Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1865-12-15


The amendment to the Constitution
being adopted, it would remain for the
States, whose powers have been so long
in abeyance, to resume their places in the
two branches of the National Legislature,
and thereby complete the work of restora.
toE. Here it is for you, fellow-citizens
Of the Senate, and for you, fellow-citizens
Of the House of Representatives, to
judge, each Of you for yourselves, Of the
elections, and qualifications Of your own
members.
The full assertion Of the powers Of the
General Government requires the holding
Of Circuit Coarts of the United States
within the district where their authority
has been interrupted. In the present
posture of our public affairs, strong OBJ.
iections have been urged to holding those
courts in any Of the States where REBEL
ion has existed and it was ascertaincd
by inquiry, that the Circuit Court OF the
United States would not be held within
the District of Virginia during the au-
tumn or carly winter, nor until Congress
should have Tan opportunity, to consider
and act on the whole subject" :" To your
deliberations the restoration Of this
branch of the civil authority of the Unit
ed States is therefore necessarily referred,
with the nope that early provision will
be made for the resumption of all Us
functions 1t is manifest that treason
most fragrant in character, has been COM
IN ttcl. P,rsons who are charged with
its conmis sioa should have fair and i'm.
partial las in the highest civil tribunals
Of the country, in order that the Con.
,tituti.n and the laws may be fully
vinaicatcd; the truth clearly established
anl affirmed that treason is Crime, that
traitors should be punished and the OF:
fence made Infamous and, at the SAINT
time, that the question may be judiclallj
settled, finally and forever, that no State
Of its own viii has the right to rcnounct
It's place in the Union.
The relations of the General Govern
ment towards the four millions Of III
habitants whom the war has called into
freedom. have engaged my most serious
consideration. On the propriety OF at
tempting to make the freedmen electors
by tie proc alnation Of the Executive,
took fer my couusol the Constitution Itself
the interpretations Of that instrument BY
lts authors anl their contemporaries, anc
recent legislation By Congress, When,a
the first movement towards Independence
tAe Congress Of the United States III
stracteG the several Safes to institut,
governments OF their own, they left each
State to decide t0r Itself the condition;
tor the enjoyment Of the elective fran
chise. Daring the period Of the Con
fcderacy, there continued to exist yer!
e,eat diversity IN the qualifications o
claet9r, ia the several States and ever
within i State, distinction Of quallfca
tioHs prevailed with regard to the 9th GERS
who were to be chosen. The Constitution
Of the United States recognizes thes'
livcrsi,ics when it enjoins that. in th'
choice Of Members of the House o
! REPRESENTATIVES Of the United States
the electors in each State shall have tn
qualifications requisite for electors 0
the most numerous branch OF the Stat
! I.eui uislature." Alter the formation o
the Constitution, it remained, as before
i the uniform usage for each State to en-
+ large the body OF its electors, accord!n,
to It's own juIEment; aud, under thu
system, one State alter another has pro
jceeicd 20 increase the number of 1t
electors, until noW universal suffrage, o
something very near it, Is the genera
rule. So fixed Was this reservation 0
power in the habits Of the people, and s
un0ucs;iouel has been the Interpretation
Of The Constitution, that during the civi
war the late President never harbcre
the lu,po. certainly never avowed tn
purpose-ot disrcearlin. it; and i'll tn
acts Of Congress during that period, moth
mo ean be found which, during the con
,i1uance Of hostiiities, much less aite
their close, would have sanctioned an
departure by the Executive from poiic
which has so uniformly obtaired. More
over, a concession of the elective iranchhs
70 the freedmen, by act OF the Presiden
Of the United States, must have been eS
tended to all colorcl men, wherever tounC
and 80 must have established caang
of suffrage in the Northern, Middle, an
" estern States. not less than In til
Southern and Southwestern. Such a
act woul have created a new class /
voters, and would hlye been an assuml
ton of power by the President whic
nothing in the Constitution or laws Of tn
iIi1itcd St..tes would have warranted.
On tho otter hand, every danger
conflict is avoided when the settlement
the question Is referred to the sever
States. They can, each for itself, deed
on the measure, and whether 1t is to /
ado2ted at once and absolutely, or in'rt
,luced gradually aud with conditions. /
NV lad .mcnt, the freedmen, it thay sho
patience and manly vlrtaes viii so n'
obtain a participation in the elective iran
chise throagh the States than through tn
General Government, even IT 1t had poV
c, to intervene. When the tumat
emotions that have been raised by ii
salaeeness Of tho social change sha
have su5sdel, it may prove that the
will receive thc kindliest usage from son
OF those ca whom they have heretoso
most closely depended.
But while | have 10 doubt tha. no
after the close Of the war, it is not con
lctent for the General Government
extend the elective franchise in the sever
States, it is equally clear that good ial