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

THE SUN, LOND6I4, ;WEDNESDAY EVENING, MARCH 24, 1869.

THE CONSTITUTIONAL AMENDMENT.

(From the Anglo-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 asevere strug-
gle, that body being more Republican than the Re-
presentatives. Mr. WILSON 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, educa t ion , property,
or creed." Tacked to it also was an amendment
altering the manner of appointing Presidential elec-
tors, taking the control from the State Legislatures,
and deciding the election by a popular vote. The
Democrats rather favoured these alterations, as
they 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
th licElcalatriwco. Out I'ob. 44h the g .ssion
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 CORBETT, GRIMES, AN-
THONY, EDMONDS, and FOWLER. On Feb. 15th Re-
presentative BotrrwELL got therules suspended in the
House so, as to take up the Senate's amendments,
moving to non-concur, and for a CommiWe 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, be 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 ou
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 had
passed Congress in the form then given to it by the
Senate. A week after REtrrEß's telegram another
was published in the Times' to the effect that the
Negro Suffrage Amendment having pissed 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 In ssagc. 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
22d, and next day Mr. STEWART carried his motion
fora conference, himself, CONKLING, and EDWARDS
being appointed the committee, the committee of
the House being Messrs. Botrrwm„ BINGII k3l, 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. WOODWARD claimed
the necessity of obtaining for the joint resolution
the approval of the PRESIDENT of the United States,
which called forth an elaborate ruling from Speaker
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. REVERDY JOHNSON, 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 presented
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 read and adopted by 39 to 13. The
Amendment having then got through Congresz,
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 was at
once confirmed. On comparing the Amendment
as passed by Congiess 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." Tbis leaves it in the
power of the States to enact restrictions either in
property or education so long as they are impartial. II
For instance, the law in Massacbusett 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
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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-

press 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.

SOUTIIDOWN II NT STEEPLECIIASES.—The Open Han-
dicap closes on Tuesday next, over the same course as last
year. Mr Marcus Verrall has paid particular attention to
the ground. The fences are large and quite natural, 'with
nothing objectionable, and we expect to see as geed 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.
DONVILLF, 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, Loudon; W.C—Eitd-
Tertiseraent.

MISCELLANEOUS NEWS.

should do so; he has investect too mu ii 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 the London Mansion House, it wizs stated
that Mr. Graves had given £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.