the will of the majority of Congress, and of the people on
the judgment, if any appeal from it.
He contended that there could be no republican government in
the State which refuses to obey the Constitution, or in that State
whose government the President and the Congress of the United
States do not, on their part, recognize as legal. Since the South-
ern States were not so recognized by Congress, and had no repub-
lican governments, it was the imperative duty of Congress to sup-
ply them with such. Congress could organize a government, in
8"Nicolay and Hay (editors), Lincoln's Works, II, 454-455; McCarthy,
Lincoln's Plan of Reconstruction, 225 et seq.
sCongressional Globe, appendix, part IV, 1 Sess., 38th Cong., p. 82 et seq.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 19, July 1915 - April, 1916, periodical, 1916; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101067/m1/31/: accessed May 27, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.