Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1865-10-06
Uniform nna Ess..I snn-.a..


Does the Constitution give the right of regu-
lating the elective franchise exclusively to the
States? This has been generally assumed
That it involves SFeat difficulties most admit
That in consequence of it the whole question OF
the right Of suffrage is in very confused and
unsatisfactory state lew will deny. That it in.
terposes serious obstacles to tie just and safe
reconstruction of the governments of the rebe
States all must feel. Surely constitution cre-
ated Tor the purpose Of "tnrming more per.
feet union. establishing justice, ensuring domes
tic tranquility, and securing the blessings Of
liberty" ought to rest in the government the
powers necessary to accomplish that result
The obligation imposed upon the United States
to "guurantee TO every State in the Union re-
publican form Of government" ought to carry
with it the power TO MAKE tnat guarantee effect
i've. Yet with the power over the elective fran.
chise vested wholly in the States, how can it
do this ? With such power one State may
limit the right of suffrage to particular colori
another to a social class another to parlicu-
lar religion another to a family another to a
single individual. Thus the State government
may become a republic, an oligarchy, hierar-
chy, or monarchy.
But to come more directly to the practical
difficulty now before us, who believes That the
States so lately in rebellion can be safely trust
ed to reconstruct their governments without
some conservative power from without What
sane man believes that the act oi enaucir alton
can he made effective if the social, civil and po.
tical status of the freedman is left in the hands
of his late rebel master? VIII there not he a
system of class legislation Gepriving first OF the
right to vote. then Of trial by jury, then of the
right to testify in court Of justice in short
Of all the protection Of law.
Various ways have been proposed to obvae
these difficulties, but they are for the most part
but partial and temporary. The only one that
promises to be available is to keep these States
ont OF the Union until they recognize and guar
antee in their constitutions the rights OF the
freedmen. But admitted with such IA consllu-
ton to day they may change or annul it to-
morrow aud where is the remedy? 1t is plain
that there should be power vested in the gem
eral government to establish throughout the
whole country just, equitable, uniform law o
suffrage, Has it that pow.rP We think it has
In the examination OF this question it is neces
sary to consider first wheri the reserved rights
of the government-that i, the rights not spe.
cfcaly delegated-rest. II the sovereign pow
er originally rested in the States then all powel
not delegated by them IA the United State,
still rests with them. If the United States were
! 'he ollSlHdl repositories vi lhlS severe HnltI
then all undelegated power is still vested IN III,
general government.
When our Fathers formed the Federal con
stitution they did not commence the work o
constructing government de moro. They took
the National and State governments as the,
found them and sought to readjust them 10 tn,
new order of things. While colonies of Grea
Britain the States were in a certain sense gov
ernments authorized to make laws adapted t
their local circumstances $50 as such laws, or
dnances and constitutions ms made he not con
trary and repugnant unto the laws of this ou
realm of England" In other words they maj
egslate in their own local affairs where tn,
government of England had failed to lrgislate
but were still subject to paramount law tina
could overruls their decisions
In the Revolution this sovereign power wa
transferred to the government of the United
states. That was invested with the same su
perylsory power over the local legislation o
the States that England originally possessed
Hence 1t fol lows that all powers not delegate
In the constitution to the States still rests in tn
hands OF the general government. 1t may fol
wise or unwlse reasons have hitherto failed L
exercise these powers. right held in abey
ance Tor time is uot necessarily surrendered
When the time comes that demands its exer
else 1t may be called into requsiIion.