Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-11-29

nal, as within their competency. TIE log. 81,
deduction is submit, ttat tie States my dc
tcrmne for themselves what the qpr;iii cations
of voters shall be in respec: to residence, ssc
and propcrts; everything which i,!-:s-l l. 9
evidence Of cue 6 elity % tho S;..c, nad
OF capacity 20 exercise ,he franchise dis
crec,lY. These Sts.es mag therefore G:S.
eliminate between native and na:urs'iz x
clt'zans, requiring oi native born tp.s
masui!.y OF age only, but Of other: such
length c! residence aud c:hHr Qualification
IS sb@!! Dc thought rsq,;site TO ascertain
AID insure their essi:n at:ua aad identity with
! .he Community. il IL be n7t 50. the St.,cc
/ a7e Ci9ested Of s power esSn1;jal 10 them, ncs
Jaiy wiihou; any express suTrsndcr Of 1t, bu.
in the lace OF both implications 10 tie contra.
rT. sad practice and usage raraine o'c. 70
1916.
! ...Ur ScorT. of -fs,nr;ac--! tai-L :. - -
INV 'ueiore the Cor zen ION Involve 6 QUESTION
Of expediancy and rot Il qrest!an Ct poxer;
because, take it thst if anything has b"ea
settled under the old Fedora! Constitution By
the uniform practice Of all the S;a'cS, il Eas
been settled that the States themseirc, posse SIS
entire power over the subject of The right q.
sriI age; the power 10 requisite lis exercise
according to their sovereign pleasure; Sud th.:
there is nothing in the old Federal Cons:i';-
ton which restricts, or in any degree r?gr-
l1;rs the exercise cf ;hst power.
The clause II wniGHNhc gentleman fro1:
Charles City, tMr. TYceE. refers, by which
certain privileges snd immuni;ics arc accorded
10 the citizens Of all tie States, is one which
HIS been found 10 present great difficulty II
It's construction, and am not aware ;hat anY
writer on the Constitution Of the C"::ci STATE,
or any judicial functionary in his judicial CT.
pac:ty, has succeeded in rxpoundrg SnI!.!ac-
,or.ly the meaning Of that section. Judge
ha-e grapplrd with its difficulties tu. II -
case have they gone further than 20 decd. b:
particular question that may have risen before
them. declaring their unwlllingncss 10 g1 be,
yend the question before the Court, because g;
toe intrinsic tflculty Of expounding section
conched in terms so ambiguous ard vague rs
that s think it has been nowhere held that
within the meaning of this srcion :he right
Of voting is privilege or az Immunity. II it
were, the conclusion Of my ilcnG On the right
Mr. T"LEg) would be necessary. Eat il the
right Of voting is not, within Tie meaning CT
in; Constitution, q privilege or ar immunity,
then this section has no operation whatever oI
The question. concur with The gentleman
from Richmond city, (Mr. MAcFAELAND) thai
the section of the Confederate Constitution 10
which he referred, settled this question entire
l.. ! differ With him rs 10 the statement that
the section, ms found in the Confederate Con-
stitu,ion, is nothing more than reproduction
OF the sect;on as il was found in the F.1eEa!
Constitution. think il has an G1drn1ar1 Ard
that Q2dsnlHm was introduce for the pnr 0neo
Of correcting an evil which toe experience Of
The working Of the Federal CaGG!llu!;or sacw-
cd it liable TO-
NJ. MAcFARLAsD.-Asf far os I read. it i:
simply reproduction Of the clause ic tie Oil
Constitution.
