Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-02-20
From the Harrisburg Patriot and Union.
Amos Kendall ON the Crisis.
LETTER V


To the Unconditional Union Men Of the United
States:
For the purpose Of making more pslpable the
character OF the President plan OF recOnstruc-
tion let us look little into the structure of our
government. To prevent miscorstruciion "a to
the meaning OF the Constitution. the tenth amend
ment adopted In the following words. viz:
THE powers not delegated 10 the United States
by the Constitution, nor prohibited by il 10 the
States, reserved - the States respectively.
to the people" Suffrage - the basis OF all our
free institutions Through that right the people
elect directly indirectly. al our rulers. State
legislators, governors and Judges. members Of
Congress. President and Vice President. Federal
judges and all the army of oiiice-holders under
the State and National Governments The
power TO regulate suffrage. who declare who may
vote and who may not. IL not delegated TO the
United States by the Constitution nor prohibited
by il . the States" it Is therefore 'reserv Ell
10 the States or the people.
There is no such thing United States voters
on the contrary, the whole fabric of the general
government Il built upon State suffrage Art.
l. sec . the Constitution provides As follows:
The House of Representatives shall! be com
posed OF members chosen every second year by
the people OF the several States, and the elec ors
voters Of each state shall have the qualifci-
tons requisite for electors of the most numerous
branch of the state Legislature"
la other words. all the people OF the several
States who are qualified by their State consttu
ti0ns and laws TO vote for members OF the most
numerous branch OF their State legislatures. and
no others. have right 10 vote for members OF
the House OF Representatives Senators of the
United States chosen by the State legisla-
lures. who derive their power from the same
voters The electors OF President and Vice Pres
dent also derive their existence aud power directly
indirectly from the same voters.
Thus il - that through the exercise of a pow er
reserved to the States TO the people," voters
qualified BY the Constitution and laws of the sew
eral States form the Foundation of entire sys-
tenn Of gouerHmeRt He who looks into the Con
stituton o. the United States for any grant Of
power, express implied. authorizing Congress
or the Executive to prescribe qualifications for
voters. whether voting far State officers, members
OF Congress or President and Vice President will
not find il. No such power was given or intended
10 be given, and its assumption Is a bi0rc at the
heart and iife Of constitutional liberty.
Now let us consider the act of the President in
connection with these principles and the state of
things in Louisiana. The President recognizes
tina, State as a State in the Union. It's consitu
tons and lows. constituting its government and
regulating the right of suffrage, remain intact,
not having been abolished or altered by the re
bellion They have been so far rescued from
rebel grasp that the people in large portion of
the State might exercise that right unintimidated
| by armed rebels. But they are restrained: not
bv the rebels, but by the army OF the United
/ States
The President assumes that the government oil
Louisiana has been subverted 10y the rebellion oil
some of her sons. and that, as a consequence oil
that rebellion all her sons have lost the right oil
sufirage-an assumption without reason or law
He then proceeds 10 grant the right TO such o
them as will take the oath prescribed by him
We say grant, Tor however OOscured by cunning
phraseology, it amounts to grant. The essenc.
OF the transaction is more clearly expressed in iii,
/ following words. viz:
Whereas, by reason of the rebellion of por-
ton OF the people of Louisiuna, all the citizens
said State have lost their right OF suffrage; nov
/ 1, Abraham Lincoln President OF the Unite,
States, by virtue Of whatl) do hereby give, gran
and convey TO many OF said citizens a shat
take the oath aforesaid the right To vote for STATE
officers, members OF Congress. electors of Presi.
dent and Vice President; to have and hold sal,
rights as long as they shall keep the oath aui n,
longer"
Now. by what Authority is this grant made
+ But one pretext is beng alleged for il; and tina
is scarcely worthy of notice IL is that the Pres
/ Ident has right TO grant amnesty, and {,
annex conditions To that amnesty We couced
the principle with the reservation that the con
dItIous must IN themselves 0e lawful We al
NIT that when a citizen has forfeited lite al,
his lie by amnesty and leave his property L
conhscston. Bat he can not accomplish m,
unlawful purpose thTou. h The conditions of al
amnesty lie can not overthrow State Institution
through the conditions of amnesty to traitor
against the UnItei States. He not by suc
conditions. overthrow the legitimate State gov
eFumeuts. de IAN not exact an oath %
treason TO the State. a n Icondition o
pardon for treason against the United States II
can not rishlluliy grant. modify or restrict III
right o: suffrage within "A State recognized to b
in the Union; Tor that entire power IS reserve
TO the States the people" But in this pla
we have Tue overthrow OF State institutions, tn
subversiOn OF the legitimate State Government
the assumption by the President OF the power {
. grant and regulate suifrage-all to be affecte
through the conditions of an amnesty: cOu
ditiOnS, too. efiecting alike the innocent and IN
guilty. the loyal anu the disloyal. Who ever be-
lore heard ot an amnesty, with Jr without con
ditions to those who had committed no crime
These assumptions of power would be less ob
nOxlOus upon the Sumner theory, unsOund a.
} Is that the seeded States have ceased 20 be ID
States OF the Union aud should be treated tel
; ri,Ores. ia which no local government exists
such we're the law ana the tact. the assumptio
OF power might not be so glaring But by rec
, oguizng Louisiana as State IN the Union, t
President virtually admits that her people has
the same rights a. the people OF Massachusett
hal no tight aud government. A Safe
} the Union Without government, whose peopl
have night to establish one without leave irol
the President While treating the seeded Stat,
a. conquered territory. whose people have To-
all political rights effsetua!iy in the Sun
her theory, this plan has one distinctive feature
which. were not the men IN power SO uerfect
unsell>h .ud una mbitiou~. II might be una iue,
commended Il TO lheiF adoption. IL Is 10 brin
into the Senate and House of Representative.
e host Of members vote with the radicals
h Massachusetts,. u is to bring into the electors
college host of electors To AID ia the re electo
q of Mr. lincoln
/. / here still some features in this plan /,
quring further developments
Amos kendall.
January 30ih 1864
F" sE-iu 1860. the Atlanta Southern COME,
: eracy published speech OF Gen CAN'T. then
j. tue rebel service One of the passages in q
. speech WAS this:
II eau tell you how We did a whining Yank,
out in ArSan>.s = few DAYS ago He got TO ma
> ing too Tree use Of incendary language. o.
Il boys took him 10 hand. They carried him xhe
4 convenient and friendly limb prOirudei fro
the BODY of a sturdy oak They fasieued OF
end OF rope 20 the limb aud the other aroul
b mex aud elevated him