The Sun.
London, England, 1869-03-24 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, MARCH 24, 1869

THE CONSTITUTIONAL AMENDMENT.

(From the Avlo -American Times.)
The proposed Fifteenth Constitutional Amend-

ment was introduced into the House of Representa-
tives by Mr. BOUTWELL, of Massachusetts, after the
re-assemblyof Congressin January, and in this form
was passed by 150 yeas to 42 nays. " Art.—, Sec.
1. The right of any citizen of the United States to
vote shall not be denied or abridged by the United

States, or any State, by reason of race or colour,
or previous condition of slavery, of any citizen or
class of citizens of the United States, Sec. 2. The

Congress shall have power to enforce by appropriate
legislation the provisions of this Article." On reach-
ing the Senate it became the subject of a severe strug-
gle, that body being more Republican than the Re-
presentatives. Mr. NVILsoN offered an amendment
to protect the rights of the coloured people to hold
office, and it was further amended so as to read as
telegraphed to this country, the change being after
the word " colour," to "nativity, education ,property,

or creed." Tacked to it also was an amendment
altering the manner of appointing Preiidential elec-
tors, taking the control from the State Legislatures,
and deciding the election by a popular vote. The
Democrats rather favoured these alterations, as

hey expected they would insure the defeat of the

Amendment. Indeed, it was Mr. BUCKALEW who
first moved the additional section requiring Presiden-
tial electors to be chosen by the people. Mr. Davis,
of Kentucky, wished all Constitutional amend-
ments to be also submitted to a direct vote. That
party, however, had two strings to their bow ; if
by fillibustering they could delay the measure till
the term of the Fortieth Congress expired, then

within a few weeks of its end, it was thought that

the next House of Representatives could not muster
the necessary two-thirds majority, and there was
little probability of the Republicans again finding the
requisite overwhelming majority in Congress and in

the State Legislatures. ()n Feb. Bth the Session
was carried throughout the night, terminating half

an hour only before that of the 9th commenced ;
but the Republicans persisted, and the amendment
was passed by 40 to 16, as published in our leader of
the 27th Feb., "on the Proposed Fifteenth Consti-
tutional Amendment." Among the nays were the
five Republican Senators ConßErr, GRIMES, AN-
THONY, EDMONDS, and FOWLER. On Feb. 15th Re-
presentative BOUTWELL got the rules suspended in the
House so as to take up the Senate's amendments,
moving to non-concur, and for a Committed of
Conference, which were carried by decisive majori-
ties. This action was reported in the Senate on the
17th, when a confused debate took place, which will,
if the clerks correctly record it, form a singular
chapter in Parliamentary annals. Mr. STEWART
moved to agree to a Committee of Conference, but,
seeing no prospect of success, he substituted to
recede from the Senate's proposition, and to
concur in the House amendment. As the mo-
tion to recede required but a bare majority,
while the motion to concur required two-thirds,
it was necessary to divide them, the former being
gained by 33 to 23, and the latter lost by 31 to 27.
The old Amendment, as reported by the Senate Ju-
diciary Committee, was then submitted, and after a
long discussion adopted by 35 to 11, as follows :
" The right of citizens of the United States to vote and
hold office shall not be denied or abridged by the United
States, or any State, on account of race, colour, or previous
condition of servitude."
On the 20th this Amendment was taken up by the
House. Mr. BINGHAM in lieu proposed the Amend-
ment as formerly passed by the Senate, thus :
" The right of citizens of the United States to vote and
hold office shall not be denied or abridged by any State on
account of race, colour, nativity, property, creed, or pre-
vious condition of servitude."
And this was carried, when it was telegraphed to
to Europe that the House had concurred in the
Senate's Amendment, the substance having been
published in England abridged, while we gave the
words in full on:the 27th February, concluding as a
matter of course that the proposed Amendment bad
passed Congress in the form then given to it by the
Senate. A week after REUTER'S telegram another
was published in the Times' to the effect that the
Negro Suffrage Amendment having passed Congress
had been forwarded to the State Legislatures. Not
knowing the contradictory proceedings of both
Houses it was difficult to comprehend the import of
the message. The first conveyed a wholly erroneous
impression, the second withheld all the information
necessary to understand its meaning. The House
Amendment was considered in the Senate on the
22J, and next day Mr. STEWART carried his motion
for a conference, himself, CONKLING, and EDWARDS
being appointed the committee, the committee of
the Ilouse being Messrs. BOUTWELL„ BINGIIkM, and
LOGAN. On the 25th the Report of the Committee
was submitted by Mr. BOUTWELL, recommending
the House to recede from its Amendment and to
agree to the Senate's proposition ; and the Amend-
ment,
.as reported in our last issue, was finally
agreed to by 143 to 43. Mr. WOODWAIiD claimed
ReEl
elaborate
the necessity of obtaining for the joint resolution
thewh c
h approval
called ofofrtthhealn)
b I Do
rEatre Y ofr u thbnegfromUnited
peaStates,ker
COLFAX setting aside the point of order. The
question had been raised before in 1803, and it had
since been decided by the highest authority in the
United States, as well as by eminent constitutional
lawyers, among them Mr. REVEP.DYJOHNSON,indeed
by the Supreme Court, by all of whom it was laid
down that the PRESIDENT has nothing to do with
the proposition or adoption of Amendments to the
Constitution. Even quite lately the question came
before the Senate, when a resolution was agreed to
without a division, wherein allusion was made to an
amendment having been inadvertently present:d
to the PRESIDENT for his approval, asserting that
such approval was unnecessary, inconsistent with
former practice, and should not constitute a prece-
dent for the future. The Amendment reached
the Senate on the 26th, when the Report of the
Committee was road and adopted by 39 to 13. The
Amendment having then got through Congresc.,
and it being ruled that it did not require to be sub-
mitted to the PRESIDENT, it was only necessary to
forward it, through him, as the proper official chan-
nel to the State Legislatures, and it was telegraphed
to Kansas, Nevada, Louisiana, and other State
Legislatures, then in Session, by whom it waa at
once confirmed. On comparing, the AmOndment
as passed by Congress with that first proposed by
the Senate, it will be seen that the words " hold
office" have been struck out, as well as " property,"
" education," or " creed." This leaves it in
~the
power of the States to enact restrictions either in
property or education so long as they are impartial.
For instance, the law in Massachusett permitting
those only to vote who are able to read the Con-
stitution in English can remain a law should
the proposed Amendment be passed by the
States ; Massachusetts might even enact that no
person should vote in that. State who could not
read the Bible in Arabic, or New York maintain
that no one was a qualified voter that had not an
annual income of $lO,OOO. What the States could
not then do is. to enact that a citizen of African or
Chinese origin must hold property, or prove an
educational qualification not required from a white
man, and as the States will retain the right to fix
the qualifying period for naturalization much of the
old power will remain with them. If, for instance,
California insists on an English educational quali-
fication, it will effectually bar the Chinese for seve-
ral years. Although the Amendment did not
satisfy the extreme Republicans, the jump is suffi-
cient for the present, for, if it answers, further pro-
gress can be made in the same direction, but if the
nation finds it is getting into a quagmire, it is as
well to have the power of retracing its steps. As
GRANT in his Inaugural advocated the adoption of
this Amendment, it is likely to be passed by the
necessary three-fourths of the State Legislatures.