Mr. Scorr Under the old Constitution. no
restraint whatever vas imposed upon the State
in respect 70 their power over the right of&af.
fragr; and we find in tho prac'' ,,-
.!..2- >'--''-----.--.. G,a.-s. .sgI'at''1rs %!
s'.icn persons not nsturtIzeu wei "i.--.aA &"
vo;e Tie Confederate Constllu;i0n, regarding
tia. IS en- evil. as mischief, provided ioT -
erection, and put that restraint upon IL"
vote, and that restraint only, by !rc!a:i7g.a;:
no person shall have rGat % vote il anr
election who is not citizen OF ll!o Ccni' Gers;@
States and with that qualification, with ;fat
single qualification, the whole power o2>r ;An
regulation Of the right Of sutf;age is -c:nc7cd
to the States and they may arrange It sccori'
ing to their sovereign will ard pleasure.
Now, sir, whilst entertain this cpinicn ~
respect to the pc~er, concur in the on!T:hHa
OF those who hold lha: it is be,t + in the !eg--
la.ion Of Our organic law, TO leave this Gcsa;'r2
vhere the Con!ederasa Constitution looks 70
leaye it.
As has been said. this State is ne=i'se. q
a Confederec5 Eo are under e C0ns';'r'io-
common to ali :br Statcs Of the CoH!ettrcc-.
Bv ;l:a. Constitution. We have conferred power
ulol he Confederate a;i:Ecri;r 10 cnocs: onC
associates, an. i5%er 70 c5:l!t acF Sales, 10
bring new communities inr2 association WITH
u.s. We have corc far:her, and cnois-red r2o2
.hat Confederate authority ihs !igh: 10 rrH'
scribe the iaws by which these Dct ci,'zcH'
shall becomr ciiizars When, IS afpccrr'a'o
LAYS, an iniic;dua! hes acquired the right of
citizenship amcug US, au unwilling 10 say
ina; !Eat citizen shall not sterd on comn'oI
platform with the other citizens Of tne Stu'e.
agree il opinion With those who ihirk
that rnnth mischief los occurred TO the coun-
try from the naturalization Of foreigners among
rs :hiaE that il ono Of the great Causes
,ha, ms JED to The dissolution Of our lato
government; and | eri as much opposed as
any gentleman upon this 4;or to the intro.
ducl,on u una!9rmed and uuinstruc'ed 10y
cigners 20 he right Of Suffrage amongs: US.
Bat S,y, sir that we have confdcd this
| QUESTION ui citizenship to the Confederate au-
,hc:iiv, ard | am content 10 leave It there,
being UNIV ::!irg, as have said, to discriminate
| in cur organic Law, or in any other laT, nc
tween those who are legally and constl'uiica-
ally ctizens Of the Commonwealth Sir, tao
| question o! Inc naturalization laws has no! Jnt
hecr passed upon By the Confederate Congress.
| We d: not kno1; What term Of residence, Sha.
conditions, the Confederate Congress will i;l.
pose upon foreigners before they can acquire
the rights of citizenship. know the tact that
the question has been before Congress, hr; il
has not been acted upon. 1t remains for Il;
ruro action. trust that whenever it may 10
acted upon, such period OF residence will ."
required such conditions imposed, a1d sud-;
qualifications prescribed, as will make it pos-
s!be for native born citizens 10 associate np1:s
terms Of perfect equality With those vito Gay
be natuTalzcd.
M:. YorSo, Of Ee1r!co-lt is with 7ery
great d!fidence that rise to address the Con.
rcplion upon this question. Bu. there ar: oon
connection With tie clause which has be,n
| ftau itOul lE9 CoUoIiluIioH VI VIZ SetiieSeih:o
States that may possibly be worthy Of some
consideration. refer 70 the clause which has
seen commented upon b. the gentlemen wha
has just taken his seat. The clause in qucs
ton is as ioiloSs: THE House of Represc1
tatives shall oe composed of members chosen
every second year by the people Of the several
States and the electors ip each State shall &c
citizens Of the Confedera.es States"
That is one qualification which this Cons,i-
tuition itself imposes upon the eiec:ora who are
tc vote for officers Of the House OF Represcn-
tatives Of the Confederate States.
After prescribing that the electors shall be
citizens of the Confederate States, it t;-iha.
requires that they shall mare the qualifications
requisite for electors Of tho most numerous
branch Of the State Legislature.