The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-12-18

kforlh ms r IL country. He would vote for the rel
snmeD - he resolutions TO the Judiciary Commi'
~, BAYLY here arose TO address the House
vas interrupted ~ ,,.4a, A.. ,,,,
mE p had spoken once ON the question.
nan MAN. SPEAKER. | am not aware that the gen
~" from Virginia has yet spoken IN this debate
ss.Ssnal voices, "No, no.") -,
we IpoET'rIT again made remark, which wal
m "nie audible to our reporter when
n0 NJ III AYLY replied that he had not spoken OF
mn.srion before the House. He had no ooJec
ns u Give way to the gentleman from Indiana io
you uusypIanaon, but he would not yield his rish' &c
the floor. ,,,p .h....a ,h,, M conditions n
ny nj could lie entered into; the gentleman had 0
ma ~ =, n on or to yield the floor Internationally.
ngWW pAYI,Y then proceeded. He would not, he
,',st into the subject as FAR as other gentlemen
,asn0 IN The course Of the debate, but would con,
gao S;msef exclusively to the question OF reference
nS snrb topics as might arise on the resolutions Of
INV s,ote Of Massachusetts, then under consldera'
1ou AZ question OF reference, II was, hrst, one
ug.,nyenience, secondly, question OF justlce--o
San;snce as far as the House might look to the
';,,es Far aid in discharging its duties of JUS
Son IS Ear as special jury could be had in the COM
80 respectiyeIy, to investigate matters sent to
n Now. as far as they were to derive aid from
e .bor Of committee he thought it Of little i'm
wv, ~ which committee the question might be re-
/ ,,.d AS A matter of justice, he confessed, that
an The day previous, before looking into the charac'
,sr Of the resolutions before the tiouse, ne was IN
lined 10 accedc to the request OF the gentleman from
Pennsylvania.
me subject before the House was on his amend
nsnt not on the original resolutions.
M. BAYLY resumed, observing he was aware
.f~hat the gentleman stated. On the subject of a
Sofsrence to committee he had nothing to say, ex-
sn AZ to the character of the subject proposed TO be
introduced, and the committee to which, according
n hat character, they ought to be referred. But
hsfore he came to that view of the subject he would
sk permission to say, that those resolutions from
,Le State of Massachusetts, were a bold attempt TO
nsrp the acknowledged rights of he'States, and the
fnctions Of this government What was the sub.
stance of those resolutions Of the Massachusetts e-
oislature? That frauds had been committed on the
R,lot-box at elections The object, then, was to
mrify the ballo-box; and they call upon this gov.
,rnmept 10 interfere in the question of suffrage IN
' ,14 several States, Now he (Mr By contended
that government had no power over that subject. II
was a government of delegated powers; and all pow.
Or, not expressly delegated to it by the constitution
are declared therein be reserved to the States He
saw in that instrument nothing which delegated Ia
This government power over the States in that mat
er In the first article second section, it is declared
that "he House Of Representatives shall be com.
posed of members chosen every second year by the
peope Of the several States and the electors in each
State shall have the qualification requisite for cleo.
TORS ofthe most numerous branch of the State legisla
nre."
That is the only clause in the constitution on the
subject of the suffrage. 1t expressly declares thai
all those who have the right of suffrage in the State
in State elections shall possess the same right in
Lecting meml of this House. Wi h the sabiec
Of suffrage this government had nothing to do. The
States could make any persons voters they pleased
and whoever they admitted, possessed the right tt
vote, and there was no power in the government tc
control them. When, therefore, Massachusetts
came there to ask them to interfere, they boldly
mnde an attempt to interfere with the rights o.
States But suppose government could dc
as they asked. What would be the effect They
asked to extend the term Of naturalization to 81
years. What would be the effect Of that Would
1t be to exclude foreigners from voting He would
say unhesi,atingly, no. What were the rights o.
ctizens, to which foreigners, by naturalization, be-
came entitled To the right Of voting, of acquiring
and holding property, and Of pursuing their welfare
and happiness. These were the great rights con-
ferred by naturalization. And when gentlemen
talked Of extending the term TO 81 years, he would
ask them, did they mean to say to all foreigners
"You shall not have the right to these great prerog
aives for 81 years up to that time you shall be de-
pendent for protection for the right Of acquiring and
holding property, exclusively to the hospitality Of
Siaes'" That was all change in the naturaliza-
ton laws could do; but it could not affect the right
Of suffrage. 1t was true that the constitution con-
fered the right Of voting only on citizens; but
the question, who are citizens, is to be de-
termined by the States; and it was perfectly
competent for the States to confer the suffrage
on any persons they chose. In the State of New
Vark tp-c No., ..u.t- L.
ton laws they pleased. They might declare that
foreigners should not be, before 81 years. entitled to
vote; and, in doing that, deprive them of all those
rights conferred by it. convention is shortly to
be held in that State and he would tell those gentle
men who seek this change that there was their prop
er theatre Of action. They in that House had moth
ing to do with it. They might attempt to pass laws
on the subject but each State had perfectly consti-
lunonal right TO say, tomorrow, in the face of those
laws that foreigners possessed perfect to vote.
Since the day the constitution was proclaimed, il
was not competent for government to interfere with
the baIot.box. But if their laws remained as they
are he put 10 the legal learning of the gentlemen to
say what effect that alteration would have upon the
laws of the country. The laws concerning natural
zaion were adapted to the laws Of the country as
they are, and he would put it to gentlemen whether
II the prayer of that petition from Massachusetts
were granted, to extend the term to 81 years, they
would not in that case be enactng an er post acio
law, TO speak fguratively,) which could no. apply
70 rights given under that constitution. If that were
the case, it would be a bold thing for Congress to
interfere with the rights Of those States.
In the last session Of Congress he had heard il
proposed by member from Massachusetts, that the
House should proceed to prescribe constitution for
the little State of Florida and only the other day
'hey had heard it recommended that they should die
tate to the people Of Texas constitution. But
where did they find the right to interfere with State
constitutions! They not only had no right to inter-
ere tberein but one of the most valuable provisions
expressly prohibited it. By it a republican form Of
government is guaranteed TO each State, and the first
principle of repubcanism is to regulate its own gov
eminent Yes, strange as it may seem, that very
clause which prohibited them from interfering with
State constitutions at all-that very clause had been
ssized upon as one allowing an interference. He
lMr B. did not design to go into labored discus
son of the question. Whenever that Congress
should attempt to interfere in the question of suf-
rage 1t would be an act Of unmitigated usurpaton;
ana he had taken that opportunity, in the beginning
% protest against that attempt Of Massachusetts,
from whence so many similar attempts on the con-
so'u'on came. As he had before said, he was dis
posed on the previous day, from feelings of gene
rfos'y similar to those which actuatcd his friend
rom Alabama, to refer the subject to special com
mllee; and he would still vote for that if there
Hare