Evansville daily journal. (Evansville, Ind.) 1863-1866, 1865-10-13

The Constructors should eontain. II
provided thai the Constitutions to be
formed By those Conventions should con-
form to the provisions Of this b u, in
three respects. @ 4
lst That 90 person who held or ex-
ercised any Office. civil or military,
above the rank Of Colonel, shall BE- en-
titled TO vote.
In ether words, that bill requires
that those conventions should exclude
from the right Of suffrage, in the State,
all persons who had been in the rebel
army, above the rank Of Colonel: there
by coucedinR the privilege might be
extended TO ell persons below that rank.
That slavery or involuntary serv-
itHde shall not exist in that State
3D. That those States should not
assume any part of the Confederate
debt.
These were all the conditions that
this bill Of Henry Winter Davis i'm
posed in reference to che conventions
that were to form constitutions Il did
not require that there should be any
provision made to confer suffrage upon
the negro as any time II did net re
quire that they should make provision
for his education, that they should give
him the right 10 testify In courts Of
instice. That bill passed the houas by
vote of "a to &C., and afterward, 10
Jaly, passed the Senate Mr. Lincoln
refused to sign that bill; he put Il in his
pocket, and some Of you may remember
the angry manifesto put forth By Senator
Wade and Henry Winter Davis, which
for time caused considerable strife in
our ranks, and threatened The success Of
our efforts 10 restore the integrity Of The
nation
III Mr. Lincoln had aot refused 10 sign
that bill there would be to-day an act Of
Congress on the statate book absolutely
prohibiting the negro from participating
in the work OF Reconstruction, aad pIedg-
ing the Government ia advance 10 SC
cept the constitutions that might be
made under that Il. II made no pro-
vision for the negro beyond his personal
liberty; and IL Chat bin had passed those
rebel States could present their mem.
oers of Congress, and you could not
keep them oat, except by tramEhng un-
der foot that act OF Congress
30 Jon see that Congress 10 it's action,
did not make negro suffrage q condition
in its views al decentralization. We have
the direct sanction of Congress In ex-
eludiug the neRro from the work Of re-
construction, aud making no provision
for their rights beyond personal liberty
Now, how ID il with the policy Of
Messrs. Lincoln and Johnson2 They
require that the reyiaed Constitution
shall forever prohibit slavery. Mr.. John
son has said time and again that this
was the frsk condition; ha said to the
South Caroline delegation that recently
waited upon him sit ia one condition
that slavery shall be forever extinguiah-
ed, aud the rights Of the freedmen pre-
served And y am glad to see that
macy OF those States are making com.
mendabls prOgress 10 this direction.
see that the Alabama Convention has
adopted, by 6 vote OF So to 3, a provision
abolishing and forever prohibiting ala.
very In that State, and requiring the
Legislature 10 make provision Tor the
protection Of the freedmen ia he en-
joymeut Of their rights
now come 10 speak more particular
ly on the subject or suffrage. The Con.
stitution OF the United States has refer
red the question OF suffrage to the sever.
al States This may have been ight or
may have been wrong, | merely speak Of
the fact IL has provided that such per
sons as have the right 10 vote BY the
laws Of the State, for members Of the
moat numerous branch OF the State Leg.
islature, shall have the right 10 vote for
members of Congress- II then, in an
other provision, declares that States may.
in any manner they see proper, appoint
or elect their Presidential electors; 90
that the whole question of suffrage has
been referred TO the several States.
IL has been proposed by some 10 avoid
the operation OF this constitutional pro.
vision by excluding members Of Con-
greas from The Southern States, until
such time az they shall incorporate negro
suffrage into their constitutions. That
Ia one way in which to avoid this eonsti--
tational provision. There IL another
plan, and that 10 the theory whichIreaards
these States As being ous Of the Uaion:
~ no longer practically in the Union,
but held "a conquered provinces, subject
to the jurisdiction Of Congress, like IN
organized territory. en- the principle that
Congress has ghe power to provide for
calling conventions Of these States, Just
~ il bias in the Territory Of Dakoiah.
and may prescribe the right Of suffrage
or determine who shall vote in electing
delegates TO those conventions, aud
may then determine whether it will &C.
cept the Constitution so formed, as il
would do in the case OF any other terri.
tory.
| will not stop to argue this question
now, but will say that from the begin
ming Of the war 10 this time, every mes
sage Of the President, every proclama-
uonr every State paper, and every act
OF Congress, has proceeded upon the |
hypothesis that no State could secede |
from the Union; that once ia the Union, |
always in the Union.
Mr.. Lincoln 10 every proclamation |
went upon the principle that this war
was an instruction. rebellion of the |
people against the Constitution and |
laws OF the United States: that IL was !
not rebellion of the States, bat OF the /
people of the several States, and every |
man was personally aud individually |
liable for his acts, and could not shield |
himself under the Government Of his |
State. He went upon the principal that /
every ordinance. of secession was invalid, |
havt1g no effect, and that those States |
were, in the contemplation of the law,
in the Union, and could not be affected |
by the action Of those people; that the |
people Of the States were personally re-
sponsible for their conduct, Just as q
man is responsible for the violation of /
the statute against the commission Of |
murder; if one man can forfeit his
rights to these, thousand or million /
can; but 80 far an their action is con-
cerned, they had no power TO affect
State ia this Government Every mes.
sage to Congress has proceeded upon
this hypothesis. Buchanan, before the
war, started out with the proposition |
that this was rebellion Of States; and |
L L.