The Sun.
London, England, 1869-03-02 00:00:00

INDIA.

Great is the rejoicing in " society," says the Times of
India, at the auspicious opening of Lord Mayo's term of
government. Not only is his Excellency determined to
make himself acquainted with all the necessities of the
Indian Empire, not only is he indefatigable in getting up
sewers, irrigation works et hoc genus omne, " but. he has
also resolved that in every outward circumstance of impe-
rial power the viceregal dignity shall be faithfully upheld;
Ile has visited the opera iu state, and intends visiting the
theatre." His first levee as Viceroy was very numerously
attended. The gentlemen present occupied an hour and
a half in filing past. The emoluments of the Indian
Viceroyalty are not insignificant, but neither is the work.
Abundant falls of rain have greatly diminished the
prospect of serious scarcity in the north-west provinces,
and nobody seems to believe the alleged cause of the
deadly accident on the Great Indian Peninsula Railway.
A commission has been appointed to investigate the
matter.

THE CONS7ITUTIONAL AMENDMENT.

(From the Anglo-American Times.)

Last Saturday the House of Representatives
agreed by 140 votes against 33 to the Senate's
Constitutional Amendment prohibiting any distinc-

tion from being made with regard to the tsuffrage
on account either of race, colour, nativity, property,
education, or creed. The PRESIDENT doubtless
will veto the proposed amendment, but the majority
is so large that his veto will be over-ridden and the
question submitted to the States. 'The present
Congress has eagerly hurried this measure, in order
to submit it to the States Legislatures now in
session, hoping for its immediate ratification, push-
ing is expressly on these grounds, so it is prob-
able that we may have an early reply to the inte-
resting inquiry•—to be, or not to be. By every
means open to debate its enemies retarded action,
carrying the discussion through a whole night
to weary out the Senate, but in vain. Our Lon-
don contemporaries are not always correct on Ame-
rica, and the English, who go by their guidance,
are likely to fall into the ditch. The Pall Mall

Gazette on this amendment observes, " where the

blacks are allowed to vote it is generally under re-
strictions not placed upon the whites, as in the State
of New York, where a property qualification is ex-
acted. Such restrictions will stilt be lawful under
the new Constitutional Amendment, only negroes
must not be excluded from the franchise on the mere
ground of colour." Let any man, not an idiot, read
the amendment and read the Pall Mall's comment,
and learn whether that is the intention of the amend-
ment, or wholly to abolish such restrictions. Why,
" property" is expressly mentioned ! Can this paper
tell us, supposing the States agreed to the amendment,
how an individual State can hereafter restrict negro
suffrage ? Indeed, as it is aimed at depriving a State
of such power, if it does not, there must be a flaw in it.
The only loop-hole is closed by the previous or 11th
amendment, which defines citizens as persons born
in the United States or naturalized by a residence
fixed under Federal law, nor does it stop there, but
pronounces them to be not only citiz3us of the
United States, but of the State wherein they re-
side. Negro children born in the Republic are
citizens alike of the United States, and of that State
wherein they dwell. A Federal law could make
them United States citizens, but it could not im-
pose that citizenship on an individual State which
required a Constitutional Amendment, and this is
a difference our English readers ought not to over-
look. It is within the power of each State to re-
strict her Suffrage, and such laws might practically
nullify the object of the Federal Legislature, for
the citizen might be told that his citizenship of the
United States was recognized, at the same that it was
denied in theindividual State, which would practically
disfranchise him. This is met by the 14th Amend-
ment—the first words being " All persons born or
naturalized in the United States and subject to the
jurisdiction thereof are citizens of the United
States, and of the State wherein they reside. No
State shall make or enforce any law which shall
abridge the privileges or immunities of the citi •
zens of the United States." The naturalization
laws make the applicant a citizen after a continued
residence within the Republic for the five pre-
ceding years, the last being within the particular
State. Here, then, is the clear definition of a
citizen • one. born iu the States, or an applicant after
five years' residence, though a new bill on the sub-
ject has ',been introduced by Mr. JENCKES, and
others changing these provisions. It was still
within the power of a State to enforce re-
strictions already existing in the. suffrage. No
privilege or immunity is abridged in New York,
where a negro property qualification is in force
by continuing it in force, nor in not giving a
vote in a State where negroes never were permitted
to vote; but the present Amendment, if passed,
sweeps such restrictions away, and prevents their
renewal. Having defined citizenship by the pre-
vious amendment, that now proposed will, if passed,
enact—

"Art. 15th. No distinction shall be made in the United
States among the citizens of the United States in the
exercise of the elective franchise, or in regard to holding
office in any State, on account cf race, colour, nativity, pro-
perty, education, or creed."

This we take clearly to mean that all restrictions
shall be illegal, except, of course, criminality,
idiotcy, infancy, sex. For ins tan ce, Massachusetts has
enacted that no person is entitled to a vote, or is
eligib!e to office in that State, who is not able to
read the Constitution in the English language and
write his name. There is no discrimination of per-
sons in Massachusetts in this restriction, for a white
man who cannot comply is disfranchised, and a
negro who can is qualified. According to the
wording of the amendment, however, Massachusetts
will be unable to enforce such a restriction, for
although impartial in that State it imposes an
educational distinction in the United States among
citizens of the United States. But the amendment
dues not stop here, for the following is added :

"Art. 16. The second clause, first section second article
of the Constituticn of the United States, shall bo amended
to read as follows :

"Each State shall appoint, by a vote of the people thereof
qualified to vote for Representatives in Congress, a number
of electors equal to the whole number of Senators and Re-
presentatives to which the State may be entitled in the
Congress; but no Senator or Representative or porson
holding au office of trust or profit under the United states
shall be appointed au elector ; and that Congress shall
have power to prescribe the manner in which such elec-
tors shall ho chosen by the people."

This alters the Constitution, wherein it leaves to the
State fpgislature3 the manner of selecting tho Pre-
sidential electors. Even in the 13st election it was
the Legislature that voted in Florida, not the people,
and this was formerly the constant practice in South
Carolina. Now comes the question whether the
Stat:s will sanction the Amenchinnt, which we
doubt, as there are, combined with strong preju-
dices, sound reasons against it. It will strike any
intelligent person that prohibiting an e lueai Mind
rinalitication is a p!•t3 niwa to ignoiant.tt, phtc-
iag, as it: does, ignoranee oil a to el
ledge ; and if the majority be iguoraut the Go.