SOUTTIDOWN ITtNT STt2pLECHAsES.—Tho Open Han-
dicap closes on Tuesday next, over the same course as last
year. Mr Marcus Vorrall has paid particular attention to
the ground. The fences are large and quite natural, with
nothing objectien.tble, and we expect to see as good a
meeting as last year. The Hunters' Stakes will close on
April 5. The Regimental Challenge Cup of the 4th Dra-
goons will be ruu at this meeting.
I)uNVILLE and Co., Belfast, •are the largest
holders of Whisky in the world. Their Old Irish Whisky is re
commended by the medical profession in preference to French
Brandy. Supplied in casks and cases for home use or exports
tion. Quotations on application to Messrs. Dunville and Co.,
Belfast; or 4, Beaufort-buildings strand, London' W4—[Ad-
Terlitielltent.

MISCELLANEOUS NEWS.

jIIVENILE LEGISLATORS.
During Lord Palmerston's last Government the
House of Commons was famous for the number of

octogenarians it contained. The present Parliament
is no less remarkable for vigintarians. There are
more than fifty M.P.'s under thirty years of age. A.
large proportion of them belong to the Upper Ten
Thousand, and represent county constituencies,
or boroughs which are under the control
of great landowners. The youngest member
in the House is Mr. Hutton, who represents
Northallerton, and is just of age. He is the owner
of an estate close to the borough, and' Dod" tells us
that " he will oppose to the utmost of his power the
disestablishment of the Irish Church." No doubt if

Troy is to be saved it is Master Hutton's right hand
that will save it. Next youngest to him is Lord
Edmund Fitzmaurice, who sits for his brother, the
Marquis of Lansdowne. This young gentlemen is
in favour of the disestablishment of the Irish Church,
the abolition of religious tests, and " amodified system
of compulsory education." No doubt he has thoroughly
mastered a complete scheme. North Northumber-
land has a particular penchant for juvenile legis-
lators, and is represented by members aged respec-
tively 22 and 26. It need scarcely be said that other
great families besides the Fitzmaurices and the Percies
have their cadets in the Legislature. The Duke of
Abercorn succeeded in winning a seat for his son,
Lord George Hamilton, aged 23, in the county of
Middlesex, one of the most remarkable Conservative
triumphs throughout the election. The Duke of
Argyll's son, the Marquis of Lorne, and the Duke
of Sutherland's brother, Lord Ronald Gower, both
23, sit for safe Scotch counties, where their relatives
are nothing less than sovereigns. Lord Fitzwilliam
has seated a son, aged 29, in Wicklow county, and
another, aged 30, in South-West Yorkshire. Lord
Lyttleton has placed one, aged 26, in East Worcester-
shire; Lord Derby one, aged 27, in North Lanca-
shire ; Lord Belper one, aged 28, in East Derby-
shire ; and the Earl of Bradford one,
aged 23, in North Shropshire. Mr. Glad-
stone and . Mr. Hardy have each an alter
ego in the House. Sometimes young men have
won important constituencies in an open fight. For
instance, Mr. Hoare, aged 26, beat Mr. Moffatt by
seventeen votes at Southampton, but has to stand a
petition ; Mr. Lea, aged 27, won Kidderminster by
451 majority ; Mr. Samuelson, aged 25, beat another
juvenile at Cheltenham. As a rule, however. con-
stituencies which have a tree Choice prefer repre-
sentatives who have not just left school or the
university.

should do so ; ne nas invested too mucn money in
this business to allow it to be invaded by other per-
sons more enterprising than scrupulous. In a case
which has just been partly heard before Sir B.
Phillips at -Ole London Mansion llouse, it was stated
that Mr. Graves had given 1!24,000 for Mr. Frith's
" Railway Station" and copyright. It seems almost
impossible that this enormous sum can be repaid.
Another incident mentioned was, that Mr. Millais is
still very seriously ill at Hastings.