The Portland daily press., 1865-12-16

the slightest contradiction between the act I
have above supposed to be enacted, or be-
tween the guaranty clause in its widest con-
struction and this clause about the electors
an their terms; nor is there any contradiction
on inconsistency unless we find it an implied
meaning or effect of this clause concerning the
electors. But such an implication, one would
say should be obvious, necessary. almost inev-
liable, before 1t was made, ii not for the pur-
pose yet with the effect, of not merely embar-
rassing but in fact annulling this solemn guar
anty to the United States TO all its States and
all its citizens. For this guaranty is, that
each State shall have a republican form of
government; and whether it be republican or
not must depend mainly if not exclusively on
the question, whether its citizens have or
nave not that power of determining by their
votes who shall be their magistrates and leris-
lalors, which republcanism requires; and how
Can congress have any care OF this whatever,
OF guaro 1t in any way, or do anything what
ever aDout It, it Congress has absolutely no
power 70 interfere with the right Of voting in
any State? have some doubt whether
mere implication was ever permitted to oo
quite so tar in the construction of any impor-
tant instrument. l- : = =
And it any preference is made To the
practice, or rather to the acquieseence. of some
generations, 1t seems to me to be an answer
first, that this acquiescence simply means
either an entire forgetfnlness of this guaranty
OF the Constitution, or else belief of Congress
and the people that it had not been yet, prac-
ticaily and materially, inter1ered with; and It
may be accounted for equally well either way
And secondly, whatever this acquiescence in
certain construction may have arisen from or
meant or amounted to, it can have no effect
Whatever In taking away from Congress a
most important power for no better reason
than that Congress had never seen fit to exer-
else this power. Congress is the servant and
the instrument Of the people its powers are all
trusts from the people for the benefit of the
people; and Congress cannot lose a power by
thus neglecting to use it. For if no Congress
can lessen the power of a future Congress by
It's acts, surely it cannot by its neglect to act;
and it would seem 10 be certain, if any thing can
be, that the PEOPLE have not given to Congress
the power, merely byforgetfuiness, neglect or
delay in exercising power or discharging a
duty, to alter most materially the Constitution
which the people made. ~ = VI 20. ..a|
And then a distinction of much importance
comes in. If Congress undertook to prescribe
to State who should vote, or to determine for
State what it shall do, it would be very
different thing from saying only what it shall
not do. Even if Congress admitted that this
provision about the election of members of
Congress gives by implication to each State
the power of defining and determining the
elective franchise of its citizens, it would be
perfectly right for Congress TO say also, "You
''may do what you like about this matter of
suffrage, If only you remember that guaranty
.of the Constitution. We remember both
"clauses. 1t is simple and universal rule of
construction, that if clause admits of a con-
"struction which makes it consistent with
another and leaves both of them operative,
"that construction should be preferred to one
(which makes them inconsistent and compels
"a disregard of one that the other may be re-
"garded. We respect both of these clauses,
sand intend to give them both full power and
efficiency. Therefore, be you wise or unwise
sin you provisions about suffrage, we have
nothing to do with you unless you become non
REPUBLICAN. Then we must interfere; then
"we must prevent or annul whatever is thus
"non-republican. For it is direct violation
"ofa most distinct guaranty of the United
Estates; of a guaranty which guards the very
Foundation of our government; which the
"United States cannot carry into effect ex-
Sept by Congress and which Congress cannot
carry into effect except by preventing or an
"nulling every thing that is inconsistent with
"repubncanism. And that it is our duty to
"do."a nt.--... .l -l.. d
cannot but regard the view that the guar
anty clause gives to Congress mainly if not
solely negative and restraining power as OF
some importance. And it seems to dispose of
the objection founded upon the earlier politi-
cal history of our country. The trainers Of the
Constitution made no rule for all the States as
to the right of suffrage, because this right diff
fered exceedingly in the different States; but
all were republican, and this was enough. The
Constitution recognized slavery, and therefore
the existence of large body of slaves called
for the exercise OF this power. But now, this
vast body OF slaves has been replaced by an
equal number of free citizens. And this would
not, of itself, call for any exercise of this pow
er. But If, in the judgment of Congress,
| there is imminent danger in any State where
this transformation has taken place, that they
who have always been free will oppress those
| who have recently become free, in amanner or
to an extent inconsistent with republicanism,
here, for the first time, is an occasion for the
exercise of this power.
The mere absence of the exercise of this
power unless there has been call for its ex-
ercise, affords no argument whatever against
the possession of this power 1t was well for
Congress to wait, and wait long and patiently,
until the exercise of this power is called for.
1t may be well for Congress to wait still long
er; and this is just what Congress must Judge
OF And if Congress deems that it now hears
this call, that it sees not merely an occasion
but necessity for an exercise of this power,
can 1t be said that Congress cannot do this
now, because it has waited for q sufficient
reason, and has never done before what Con-
gress never before saw either a necessity or an
occasion for doing?
Cambridge. i A1 TIP